HomeMy WebLinkAboutInv# PC - 25465 - XTREME ACTION PARK - 03/28/2025Xtreme Action Park
5300 Powerline Road, Suite 210
Fort Lauderdale, FL 33309
P: 954-491-6265
Event Date: March 28, 2025Event Reservation # 37,185
E-mail: zdesiderio@daniabeachfl.gov
Fax Number:
Address:
954 985 4400Phone Number:
Desiderio, ZairaContact:
Scheduled By: Behar, Gregg
Date Booked: 1/28/2025Fort Lauderdale, FL 33309
Event Type: Camp Groups
Organization: City of Dania Beach
3/28/2025 Friday 10:00 AM - 1:00 PM 22 0
Event Date Day Event Time Participant Spectator
Items Purchased
Amount DescriptionQty
22 $440.00 School's Out! Package 3 Jump
22 $66.00 Camp Grip Socks
27 $175.50 Camp Meal Pizza
Notes: Xtreme welcomes City of Dania Beach - Frost Park
Package for 27 (numbers subject to change)
1 hour of trampoline with grip socks
1 game of laser tag
1 hour of unlimited arcade (no redemption tickets)
2 slices of pizza and soda
Chaperones cannot jump on trampolines
NOTE: ALL CAMPERS WILL NEED A FULLY FILLED OUT WAIVER SIGNED BY PARENT OR LEGAL GUARDIAN
Date Paid Amount DescriptionRec #
3/28/2025 $681.50 Credit2175170
Deposits and Payments Event Total
Total Due:
Event Total:
- Payments:
$0.00
$681.50
$681.50
001-7205-572-5220spring break field trip Frost Park
TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, XBK Management, LLC, a Florida limited liability company d/b/a Xtreme
Action Park (“XBK”), and Client, as identified on page 1, (collectively, the “Parties”) agree as follows (the “Agreement”):
Premises: The event venue is located at 5300 Powerline Road, Ft. Lauderdale, FL 33309, and is known as “Xtreme Action Park” (the “Premises”).
1.Sales Tax: All food, beverage and attractions are subject to an applicable Florida sales tax.
2.Reservations and Billing: Reservations are tentative and may be cancelled by XBK at any time until this Agreement is signed and XBK receives the deposit . This
Agreement must be signed and returned with the deposit in the amount of fifty percent (50%) of the subtotal listed on page 1 of this Agreement within twenty-four (24) hours
of XBK having e-mailed the Agreement to Client. The remaining balance is due three (3) business days before the event. Deposits are applied to the balance. Payments may
be made by credit card, corporate check, or money order. No personal checks are accepted. If Client’s event is on a Monday or Tuesday , Client’s Final Guarantee (as defined
below) and final payment is due the Friday before the event. This Agreement must be signed, and all payments must be made by Client listed on Page 1 of this Agreement.
XBK will not accept any signatures nor payment from any other person or entity other than the Client listed on Page 1 of this Agreement.
3.Credit Card Compliance: For security reasons, XBK and the Payment Card Industry Data Security Standards (PCI-DSS) prohibit the transmission or reception of credit
card numbers by email. Client may transmit its credit card number in person, by fax, or telephone ONLY. If the payment form is emailed, the credit card number field must be
left blank and communicated to XBK by telephone.
4.Tax Exempt Clients: Clients requesting tax exemption status must provide XBK’s Event Office with a copy of a valid State Sales Tax Exempt Certificate and number
before signing this Agreement . The account holder on the check or credit card must be the same as on the tax-exempt certificate. TAX-EXEMPT GROUPS CANNOT PAY
ANY PORTION IN CASH.
5.Rescheduling by Client: Client may reschedule an event within sixty (60) days from the event date without incurring additional charges . If Client wishes to modify its
event, any additional pricing will be calculated using XBK’s prices at the time of the modifications. XBK, however, will not be held responsible nor return any deposits if the
new date is unavailable. If Client modifies its event, Client will continue to abide by these Terms and Conditions .
6.Cancellations by Client: Client may cancel an event and receive all prepaid deposits if XBK receives written notification of cancellation no later than one hundred twenty
(120) calendar days prior to the date of Client’s event. Client may also cancel an event and receive fifty percent (50%) of all prepaid deposits if XBK receives written
notification of cancellation no later than ninety (90) calendar days prior to the date of Client’s event. XBK will not refund Client any of its prepaid deposits if Client cancels
an event with less than ninety (90) days ’ written notice. Client acknowledges that if it fails to cancel in a timely manner, XBK is likely to incur monetary damages, such as
foregoing other group events and ancillary revenue associated with those events, which will be difficult to calculate. Therefore, in addition to forfeiting Client’s prepaid
deposits, Client agrees that should Client cancel its event with less than ninety (90) calendar days ’ notice, Client will be responsible for liquidated damages in the amount of
twice of the initial deposit. If cancellation takes place after food has been ordered or gone into production, the total food and labor costs will be added to the amount due to
XBK by Client.
7.Cancellations by XBK: XBK reserves the right to cancel any event at the Premises, upon a determination, in XBK’s sole discretion, that (i) Client misrepresented the event
in any way (to XBK or any other party) or (ii) the event would be harmful to XBK. In the event of such cancellation, XBK will refund all prepaid deposits in full for the
cancelled event in question. XBK may also terminate this Agreement upon twenty-four (24) hours’ written notice to Client for non-payment of any undisputed fees owed and
past due. Upon termination in such case, XBK shall be entitled to retain any and all deposits paid before termination.
8.Damage to Presmises or Property: Client will be liable for any damage, exclusive of normal wear and tear, made to the Premises, the event rental space, and/or XBK’s
property that is caused by Client or its guests, directly or indirectly. By signing page 1 of this Agreement, Client agrees to assume full financial responsibility for any such
damage and hereby allows and agrees for XBK to charge Client ’s credit card on file after the event to cover all costs incurred by XBK to repair such damage with no further
notice to Client. If XBK has no credit card on file, XBK will send Client an invoice with the amount owed to the address listed on page 1 of this Agreement, and Client agrees
to pay the amount owed in full within thirty (30) of receipt of such invoice.
9.Final Guarantee: XBK must receive final food and beverage orders (“Final Guarantee”) no later than 12:00 p.m. three (3) business days prior to the event date. If Client
fails to provide XBK with a Final Guarantee as stipulated above, the estimated attendance number stated on page 1 of this Agreement will become the Final Guarantee. The
Final Guarantee may not be modified after the abovementioned deadline and no credits will be issued for guests who do not show. For clarity, if Client’s event is on a
Saturday, Sunday, Monday, or Tuesday, the Final Guarantee is due no later than the Wednesday before the event , by 12:00 p.m.
10.Menu: This Agreement includes the menu specified as per XBK ’s packages. All additional menu requests made three (3) business days prior to event will be honored at
the special menu rate. If Client adds any food on the day of the event, menu pricing will be subject to the current published concession area pricing, and no special pricing
will be honored for the additional food ordered. If Client adds food on the day of the event, XBK cannot guarantee that the additional food ordered will be delivered at the
same time as the originally ordered food. Modifications to any menu items will be accepted three (3) business days before the event date. Specialty items require a minimum
of one (1) week’s advance notice. All items marked with an asterisk (*) on XBK’s menu denotes specialty items.
11.Food and Beverage Policy: XBK policy requires that all food and beverages be consumed on Premises and purchased solely through XBK. If Client is utilizing an
approved off-premise catering company, Client will be subject to a $10.00 per person chair charge. Buffets are portioned per person and quantities are based on the contracted
number of guests. Buffet portions are finite and not replenished when food runs out . All federal, state, and local laws related to food and beverage purchases and consumption
will be strictly enforced. Further, Client understands that consuming raw and undercooked meats, poultry, fish/shellfish or eggs may increase the risk of foodborne illness,
especially if a guest has certain medical conditions. Client agrees to provide notice to its guests and invitees of XBK’s food and beverage policy. Any food remaining at the
conclusion of the event MAY NOT be taken off the Premises. Clients are allowed to bring in a birthday cake and/or cupcakes that are in a box from a bakery or with an
invoice from a licensed bakery. No other food may be brought onto the Premises and XBK will ask Client to remove any additional food from the Premises.
12.Hosts: Each event will be required to have a minimum amount of XBK-employed hosts depending on the number of attendees. Client may request additional hosts if
desired. Client will be responsible for paying an hourly fee for each host during the duration of the event, which includes set-up and break-down times. Client must make any
requests for additional hosts at least three (3) business days before the event date.
13.Outside Vendors: If Client intends to hire any outside vendor services for the event, included but not limited to live talent, entertainment, photographer, florist, decorator,
Client must obtain advanced written approval from XBK in its sole discretion. All approved vendors contracted for by Client must provide a Certificate of Insurance (“COI”)
naming XBK Management, LLC, and its affiliates as additional insured under the liability insurance coverage . Client must provide XBK with the COI no later than three (3)
business days prior to the event date.
14.Alcohol Policy: All guests whom XBK, its affiliates, or employees believe to be under thirty (30) years of age must present one of the following acceptable forms of
identification: valid Florida photo driver's license, valid passport, or active military I.D. Guests cannot bring or remove alcoholic beverages from the Premises. No person will
be served more than two (2) alcoholic beverages at a time. All bars are limited to a maximum of five (5) hours of alcoholic beverage service. All alcoholic beverages must be
consumed in the function area, bar, or restaurant in which they were purchased or served. Beverages with more than two (2) types of liquor or as a "shot" will not be sold on
the Premises. XBK will not serve anyone whom it believes is under the influence of alcohol or any other controlled substance, nor will XBK serve any individual who it
believes will give an alcoholic beverage to a minor, an intoxicated person, or a person without proper identification. XBK reserves the right to limit or discontinue the service
of alcoholic beverage at its sole discretion to ensure responsible service of alcoholic beverages. XBK strictly prohibits participants from riding under the influence of drugs or
alcohol. XBK reserves the right to breathalyze any driver before driving and XBK will refuse to allow a person to race if that person fails or refuses to take a breathalyzer test
or appears to be under the influence. Furthermore, individuals that participate in rock climbing, jumping, roller skating, rope course or similar activity cannot be under the
influence.
15.Refusal of Service: XBK reserves the right to refuse service to anyone. Specifically, XBK will ask individuals or groups who are pose a threat to the safety or well-being
of others to leave the Premises.
16.Minors: Persons under the age of fifteen (15) years of age must be accompanied by a parent, legal guardian, or group leader over the age of twenty-five (25).
17.No Smoking: No smoking is allowed inside the Premises under any circumstances. Pipes, cigar smoking, e-cigarettes, vaping, snuff, and chewing tobacco are all
prohibited.
18.Attire: Client and Client’s guests must wear closed-toe shoes. Flip-flops, sandals, or any other kind of open-toed shoe will not be permitted for safety reasons and guests
will not be allowed to do the attraction.
19.Driver Registration and Safety Briefing (Karting): All drivers must complete a safety waiver and attend the safety briefing fifteen (15) minutes before the track rental time.
Track rentals are for the exclusive use of the Client and no other parties will be combined . XBK will not extend any track rental times. Therefore, XBK recommends that
Client and its guests arrive to the track fifteen (15) minutes before the rental time.
20.Rules and Regulations: Client agrees that this Agreement shall be performed in accordance with XBK ’s rules and regulations, including, without limitation, rules relating
to management, health, safety, hours of operation and location of advertisement, as may be applicable to this Agreement . Client and its guests agree to comply with XBK’s
Rules and Regulations that are posted on XBK’s website at https://xtremeactionpark.com/park-rules-regulations/ and incorporated herein by reference.
21.Event Space: XBK will provide sufficient event space based on the number of guests Client has initially provided to XBK . XBK reserves the right to reassign event space
to that which is most suitable for the final number of guests based on Client’s Final Guarantee and the availability of event spaces. XBK will not be responsible for additional
event space if more guests show after the Final Guarantee is placed. It is imperative that Client arrive at its contracted time as event space must be released at the expiration of
the contracted rental time and XBK will not provide additional time (unless previously approved in writing by XBK). Any set-up for the event must be done during XBK’s
operating hours in the designated event space. Client cannot adhere anything to the walls of the Premises and no silly string, glitter, confetti, nor piñatas are allowed. Client
shall be responsible for equipment and set-up, removal and breakdown of all non-XBK owned property and/or equipment. XBK shall be responsible for the set-up, use and
breakdown of any property and/or equipment belonging to XBK. Except as otherwise provided herein, Client shall not leave any equipment on the Premises and shall have
sole responsibility for all set-up and removal costs. XBK may, in its sole and absolute discretion, charge a clean-up fee to Client for damage caused by Client or Client’s guests
to Premises during the event, as stipulated in Section 9 of this Agreement.
22.No Ticket Sales: Client represents and warrants to XBK that the event is a private function and no tickets shall be sold to the public entitling the public to attend the event.
Any breach of this provision shall serve as a basis for XBK to terminate this Agreement immediately . In the event of termination of this Agreement by XBK on the basis of
this provision, the Parties acknowledge that XBK’s damages shall be hard to determine, and the Parties agree that any deposit previously paid by Client to XBK shall be
retained by XBK as liquidated damages, in addition to any other remedy available to XBK hereunder and/or Florida law.
23.Advertising: Should Client desire to use XBK’s name, trademark or logo, or any other trademark, logo, or name belonging to XBK, in any form of invitations or
advertisements (such as printed, electronic, audio, visual) related to the event, whether for internal or external publication, Client shall submit such invitations or
advertisements in advance to XBK for XBK’s prior written approval, as determined in its sole discretion. Client shall not produce any advertisements or invitations related to
the event that include any name, trademark, or logo owned by XBK without first obtaining written permission and approval from XBK.
24.Parking: Parking is available in designated areas as determined by XBK from time to time. XBK SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, CLAIMS, OR
LOSS OF VEHICLE OR PERSONAL PROPERTY. PARKING IS AT EACH PERSON’S OWN RISK.
25.Client Personal Property: ALL ITEMS LEFT ON THE PREMISES IS AT CLIENT’S SOLE RISK. XBK shall not insure the personal property of Client or Client’s guests
against damage or loss by any means. All equipment and personal items of Client or its guests should be removed at the end of the event.
26.Indemnification: Client shall hold harmless, defend and indemnify XBK, its affiliates and their respective employees, officers, directors, owners, volunteers and agents
from and against any and all actions, suits, claims, liability, loss, damage, expense, costs (including without limitation costs, attorney’s fees and fees of litigation) of every
nature arising out of, or in connection with, any damage to any property or any injury caused to any person (including death) caused by or relating to Client’s use of the
Premises or its failure to comply with any of its obligations contained in this Agreement , including any acts or omissions on the part of Client, its employees, officers,
directors, independent contractors, representatives, guests, patrons invitees or other agents except such loss, injury or damage which was caused by the willful misconduct of
XBK. Client shall notify XBK of any damage or injury of which it has knowledge in, to, or near the Premises, regardless of the cause of such damage or injury.
27.Limitation of Liability: XBK shall not be liable to Client for indirect, special, incidental, punitive or consequential damages arising out of or relating to this Agreement .
28.Force Majeure: In the event that XBK’s performance of this Agreement is prevented , restricted or interfered with by reason of act of God, hurricanes, wars, revolution,
civil commotion, acts of public enemy, embargo, acts of government in its sovereign capacity, labor difficulties, boycotts, or any other circumstances, resulting in, but not
limited to the cancellation of any scheduled event, XBK shall be excused from such performance on a day-to-day basis during the continuance of such prevention, restrictions,
or interference and the same shall not constitute a breach of this Agreement by XBK . In no event shall XBK be liable for any additional costs or damages suffered by Client
arising out of a rescheduling or cancellation of the event.
29.Assignment: Client shall not assign, pledge or otherwise transfer or encumber this Agreement , or any of Client’s rights and obligations hereunder without the prior written
consent of XBK, which consent may be withheld in XBK’s sole and absolute discretion. XBK shall have the right to assign, convey, pledge and encumber in whole or part any
and all of its rights under this Agreement. If XBK fully assigns its rights hereunder, either voluntarily or involuntarily, XBK shall be released from any further obligations
under this Agreement and Client shall look solely to the assignee for performance obligations arising thereafter . Client agrees to execute and deliver those instruments
reasonably required to effect the provisions of this Section .
30.Attorney's Fees: In the event that XBK retains counsel, either in-house or outside, to enforce any of the terms of this Agreement , including but not limited to recovering
any sum due under this Agreement , Client shall pay XBK all costs and expenses, including reasonable attorney's fees incurred by XBK, whether or not suit is filed. Should
XBK be named as a defendant in any suit brought against Client associated with the event, Client shall pay XBK’s reasonable attorney’s fees, costs, and expenses incurred in
defense of such suit.
31.Choice of Law: This Agreement shall be governed , both as to interpretation and enforcement, by the laws of the State of Florida and, as necessary, in the courts in that
jurisdiction, without regard to any principles of conflicts of law. Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in
connection with, this Agreement or the transactions contemplated hereby shall be brought in the federal court or state court located in Broward County in the State of Florida ,
and each of the Parties hereby consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding
and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or thereafter have to the laying of the venue of any such suit, action or proceeding
in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient form. Process in any such suit, action or
proceeding may be served on any person anywhere in the world, whether within or without the jurisdiction of any such court. The Parties acknowledge that the courts of the
State of Florida are a convenient forum for a resolution of any disputes hereunder.
32.Waiver of Jury Trial: THE PARTIES HERETO, AFTER HAVING THE OPPORTUNITY TO REVIEW THE SAME WITH LEGAL COUNSEL OF THEIR CHOICE,
HEREBY KNOWINGLY AND IRREVOCABLEY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING UNDER THIS AGREEMENT AND AGREE
TO SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF A COURT OF SUBJECT MATTER JURISDICTION LOCATED IN BROWARD COUNTY,
FLORIDA.
33.Counterparts: This Agreement may be executed in several counterparts , each of which shall constitute an original and all of which, when taken together, shall constitute
one agreement.
34.Non-Waiver: No waiver by either party of any default in the terms, covenants, or conditions hereof to be performed, kept or observed by the other shall be construed to be
or act as a waiver of any subsequent default of any of such terms. Acceptance of payments by XBK for any period or periods after a default of any of the terms, conditions
and covenants herein contained shall not be deemed a waiver of any right or remedy.
35.Severability: If any part of this Agreement shall be held unenforceable for any reason , the remainder of this Agreement shall continue in full force and effect . If any
provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction , and if limiting such provision would make the provision valid, then
such provision shall be deemed to be construed as so limited.
36.Headings: The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement .
37.Entire Agreement: This Agreement constitutes an entire agreement between XBK and Client and supersedes any prior understanding or representation of any kind
preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of
this Agreement.
By signing below, you represent that you are (i) authorized to sign this Agreement on behalf of the entity named below (if
applicable), (ii) agree to abide by the Terms and Conditions, as amended from time to time, attached hereto and incorporated
herewith and (iii) to pay the applicable deposits and payments.
Client Signature: Xtreme Signature:
Signature: ______________________________________________ Signature: ___________________________________________
Name: _________________________________________________ Name: ______________________________________________
Title (if applicable): _____________________________________ Title (if applicable): ___________________________________
Date: __________________________________________________ Date: _______________________________________________
Signature:Printed on 3/31/2025 at 3:53:57PM