SECTION 4: AGREEMENT
THIS INDEMNITY AGREEMENT made and entered this 
* by and between (Vendor) and Happy Birthday America.
WITNESSETH:
In consideration of the sum of One Hundred Dollars ($100.00) per space cash in hand paid in good and valuable consideration not herein specifically set forth, the receipt of all of which is hereby acknowledged; (Vendor), hereby agrees to indemnify and hold harmless Happy Birthday America its agents, contractors, employees and volunteers for injury or damages to persons or property, for any and all other liability, loss, damages, cost or expenses, including attorney fees, incurred to defend against claims or to enforce the terms of this agreement incurred by Happy Birthday America or any third party in connection with the participation of the Vendor, its agents, contractors, employees and volunteers in the Happy Birthday America Celebration commencing on July 3, 2025 and terminating on July 4, 2025.
It is also expressly understood by the parties to this Contract, that the City of Staunton, Virginia, a municipal corporation, is not a party to this Contract and is not liable for the performance or breach of any provision hereof; and the participants also agree to indemnify and hold the City of Staunton harmless for injury or damages to persons or property by reason of their participation in the event.
By signing below, the undersigned agrees that Happy Birthday America (“HBA”) will not be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic
(including the COVID-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, change in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy ( “Force Majeure Event”). The Parties hereby acknowledge that while current events related to the COVID-19 pandemic are known, future impacts of the outbreak are unforeseeable and shall be considered a Force Majeure Event to the extent that they prevent the performance of HBA’s obligations under this agreement. If HBA cancels the event due to a Force Majeure Event, the undersigned acknowledges and agrees that there will be no refund for the fees paid to participate in such event, and the undersigned shall forfeit any such fees and hold HBA harmless for the same.
By signing and dating this agreement, I/We acknowledge that I/we have read, fully understand and agree to all of the terms stated and that I/we are authorized to do so.