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Home My WebLink About20231856.tiffRESOLUTION RE: APPROVE RENTAL CONTRACT FOR PIPE AND DRAPE BACKDROPS FOR 4-H AND BETTER LIVING SHOW EXHIBITS AT 2023 WELD COUNTY FAIR AND AUTHORIZE CHAIR PRO-TEM TO SIGN ELECTRONICALLY - FLEXX PRODUCTIONS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Rental Contract for Pipe and Drape Backdrops for the 4-H and Better Living Show Exhibits at the 2023 Weld County Fair between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the CSU Extension Office/Weld County Fair Board, and Flexx Productions, LLC, commencing July 22, 2023, and ending July 31, 2023, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Rental Contract for Pipe and Drape Backdrops for the 4-H and Better Living Show Exhibits at the 2023 Weld County Fair between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the CSU Extension OfficelWeld County Fair Board, and Flexx Productions, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is, authorized to electronically sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of July, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: W.dtityv �1+�►• Weld County Clerk to the Board torney Date of signature: O7/11/23 cc: EX (l-(S/c") 07/2O/23 Perry . B c t K. James 2023-1856 EX0031 PASS -AROUND TITLE: DEPARTMENT: PERSON REQUESTING: BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW Flexx Productions Fair DATE: 6/27/2023 Hannah Swanbom Brief description of the problem/issue: Weld County Fair Board is requesting approval for Flexx rental agreement for supplies for fair. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Supplies are pipe and drape for all 4-H and Better Living show exhibits, as well as vendor booths, totaling (9,675.17). Recommendation: Weld County Fair Board recommends to approve the rental agreement with Flexx Productions for supplies for fair. This has already been reviewed and approved by legal. Approve Recommendation Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine ule Work Session Other/Comments: Wasitact to tiv\A- kaoNA ticA(o--rouxeis 1- <1.1 44-tc a/4 94poiceiEx0003 7/5 Ex0031 t^ikc Aso Kow4A) ` ) 2023-1856 d �(Rise.) Karla Ford From: Sent: To: Subject: Approve Mike Freeman Tuesday, June 27, 2O23 2:32 PM Karla Ford Re: Please Resply - Flexx Pass Around for Fair Sent from my iPhone On Jun 27, 2O23, at 9:43 PM, Karla Ford <kford@weld.gov>wrote: Please advise if you approve recommendation. Thank you. Karla Ford A Office Manager Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford a(�.weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <imageOO2. jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the nomed recipient is strictly prohibited. From: Hannah Swanbom <hswanbom@weld.gov> Sent: Tuesday, June 27, 2O23 1:35 PM To: Karla Ford <kford@weld.gov> Subject: Flexx Pass Around for Fair Please see attached. Thank you! Hannah Swanbom Weld County Extension Director Weld County Office 525 N.15 Avenue Greeley, CO 8O631 97O.4OO.2O75 <imageOO1.png> Confidentiality Notice• This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it Is addressed and may contain information that is privileged, confidential cr otherwise protected from disclosure. If you have received this communication in error, please Immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Page 1 of 3 iF1;33 E. Harmony #19 FLEXX Ha Cob, CO 80`28 Otfice 979.223.119 F; x: 970 226.0528 TENTS • EVENTS productions PARTY RENTALS Customer#: 3322 Weld County Phone 970-356-4000 915 10th St Job Descr: Weld County Fair Greeley, CO 80631 Operating Delivery/Pick-up Hours: 7:30am-6:00pm (M -SUN) Operating Will -Call Hours: 9:00am-3:30pm (M -F) Status: Reservation Contract #: 24816 Event Beg: Sat 7/22/2023 8:00AM Event End: Mon 7/31/2023 3:30PM Operator: MORGAN Johnson Ordered By: Cheryl Aragon 970 400-2085 Sales Rep: MORGAN Johnson 970-223-1195 MORGAN@FLEXXproductions.com Delivery Thu 7/20/2023 8:00AM - 5:00PM Cheryl Aragon 970-400-2085 Island Grove -Events Center 915 10th St Greeley, CO 80631 MJ - [SEE TECH NOTES] del 7/20 8:ooam-5.50pm, DONE BY EOD pu 8/1 - 8/2 8am-5pm DONE BY 12PM NOON 8/2 Pickup Tue 8/1/2023 8:00AM - 5:00PM Cheryl Aragon 970-400-2085 Island Grove -Events Center 915 10th St Greeley, CO 80631 [TECHNICIAN NOTES] - Some P&D will be set/other areas area Drop (NEED MAPS ON FILE) - Set Order: 1) Open Class Exhibit/Quilt Hall (Set by 12:00pm) 2) Drop Additional Parts for this area 3) Vendor Hall (Set by 5:00pm) 4) Drop 4H/Bunkhouse Parts- Client sets up themselves [CLIENT/PAYMENT NOTES] - pays by invoice, require 50% non-refundable deposit - sent e -signature request 6/27 - pays by invoice for FINAL - 45% coupon extended to parts dropped/client setting themselves Qty Items Rented Each P4ce OPEN CLASS EXHIBIT FLEXX SET SEE MAP 50 [Pipe & Drape 3' (PerFT)] $5.50 $275.00 DRAPE COLOR: WHITE 100 [Pipe & Drape 8' (PerFT)] $6.50 $650.00 DRAPE COLOR: BLACK QUILT HALL DISPLAY FLEXX SET SEE MAP 160 [Pipe & Drape 8' (PerFT)] $6.50 $1,040.00 DRAPE COLOR: BLACK OPEN CLASS EXH./HALL FLEXX DROP -CLIENT SETS 470 [Pipe & Drape 3' (PerFT)] $3.025 $1,421.75 Discount /Disc% $1,163.25145.00% DRAPE COLOR: WHITE 40 [Pipe & Drape 8` (PerFT)] $3.575 $143.00 Discount / Disc% $117.00 / 45:00% DRAPE COLOR: BLACK VENDOR HALL FLEXX SET SEE MAP 8 [Pipe& Drape Booth 10x10] $51.50 $412.00 SETTING DRAPE COLOR: BLACK - (17) 10' WIDE x 8' DEEP 1 [Pipe & Drape Booth 10x20] $64.00 $64.00 DRAPE COLOR: BLACK -8'x20' Booth Printed On Wed 6/28/2023 3:20.10PM Software by Point -of -Rental Software www.point-of-rental.com Modification #4 contract-params.SQL.rpt (1) Contract ft: 24816 Weld County Page 2 of 3 Qty Items Rented Each Price 20 1200 110 2 1 [Pipe & Drape 8' (PerFT)] DRAPE COLOR: BLACK Behind tables $6.50 $3.025 Discount / Disc% $3.575 Discount / Disc% $250.00 $0.27 $130.00 $3,630.00 $2,970.00 / 45.00% $393.25 $321.75 / 45.00% $500.00 $0.27 4H BUILDING FLEXX DROP -CLIENT SETS [Pipe & Drape 3' (PerFT)] DRAPE COLOR: WHITE BUNKHOUSE FLEX), DROP -CLIENT SETS [Pipe & Drape 8' (PerFT)] DRAPE COLOR: WHITE EXTRA PARTS LEAVE ON SITE AS EXTRA SALE/DELIVERY Delivery/Pickup Greeley 2 Vehicles Cost per vehicle (subject to fluctuate with addition or removal of product) Retail Delivery Fee (State of Co) Thank you for your business! Rental: $8,159.00 Damage Waiver: $815.90 Sales: $0.27 Delivery Charge: $500.00 Subtotal: $9,475.17 Total: $9,475.17 Paid: $0.00 Amount Due: $9,475.17 agree that my electronic signature, as represented here, is legally binding. I hereby represent, warrant, acknowledge, agree and attest that all contracts and documents submitted using my electronic signature have been signed by me, the Customer/Lessee/Guarantor (or the Customer's/Lessee's/Guarantor's duly authorized representative) identified in this Contract. I understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature. I certify that my electronic signature is for my own use, that I will keep it confidential, and that I have not assigned, licensed, delegated or shared it for use by any other party(ies). I agree to the electronic storage of this record and understand that viewing it requires a computer with access to the intemet and a modern web browser. I understand that if I withdraw my consent to the electronic storage of this record and wish to obtain a paper copy, I must request one in person and may be charged a fee. By entering my electronic signature using the provided interface, I declare that I: 1. have read and understand this Contract (including as applicable, the Lessor's form(s) of Damage Waiver, Temporary Structures, Tables and Chairs, and Delivery and Acceptance Addenda and/or Certificate(s) each of which is incorporated herein as if fully set forth); 2 am, or I am authorized to sign this Contract (including such Addenda and Certificates) on behalf of, the Customer/Lessee/Guarantor identified in the Contract; 3. agree to be bound by the terms and conditions of the Contract and such Addenda and Certificates; 4. PERSONALLY GUARANTEE the full and prompt payment and performance of all obligations of the Customer/Lessee arising hereunder and/or thereunder; and 5. understand that Point of Rental provides this e -signature service as a convenience and is not a party to the Contract. Printed On Wed 6/28/2023 3:20:10PM Software by Point -of -Rental Software www.point-of-rental.com Modification ft4 contract-params.SOLrpt (1) Contract #: 24816 Weld County For good and valuable consideration, you and Steadfast Event olutions, LLC, d/b/a °FLEXX Productions (also referred to in this Contract as °FP,° °Lessor,° °we; °us° and °our) agree as follows: 1 As used herein, °P. means your Reservation, Contract, Order er other similar writing included herew6, identifying the item's) being rented to you hereunder; °Contract means .1 together with these Terms and Conditions; °Rented Item's)" or °Item')" means the item's) rented to you, as identified on P.1 (including any "Instructions" provided pup. ction [or °§"J 4 of this Contract); °Site° means the location where the item(e) iyare to be delivered and/or used (if applicable), as set forth on P.1; and °Customer, and °Lessee,° `you° and °your mean the customer, renter or lessee identified an 1. 2. You agree fo rent the Rented Items) from FP for the period's) spedfied on P.1 (the °Term ), and to pay FP the rental rete(s) set forth on P.1 (the together with any other charges acauing hereunder, without proration, reduction w setoff, far the antis scheduled Term and until the Rented Item's) islare returned to end accepted by FP. Rental rates are for normal use of the Rented Items) on a pereveM basis. The Rent will be increased for any additional time er use. You will not be entitled to any cancellation rght or reduction of Rent or other amounts coming due hereunder for Sme in trnsit, Ad(s) of God, event's) of force mejeure or any other period's) of De 'fled P 1( 'f 35% f th Esti t d R Q ati d cancelled morethan 30 days prior to your original, scheduled delivery da-s, FP may, but will not be obbgated to permit rescheduling of your Rental o portion your epaym pay nonrefundable. Anything with, in er en any Rented Items) upon return will, a our option, be deemed surrendered and abandoned. 3. You will ensure the Site is clean, safe, secure and fit for delivery and use of the Rented Item's). If we agree to provide any services (including delivery, setup, installation and/or retrieval of an Item s), time(s); d ( j personnel nave full re°) for which you agree nonuse. We have estimated the Rent based on your estimate of the length of the Term (the °Estimated enY). You agree to pay FP: (a)(i) any posit specs on or I none, o e ma a en upon resery on; an (ii) a least 10 days before the Term commences, 100% of the remaining Estimated Rent (together with the Deposit, the °Prepayment); and (b) all other amounts coming due hereunder upon demand by FP. Yau agree that: et FP may deduct any amount you owe us from any Prepayment @) no interest will accrue on any Prepayment and (c) no Prepayment will be deemed a limit of your liability under er in connection with this Cpntrad. If your evert is r refund a of ur Pr ant Premenu are otherwise ryP ) Y access to the Site at all times. We will not be responsible to indemnify, defend and hold harmless FLEXX Productions. If you are not present upon our delivery, setup, installation or retieval of any Item's), you g p p g riff (including the sfalus, conditlon, quality and quantities of the Items) and the SKe). 4. Upon the earlier of your receipt, or the deliveryto the Site, N the Rented Item(s) unless you thereupon reject it/them, you represent, warrant, acknowledge and agree that (a) each Item:'i) is complete and in good order, condition and repair; (ii) is appropriate for your purposes and in all ways acceptable to you; and (iii) was selected (not based on any recommendation by us), carefully examined counted and tested by you or your agent's); and (b) you: (i) have received, reviewed and understand all laws, rules, regulations, training, instructions, user manuals, maintenance requirements, and other information, if any, including all applicable EPA, OSHA, ASME, IBC, IFC, IEEE, ASSP, ANSI and other applicable standards (collectively, °Instructions°); (ii) will fully comply therewith; (iii) will use each Item only for its intended purpose in a reasonable and safe manner; (iv) will timely give all applicable notice's) to, and obtain all applicable Ncenses, authorizations, permits and approvals from, all affected parties, including governmental authorities, utilities, cable companies and the owner's) of the Site, and ensure that all underground lines, cables and conduits are clearly and properly marked before using any Item's) to disturb the ground surface. For this purpose, contact 811 and go to www.Colorado811.org, at least 3 business days in advance; (v) will immediately cease using any Item that is damaged, breaks down, or proves defective (a "Malfunction"j; (vi) will promptly notify the police if any Items) islare stolen er involved in any accident; and (viii) will ensure that all others comply wKh this Contrail You will notify us immediately if ant of the foregoing shall prove incomect or misleading at any time. 5, In the event °f a Malfunction as defined lariat n 'by"' you agree to immediately notify and return the Malfunctioning Item to, FP, and provided such Malfunction did not resuK from or in connection with any wrongful or negligent act's) or omission's) of, or any breach of this Contrail by, you or anyone you permit to use, occupy or otherwise deal withany Rented Items) (including your guests and invitees), we may at our option: 'a) repair the Malfunctioning tem; (b) provide you with a comparable item; or (c) solely with respect to the Malfunctioning Item, return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. We will have no other obligation(s) regarding Malfunctions, all of which you waive (including without limitation, all direct, indirect, incidental and consequential damages). 6. Except with rasped to Items we rent from one er more third parties (each, a °TPlig and then re-rednt to you (p, Rented Item's)"), FLEXX Productions owns and will retain title to all Rented Items at all times. You will have exclusive control over the Rented Item's) during the Term subject however to your obligation s fully and timely comply with this Contrail a all times. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest er encumbrance on any such Item; (b) have any title or ownership interest d er with rasped to any Rented Ifem(s); to (c) than transfer. sublease, repair, store, surrender or assign env Rented Item or this Contrail without our prior written consent. We may substitute, sell and/or assign any Rented Items) and/or all or any part of our interests (herein and/or in this Contrail at any time, in which event You will attom to the assignee, who will not be responsible far any preexisting obligations or liabilities d FP. SAFETY WARNINGS: THE RENTED ITEMS) CAN BE DANGEROUS AND MAY MOVE, SHIFT, TIP, SINK, OVERTURN, LEAK, OR COLLAPSE, PARTICULARLY DURING SEVERE WEATHER AND/OR ON STEEP TERRAIN. YOU AGREE TO: () EXERCISE, AND TO CAUSE ALL OTHERS TO EXERCISE, EXTREME CARE WHEN DEALING WITH SUCH 'TEMP; (B) PROVIDE ALL APPLICABLE FAMILIARIZATION, TRAINING, INSTRUCTIONS AND WARNINGS TO ALL USERS, OPERATORS AND OCCUPANTS OF THE RENTED ITEM'S); (C) ensure that each Rented Item is used reasonably, safely and on (i) for its intended pat e(sy Is within its rated capacity; (iii) at the Site; (iv) by properly trained, qualified, certified, FAMILIARIZED and/or licensed (as applicable) ADULTS and (v) otherwise in full compliance with this Contrail and all applicable laws, rules and regulations, at all times. 8. SAFETY PRECAUTIONS: Yee" not nor will you permit anyone else to abuse, misuse, overuse, conceal, place in storage withany third party, repair, modify or damage any Rented Item. YOU ALSO AGREE TO: (A) ENSURE THAT ALL CHILDREN IN, ON, ne NEAR ANY RENTED REM(S) ARE SUPERVISED BY 'A COMPETENT ADULT AT LEAST 21 YEARS OF AGE AT ALL TIMES; (B) POST AN oSHA•CO la_lAN7 EVACUATION PLAN ON OR NEAR EACH TEMPORARY STRUCTURE INCLUDED IN THE RENTED ITEM'S); and (C) EVACUATE AND permit FP to delay delivery, installation AND/OR USE of, or dlamantte and/or retrieve ANY or all rented item's) (without obligating us to do so) if any hazard (including without limitation, severe weather) occurs or threatens. an You agree to maintain all insurance FP may require, including at least (a) public and host liquor liability insurance with minimum limits of $1,000,000 per occurrence; (b) property damage/inland marine insurance covering all Rented Items tar the full (new) replacement cost thereof; and (c) workers' compensation and employer's liability insurance. All such policies shall, to the maximum extent possible: (i) name FP a fa additional insured and loss payee; (ii) waive subrogation against FP; (iii) be primary and non-cortributory; (iv) include a severability of interests clause and such other provisions as we may require. You irrevocably appoint Steadfast Event Solutions, LLC as your agent and ttrney-in-fact far purposes of submitting, negotiating and settling claims and payments on all such policies. 10. no warranties: FP IS NOT THE MANUFACTURER OR DESIGNER OF ANY of the ITEMS) referenced IN THIS CONTRACT, ALL OF WHICH ARE PROVIDED "AS•IS". NEITHER FP NOR ANY TPO, MAKES ANY WARRANTY(ies)r EXPRESS OR IMPLIED (INCLUDING ANY WARFANTY(IES) OF MERCHANTABILITY SUITABILITY FITNESS FOR A PARTICULAR PURPOSE. FUNCTION, DESIN, QULITY, CPACITY, FREEDOM FROM DEFECTS AND/OR CONTAMINATION AND/OR GOOD AND WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRAN eosr) arising FROM OR IN CONNECTION WITH any COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY ITMS) OR SERVICS) referenced EREN, NOR DOES FLEXX PRODUCTIONS OR ANY TPO MAKE ANY WARRANTY(IES) AGAINST INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU WAIVE. NO DESRIPTIONS. SPECIFICATIONS. DEPICTIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY fp. iNC. OR ANY TPO. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT. 11. INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (AI ASSUME ALL RISKS INCLUDING WITHOUT LIMITATION, RISKS) OF PERSONAL and bodily INJURY, ILLNESS, LOSS, PROPERTY DAMAGE AND CONTAMINATION OF, T0, AHD/or ARISING IN CONNECTION WITH, the ITEM'S) AND SERVICE'S) REFERENCED IN THIS CONTRACT, AS WELL AS ALL LIABILITIES, CAIMS, DAMAGES, losse costs and expenses (including attorneys' fees) ARISING from and/or IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUACTURE, UE, LOADING, ULOADING, TRANSPORTTION, DELIVERY, SETUP, INSTALLATION, REINSTALLATION, MALFUNTION, COLLAPSE, STORAGE, CONTAMINATION, CLEANING, SERVICING, MAINTEANCE, REPAIR, AND EACH RETRIEVAL thereof, WHETHER OR NOT YOUR FAULT (colectively, risks) JB) RELEASE AND DISCHARGE, AND AGREE 70 INDEMNIFY, DEFEND AND HOLD HARMLESS, Steadfast Event Solutions, LLC, EACH TAO and their respective owners, shareholders, members, mnagers, officers, directors, partners, agents, affiliates, embyees, insurers, subragees, representatives, successors and assigns (each, an ndemnitee"), for, from and against all such RISKS, as well as all other liabilities, clims, damages, losses, costs and expenses (including without limitation, attpmeys fees) arising from and/or in connection with the Rented Items), this Contract and/or any breach hereof by you, your agents, empbyees, contractors, guests, invitees, sblessees, successors and/or assigns; and except only as provided in § 5, JCI WAIVE all rights and remedies available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, space/, exemplary and punitive damages, against each and every Indemnitee. cede' You agree fir protect, properly maintain and care far each Rented Item at all times, keep it safety and securely stored and locked when not in use, and return 8 to teeid Productions on timed the end of the Term, complete, clean, free of contamination, bums, cuts, stains, discoloration and debris, and in good condition, property serviced and maintained, and if applicable, full of the appropriate fuel, fluids and lubricants. If you fail ffl p so, then in addition th your other obligations arising under this Contract, you will pay us: (a) Rent for each succeeding full rental period until all Rented Items) have been returned or replaced by required; and @) all costs and expenses we incur in connection with such failure (including without Nmitation, all costs of cbanlrU repairs, maintenance and/or replacements) erns the Rented Illeci j. Certain Items may be delivered N pallets, or in sates, cartons er boxes, and may be stacked, bagged, acked, flded, rolled and/or strapped (°Packed°). Upon return, you will ensure that all Rented Items are property Palld. YOU AGREE NOT TO PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY. IMPROPER PACKING MAY RESULT IN MOLD, MILDEW OR OTHER DAMAGE, FOR WHICH YOU WILL BE LIABLE . 13. If and only iL we have aHered, and you have elected to purchase our Optional LIMITED Damage Waiver (°LDW") and paid the non-refundable LDW Fee set forth on P.i before the Term commences then solely w8h '3' to Item's) covered by have (°Covered Items°), your liability for the cost to repair or replace such Covered Items will be limited as set forth in our Damage Waiver Guide and Addendum, the terms of whch you hereby acknowledge and agree to. You may decline LDW ff you provide the property damage / inland manna insurance referenced in § 9. LDW IS NO7 INSURANCE, NOR IS IT A WARRANTY. 14. We may, without further notice Nab" to you, inspect and/or monitor n person er (lectronically, including via GPS and/or fwide, right any Items) at any time, and all information obtained will be our property. You consent m such inspections) and monitoring and waive all claims with rasped thereto. You hereby grant to FP a perpetual, royalty bee, worldwide, right and license to create, edit display, and distribute one or more images of your event's) that include one or more Rented Item'sd If any performance required of us is delayed or impaired as a result of any act or omission of/by you, any Other Provider's) or any °Act of God" event of farce meieure or any other event that or droe e"e ce beyond our reasonable control, we will be excused trammel" performance. You waive the benefits of all statutes of limitations regarding our rights and remedies. All amounts due hereunder but not timely paid will bear interest a the lesser of (a) le c per annum; it (b) the higiest rate permitted under applicable law until paid. You authorize us to submit all amounts due and coming due hereunder to any debit or ereu card's) you provide. You agree to pay us the maximum lauvful charge for any check yoL write which is returned unpaid. Our maximum liability in connection with this Contrail is limited to the Rent we , lb receive from you hereunder for the Itm) identified on P1. You will pay all sales, use and other taxes, aswell as all tolls, fines, fees, assessments, and other charges related to the Rented Item (s) and/or this Contract If any legal action is commenced in connection herewith, vve will be entitled b recover from you our associated attorneys' fees, costs and expenses if we prevail. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available under or in connection with this Contrail will constitute an election or waiver d any of our rights or remedies, all of which are emulative. 15. Your Rental shall be deemed a `net rental. Accordingly, you obligation to pay all Rent and other sums coming due under this Contrail when due and to otherwise perform as required hereunder shall be absolute and unconditional and shall not be subject to any present or future abatement recuctin, set"t compensation, deense, counterclaim, cross'alrr. interruption, deferment ar recoupment for any reason. fr you „ any guarantor shall: (a) fail to fully and limey honor, pay, perform or campy with this Contrail, any other agreements) (°Other ontracts)°) between you and FP, and/or any of your obligations arising (hereunder or in connection (()herewith; (b) provide any incorrect or misleading information to us; (c) become insolvent or bankrupt; or (d) die or cease cenducting business; if FP"' deem Kselfinsecure er 8 any Rented Item's) shall be lost or, unless covered p„ LDW per § 13, damaged, you will be in defau8 under this Contract and such Other Contract(s), whereupon, we may with or without legal process or notice (and without I, res to You) to the maximum extent permitted under applicable law: (i) cancel the Term and/or the subject Contract's) (and/or your rights to use and possess the Rented Ifem(s)); (ii) seek relief from stay; (iii) recover, empty, lock, restrict shut dawn, disassemble and/er disable such Items) without being guilty of breach trespass h wrongful interference, or liable for any injuries or property damage (for which you agree fo indemnify, defend and hold harmless each Indemnhee); (i peAonn your obligations (()hereunderon your beha8, without being obNgated to do so; (v) purchase replacement Items); (vi) recoverfrom you and/or any guaranty our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the entire scheduled Term, overtime, loss of use, interest attorneys' fees, r$6 $$$lhepos$$$$$$ casts, and collection costs); and/or (vii) pursue any one er more other rights and/ar remedies available (()hereunder, at law and/or in equity, all rewhich are umulative. 16. This Contract and any °Addends we provide, (including as applcable, our Delivery and Acceptance Certificate, Evacoation Plan and/or Damage Waiver Guide and Addendum) each of which is incorporated herein, constiWteall the entire agreement between ypu and FP, superseding all other agreements and representations. The terms of this Contrail are severable. If any provision hereof shall be deemed invalid or unerdorceable by any courtof competent jurisdiction, such provision will be deleed, and the remainde- of this Contrail will remain valid and enforceable. This Contract cannot otherwise be modified without our written consent Time is of the essence. These Terms and Conditions apply to all Item's) identified on P.1, and to all other items you obtain from us at any time (unless are otherwise agree in writing). This Contrail shall bind and be enforceable by and $g$88) you, FP, the other 'damn's and their respective permitted successors and assigns (there being no other thirdparty beneficiaries hereto). This Contrail shall be interpreted and enforced under the laws of Colorado. At the option of FP, dispute's) with respell to this Contract and/or its subject matter shall be submitted to binding arbitration before a single arbitrator selected by FP at the offices of the American Arbitration Association boated in ar nearest to Fort Collins, CO. Proper venue far all other civil legal actions commenced in connecton herewith shall Ne solely in the federal, state and local courts located in or nearest to Lorimer County, CO (unbss waived by FP). You consent and submit thereto and waive all clams the such venue lies in an inconvenient forum. EACH PARTY HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY. Digital, electronic, photocopied and facsimiled signatures and initials hereon will be deemed originals. 17. WARNING: Obtaining, retaining or exercising control over anything of value of another without authorization or by means of threat or deception, er without the consent a the owner, or knowingly failing tef return said property to the owner or provider within 72 hours after the agreed upon time of return may be deemed theft subjecting the violator to CRIMINAL PROSECUTION AND/OR CIVIL PENALTIES. See C.R.S. §18-4-401, of sea. for detest. Page 3 of 3 you agree to: (a) pay our regular charge's) for the same, and for all waiting time; (b) be present at the Site at the agreed times ; an r ensure our personae for mishaps or delay's) caused by you, your agents or empbyees or any other parties, including providers of other goads or services „ter Provide agree to accept the statements of our representatives re arils the same Modification #4 Printed On Wed 6/28/2023 3,20,10PM Software by Point -of -Rental Software www.pointef-rental.com contract-params.SOL.rpt (1) FLEJOl461 productions FL©XIAil produdwns LIMITED DAMAGE WAIVER ADDENDUM THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL DAMAGE WAIVERS PROVIDED TO CUSTOMERS ("LESSEES") OF STEADFAST EVENT SOLUTIONS, LLC, D/B/A "FLEXX PRODUCTIONS" (ALSO REFERRED TO HEREIN AS "FP," "LESSOR," "WE," "US" AND "OUR") You, the "Customer" or "Lessee," are responsible for protecting all items rented to you (hereinafter, "Rented Item(s)") by FP under the terms of your Rental Contract from any and all loss, theft and damage. Except as provided below, if any Rented Item(s) is/are lost, stolen, or damaged during your rental, you will be responsible to FP for all costs associated with repairing, restoring and/or replacing such Rented Item(s). You may also be responsible to FP for additional charges during the period required to repair, restore or replace any Rented Item(s) which is/are lost or damaged, and/or the loss in value of such Rented Item(s). If: (a) we make our Optional Limited Damage Waiver ("LDW") available; and (b) you (i) accept it (as provided below); and (ii) fully and timely pay to FP the non-refundable LDW Fee reflected in your Rental Contract prior to commencement of your rental, then to the extent set forth below, FP agrees to waive certain claims against you arising from physical damage to any Rented Item(s) covered by LDW (hereinafter, "Covered Items)"), subject to the remaining terms hereof. You will otherwise remain liable for 100% of all loss, theft, and damage to the Rented Item(s) as well as all other amounts due and coming due under the Rental Contract. LDW IS OPTIONAL AND MAY BE DECLINED IF AND ONLY IF YOU PROVIDE TO FP PROOF OF THE PROPERTY DAMAGE / INLAND MARINE INSURANCE REFERENCED IN SECTION 9 OF YOUR RENTAL CONTRACT PRIOR TO COMMENCEMENT OF YOUR RENTAL. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY. LDW is a partial waiver of our claims for physical damage to or destruction of c y Covered Item(s). It does not cover other types of damages and/or costs, such as cleaning, maintenance, excessive wear and tear and/or loss of or damage to other (non -covered) item(s), including without limitation intellectual property ("I.P.) and/or data. If LDW has been offered by FP and you have paid the Non -Refundable LDW Fee set forth on Page 1 of your Rental Contract for each rental period, then subject to the remaining terms hereof, including without limitation the "Exceptions and Exclusions" set forth below, FP will waive its right to recover from you 80% of its cost(s) (hereinafter, "Repair/Replacement Costs") to repair or, at FP's option, replace Covered Item(s) which suffer physical damage of up to $10,000 during the rental term set forth in your Rental Contract (the "Term"). provided however, that, for each Term: (a) you will remain liable to FP for: (i) a "deductible" equal to 20% of such Repair/Replacement Costs; and (ii) all Repair/Replacement costs which exceed $10,000 in the aggregate across all Covered Item(s); (b) you must notify FP in writing of any accident, loss or damage of or to Covered Item(s) within 24 hours thereafter; (c) you must provide FP with documentary evidence of the nature and cause(s) thereof; (d) you must immediately return the subject Covered Item(s) to FP, unless we elect to forego such return (in our sole discretion); and (e) you must continue to comply fully with the terms of your Rental Contract, by among other things, fully and timely paying all amounts due and coming due to FP thereunder. Exceptions and Exclusions: LDW does not provide coverage for: (i) liability; (ii) personal and/or bodily injuries; (iii) non-physical damage (such as contamination and data losses); (iv) cost(s) such as cleaning; (v) maintenance; (vi) excessive wear and tear; and/or (vi) loss of or damage to any Item(s) subject to one or more of the following Exceptions and Exclusions. Anything to the contrary contained herein or in the Rental Contract notwithstanding the following are NOT COVERED by LDW, and you, the "Customer" or "Lessee," will remain 100% liable for: (a) Item(s) Not Covered: (I) GPS and telematics systems, I.P., data, batteries, glass, tires, tubes, tracks, belts, fittings, chains, knobs, cords, cables, tanks, hoses and other accessories in or on any Rented Item(s); (II) Rented Item(s) with respect to which you do not pay the non-refundable LDW Fee prior to commencement of your rental (as provided on Page 1 of your Rental Contract) for each rental period (i.e., for the Initial Term, and separately, for any extension period(s) approved by FP); and (III) any and all loss, damage and/or destruction exceeding $10,000 in the aggregate across all Covered Items; (b) Deductible: The "deductible" described above (Note: If you fail to promptly pay the deductible, LDW will be void, and you will be responsible for 100% of any damage to Item(s) that would otherwise have been covered by LDW); (c) Violations / Breaches: Loss of or damage to Covered Item(s) due to violation by you, your agents, employees or contractors, of any of the terms of your Rental Contract, this Addendum, any applicable laws, rules, regulations, policy(ies) of insurance, and/or any "Instructions° as defined in your Rental Contract (including without limitation, any instructions and/or warnings provided by manufacturer(s), as well as EPA Tier 4, cleaning, servicing, mainten-ance, repair and silica dust requirements), specifications and/or warnings provided by FP, the owner(s) and/or the manufacturer(s) of such Item(s); (d) Misuse, Abuse, Neglect: Loss of or damage to Covered Item(s) due to intentional abuse, improper use, negligence, willful misconduct, vandalism, neglect, submerging, overloading, overturning, striking overhead objects, and/or exceeding the rated capacity(ies) of such Item(s); (e) Failure to Return / Criminal Activities: (I) Any failure to return Covered Item(s) to FP, including without imitation, loss, theft and disappearance, in whole or in part (including any theft(s) of engines, components, parts and/or attachments), unless we elect to forego such retum as provided above; and (II) criminal, fraudulent, dishonest and/or illegal act(s) or omission(s); (f) Maintenance Failures: Damage to Covered Item(s) resulting from any failure to properly service and/or maintain such Covered Item(s) (including without limitation, failure to maintain proper pressure levels or proper levels of air, water, or manufacturer -approved oil, fuel, lubricants, hydraulic fluid, diesel exhaust fluid, brake fluid and/or coolant); (g) Protection / Security: Loss of or damage to any Covered Item due to failure to secure and/or protect it (e.g., by leaving it in an unprotected area, leaving it unlocked or with the keys in the ignition, etc.); (h) Governmental Authority / War / Terrorism: Damage to or loss of or to any Covered Item resulting from or in connection with: (I) action(s) or inaction(s) of any governmental or other civil authority; and/or (II) civil insurrection, act(s) of war and/or terrorism; (i) Transportation: Damage or loss of or to any Covered Item during transportation; (j) Use of Drugs / Alcohol: Damage or loss of or to any Covered Item resulting from or in connection with the use of alcohol or drugs (including without limitation, CANNABIS, even if legalized) by you or anyone employed or engaged by you, or anyone you permit to use or otherwise deal with any Rented Item(s); (k) Electric Current Damage caused by electric current (including without imitation, use of non -utility generated power); (I) Hazmat / Contamination: Loss of or damage to any Covered Item resulting from: (I) its exposure to hazardous, explosive, combustible, radioactive, toxic, corrosive or noxious materials or substances; (II) nuclear hazard; (Ill) temperature/humidity; and/or (IV) contamination, including mold, mildew, rust, rot and/or exposure to pollutants and/or contaminants; and (m) Third Parties / Sublessees: Any Item(s) damaged while being used, operated, occupied or otherwise dealt with by any third party(ies) not specifically identified in/on your Rental Contract as "authorized users" (including without limitation, unauthorized [by Lessor] borrowers, sublessees and assignees). This Addendum shall be deemed to modify and supplement, and shall be deemed incorporated into and become a part of your Rental Contract. To the extent any of the terms of this Addendum conflict with the terms of your Rental Contract, the terms of this Addendum shall control. Your Rental Contract shall otherwise remain valid and in full force and effect, and all terms thereof will be deemed incorporated herein. IMPORTANT: LDW DOES NOT BENEFIT ANYONE OTHER THAN YOU, THE "CUSTOMER" OR "LESSEE" (SUCH AS BORROWERS, SUBLESSEES, REAL PROPERTY OWNERS, OTHER INSURERS, CONTRACTORS, INVITEES, AND OTHER THIRD PARTIES). WE RETAIN THE RIGHT TO PURSUE RECOVERIES FROM THIRD PARTIES, INCLUDING YOUR INSURER, FOR ALL LOSS AND DAMAGE, WHETHER OR NOT COVERED BY LDW. YOU MAY DECLINE LDW IF YOU PROVIDE TO FP PROOF OF THE PROPERTY DAMAGE I INLAND MARINE INSURANCE REFERENCED IN SECTION 9 OF YOUR RENTAL CONTRACT PRIOR TO COMMENCEMENT OF YOUR RENTAL. NONETHELESS, NO LDW COVERAGE WILL APPLY TO ANY ITEM(S) FOR WHICH YOU DO NOT TIMELY PAY THE APPLICABLE LDW FEE. Page t Copyright() EquipmentRentalContracts.com, LLC. (866) 582-2586. All rights reserved. Unauthorized reproduction and distribution expressly prohibited. 5. THE VALUE OF DAMAGE WAIVER. Our Optional Limited Damage Waiver enables you to avoid costly downtime and expensive repairs and/or replacements by: (a) Covering: (i) Repair/Replacement Costs: A portion of the cost of repairing and/or replacing Covered Item(s) which suffer physical damage during your rental (subject to the limitations set forth in Section 6 below and the reverse side or Page 1 hereof); AND (ii) Rental Charges: 100% of the Rent that would otherwise be due under your Rental Contract during the period in which the Covered Item(s) is/are being repaired or replaced (as applicable); AND (iii) Certain Other Costs: 100% of the following charges that would normally be due under your Rental Contract: late fees, transportation and storage fees and interest; AND (b) Enabling You to Avoid Costly Insurance Claims and Premium Increases: Costly insurance premium increases may be limited or avoided because in many cases, customers are able to avoid filing claims on their own insurance policies (increasing their "loss histories"). 6. WHAT IS NOT COVERED? Following is a summary of what LDW will not cover (See Page 1 hereof for more details regarding exceptions, exclusions and other important terms): • Item(s) subject to any of the "Exceptions and Exclusions" set forth on Page 1 hereof; A "deductible" equal to 20% of the total of all "Repair/Replacement Costs" (as defined on the reverse side hereof); • Repair/replacement costs exceeding $10,000 in the aggregate across all Covered Items; • Intentional abuse, improper use, negligence, and neglect; Violation of your Rental Contract, this Addendum, applicable laws or any instructions provided by FP and/or any owner(s) or manufacturer(s) of Covered Item(s); Criminal activities, Civil Insurrection, War and Terrorism; Actions of Governmental Authorities; Loss, theft, disappearance of, or any other failure to return, any Covered Item(s); Maintenance Failures, Excessive Wear and Tear, and Damage During Transportation; Failure to Secure and Protect Covered Item(s); • Use of alcohol and/or drugs; • Damage caused by electric current; • Exposure to Hazardous Materials, Pollutants and/or Contaminants; and Use/operation by unauthorized third parties. 7. HOW DO I USE LDW? If a Covered Item is damaged or destroyed (an "Event of Loss") during your rental, you must advise us of the date, time and suspected cause of the Event of Loss in writing within 24 hours. In the event of a reportable accident or vandalism, you must also properly complete and file a police report with local authorities. A copy of the police report must be provided to us within 48 hours after the Event of Loss. You will be 100% responsible for any Event of Loss which is not covered by LDW (e.g., for any Rented Item(s) which you elected not to cover and for Covered Item(s) with respect to which any exclusion(s) referenced in this Limited Damage Waiver Guide (including Page 1 hereof) apply(ies)). 8. HOW CAN I AVOID PAYING FOR LDW? LDW is not mandatory; it is OPTIONAL. If you wish to decline LDW, you must provide us with proof that you have the property damage / inland marine insurance required under Section 9 of your Rental Contract. NO LDW COVERAGE WILL APPLY TO ANY ITEM(S) FOR WHICH YOU DO NOT PAY THE APPLICABLE LDW FEE (WHICH, IF CHARGED, WILL BE SET FORTH IN YOUR RENTAL CONTRACT). FLEJlX� produQiom FLEXXI productions tlYll 1.1, - Yf II�11,111f LIMITED DAMAGE WAIVER GUIDE 1. YOUR RESPONSIBILITIES. Rental customers or "lessees" are generally responsible for ALL COSTS AND EXPENSES ARISING IN CONNECTION WITH ANY LOSS, THEFT, DAMAGE TO OR DESTRUCTION OF RENTED ITEM(S) regardless of whether the rental customer or lessee was at fault. This can amount to thousands of dollars in additional expense, even for rental customers who maintain insurance (e.g., for deductibles, coverage limits, exclusions, etc.). 2. WHAT IS LIMITED DAMAGE WAIVER? FP's Limited Damage Waiver ("LDW") is an OPTIONAL program that ENABLES OUR CUSTOMERS TO LIMIT THEIR EXPOSURE TO MANY CLAIMS for physical damage to or destruction of "Covered Item(s)" when a covered loss occurs through no fault of the customer. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY. 3. WHAT DOES LDW COST? The fee for LDW (if offered) is the percentage (of the Rent) charged for LDW set forth on Page 1 of your Rental Contract solely with respect to Covered Item(s). No LDW Fee is applied to purchases, delivery charges, fuel, or tax. All LDW fees are non-refundable. 4. HOW DOES LDW WORK, AND WHAT DOES IT COVER? In exchange for your purchase of LDW, FP agrees to waive its claims against you and your company for a portion of the charges identified in Section 5 of this Limited Damage Waiver Guide with respect to Covered Item(s), enabling you to spend your valuable time and money on your business. Copyright © EquipmentRentalContracts.com, LLC. (866) 582-2586. All rights reserved. Unauthorized reproduction and distribution expressly prohibited. Houstan Aragon From: Sent: To: Subject: Attachments: Esther Gesick Wednesday, June 28, 2023 10:17 AM Houstan Aragon FW: SIGNATURE REQUEST Weld County Fair #24816 -From FLEXX Productions A- Damage Waiver - FLEXX.pdf Here is her first email with the attached Waiver, that goes along with the link document to be signed. Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Hannah Swanbom <hswanbom@weld.gov> Sent: Tuesday, June 27, 2023 2:56 PM To: Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov> Cc: Karla Ford <kford@weld.gov>; Esther Gesick <egesick@weld.gov>; Cheryl Aragon <caragon@weld.gov> Subject: FW: SIGNATURE REQUEST Weld County Fair #24816 -From FLEXX Productions Hi All, Cheryl received this contract from Flexx (see link below). Flexx is asking for an electronic signature for the rental of pipe and drape. I have already (this morning) sent around a pass -around for the approval of this contract prior to receiving this.. Please advise on how to proceed once the Commissioners have approved the pass around. Sorry if this creates confusion.. welcome to Fair • Thank you! Hannah Swanbom Weld County Extension Director Weld County Office 525 N.15 Avenue Greeley, CO 80631 970.400.2075 0 WELD COUNTY COLORADO STATE UNIVERSITY EXTENSION Colorado State University Extension is an equal opportunity provider. i Colorado State University does not discriminate on the basis of disability and is committed to providing reasonable accommodations. i CSU's Office of Engagement and Extension ensures meaningful access and equal opportunities to participate to individuals whose first language is not English. Colorado State University Extension es un proveedor que ofrece igualdad de oportunidades. I Colorado State University no discrimina per motives de discapacidad y se compromete a proporcionar adaptations razonables. i Office of Engagement and Extension de CSU garantiza acceso significative a igualdad de oportunidades pars participar a las personas quienes su primer idioms no es el ingles. Col.st/IIOt3 From: Cheryl Aragon <caragon@weld.gov> Sent: Tuesday, June 27, 2023 2:48 PM To: Hannah Swanbom <hswanbom@weld.gov> Subject: FW: SIGNATURE REQUEST Weld County Fair #24816 -From FLEXX Productions Cheryl Aragon Administrative Assistant - Fair CSU Extension, Weld County 525 North 15th Avenue Greeley, CO 80631 970-400-2085 www.weldextension.com www.weld4h.org www.weldmastergardeners.orq www.weld4hfoundation.org www.weldcountyfair.com The Weld County Extension Office will be changing its hours to 7:00 am -4:00 pm from June 26th through June 3e through the Greeley Stampede, and we welcome customers and visitors during those hours. The Office will be closed July 351 and July 4th for the Independence Day Holiday. We will resume normal business hours of 8:00 am -5:00 pm on July 5th. COLORADO STATE UNIVERSITY EXTENSION Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Colorado State University Extension is an equal opportunity provider. I Colorado State University does not discriminate on the basis of disability and is committed to providing reasonable accommodations. I CSU's Office of Engagement and Extension ensures meaningful access and equal opportunities to participate to individuals whose first language is not English. 2 Colorado State University Extension es un proveedor que ofrece igualdad de oportunidades. I Colorado State University no discrimina por motivos de discapacidad y se compromete a proporcionar adaptaciones razonables. I Office of Engagement and Extension de CSU garantiza acceso significativo e igualdad de oportunidades para participar alas personas quienes su primer idioma no es el ingles. Col.st/110t3 From: FLEXX Productions (MORGAN Johnson) <morgan@flexxproductions.com> Sent: Tuesday, June 27, 2023 2:42 PM To: Cheryl Aragon <caragon@weld.gov> Subject: SIGNATURE REQUEST Weld County Fair #24816 -From FLEXX Productions Weld County: Thank you for choosing FLEXX Productions as your premier event rental company. Your Esignature link is below for you to review and sign. Please make sure to check the details indicated on your reservation. Technicians will arrive on Thu 7/20/2023 08am - 5pm to 915 10th St; Greeley, CO 80631 with your reserved equipment. Pick -Up will be on Tue 8/1/2023 08am - 5pm. Once you verify and approve all items, please sign the reservation via the link below (this link will expire after 5 days): Click Here to eSign (Be patient 5-10 seconds while link loads) If at any time you are experiencing a true event emergency (i.e. difficulty operating an item, experiencing faulty and/or damaged equipment) outside of standard office hours, please call our emergency line to speak with a technician at 970- 631-8170. You must leave a name and phone number to receive a call back. Thank you again for choosing FLEXX Productions; we are delighted to help make your event a reality! Sincerely, MORGAN Johnson IMPORTANT REMINDERS FOR YOUR DELIVERY/PICK-UP RESERVATION: - A $300 minimum in rental equipment is required on any order to qualify for delivery. This minimum is subject to increase based on distance to site. - A 3 hour window for our team to arrive is required for any scheduled delivery or pick-up. Requests for a narrower time window, specific arrival time, or weekend delivery/pick-up will incur further cost. Any time requests outside of our standard delivery hours are subject to an additional off hours fee. - Equipment must be stacked as it was delivered to avoid breakdown fees unless you have already arranged these premier services with our team. - Delivery location must be within 50' of truck access, additional labor could apply if your event location needs specialty/distance access and prior arrangements have not been made to your delivery or pickup. - NOTICE: A 3% admin processing fee will be added on all payments made by credit card. If you would prefer to pay via check or ACH to avoid the 3% admin charge, please contact your FLEXX Event Specialist (FLEXX will not accept wire transfers). Credit card payments ran through FLEXX Productions will show as Steadfast Events on account statements. Have further questions? Check out our website here: https://www.flexxproductions.com/how-it-works/ Events canceled and/or rescheduled for any reason are subject to Flexx Productions' written cancellation policy. 3 CONFIDENTIALITY: This proposal is provided to the client in agreement to be kept confidential. Any information included in this proposal is to remain private between the client and FLEXX Productions LLC. By your review of this document you are in agreement to maintain confidentiality of all services and fees proposed for your event. Click Here to eSign 4 Page 1 013 FLEXX TPAENTS.REN?AL�NENT, productions RTY 1833 E. Harnlooy #19 Fort Collins. CO 80528 Office: 9 1i0.223.11S:; Fax: 570.226.0528 www.FLEXXproductions.com t Customer#: 3322 j Weld County Phone 970-356-4000 915 10th St Job Descr: Weld County Fair Greeley, CO 80631 Operating Delivery/Pick-up Hours: 7:30am-6:00pm (M -SUN) Operating Will -Call Hours: 9:00am-3:30pm (M -F) Status: Quote Quote #: q14526 Event Beg: Sat 7/22/2023 8:00AM Event End: Mon 7/31/2023 3:30PM Operator: MORGAN Johnson Ordered By: Jenette Masarie 970 590-2099 Sales Rep: MORGAN Johnson 970-223-1195 MORGAN@FLEXXproductions corn Delivery Fri 7/21/2023 9:00AM Pickup Tue 8/ 1/2023 8:00AM - 5:00PM Jenette Masarie 970-590-2099 Island Grove -Events Center 915 10th St Greeley, CO 80631 MJ - [SEE TECH NOTES] del 7/21 START AT 9AM DONE BY 12PM pu 8/1 8am-5pm DONE BY EOD Jenette Masarie 970-590-2099 Island Grove -Events Center 915 10th St Greeley, CO 80631 [TECHNICIAN NOTES] - Some P&D will be set/other areas are a Drop (NEED MAPS ON FILE) - Set Order: 1) Open Class Exhibit/Quilt Hall (Set by 12 00pm) 2) Drop Additional Parts for this area 3) Vendor Hall (Set by 5:00pm) 4) Drop 4H/Bunkhouse Parts- Client sets uo themselves [CLIENT/PAYMENT NOTES] - pays by invoice, require 50% non-refundable deposit - need a-sig on file - pays by invoice for FINAL - 45% coupon extended to parts dropped/client setting themselves sty items Rented Each Price OPEN CLASS EXHIBIT FLEXX SET SEE MAP 50 [Pipe & Drape 3' (PerFT)] $5.50 $275.00 DRAPE COLOR: WHITE 100 [Pipe & Drape 8' (PerFT)] $6.50 $650.00 DRAPE COLOR: BLACK QUILT HALL DISPLAY FLEXX SET SEE MAP 160 [Pipe & Drape 8' (PerFT)] $6.50 $1,040.00 DRAPE COLOR: BLACK OPEN CLASS EXH./HALL FLEXX DROP -CLIENT SETS 470 [Pipe & Drape 3' (PerFT)] $3.025 $1,421.75 Discount /Disc% $1,163.25/45.00% DRAPE COLOR: WHITE 40 [Pipe & Drape 8' (PerFT)] $3.575 $143.00 Discount / Disc% $117.00 /45.00% DRAPE COLOR: BLACK VENDOR HALL FLEXX SET SEE MAP 8 [Pipe & Drape Booth 10x10] $51.5O $412.00 SETTING- DRAPE COLOR: BLACK- (17) 10' WIDE x 8' DEEP 1 [Pipe & Drape Booth 10x20] $64.00 $64.00 DRAPE COLOR: BLACK -8'x20' Booth Printed On Mon 2/2712023 9:59:29AM Software by Point -of -Rental Software www.point-of-rental.com Modification #2 contract-params.SOLrpt (1) Quote #: q14526 Weld County Page 2 of 3 Qty Items Rented Each Price 20 [Pipe & Drape 8' (PerFT)] $6.50 $130.00 DRAPE COLOR: BLACK Behind tables 4H BUILDING FLEXX DROP -CLIENT SETS 1200 [Pipe & Drape 3' (PerFT)] $3.025 93,630.00 Discount / Disc%: $2,970.00 t 45.00% DRAPE COLOR: WHITE BUNKHOUSE FLEXX DROP -CLIENT SETS 110 [Pipe & Drape 8' (PerFT)] $3.575° $393.25 Discount / Disc% $321.75 / 45.00% DRAPE COLOR: WHITE EXTRA PARTS LEAVE ON SITE AS EXTRA SALE/DELIVERY 2 Delivery/Pickup Greeley $250.00 $500.00 2 Vehicles Cost per vehicle (subject to fluctuate with addition or removal of product) 1 Retail Delivery Fee (State of Co) $0.27 $0.27 1 Delivery/Pickup-Specific Time $200.00 $200.00 Friday 9:00am delivery -This is an estimate only - Product quantity and pricing is subject to availability at the time of converting this into a reservation. Please contact your sales representative if you would like to officially reserve any items. Rental: $8,159.00 Damage Waiver: $815.90 Sales: $0.27 Delivery Charge: $700.00 Subtotal: $9,675.17 Total: $9,675.17 Paid: $0.00 Amount Due: $9,675.17 Printed On Mon 2/27/2023 9:59:29AM Software by Point -of -Rental Software www.poinl-of-rental.com Modification #2 contract-params.SOL.rpt (1) Printed On Mon 2/27/2023 9:59:29AM Software by Point -of -Rental Software www.point-of-rental.com Modification #2 contract-params.SQL.rpt (1) RENTAL CONTRACT FOR PIPE AND DRAPE BACKDROPS FOR 4-H AND BETTER LIVING SHOW EXHIBITS AT 2023 WELD COUNTY FAIR APPROVED AS TO SUBSTANCE: lected Official, Department Head, or Deputy Department Head APPROVED AS TO FUNDING: Chief Financial Officer, or Controller APPROVED AS TO FORM: il144'we County Attorney ,10,10 Completed Document Page 1 of 3 1833 L Finntio #19 FLEXXx:11 is J�llfl`.7 N 80578 (lice 111.22 3.111 lax, =10 22E 0528 Erac7 E,E�,�l productions,,��r,��1%'�l,rui,rl;li,,,,tl�r,€;! Customer #: 3322 Weld County Phone 970-356.4000 915 10th St Job Descr: Weld County Fair Greeley, CO 80631 Operating Delivery/Pick-up Hours: 7:30am-6:00pm (M -SUN) Operating Will -Call Hours: 9:00am-3:30pm (M -F) Status: Reservation Contract 8: 24816 Event Beg: Sat 7/22/2023 8:00AM Event End: Mon 7/31/2023 3:30PM Operator: MORGAN Johnson Ordered By: Cheryl Aragon 970 400-2085 Sales Rep: MORGAN Johnson 970-223-1195 MORGAN@FLEXXproductions.com Delivery Thu 7/20/2023 8:00AM - 5:00PM Pickup Tue 8/1/2023 8:00AM - 5:00PM Cheryl Aragon 970-400-2085 Island Grove -Events Center 915 10th St Greeley, CO 80631 MJ - [SEE TECH NOTES] del 7/20 8:00am-5:00pm, DONE BY EOD pu 8/1 - 8/2 8am-5pm DONE BY 12PM NOON 8/2 Cheryl Aragon 970-400-2085 Island Grove -Events Center 915 10th St Greeley, CO 80631 [TECHNICIAN NOTES] - Some P&D will be set/other areas are a Drop (NEED MAPS ON FILE) - Set Order: 1) Open Class Exhibit/Quilt Hall (Set by 12:00pm) 2) Drop Additional Parts for this area 3) Vendor Hall (Set by 5:00pm) 4) Drop 4H/Bunkhouse Parts- Client sets up themselves [CLIENT/PAYMENT NOTES] - pays by invoice, require 50% non-refundable deposit - sent e -signature request 6/27 - pays by invoice for FINAL - 45% coupon extended to parts dropped/client setting themselves Qty Items Rented Each Price OPEN CLASS EXHIBIT FLEXX SET SEE MAP 50 [Pipe & Drape 3' (PerFT)] DRAPE COLOR: WHITE $5.50 $275.00 100 [Pipe & Drape 8' (PerFT)] DRAPE COLOR: BLACK $6.50 $650.00 QUILT HALL DISPLAY FLEXX SET SEE MAP 160 [Pipe & Drape 8' (PerFT)] DRAPE COLOR: BLACK $6.50 $1,040.00 OPEN CLASS EXH./HALL FLEXX DROP -CLIENT SETS 470 [Pipe & Drape 3' (PerFT)] $3.025 $1,421.75 Discount / Disc% $1,163.25 / 45.00% DRAPE COLOR: WHITE 40 [Pipe & Drape 8' (PerFT)] $3.575 $143.00 Discount / Disc% $117.00 / 45.00% DRAPE COLOR: BLACK VENDOR HALL FLEXX SET SEE MAP 8 [Pipe & Drape Booth 10010] SETTING- DRAPE COLOR: BLACK - (17)10' WIDE x 8' DEEP $51.50 $412.00 1 [Pipe & Drape Booth 10020] DRAPE COLOR: BLACK -8'x20' Booth $64.00 $64.00 Printed On T. 6/2712023 2:42:15PM Software by Point -of -Rental Software www.point-okental.com Modification #3 con.ct-params.SOL.rpt (1) Contract #: 24816 Weld County Page 2 of 3 Qty Items Rented Each Price 20 1200 110 2 1 [Pipe & Drape 8' (PerFT)] DRAPE COLOR: BLACK Behind tables $6.50 $3.025 Discount / Disc% $3.575 Discount / Disc% $250.00 $0.27 $130.00 $3,630.00 $2,970.00145.00% $393.25 $321.75 / 45.00% $500.00 $0.27 4H BUILDING FLEXX DROP -CLIENT SETS [Pipe & Drape 3' (PerFT)] DRAPE COLOR: WHITE BUNKHOUSE FLEXX DROP -CLIENT SETS [Pipe & Drape 8' (PerFT)] DRAPE COLOR: WHITE EXTRA PARTS LEAVE ON SITE AS EXTRA SALE/DELIVERY Delivery/Pickup Greeley 2 Vehicles Cost per vehicle (subject to fluctuate with addition or removal of product) Retail Delivery Fee (State of Co) Thank you for your business! Sales: $0.27 Subtotal: $9,475.17 Delivery Charge: $500.00 Total: $9,475.17 Paid: Amount Due: $9,475.17 $0.00 I agree that my electronic signature, as represented here, is legally binding. I hereby represent, warrant, acknowledge, agree and attest that all contracts and documents submitted using my electronic signature have been signed by me, the Customer/Lessee/Guarantor (or the Customers/Lessee's/Guarantor's duly authorized representative) identified in this Contract. I understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature. I certify that my electronic signature is for my own use, that I will keep it confidential, and that I have not assigned, licensed, delegated or shared it for use by any other party(ies). I agree to the electronic storage of this record and understand that viewing it requires a computer with access to the Internet and a modern web browser. I understand that if I withdraw my consent to the electronic storage of this record and wish to obtain a paper copy, I must request one in person and may be charged a fee. By entering my electronic signature using the provided interface, I declare that l: 1. have read and understand this Contract (including as applicable, the Lessor's form(s) of Damage Waiver, Temporary Structures, Tables and Chairs, and Delivery and Acceptance Addenda and/or Certificate(s) each of which is incorporated herein as if fully set forth); 2. am. or I ant authorized to sign this Contract (including such Addenda and Certificates) on behalf of, the Customer/LesseeJGuarantor identified in the Contract; 3. agree to be bound by the terms act conditions of the Contract and such Addenda and Certificates: 4. PERSONALLY GUARANTEE the full and prompt payment and performance of all obligations of the CustomeriLessee arising hereunder and/or thereunder; and 5. understand that Point of Rental provides this e -signature service as a convenience and is not a party to the Contract. Printed ©n T. 612712023 2:42,15PM Software by Point -of -Rental Software www.point-of•rentaLeom Modification #3 contract-params.SOL.rpt (1) Contract #: 24816 Weld County Page 3 of 3 For good and valuable consideration, you and Steadfast Event Solutions, LLC, dtb/a "FLEXX Productions' (also referred <o In this Contract as "FP," "Lessor,' 'we,' "us" and 'our") agree as follows: 1. M used herein. "P.1" means your Reservation, Contract. Order or other similar writing included herewith, identifying the item(s) being rented to you hereunder; "Contract' means P.1 together with the. Terms and Conditions: "Rented Item(s)" or `Item(s)' means the item(s) rented to you, as identified on P.1 (including any "Instructions' provided per Section [or "§'j 4 of this Contact); 'Site" means the location where the Items) is/are to be delivered andtor used (if applicable), as set forth on P.1; and "Customer," and'Lessee," "you' and 'your mean the customer, renter or lessee identified on P.1. 2. You agree to rent the Rented hems) from FP for the period(s) specified on P.1 (the 'Term'), and to pay FP the rental rate(s) set forth on P.1- (the 'Rent'), together with any other charges accruing hereunder. without proration, reduction or setoff, for the entire scheduled Term and unfit the Rented Item(s) islare returned to and accepted by FP. Rental rates are for normal use of the Rented Item(s) on a per -event basis. The Rent wit be increased for any additional time or use. You will not be entitled to any cancellation right or reduction of Rent or other amounts coming due hereunder for time in transit. Act(s) of God. event(s) of force majeure or any other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the 'Estimated Rent"). You agree to pay FP: (a)(i) any Deposit specified on P.1 (or if none, 35% of the Estimated Rent) upon reservation: and (ii) at least 10 days before the Term commences, 100% of the remaining Estimated Rent (together with the Deposit, the 'Prepayment.): and (b) all other amounts coming due hereunder upon demand by FP. You agree that: (a) FP may deduct any amount yeti owe us from any Prepayment; (b) no interest vrtll accrue on any Prepayment, and (0) no Prepayment will be deemed a limit of your liability under or in connection with this Contract. If your event is cancelled more than 30 days prior to your originally scheduled delivery date, FP may, but sw71 not be obligated to, permit rescheduling of your Rental or refund a portion of your Prepayment. Prepayments are otherwise nonrefundable. Anything with, in or on any Rented Item(s) upon return will, at our option, be deemed surrendered and abandoned. 3. You will ensure the Site is clean, safe, secure and fit for delivery and use of the Rented Item(s). If we agree to provide any services (including delivery, setup, installation andtor retrieval) of any Item(s), you agree to: (a) pay our regular charge(s) for the same, and for all waiting time: (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site at all times. We will not be responsible for mishaps or deiay(s) caused by you, your agents or employees or any other parties, including providers of other goods or services CO. Providers") for which you agree to indemnify, defend and hold harmless FLEXX Productions. If you are not present upon our delivery, setup. instal.. or retrieval of any Item(s), you agree to accept the statements of our representatives regarding the same (including the status, condition. quality and quantities of the Item(s) and the Site). 4. Upon the earlier of your receipt, a the delivery to the Site, of the Rented Item(s) unless you thereupon reject itlthem, you represent, warrant, acknowledge and agree that (a) each Item: (i) is comptete and in good order, condition and repair; (6) is appropriate for your purposes and in all ways acceptable to you: and (iii) was selected (not has. on any recommendation by us), carefully examined counted and tested by you or your agent(s). and (b) you. (i) have received, reviewed and understand all laws, rules, regulations. training, instructions, user manuals, maintenance requirements, and other information, if any, inducting all applicable EPA, OSHA, ASME, IBC, IFC, IEEE. ASSP, ANSI and other applicable standards (collectively, 'Instructions"); (4) will fully comply therewith, (iii) will use each Item only for its Intended purpose, in a reasonable and safe manner; (iv) will timely give all applicable notice(s) to. and obtain all applicable licenses, authorizations, permits and approvals from, all affected parties, including governmental authorities, utilities, cable companies and Me owners) of the Site, and ensure that all underground lines, cables and conduits are clearly and property marked before using any Item(s) to disturb the ground surface. For this purpose, contact 811 and go to www.Coiorado811.org, at least 3 business days in advance: (v) will immediately cease using any Item that is damaged, breaks down, or proves defective (a "Malfunction"); (vil will promptly notify the police if arty Items) istare stolen or involved in any accident; and (viii) will ensure that all others comply with this Contract. You wit notify us immediately if any of the foregoing shall prove incorrect Of misleading at any time. 5. In the event of a Malfunction as dehned in § 4, you agree to immediately notify and return the Malfunctioning Item to, FP, and provided such Malfunction did not result from or in connection with any wrongful or negligent act(s) or omissions) of, or any breach of this Contract by, you or anyone you permit to use, occupy or otherwise deal with any Rented l.rn(s) (including your guests and invitees), we may, at our option: (a) repair the Malfunctioning Item; (b) provide you with a comparable item; or (c) solely with respect to the Malfunctioning Item, return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. We will have no other abligation(s) regarding Malfunctions, all of which you waive (including without limitation, all direct, indirect. Incidental and consequential damages). 6. Except with respect to Items we rent from one or more third parties (each, a 'OPO') and then re -rent to you ('Re -Rented Item(s)"), FLEXX Productions owns and will retain title to all Rented Items at all times. You will have exclusive control over the Rented Item(s) during the Term; subiect however to your obligation to fully and timely comply with this Contract at all times. You SHALL NOT: (a) perm. the taking or existence of any lien, claim, security interest or encumbrance on any such Item: (b) have any title or ownership interest in or with respect to any Rented Item(s); or (c) loan, transfer, sublease, repair, store, surrender or assign any Rented Item or this Contract without our prior written consent. We may substitute. sell andtor assign any Rented Item(s) andtor all or any part of our interests therein and/or in this Contract at any time, in whirr event, you will thorn to the assignee, who will not be responsible for any preexisting obligations or liabilities of FP. 7. SAFETY WARNINGS: THE RENTED ITEM(S) CAN BE DANGEROUS, AND MAY MOVE, SHIFT, TIP, SINK, OVERTURN, LEAK, OR COLLAPSE, PARTICULARLY DURING SEVERE WEATHER AND/OR ON STEEP TERRAIN. YOU AGREE TO: (A) EXERCISE, AND TO CAUSE ALL OTHERS TO EXERCISE, EXTREME CARE WHEN DEALING WITH SUCH ITEM(S); (5) PROVIDE ALL APPLICABLE FAMILIARIZATION, TRAINING, INSTRUCTIONS AND WARNINGS TO ALL USERS, OPERATORS AND OCCUPANTS OF THE RENTED ITEM(S); (C) ensure that each Rented Item is used reasonably, safely and or : (I) for its irhtended purpose(s); (il) within its rated capacity: (Si) at the Site: (iv) by properly trairred, qualified, certified, FAMILIARIZED audios kcensed (as applicable) ADULTS; and (v) otherwise in full compliance with this Contract and all applicable laws, rules and regulations, at ail times. 8. SAFETY PRECAUTIONS: boot will not, nor mil you permit anyone else to abuse, misuse, overuse, conceal, place in storage with any third parry, repair, modify or damage any Rented Item. YOU ALSO AGREE TO. (A) ENSURE THAT ALL CHILDREN IN, ON, OR NEAR ANY RENTED ITEMS) ARE SUPERVISED BY A COMPETENT ADULT AT LEAST 21 YEARS OF AGE AT ALL TIMES; (B) POST AN OSHA-COMPUANT EVACUATION PLAN ON OR NEAR EACH TEMPORARY STRUCTURE INCLUDED IN THE RENTED ITEM (S); and (C) EVACUATE, AND permit FP to delay delivery, installation AND/OR USE of, or dismantle andtor retrieve ANY or a8 rented item(s) (without obligating us to do so) if any hazard (including without limitation, severe weather) occurs or threatens. g. You agree to maintain all insurance FP may require, including at least (a) public and host liquor liability Insurance with minimum limits of $1,000.000 per occurrence; (5) property damagefmland marine insurance covering all Rented Items for the fu8 (new) replacement cost thereof; and (c) workers' compensation and employer's liability Insurance. All such policies shall, to the maximum extent possible: (i) name FP as an additional insured and loss payee; (ii) waive subrogation against FP: (iii) be primary and non-contributory; (iv) include a severability of interests clause and such other provisions as we may require. You irrevocably appoint Steadfast Event Solutions, LLC as your agent and attorneyin-fact for purposes of submitNrg, negotiating and setting claims and payments on all such policies. 10. no warranties: FP IS NOT THE MANUFACTURER OR DESIGNER OF ANY of the ITEM(S) referenced IN THIS CONTRACT, ALL OF WHICH ARE PROVIDED "AS IS". NEITHER FP NOR ANY TPO, MAKES ANY WARRANTY(ies), EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY(IES) OF MERCHANTABILITY, SUITABIUTY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND/OR CONTAMINATION AND/OR GOOD AND WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY(ies) arising FROM OR IN CONNECTION WITH any COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) referenced HEREIN, NOR DOES FLEXX PRODUCTIONS OR ANY TPO MAKE ANY WARRANTY(IES) AGAINST INTERFERENCE OR INFRINGEMENT. ALL OF WHICH YOU WAIVE. NO DESCRIPTIONS. SPECIFICATIONS. DEPICTIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY fn INC OR ANY TPO. THERE ARE NO WARRANTS THAT EXTEND BEYOND THE FACE OF THIS CONTRACT. 11. INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: Al(ASSUME ALL RISKS, INCLUDING WITHOUT LIMITATION, RISK(S) OF PERSONAL and bodily INJURY, ILLNESS, LOSS, PROPERTY DAMAGE AND CONTAMINATION OF, TO, AND/or ARISING IN CONNECTION WITH, the ITEM(S) AND SERViCE(S) REFERENCED IN THIS CONTRACT, AS WELL AS ALL LIABILITIES, CLAIMS, DAMAGES, losses, costs and expenses (including attorneys' fees) ARISING from and/or N CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DELIVERY, SETUP, INSTALLATION, REINSTALLATION, MALFUNCTION, COLLAPSE, STORAGE, CONTAMINATION, CLEANING, SERVICING, MAINTENANCE, REPAIR, AND /OR RETRIEVAL thereof, WHETHER OR NOT YOUR FAULT (collectively, '1is1s°); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Steadfast Event Solutions, LLC, EACH TPO, and their respective owners,, shareholders, members, managers, officers, directors, partners, agents, affiliates, employees, insurers, subrogees, represenla[ives, successors and assigns (each, an 'Indemrilee"), for, from and against all such RISKS, as well as all other liabilities, claims, damages, losses, costs and expenses (Including without kmAabon, attorneys' fees) arising from and/or in connection with the Rented Item(s), this Contract and/or any breach hereof by you, your agents, employees, contractors, guests, invitees, sublessees. successors and/or assigns, and except only as provided in § 5, (C) WAIVE all rights and remedies available under the Undone Commercial Co., as well as ad direct indirect incidental, consequential, general, special, exemplary and punitive damages, a.nsl each and every Indemnitee. 12. You AOIW to protect, properly maintain and care for each Rented Item at all times, keep it safety and securely stored and locked when not in use, and return it to Flexx Productions on lime at the end of the Term, comp.., dean, free of contamination, bums, cuts, stains, discoloration and debris, arid in good condition, properly serviced and maintained, and if applicable, full of the appropriate fuel, fluids and lubricants. If you fail U do so, then in addition to your outer obligations arising under this Contract, you will pay us: (a) Rent for each succeeding full rental period until all Rented Item(s) have been returned or replaced as required; and (b) all costs and expenses we incur in connection with such failure (including without limitation, Al costs of clearing, repairs, maintenance and/or replacement(s) of/to the Rented Item(s)). Certain Items may be delivered on pallets, or in crates, cartons or boxes, and may be stacked, bagged, racked, folded, Slled and/or strapped (Tacked). Upon return, you will ensure that all Rented Items are properly Packed. YOU AGREE NOT TO PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY. IMPROPER PACKING MAY RESULT IN MOLD, MILDEW OR OTHER DAMAGE, FOR WHICH YOU WILL BE GABLE. 13. If and only ;r, we have offered, and you have elected to purchase our Optional LIMITED Damage Waiver ("LOW") and .:.ur the non-refundable LDW Fee set forth on P.1 before the Term commences. then sole�'y t+/th respect to Item(s) covered by LDW ("Covered Items"), your liability for the cost to repair or replace such Covered Items will be limited as set Earth in our Damage Waiver Guide and Addendum, Me terms of which you hereby acknowledge and agree to. You may dec.i. LDW if you provide the properly damage / Lipid marine insurance referenced in § 9. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY. 14. We may, without fu rthet notice or liability to you, inspect ardor montor (in person or electronically, incltxiing via GPS and/or teltrnatics) any Item(s) at any time, and all information obtained will be our property- You consent to suds inspection(s) and monitoring and waive all claims with respect thereto. You hereby grant to FP a perpetual, royalty free, worldwide. right and license to create, edit, display, and distribute one or more images of your events) that include one or more Rented ltem(s). If any performance required of us is delayed or impaired as a result of any act or omission of/by you, any Other Provider(s) or any "Act o/ God." event of force majeure, or any other event, fact o< circumstance beyond our reasonable control, we will be excused from such performance. You waive the benefits of all stabiles of limitations regarding our rights and remedies. Ai amounts due hereunder but not timely paid will beer interest at the lesser of (a) 18% per annum, or (b) the highest rAD permitted under applicable taw until paid. You authorize us to submit all amounts due and corning due hereunder to any debit or credit card(s) you provide- You agree to pay us the maximum lawful dlarge for any check you write which is retuned unpaid. Our maximum liability in connection with this Contract is limited to the Rent we actually receive from you hereunder for the Items) identified on P.1. You will pay all sales, use and other taxes, as well as all tolls, fines, fees, assessments, and other charges related to the Rented Items) and/or this ConlracL If any legal action is commenced in connection herewith, we will be enIlled to recover from you our associated attorneys' fees, costs and expenses if we prevail. Neither our exercise, nor ow facture of delay in the exercise, of any rights or remedies available under or in connection with this Contract MI constitute an election or waiver of any of our rights or remedies, ad of which are cumulative. 15. Your Rental shall be deemed a .net" rental. Accordingly, you obligation to pay all Rent and other sums coming due under this Contract when due and to aherwise perform as required hereunder shall be absolute and Lncortditional and shall not be subject to any present or future abatement, reduction, set-off, compensation, defense, counterclaim, caoss•claim, interruption, deferment or recoupment, for any reason. If you or any guarantor shall: (a) fail to fully and timely honor, pay, perform or comply with this Contract, any other agreement(s) rOther Contract(s)") between you and FP, and/or any of your obligations arising (t)Itereunder or in connection (t)herewith; (b) provide any Incorrect or misleading information to us; (c) become insolvent or bankrupt or (d) die or cease conducting business; if FP shall deem Itself insecure; or if any Rented Items) shalt be lost or, unless covered by LOW per § 13, damaged, you will be in default under this Contract and such Other Contract(s), whereupon, we may with or without legal process or notice (and without liability U you), U the maximum extent permitted under applicable law: (i) cancel the Term and/or the subject Contract(s) (and/or your rights to use and possess the Rented Item(s)); (ii) seek relief from stay. (ii) recover, empty, lock, restrict, shut down, disassemble and/or dsattle such Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage (for 'Mnich you agree to indemnify, defend and hold harmless each Indemnitee); (iv) perform your obligations (t)hereunder on your behalf, witlrout being obligated to do so; (v) purchase replacement Item(s), (vi) recover horn you and/or any guarantor our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the entire scheduled Term, overtime, loss of use, interest, attorneys' fees, retrieval/repossessen costs, and collection costs); and/or (vii) pursue any one or more other rights and,br remedies evadable (t)hereunder. at Al and/or in equity, all of which are cumulative. 16. This Contract, and any °Addenda' we provide, (including as applicable, our Delivery and Acceptance Certificate, Evacuation Plan and/or Damage Waiver Guide and Addendum) each of which is incorporated herein, constitute(s) the entire agreement between you and FP. superseding all other agreements and represenUtions- The terms of this Contract are severable. If any provision hereof shall be deemed invalid or unenforceable by any coon of competent jurisdiction, such provision will he deleted, and the remainder of this Contract will remain valid and enforceable. This Contract cannot otherwise be modified without our written consent. Time is of the essence. These Terms and Conditiorns apply to ail Items) identified on P.1, and to all other items you obtain from us at any time (unless we otherwise agree in writing). This Contract shall bind and be enforceable by and against you, FP, the other Indemgnitees and IllMr respective permitted successors and assigns (there being no other third -parry beneficiaries hereto). This Contract shall be interpreted and enforced under the laws of Colorado. At the option of FP, disputes) with respect U this Contract and/or its subject matter shad be submitted to binding arbitration before a single arbitrator selected by FP at the offices of the American Arbitration Association located in A nearest to Fort Collins, CO. Proper venue for all other evil legal actions commenced in connection herewith shall lie solely in the federal, state and local courts located in or nearest to Lorimer County, CO (unless waived by FP). You consent and submit thereto and waive all claims that such venue lies Cl an inconvenient forum. EACH PARTY HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY. Digital, electronic, photocopied and facsimiled signatures and initials hereon will be deemed originals. 17. WARNING: Obtaining, retaining or exercising control over anything of value of another without authorization or by means of threat or deception. A without the consent of the owner. or knowingly failing to velum said property to the owner or provider within 72 hours after the agreed upon time of return may be deemed theft, subjecting the violator to CRIMINAL PROSECUTION AND/OR CIVIL PENALTIES. See C.R.S. §18-4401, et sag. for details. Printed On Tie 6/27/2023 2:42.15PM Software by Point-of•Rental Software www.point-of-rental.com Modification #3 contract-parents.SOLrpt (1) Official Signature Page Agreement to Terms I agree that my electronic signature, as represented here, is legally binding. I hereby represent and attest that all contracts, addenda and documents submitted using my electronic signature have been signed by me, the Customer/Lessee/Guarantor (or his/her/its duly authorized representative) identified in this Contract. I understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature. I certify that my electronic signature is for my own use, that I will keep it confidential, and that I have not assigned, licensed, delegated or shared it for use by any other party(ies). I agree to the electronic storage of this record and understand that viewing it requires a computer with access to the internet and a modern web browser. I understand that if I withdraw my consent to the electronic storage of this record and wish to obtain a paper copy, I must request one in person and may be charged a fee. By entering my electronic signature using the provided interface, I declare that I: 1. have read and understand this Contract; 2. am, or I am authorized to sign this Contract on behalf of, the Customer/Lessee/Guarantor identified in the Contract; 3. agree to be bound by the terms and conditions of the Contract; and 4. understand that Point of Rental provides this e -signature service as a convenience and is not a party to the Contract. Signature Weld County Identified By caragon@weld.gov From 204.133.39.9 On 07/05/2023 10:10 AM Hello