I grant the La Mesa Oktoberfest, its representatives and employees the right to take photographs of me, my pet, and my property in connection with the above-identified subject. I authorize La Mesa Oktoberfest, its assigns and transferees to copyright, use and publish the same in print and/or electronically.
I agree that La Mesa Oktoberfest may use photographs of me or my pet, with or without my name and for any lawful purpose, including (for example) such purposes as publicity, illustration, advertising, and web content.
HOLD HARMLESS AGREEMENT
I hereby agree the above is eligible as entered, and to release and hold harmless the management, or any of its members or agents, and/or the owners or manager of the grounds or location of where the event is held, from any loss, damage, or injury resulting from participation of the above entry in this event. I have read the attached rules and agree they are binding. I will advise all participants. I agree to assume all liability for all conduct of my participants’ vehicle(s). I acknowledge that failure to follow event rules and instructions may result in being banned from future events. (If participant is under 18 years old, parent or guardian must sign this application on the participant's behalf).
RELEASE AND WAIVER OF LIABILITY
Exhibitor hereby agrees to indemnify, defend and hold the La Mesa Oktoberfest, Inc., McFarlane Promotions, Inc., and the La Mesa Village Association, their officers, directors, agents, servants, employees, successors, heirs, executors, administrators, and all other persons, firms, corporations, associations, and partnerships (all hereinafter referred to as “La Mesa Oktoberfest”) harmless from any loss, liability, costs, attorneys’ fees, or damages arising from actual or threatened claims or causes of action resulting from the negligence or intentional actions of La Mesa Oktoberfest or the Exhibitor, or each respective officers, directors, employees, agents, contractors, members, guests, volunteers, or participants, including any indirect, consequential, or punitive damages. Any controversy, claim, or dispute arising from or relating to the Release and Waiver of Liability and/or La Mesa Oktoberfest shall, at the option of La Mesa Oktoberfest, be settled through nonbinding mediation or binding arbitration conducted in accordance with the rules of the American Arbitration Association or through an action brought in any court of competent jurisdiction. In connection with any such mediation, arbitration or court action, including appellate proceedings, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs. THE EXHIBITOR EXPRESSLY WAIVES THE RIGHT TO A TRIAL BY JURY. Any judgment or award rendered by and through arbitration may be entered in any court in the State of California.
The undersigned Participant does hereby warrant the Participant had read this Release and Waiver of Liability and agrees to its terms in consideration of La Mesa Oktoberfest’s acceptance of the Participant’s registration application to participate in La Mesa Oktoberfest 2023. The undersigned gives permission to La Mesa Oktoberfest for the use of any photographs supplied by the Participant, for any information related to the event and to use any photographs taken in connection with La Mesa Oktoberfest and its related events. I have read the above and accept the terms and conditions.