Please sign the Participant Agreement(s) below for the Fair(s) for which you have selected above.
THIS AGREEMENT, dated January 1, 2017 is between Intercultural Festival and the signatory at the end of this agreement (“Participant”). Participant will be participating in the Intercultural Festival on the date(s) selected above (the “Event”). This Agreement must be signed by Participant and submitted to Intercultural Festival at least one (1) week prior to the first Event in which Participant will participate.
Term: This Agreement will be effective for the Event in which the Participant participates. This Agreement may be terminated by Intercultural Festival with or without cause immediately upon notice to Participant. Participant and its employees, personnel, and agents agree to be bound by the terms of this Agreement and all Event rules, regulations, and directives.
Safety: Participant will act with the highest regard for the safety of the attendees and other participants of the Event, and will adhere to all laws, policies, rules, and regulations applicable to the goods and/or activities of Participant, including obtaining all licenses, permits, and approvals that may be required to enable Participant to conduct its activities at the Event and fulfill its obligations under this Agreement.
Liability: Intercultural Festival will not be responsible for any loss or damage to Participant’s property, injury to, or death of the Participant (or its agents, employees, and/or personnel), or Participant sales. Participant expressly assumes all risks of loss, damage, liability, injury, or destruction resulting from any cause whatsoever, including but not limited to acts or omissions by Participant, and hereby releases and waives any claims against Intercultural Festival related to such loss, damage, liability, injury, and/or destruction.
Insurance: Participant represents that it has, or will have at the time of the Event, appropriate insurance to cover liability for the types of activities Participant will conduct at the Event. Participant covenants to be fully responsible for any of its liabilities, actions, or omissions, and will indemnify, defend, and hold Intercultural Festival (and its officers, employees, agents, vendors, affiliates, and representatives) harmless against any claims related to Participant’s liabilities, actions, or omissions.
Cancellations: The event will proceed regardless of the weather. If there is a cancellation:
By Intercultural Festival: If a cancellation of the Event by Intercultural Festival is necessary due to unforeseen circumstances, acts of a third party, or other circumstances which (in Intercultural Festival’s sole judgment) may compromise the safety of Event participants, then the Event will not be rescheduled and there will be no refunds to Participant.
Participant and its agents, employees, personnel, and/or independent contractors who participate in the Event agree to be bound to this Agreement. The terms of this Agreement, including any waivers, inures to the benefit of Intercultural Festival and its affiliates and Event co-producers and sponsors.
The validity, interpretation, construction, and enforcement of this Agreement will be governed and controlled by the laws of the State of Iowa, without regard to its rules with respect to the choice of law. Any dispute arising out of or related to this Agreement must be brought in federal or state court in Linn County and the parties hereby consent to the exclusive jurisdiction and the venue of such forum. This Agreement, and any rules and regulations provided to Participant by Intercultural Festival or Intercultural Festival’s affiliates, will contain the entire Agreement and understanding between the parties hereto with respect to participation in the Event. If any term is contrary to law then that term will be severed and the remainder of the Agreement will remain in force.