2017 ART AND WINE FUSION - WAIVER AND RELEASE OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
To register as a vendor in Art & Wine Fusion you must read and accept the terms of the following agreement.
A – Release of Liability - In consideration of your permitting my participation as a vendor at the 2017 ART AND WINE FUSION (the “Festival”) held in Rheingarten Park, White Salmon, Klickitat County, Washington on July 22, 2017. I, the undersigned, on behalf of myself, my heirs, legatees, executors, administrators, and all assignees, personal representatives and legal representatives, or as officers of a corporation duly authorized to execute this agreement on behalf of the corporation I bind the same to its terms on behalf, do HEREBY DISCHARGE, WAIVE, RELEASE, AND HOLD HARMLESS from any and all rights, claims, demands, and causes of actions of every kind whatsoever for any for damages, death, personal injuries, or loss of property I or the corporation I am representing may have, or which may accrue to me or my consideration, known or unknown, foreseen or unforeseen, as a result of my participation in the Festival.
B – Assumption of Risk - Furthermore, I agree to ASSUME ALL RISKS, WHETHER KNOWN, UNKNOWN, ANTICIPATED, OR UNANTICIPATED, AND I AGREE TO FOREVER RELEASE the 2017 ART & WINE FUSION FESTIVAL and its employees, volunteers, agents, directors, officers, and assignees, event officials sponsors, contributors, and their respective agents, boards, commissions, the Washington State Transportation Commission, the Washington State Department of Transportation, the Washington State Patrol, and their officers, agents and employees, and any other involved representatives of the aforementioned (collectively, the “Releasees”), who through negligence and/or other actions or inactions might otherwise be liable to me, including any costs or expenses (particularly including but not limited to, attorneys' and other professionals' fees).
C – Indemnification - I agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Releasees for, from and against any and all liability and responsibility whatsoever, however caused, for any and all damages, claims, or causes of action that I, my estate, heirs, administrators, executors, or assigns or corporation may have for any loss, personal injury, or death to any person, organization, whether they are a release or another entity, arising out of, connected with, or in any manner pertaining to my participation in the Festival, my use of the vendor area or while in, on or upon the premises where the Festival is being conducted due to the negligence or unintentional acts of myself, my employees, my subcontractors, or independent contractors or invitees or helpers who are there because of my presence. I further agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Releasees from all liability incurred as a result of any lack of authority on my part to make this release, to assume such risk, or to sign this Agreement. I further agree if any demand is made or lawsuit indicated to which the terms of this agreement are applicable then my duty and my corporation’s duty to indemnify shall begin the moment said demand is made that I agree to pay for all attorney fees, expert fees and deposition and other costs as they become due.
D – Agreement in General - This waiver and release of liability and indemnification agreement is INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER WASHINGTON LAW. If any portion of this agreement is determined to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the validity, legality and enforceability of any other provision hereof. This agreement shall be governed by and controlled by the laws of the State of Washington.
I understand that by accepting this document I, or the corporation for whom I am accepting, am expressing my intention to waive valuable legal rights that I or the corporation now possess or might possess in the future. I am accepting this document of my own free will. I intend that this release of liability, assumption of risk and indemnity agreement shall be binding on me and my corporation and on anyone else making a claim on my behalf. No oral representation, statements, or inducements, apart from the foregoing written agreement, have been made. I am at least eighteen (18) years of age and fully competent, and have my corporation found I execute this release for full adequate, and complete consideration, fully intending to be bound by same. I have read this agreement and fully agree to be bound by its terms.
Artist/Vendor/Exhibitor Acceptance (if accepting for a company you must include the name of the company, your position with the company, and you must accept on behalf of both yourself and the company).