2025-138 (2)P. O. BOX 293
LODI, NJ 07644
RICHARD, FRED, ROBERT
AGREEMENT
THIS AGREEMENT, made this 1 day of Old 2025, between
V
McDANIEL BROTHERS, INC. trading as McDANIEL BROTHERS SHOWS,
a New Jersey Corporation (hereinafter referred to as "McDaniel")
having a principal place of business at P.O. Box 293, Lodi, New
Jersey, 07644, and
The Town of Wappinger, a municipal corporation (hereinafter
referred to as "Town") located at 20 Middlebush Rd Wappingers Falls
NY 12590,
WHEREAS, McDaniel Brothers Shows is in the business of
providing amusements, concessions, and rides to individuals or
organizations for purposes of fund raising or profit; and
WHEREAS, Town desires to contract with McDaniel to
furnish and provide amusements, concessions, and rides for a
carnival or fair; and
WHEREAS, Town desires to conduct a carnival or fair at the
location described as Schlathaus Park, 126 All Angels Hill Rd.
Wappingers Falls, NY 12590
NOW THEREFORE, in consideration of the mutual covenants and
terms contained herein, the parties agree as follows:
1. McDaniel shall provide a total of Unit B rides, as well as
tickets and ticket offices. All revenues from rides shall be
collected by McDaniel and shall be divided 75% percent to McDaniel
and 25% percent to Town. The settlement with respect to revenues
shall be made at the close of each business day during the term of
the carnival or fair, in cash or certified check.
2. McDaniel shall also be permitted to provide and operate the
following concessions and activities and all revenues from such
concessions and activities shall belong to McDaniel:
Popcorn, Cotton Candy, Jelly Apples, Sno Cones Juice/Soda Com.
Soft Serve Ice Cream Complete
Funnel Cakes, Fried Oreos, Fried Pickles, Soda, lemonade
Food Stand
3. Town retains the right to conduct concessions and activities
which are not similar to those of McDaniel as described
above. These concessions and activities shall be conducted in a
location within the fairgrounds, as determined by the mutual
agreement of a designated member of 'down and McDaniel. Town
shall be entitled to retain any and all revenues derived from said
concessions and activities.
4. Tn the event McDaniel contracts or books any third party or
outside vendors, it is agreed by the parties that Town shall receive
SO per vendor. Third party or outside vendors must supply proof of
liability insurance to McDaniel•or pay McDaniel for coverage under
McDaniel's insurance policy during the term of the event.
5. The amusements, concessions and rides shall be furnished by
McDaniel upon the fairgrounds for the following period:
Dates: September 18-21, 2025
Hours: By agreement of the parties.
McDaniel shall close operations when it determines, in its
sole discretion, that weather conditions may cause equipment to be a
danger to the public or if proper security is not visibly present or
crowd control is no longer possible.
6. Town shall obtain and furnish McDaniel with a suitable
location, (referred to herein as the "fairgrounds") for the operation
of the carnival or fair. The fairgrounds should be cleared of brush,
refuse and all other objectionable matter and be in such condition
that the complete carnival or fair may be conveniently set up so that
the show may be exhibited without discomfort or hazards to itself or
the general public. The fairgrounds must be made available to
McDaniel at least two (2) days prior to opening.
7. Town shall also be responsible for the following:
a. Providing all necessary municipal permits and licenses
that may be required by law to operate.
b. Providing all newspaper, radio, and hand -bill
advertising. McDaniel will give Town at no additional charge 100
advertising posters to be distributed by Town.
C. Providing a fresh water faucet, toilet facilities,
ticket sellers, police protection during the running of the show, and
police or guard service for the equipment from time of show set up to
final departure.
d. Providing refuse removal and cleaning and restoring of
fairgrounds to original order after the departure of McDaniel, except
that McDaniel shall be responsible to restore any disturbances to the
grounds caused by the installation, set-up, running, break -down or
removal of equipment, including any holes, trenches, divots, tire
ruts, etc.
e. Providing hook-ups for water.
8. Town agrees not to book or contract any attractions similar
to McDaniel. Town shall also use its best efforts to discourage any
other organization from seeking to run a carnival or fair within the
same period of time as the dates contracted for herein.
9. During the term of the carnival or fair herein described and
any additional period required for the set up or removal of the
amusements, concessions, and/or rides of McDaniel, McDaniel shall
protect, indemnify, and hold harmless Town for any and all loss,
damage, or liability incurred by any action, conduct, or neglect on
the part of McDaniel or any of McDaniel's agents, employees, or
licensees. McDaniel will also at all times at its own cost protect
both McDaniel and Town with public liability insurance with a
reputable insurance company in the amount of one million dollars,
insuring against bodily injury and property damage liability.
McDaniel shall furnish Town with a Certificate of Insurance showing
such insurance to be paid and in force for the period defined herein.
(See attached Addendum for Insurance Coverage Requirements.)
10. McDaniel shall in no way be liable for any damages or
expenses caused by any failure or delay in the presenting of its
attraction, rides, or concessions as herein described, if caused by
war, riots, strikes, governmental regulations, labor difficulties,
transportation difficulties, adverse weather conditions, or any
accident or circumstances over which McDaniel has no control.
11. This Agreement shall become void if not signed and returned
to McDaniel within thirty (30) days of proposal to Town. Failure to
return the Agreement may result in forfeiture of the play dates
specified.
12. Any notice required by this Agreement may be delivered to a
party personally or mailed to it by certified mail, return receipt
requested, at the address contained in this Agreement.
13. The parties may modify the terms of this Agreement at any
time by mutual consent, provided it is in writing and executed with
the same formality of this writing. Failure of either party to insist
upon strict performance of any of the provisions of this Agreement
shall not be construed as a waiver of any subsequent default of the
same or similar nature.
14. This Agreement and all rights of the parties thereunder
shall be governed by the laws of the State of New York. Each of the
parties hereby expressly submit and consent in advance to the
jurisdiction of the Courts of the State of New York with regard to
any claim or dispute pertaining to the Agreement or any matter
arising therefrom.
15. The provisions of this Agreement are severable and if any
provision, section, clause or phrase shall for any reason be held
invalid, the validity of the remaining provisions, sections, clauses
or phrases, shall not be affected, but shall remain in effect.
16. The parties hereto have read this Agreement before signing
same and hereby agree that no statement, remark, agreement or
understand, oral or written, not contained herein will be recognized
or enforced.
17. Town acknowledges that this Agreement is a legal document;
that it has the right to and the opportunity for independent legal
advice with regard to this Agreement; and that it fully understands
its obligation under this Agreement.
18. This Agreement is not assignable and shall be binding upon
the parties their heirs, successors, and assigns.
19. It is expressly agreed that the Town shall have no right or
authority at any time to make any contract or other binding Agreement
of any nature on behalf of McDaniel, whether oral or written; to
extend credit on behalf of McDaniel; to incur any debt or otherwise
obligate McDaniel, for the payment of any obligation; or to employ,
hire, or retain any person, firm, corporation or entity, on behalf of
McDaniel, without the express written consent of McDaniel.
20. The member of Town executing this Agreement it does so with
the full authority to bind Town to its provisions.
21. Additional Specifications:
See attached Addendum.
IN WITNESS WHEREOF, the parties hereto, signed and sealed this
Agreement the day and year first above written.
McDANIEL BROTHERS, INC,
t/a McDANIEL BROTHERS SHOWS
by:
dosepn cavaccini , 6upervisor, rown
Of Wappinger
Manfred McDaniel, President
ADENDUM TO AGREEMENT FOR OPERATION OF RIDES
FOR TOWN OF WAPPINGER FALL FESTIVAL
THIS AGREEMENT, made the /2 day of kjor� , 2025 by and between
Town. of Wappinger
a municipal subdivision with
its office located at Town Hall, 20 Middlebush Road,
Wappinger Falls, New York, 12590
(hereinafter referred to as the "TOWN")
and
McDANIEL BROTHERS, INC. trading as McDANIEL BROTHERS SHOWS,
a New Jersey Corporation (hereinafter referred to as "McDaniel")
having a principal place of business at
P.O. Box 293, Lodi, New Jersey, 07644,
WITNESSETH:
The purpose of this Agreement is to provide for operation of carnival rides during the 2025 Town
of Wappinger Fall Festival ("Fall Festival"). The provisions of this Addendum supersede any
inconsistent provisions in the McDaniel form of contract.
I. Payment
A. The Town will operate the ticket booths which will be provided by McDaniel and retain
25% of the gross receipts from all tide revenues, and the balance to be paid to McDaniel
at the end of each business day.
B. The Town grants to McDaniel the exclusive right to sell cotton candy, sno-cones, popcorn,
jelly apples, soft serve ice cream, funnel cakes, fried oreos, fried pickles, and lemonade.
The Town grants to McDaniel the exclusive right to operate all games of skill. Any
revenue from sales of food and other items and games of skill received by McDaniel are
free from any rental or commission to the Town..
C. The Town reserves the right to allow vendors or groups to sell any food/beverage item
not specifically assigned to McDaniel. All revenues from these sales are retained by the
vendors and any fees collected by the Town are to be retained by the Town.
D. The Town reserves the right to let space to the sellers of crafts and other items. All
revenues from these sales are retained by the vendors and any fees collected by the Town
are to be retained by the Town.
E. The Town shall pay all such taxes for the ride revenues that may be due such as, but not
limited to, state income tax, state excise tax, and sales tax.
F. The Town shall not be responsible for any taxes that may be due as a result of its payment
to McDaniel or for any revenues collected by McDaniel_
TT. McDaniel's Obfigations
A. McDaniel has the exclusive tight to provide, and shall provide, the following -tides:
1. 8-10 armisernent rides
2. 1 air conditioned ticket booth with tickets.
B. The rides shall be in operation duning the following hours:
September 18, 2025 from 6-10 pin, September 19th, 2025 from 6prn-10pm, September,
20, 2025 from Spm-10prn and September 21, 2025 from 3ptn-7prn. The hours of ride
operation are subject to change based on attendance, weather or other factors with the
mutual agreement of both parties,
C. McDaniel agrees to provide electrical current to power rides and other supplied units. All
wires shall be placed in a manner that provides for safe public movement.
D. McDaniel shall maintain the ride areas, the area for games and its concession areas free of
all garbage and debris. All garbage and debris is to be bagged and deposited in designated
collection area.
E. All McDaniel employees shall wear distinctive uniforms and sorne form of identification.
F. -All McDaniel employees will refrain from smoking within the event space.
G. McDaniel certifies that it maintains all permits and licenses necessary for the operation of
its rides, games and food units.
H. All McDaniel employees handling foods shall have the necessary food handling permits
required by Dutchess County or New York State and abide by all applicable health codes.
I. McDaniel shall be responsible for the removal of any hazardous products generated by its
operations and will comply with all laws, rules and regulations concerning the disposal of
hazardous waste;
J. McDaniel shall restore any disturbances to the grounds caused by the installation, set-up,
running, break -down or removal of equIpment,filcluding any holes, trenches, divots, tire
ruts, etc.
K. McDaniel agrees that Town shall not be liable for, and it agrees to indemnify, defend and
hold theTown harmless from and against any and all claims and liability for loss or damage
to property or any injury to or death of any and all persons that may be occasioned by any
cause whatsoever pertaining to the above -referenced event, including, without limiting die
generality of the foregoing, claims resulting from the operations of McDaniel, and all
claims arising from all causes of action and reasonable attorneys' fees and any other
expenses incurred in defending any suits or actions which may arise as a result of any of
the foregoing, provided that any such claims, causes of action, judgments, losses, damages,
liabilities or expenses of the Town are not incurred or do not result from the intentional
or willful wrongdoing of the 'town.
L. This agreement shall be in full force and effect until the Fall Festival is complete. This
agreement shall survive, however, to the extent of any claim or cause of action accruing
prior to such date and until the expiration of any applicable statute of limitations.
III. Insurance Required
A. On or before September 25, 2025, MCDANIEL must obtain at its sole cost and expense,
insurance of the following types and minimum amounts to cover the event:
1_ Commercial Liability Insurance coverage in the amount of $1,000,000 per
occurrence and 2,000,000 aggregate;
2. Comprehensive Automobile Liability insurance coverage in the amount of
$1,000,000 per occurrence;
3. Intentionally omitted;
4. Worker's Compensation and Disability Insurance in accordance with New York.
State Law requirements; and
5. Intentionally omitted.
B. All insurance policies are subject to the following conditions:
1_ The Town of Wappinger must be listed as additional named insured on a
primary, non-contributory basis; and
2. Insurance is to be provided by Carrier licensed to do business in the State of
New York with a rating no less than "A" as rated by A.M. Best Co.; and
3. All liability insurance must be written on an occurrence basis.
4. The general aggregate shall apply on a per event basis.
5. All insurance policies shall include a clause to the effect that the policy shall not
be canceled or changed unless thirty (30) days prior written notice has been
provided to the TOWN and provided fiartlaer that the notice must be evidenced
by receipt of registered letter.
C. The commercial liability policy shall include the following coverages:
1. Blanket Contractual;-
2.
ontractual;2. Broad Form Property Damage; and
3. Fire Legal Liability;
D. Intentionally omitted.
E. McDaniel shall provide to the Town an original Certificate of Insurance on or before
September 25, 2025.
N. Town's Obligations
A. The Town will provide all permits, licenses or clearances required by the town and county
to hold the event. Any individual licenses required by McDaniel employees are the
responsibility of McDaniel.
B. The Town will provide Ticket sellers for all rides.
C. The Town will provide adequate security and protection.
V. Mutual Agreement
A. No other rides similar to or competitive with those provided by McDaniel shall be allowed
on the grounds.
B. In the event of any equipment or electrical power failure, McDaniel will not be held
responsible for any lost or anticipated revenue.
C. There will be no financial adjustments contingent on weather.
D. Either party upon giving 180 daps written notice to the other may terminate this contract
without cause provided said notice is sent by registered Mail, Return Receipt Required, to
the other at the address indicated herein, except as otherwise provided, the agreement is
irrevocable.
E. This instnunent sets forth the entire contract between the parties, is not assignable without
prior written approval of both parties and is binding upon and endures to the benefit of
the parties hereto and their respective Executors, Administrators, Successors, and
Assignees, and may be cancelled, modified or amended only by written instrument
executed by both parties.
F. Any mishap that may occur during the hours of operation of the event must be reported
to the show office immediately or will be considered null and void.
G. In the event of unforeseen occurrence which McDaniel has no control over, for example:
trucking accidents, delays, strikes, fire, floods, cyclones, it will not be held for damages to
the Town..
H. The laws of the State of New York shall govern this Agreement and the parties stipulate
that any lawsuit regarding this Agreement must be brought in Dutchess County, New
York.
VI. Independent Contractor
A. McDaniel agrees that it will perform set -vices under this Agreement as an independent
contractor and not as an agent, employee or servant of the Town. The parties agree that
McDaniel and its employees are not entitled to any benefits or rights enjoyed by employees
of the Town. The Town specifically has the right to direct and control McDaniel's activities
in providing services in accordance with the terms of this Agreement. The Town shall only
have the right to ensure performance. MCDANIEL agrees that neither it nor its
employees, agents, subcontractors or sub -licensees shall in any manner represent itself or
permit itself to be represented to the public as an agent of the Town.
VII. Attorney's Fees.
A. The losing patty agrees to pay reasonable attorney fees and costs to the prevailing party 111
the event it is necessary to commence any legal action, suit or proceeding against the other
party by reason of any breach of this Agreement.
VIII. Notices.
All correspondence and/or notices concerning this Agreement shall be sent to:
Town of Wappinger Recreation Department
Town Hall
20 Middlebush Road
Wappinger Falls, New York 12590
Attention: Jessica Fulton, Recreation Director
with a copy to:
Michael T. Liguori
Hogan, Rossi & Liguori
Attorneys at Law
3 Start Ridge Road
Brewster, New York 10509
and:
McDANIEL BROTHERS, INC. trading as McDANIEL BROTHERS SHOWS,
P.O. Box 293,
Lodi, New Jersey, 07644
IN WITNESS WHEREOF, the parties have hereunto set their narnes
Town of Wappinger
B
AsepKD. Cavaceini,
Supervisor
McDANIEL BROTHERS, INC.
t/a McDANIEL BROTHERS SHOWS
Manfred McDaniel, President