ENTERTAINMENT CONTRACT

KIDDING WITH KIDS MANAGEMENT LLC D/B/A NUNU PLAYHOUSE ENTERTAINMENT CONTRACT RIDER

The terms and provisions of this KIDDING WITH KIDS MANAGEMENT LLC D/B/A NUNU PLAYHOUSE Entertainment Contract Rider (“the Rider”) are incorporated by reference into the attached, dated (“the Contract”), between (“Purchaser”) and KIDDING WITH KIDS MANAGEMENT LLC D/B/A NUNU PLAYHOUSE (“Entertainment”). 

1. The parties to this Rider and the Contract intend the relationship between them to be one of a business and customer. The customer is the Purchaser per this contract. No employee, agent, servant, representative, or contractor of the entertainment shall be, or shall be deemed to be, an employee, agent, servant, representative or contractor of Purchaser. The manner means and methods of providing the services contemplated in the Contract and the Rider are to be under the sole direction and control of the Entertainer.

2. None of the benefits provided by an employer to its employees, including but not limited to any wages or compensation, workers’ compensation insurance or unemployment insurance shall be available from or through Entertainer to Purchaser.

3. Purchaser represents and warrants that it has in place and will maintain in effect throughout the contract term insurance in an amount sufficient to cover Purchaser’s guests and its employees, agents, servants, contractors and representatives.

4. Any dispute between Entertainment and Purchaser concerning the validity, construction and/or effect of the Contract and/or this Rider shall be resolved by arbitration within the State of New York and borough of Kings County. Purchaser hereby submits to arbitration within the State of New York, Kings County, and knowingly and voluntarily waives the right to later challenge the same in any forum.

5. The parties agree that any claims will be adjudicated on an individual basis, and each waive the right to participate in a class, collective, or other joint or representative action of any kind. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitration or proceedings. Further, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

6. If an Act of God, nature, war, riots, epidemics, strikes, an act (or order) of public authority, on-sight mechanical difficulties (e.g., a power failure) should render the contract impossible seven (7) business days prior to Entertainment, Purchaser is not responsible for the balance of the contract.

7. If Entertainment is canceled by Purchaser without any acts of Entertainment, Purchaser is responsible for the balance of the contract.

8. If any actions by Purchaser or Purchaser’s employees, agents, servants, or representatives are in conflict with any policies, rules or regulations of Entertainments’ safety while Entertainment is on Purchaser’s property, and Purchaser or its employees, agents, servants, or representatives fail or refuse to correct the same upon verbal notification by Entertainer then Entertainer shall have the right to immediately terminate the performance with no refunds.

9. The Contract and this Rider represent the entire agreement between the parties. Any additions, deletions, or revisions to the Contract and/or this Rider must be in writing and initialed by both parties in order to be valid. Any damage to Entertainment property (equipment) or any rented equipment which results from the acts or omissions of Purchaser and/or its employees, agents, servants, representatives or contractors shall be the responsibility of Purchaser and payment for any such damage shall be made by Purchaser within thirty (30) days of written notification of the damage by Entertainment.

10. Entertainment is responsible only for their own conduct. Purchaser will indemnify and hold harmless Entertainment for any and all claims made by third parties, including, but not limited to claims for property damage or personal injury that results from or are related to the event, and for any liability of Entertainment of any kind that exceeds the limitation of liability provision set forth herein.

11. In the event of any conflict, inconsistency or incongruity between the terms of the Contract and this Rider, the terms and provisions of the Contract shall in all respects govern and control.

12. In signing the Contract and this Rider, the undersigned parties hereby represent and warrant that they are duly authorized representatives of the person or entity for which they sign and legally entitled to enter binding contracts on its behalf; that they have read this entire document; that they understand the terms and provisions of this document; that they know this document will affect their legal rights and/or those of the person or entity they represent; and that they have signed this document knowingly and voluntarily.

13. At no time may any owner, employee, agent, servant, representative, or contractor of the Entertainment be personally liable and/or sued personally.

14. In no event shall any liability of Entertainment to Purchaser, or its guests, employees, agents, servants, contractors and representatives, or any other third party, for any damages, exceed the fees paid by Purchaser pursuant to the Contract and this Rider. This provision is meant to provide a limitation of liability for the Entertainment.

15. RIGHT TO NAME AND PHOTOGRAPH: The Purchaser is required obtain prior permission from Entertainment the right to use the Entertainment’s name, photograph, social media and likeness in, and in connection with, all forms of advertising, information programs, promotional material and any and all other materials, including audio and/or video recordings, to promote Entertainment’s company or activity or in any instructional or information materials derived directly from and credited to the program or activity.