VEHICLE PARTICIPATION AGREEMENT
RELEASE OF LIABILITY / ASSUMPTION OF RISK AND INDEMNIFICATION
For purposes of this agreement (the “Agreement”), “Event” or “Festival” means the 2026 Cattle Country Music Festival, promoted and produced by Wine Country Festival, LLC (referred to herein as the “Promoter”). In consideration of the opportunity to participate in the Event (including, but not limited to, displaying the Tractor Unit(s) identified above), Participant hereby acknowledges and agrees that:
1. DRIVERS’ LICENSE: Participant warrants and represents that he/she has (and will maintain) a valid, unsuspended drivers’ license (sufficient to legally operate the Vehicle(s) identified above) at any time Participant drives, delivers, or otherwise operates the Vehicle.
2. INSURANCE: Participant warrants and represents that anyone who will be driving or otherwise operating the Vehicle has (and will maintain) minimum and adequate insurance coverages required of all drivers by Texas law (with coverage for personal injury, property damage, and uninsured/underinsured motorists).
3. AUTHORIZATION TO RECORD AND TO USE RECORDINGS, NAME AND LIKELINESS. Participant hereby grants Promoter, and each of its sponsors, affiliates, subsidiaries, successors, assigns, agents and licenses (collectively the “Recorders”) permission to photograph, video record and otherwise record my image, voice, and the image of the Vehicle (collectively the ‘Recording’) and to perpetually use the Recording, my name and my likeliness in any manner or media and for any purposes without any additional consideration. I shall have no right of approval and no legal claim arising out of any use or editing of the Recording, my name or my likeliness. The Recorders shall have no obligation to use any of the rights I grant. I represent that it is not necessary for the Recorders to obtain permission from or to pay any third party in connection with the rights granted in this paragraph.
4. RELEASE OF LIABILITY / ASSUMPTION OF RISK: PARTICIPANT, on behalf of himself/herself and on behalf of Participant’s heirs, estate, insurers, successors and assigns, hereby RELEASES and agrees to HOLD HARMLESS Wine Country Festival, LLC, and Gonzales County and each of their respective officers, directors, shareholders, employees, agents and representatives (collectively referred to herein as the “Released Parties”) with respect to any and all claims or causes of action Participant may have arising from participation in the Event, including for damages for personal or bodily injury, disability, death, loss or damage to person or property relating in any way to the Event, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law. Without limiting the generality of the foregoing, Participant waives any and all claims for theft, breakage, and/or other damage to Participant’s Vehicle (including any of the contents therein). PARTICIPANT, IN PARTICIPATING AND/OR PROVIDING SERVICES AT THE FESTIVAL, IS DOING SO AT THE PARTICIPANT’S OWN RISK. PARTICIPANT ASSUMES FULL RESPONSIBILITY FOR ANY INJURIES OR DAMAGES THAT MAY OCCUR TO THE PARTICIPANT IN, ON, OR ABOUT THE FESTIVAL AND ITS PREMISES.
5. INDEMNIFICATION: Participant hereby agrees to indemnify, defend, and forever save and hold harmless the Released Parties from and against any and all damages, claims, losses, obligations, liabilities, actions, and/or causes of action which any of the Released Parties suffer or incur to the extent arising directly or indirectly out of or in connection with (i) Participant’s negligence and/or willful misconduct; and (ii) any claim by any third party which shall be inconsistent with any agreement, warranty, or representation made by Participant in this Agreement.
PARTICIPANT REPRESENTS AND WARRANTS THE FOLLOWING: (A) HE/SHE HAS READ THIS AGREEMENT AND UNDERSTANDS THE TERMS OF THIS AGREEMENT; (B) HE/SHE UNDERSTANDS THAT PARTICIPANT IS GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT; (C) HE/SHE IS AT LEAST 18 YEARS OF AGE; AND (D) IN EXECUTING THIS AGREEMENT, HE/SHE RELIED WHOLLY UPON HIS OR HER OWN JUDGMENT, BELIEF, AND KNOWLEDGE OF THE FESTIVAL AND POTENTIAL FOR INJURY AND/OR DAMAGE.
By Signing below you accept terms of this agreement