Hold Harmless Agreement
This agreement is for the benefit of the Friends of Old Fort Stevens (herein referred to as FOOFS), the State of Oregon, its Parks and Recreation Department (herein referred to as OPRD), Oregon State Parks and Recreation Commission, and The Army Corp of Engineers.
In consideration for FOOFS providing the undersigned a merchandise vendor booth at a designated FOOFS Summer Music Series Event; l/we, individually, and if a partnership or corporation, on behalf of, will:
1. COMPLY with all rules, regulations and standards established or imposed by FOOFS and OPRD which affect, relate to, regulate or prescribe the manner of set up, maintenance, operation and conducting of the activities at a designated FOOFS Summer Music Series Event. My signature on this document and/or my submission of this application constitutes my knowledge of, understanding of and consent to comply with all rules, regulations and standards. Failure to comply could result in expulsion from current and/or future FOOFS events.
2. CERTIFY that the activites I conduct at a designated FOOFS Summer Music Series Event are and shall be in compliance with all laws and regulations imposed by any governmental authority.
3. WAIVE & RELEASE any rights, claims or damages I may accrue against, and discharge the FOOFS, the State of Oregon, its Parks and Recreation Department, Oregon State Parks and Recreation Commission, and The Army Corp of Engineers, its employees, agents, representatives, sponsors, members and volunteers, for any injuries, loss or damages suffered by me (including damage to my products), my agents, or imposed upon or arising from or in connection with a designated FOOFS Summer Music Series Event, however incurred and regardless of the negligence of those released.
4. I UNDERSTAND the event is held outdoors which may or may not result in damage to my products.
5. HOLD HARMLESS, defend, and indemnify FOOFS, Oregon State Parks and Recreation, and Army Corp of Engineers, its employees, agents, representatives, sponsors, members and volunteers from any loss, liability or claims, and expenses incurred in defending against any claims, loss or liability, including the costs of attorney fees made by the individual or entity as a result of or arising in connection with, out of or in relation to my participation in a designated FOOFS Festival Series Event.
6. SHALL PROVIDE proof of current liability insurance coverage which names the Friends of Old Fort Stevens, the State of Oregon, its Parks and Recreation Department, its Parks and Recreation Commission, the Army Corp of Engineers, and the officers, agents, and employees thereof as additional insureds. The insurance coverage shall have limits of not less than $1,000,000.
7. This is a NON-TRANSFERRABLE agreement between my group/organization and FOOFS.
I UNDERSTAND AND AGREE that FOOFS will not be responsible for refunds to booth fees in the unlikely event that a designated FOOFS Summer Music Series Event is cancelled. The fees will be applied to the same event on the date it is rescheduled.
I EXPRESSLY UNDERTSTAND AND AGREE that this Agreement is intended to be as broad and inclusive as permitted by law, and that this Agreement shall be governed by and interpreted in accordance with the laws of this state, county, city and/or township. I agree that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement.
By signing below, I acknowledge that I have read and understand this Agreement, and agree to its provisions.