Participation Agreement: Release and Consent
TERMS AND CONDITIONS OF PARTICIPATION.... Release and Consent TERMS AND CONDITIONS OF PARTICIPATION If accepted, Louisville Makes, LLC (or its designee and/or assignee of its rights to the Maker Faire license), agrees to the participation of the person or organization identified below (“Maker”) in the Louisville Maker Faire 2024 (“Maker Faire”), and the Maker agrees to participate, in accordance with terms of this Agreement. In this Agreement, “we” or “us” means Make Community, and “you” means the Maker identified below. “Exhibit” means the display and/or demonstration, presentation, performance, and/or other activities and materials that you provide or present in the space or work area assigned to you by us at Maker Faire. Your participation creates a Contract that limits the liability of Make Community, LLC.; Louisville Makes and any successor in interest and/ or assignee of its rights to the Maker Faire license; the Maker Faire sponsors, suppliers, concessionaires, staff, booth exhibitors, and venue; and each of their respective officers, directors, employees, representatives, affiliates and owners (collectively and individually, “Promoters”). You agree to all of the following provisions, which are part of the Contract: RULES and LAWS: You agree to comply with all applicable laws, the Maker Toolkit, and any other requirements, and/or rules & regulations issued by us in connection with Maker Faire. You are responsible for obtaining any permissions required for your performance, distribution, or posting of copyrighted material; for obtaining any necessary licenses and permits; and for payment of all taxes (including sales and use taxes), license fees, or other charges applicable to your participation in Maker Faire. We may terminate this Agreement and/or your participation in Maker Faire if you violate this Agreement, or the standards of conduct established by us or by the venue proprietor. ACKNOWLEDGEMENT OF RISK. By participating in Maker Faire exhibits and activities, you assume all risks to you and your children of attending and participating in the Maker Faire. You acknowledge that Maker Faire exhibits and activities are inherently hazardous, and that risks to you and your children include physical injury, including death, and property damage and loss. You are solely responsible for supervising and controlling the children in your party and ensuring their safety. RELEASE OF LIABILITY. You hereby release the Promoters, and each of them (including, but not limited to the University of Louisville), from any and all liability, including but not limited to (1) damage to or loss of your property, (2) harm, injury and death to yourself and your children, and (3) all risks resulting from negligent or incorrect instruction or supervision by Promoters or anyone providing a booth or activity. This release is intended to discharge in advance all liability related to your and your children’s participation in the Maker Faire, even though that liability may arise out of negligence, carelessness, or other conduct on the part of Promoters or third parties. This release of liability applies to your successors and heirs. LIMITATIONS ON LIABILITY — INDEMNITY: You agree that we will not be liable in any way to you if we cancel Maker Faire. You waive any claim or potential claim against us if Maker Faire is cancelled, and release us from any resulting or related liability, cost, expense, or damage. Neither you, nor we, our affiliates, or the venue proprietor (collectively, the “Event Providers”) will be liable for lost profits or other indirect, incidental, consequential, or exemplary damages in connection with Maker Faire and/or this Agreement, whether or not such Event Provider or you have been advised of the possibility of such damages or lost profits. Neither party’s liability in connection with Maker Faire, or under this Agreement (except for your indemnity obligations), exceeds three thousand dollars ($3,000). No Event Provider shall be liable to you for any damage, loss, harm, or injury to your person, property, or business, or any of your visitors, officers, agents, or employees, resulting from theft, fire, earthquake, water, unavailability of facilities, any errors or omissions in the Louisville Maker Faire-related materials, insufficient participation, accident, or any other reason in connection with the Louisville Maker Faire or related activities (such as staging), except to the extent directly attributable to our willful misconduct or gross negligence. You agree to indemnify, and hold harmless the Event Providers from and against any claim, cost, expense, loss, liability, or damage incurred as the result of any third-party claim based on (i) your construction or maintenance of an unsafe Exhibit, and/or (ii) your (or your agent’s) negligence or willful misconduct, and/or (iii) your material breach of this Agreement. MISCELLANEOUS: This Agreement constitutes the final, complete, and exclusive agreement between you and us. This Agreement is made in consideration of the parties’ mutual promises contained in it. This Agreement may only be modified by the parties’ express written agreement, signed by both of them. You are an independent contractor and not our agent or employee. This Agreement will be interpreted Kentucky law applicable to contracts made and performed by Kentucky residents in Kentucky. Any action to enforce this Agreement must be brought in the federal or state court located in Louisville, Kentucky, and the parties agree to the exclusive venue and jurisdiction of these courts. You are not permitted to assign or otherwise transfer your rights or obligations under this Agreement to anyone else. The Limitations on Liability section (above) of these Terms and Conditions of Participation, shall survive the termination or expiration of this Agreement. PHOTOGRAPH, RECORDING AND PUBLICITY RIGHTS. You and your Exhibit may appear in recordings of Maker Faire and related promotional or documentary materials. Your rights are waived to any images and/or recordings you may appear in while at the Louisville Maker Faire and any/all related promotional or documentary materials. You acknowledge that the Louisville Maker Faire, including the Exhibit(s), may be recorded in audio, visual, and/or audiovisual media by us and/or our licensees, and you consent to the making and use of such recordings by us and/or our licensees for any purpose, such uses including without limitation the transcriptional, modification, reproduction, public display, distribution, broadcast, and transmission in any form. You release us, and our licensees, from and waive any claims related to or arising by reason of the making and/or use of any such recordings. You grant us and our licensees, the right to use, in connection with the promotion and production of the Louisville Maker Faire, your name, likeness, and any trade name and/or logo. The provisions of this paragraph will survive termination of this Agreement. By signing below, you confirm that you have read this Agreement and that you understand and agree that your compliance with this Agreement is a condition of your participation in the Louisville Maker Faire, and i) if you are signing on behalf of yourself as an individual, you warrant and represent that you are over 18 years of age, and ii) if you are signing on behalf of an organization (including a business), that you are fully authorized to execute this Agreement on behalf of the organization.
