BOOTH VENDOR
PARADE PARTICIPATING ORGANIZATION
PARTICIPATING PERFORMERS ORGANIZATIONS
or
ANY ORGANIZATION(S) and/or INDIVIDUAL(S)
The Booth Vendor, Parade Participating Organization, Participating Performer Organization and or any organization(s), and or individual(s) participating in the Night In Chinatown Festival and Parade, hereinafter referred as the “Participating Organization” is named herein and agrees to defend, protect, indemnify, and hold harmless D.B. Productions, Inc. dba: Night In Chinatown, including its directors, officers, representatives, agents, employees, and volunteers, from any and all claims which are alleged to arise, either in whole or in part, out of any alleged negligence or fault of D.B. Productions, Inc. dba: Night In Chinatown.
During the life of the contract, term and or its participation and for such additional time as may be required, the Participating Organization will provide, pay for, and maintain in full force and effect the insurance outlined here for coverages at not less than the prescribed minimum limits of liability, covering the Participating Organization’s activities, those of any and all sub contractors/consultants, or anyone directly or indirectly employed, contracted, volunteer, used for hire or for free (no payment) by any of them, or by anyone for whose acts any of them may be liable.
The Participating Organization will give D.B. Productions, Inc. and or the Night In Chinatown a certificate of insurance completed by a duly authorized representative of their insurer certifying that: (1) at least the minimum coverages required herein are in effect; (2) specifying that said liability coverages are written on an occurrence form; and (3) that the coverages will not be canceled, non-renewed, or materially changed by endorsement without 30 days advance written notice to:
D.B. Productions, Inc.
dba: Night In Chinatown
975 Kapiolani Blvd., 2nd Floor
Honolulu, Hawaii 96814
Bus: 808 593-9776
Fax: 808 593-8277
Email: giffordchang@yahoo.com
The Participating Organization will be responsible to give D.B. Productions, Inc. dba: Night In Chinatown a certificate of insurance of any and all sub-contractors/consultants contracted, volunteer, used for hire or for free (no payment) by the Participating Organization. In the event the Participating Organization fails to have inadequate minimum coverage limits and/or inadequate insurance coverages as a whole, then it is agreed that the Participating Organization, by taking part in the Night In Chinatown event is self insured and or has its own self insurance and is fully liable for all actions or inactions of its organization.
Night In Chinatown will have the right to prohibit the Participating Organization or any sub-contractor/consultant contracted, volunteer, used for hire or for free (no payment) by the Vendor and or the Participating Organization from entering the event site until such certificate or other evidence that insurance has been placed in complete compliance with these requirements is received and approved by D.B. Productions, Inc. dba: Night In Chinatown. The Participating Organization’s failure to maintain the required insurance may result in termination of this contract, term and or its participation in this event.
Below are the minimum insurance coverage requirements for all Vendors and or all Participating Organizations:
Commercial General Liability (include Liquor Liability if applicable)
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products & Completed Operations Aggregate
$1,000,000 Personal & Advertising Injury
Automobile Liability
1,000,000 combined single limit each accident
Workers' Compensation & Employers' Liability
$1,000,000 bodily injury for each accident
$1,000,000 bodily injury by disease for each employee 1
$1,000,000 bodily injury disease aggregate
Umbrella/Excess Liability
$5,000,000 combined single limit and aggregate limit
The policy or policies providing insurance as required, with the exception of workers' compensation, will defend and include D.B. Productions, Inc. dba: Night In Chinatown and its directors, officers, representatives, agents, employees, and any other entity required by Night In Chinatown as additional insureds. The form of the additional insured endorsement will be ISO CG 20 10 11 85 or its equivalent. The amount of the Participating Organization’s insurance required by this Agreement will not be reduced by or affected by the existence of any other insurance, whether secured by D.B. Productions, Inc. dba: Night In Chinatown or any other person or entity, that might provide coverage for any claim arising out of any alleged negligence or fault on the part of the Participating Organization.
All coverages required of the Participating Organization will be primary over any insurance or self-insurance program carried by D.B. Productions, Inc. dba: Night In Chinatown and the the Participating Organization’s insurer will not seek contribution from other insurance available to D.B. Production, Inc. dba: Night In Chinatown.
The Vendor will require all insurance policies required by this Agreement to include clauses stating each insurer will waive all rights of recovery, under subrogation or otherwise, against D.B. Production, Inc. dba: The Night In Chinatown. The Participating Organization will require of sub-contractors, by appropriate written agreements, similar waivers of all rights of recovery, under subrogation or otherwise, against D.B. Production, Inc. dba: The Night In Chinatown.
The Participating Organization acknowledges that it has read this Agreement and has received or waived the opportunity to discuss the Agreement and its ramifications, legal or otherwise, with legal counsel. Further, the Vendor acknowledges that it fully understand the terms of this Agreement and acknowledges that it has signed it freely and voluntarily without any inducement assurance, guarantee, or oral representation being made by anyone acting, or purporting to act on behalf of D.B. Productions, Inc. dba: Night In Chinatown.