In consideration of being allowed to participate as an Exhibitor at the Central Oregon Maker Faire, I acknowledge, understand and agree to the following:
High Desert Makers is an organization in Oregon that has been authorized to host a Maker Faire® in Central Oregon (the “Faire”) under a separate licensing agreement with Make Community, LLC. The Faire will be presented in Bend, Oregon on September 9th and 10th, 2023, at Oregon State University Cascades. The Faire will be a ticketed event that is expected to draw an audience of more than 5,000 children and adults from throughout the region.
Exhibitors are individuals, businesses, groups, or other organizations registered to display their work in reserved exhibit booths, provide demonstrations and/or workshops, conduct presentations or otherwise participate as “makers” at the Central Oregon Maker Faire.
I agree to comply with all applicable laws, the Maker Manual, and any other requirements, and/or rules issued in connection with the Faire. I am responsible for obtaining any permissions required for my 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 my participation in the Central Oregon Maker Faire. I am responsible for providing the Central Oregon Maker Faire with an Exhibitor Participation Agreement and Liability Waiver signed by each individual that I authorize to assist with my Exhibit, and I agree that I will not permit any individual to assist with my Exhibit that has not executed this Agreement and Waiver. I agree that the Central Oregon Maker Faire may terminate this Agreement and/or my/or my organization’s or company’s participation in the Faire if I or any authorized assistant violates this Agreement, or the standards of conduct established by us or by the Venue proprietor.
I hereby indemnify, release and hold harmless High Desert Makers, directors, employees, volunteers, agents, affiliates, subsidiaries, assigns, landlords, lessees, sublessees and employees (their "Representatives") from all claims, losses, damages, suits, demands, actions, judgments, executions, incidents, and against all costs, expenses and liability arising directly or indirectly from any cause whatsoever in connection with my participation as an Exhibitor, including violations of the intellectual property rights of others.
I hereby indemnify, save and hold harmless High Desert Makers, directors, employees, volunteers agents, and students against any and all claims, damages, liability and court awards, including cost, expenses and attorney fees, including any and all liability for injury or damage including, but not limited to, bodily injury, personal injury, emotional injury or property damage which may result from any person using the Facilities, its entrances, exists, and surrounding areas.
I agree to assume full responsibility for any and all injuries or damages that I cause directly or indirectly or that I may sustain or cause others to sustain in connection with my participation as an Exhibitor, and to indemnify, defend and hold harmless the Released Parties and their directors, agents, affiliates, subsidiaries, assigns, landlords, lessees, sublessees and employees from and against any liability arising from such injuries or damages.
I agree that the Central Oregon Maker Faire will not be liable in any way if it cancels the Faire for any reason at any time, and waive any claim or potential claim if the Faire is canceled, and hold harmless the Released Parties from any resulting or related liability, cost, expense, or damage. I agree the Released Parties will be not be liable for lost profits or other indirect, incidental, consequential, or exemplary damages in connection with the Faire and/or this Agreement. I agree the Released Parties will not be liable to me/my organization or company for any damage, loss, harm, injury or death to a person, property, or business, or any visitors, officers, agents, or employees, resulting from theft, fire, earthquake, water, unavailability of facilities, any errors or omissions in Faire-related materials, insufficient participation, accident, or any other reason in connection with the Faire or related activities (such as staging). I agree to indemnify and hold harmless the Released Parties from and against any claim, cost, expense, loss, liability, or damage incurred as the result of any third-party claim based on (i) my or an authorized assistant’s construction or maintenance of an unsafe Exhibit, and/or (ii) my or an authorized assistant’s negligence or willful misconduct, and/or (iii) my or an authorized assistant’s material breach of this Agreement.
MISCELLANEOUS: This Agreement (including the Maker Manual and any accompanying Addendum) 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 under Oregon law. Any action to enforce this Agreement must be brought in the federal or state court located in Redmond, OR, 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.
I acknowledge that the Faire, including me, all authorized assistant’s and my/my organization’s or company’s Exhibit(s), may be recorded in audio, visual, and/or audiovisual media by the Central Oregon Maker Faire and/or its licensees, and I consent to the making and use of such recordings by the Central Oregon Maker Faire and/or its licensees for any purpose, such uses including without limitation the transcription, modification, reproduction, public display, distribution, broadcast, and transmission in any form. I release the Central Oregon Maker Faire and its licensees from and waive any claims related to or arising by reason of the making and/or use of any such recordings. I/my organization or company grant the Central Oregon Maker Faire and its licensees the right to use in connection with the promotion and production of the Faire, my/authorized assistant’s name, likeness, and any trade name and/or logo. The provisions of this paragraph will survive termination of this Agreement.
I acknowledge, understand and agree that I am a voluntary Exhibitor under the terms and conditions outlined and in the Central Oregon Maker Faire Maker Manual, and I acknowledge, understand and agree that I shall comply with all stated and customary terms, posted safety signs, rules, and written and verbal instructions as conditions for my participation in the Central Oregon Maker Faire.
My name and signature below indicate that I have read this Participation Agreement and Waiver of Liability, and that I acknowledge, understand, agree and consent to each and every provision of this Waiver. 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 or company that you are fully authorized to execute this Agreement on behalf of the organization/company.