Chambers County Youth Project Show Exhibitor Agreement

Thank you for participating in the Chambers County Youth Project Show (“CCYPS”). Chambers County, Texas (“Auctioneer”), is facilitating the potential sale of certain livestock and/or animals (“Animals,” or individually, an “Animal”) from Exhibitor Parties, as defined below, to potential buyers through the CCYPS Auction (“Auction”) and Barn Sale (“Barn Sale”) held at Whites Park, 225 Whites Park Road, Anahuac, Texas 77514. Exhibitor Parties desire to register one or more Animals for potential sale to Buyers in accordance with the terms of this Exhibitor Agreement (“Agreement”). Any registration or entry information submitted by or on behalf of the Exhibitor in connection with CCYPS (“Registration”) is incorporated into and made a part of this Agreement.

“Auction Sales Price” means the amount of the bid accepted by Auctioneer from a Buyer for an Animal sold at the Auction.“Auctioneer” means Chambers County, Texas, a body corporate and politic under the laws of the State of Texas, and its representatives, but does not include any other agency or group affiliated with Chambers County, Texas.“Barn Sales Price” means the amount for which an Animal is placed for sale in the Barn Sale, as determined by Exhibitor Parties during Registration.“Buyer” means any person who has registered under the Chambers County Youth Project Show Bidder Registration and Agreement (“Bidder Registration Agreement”), regardless of whether that person purchases an Animal at the Auction or Barn Sale.“Exhibitor” means each person registered with Auctioneer to sell an Animal at the Auction or Barn Sale. The Exhibitor shall be identified through the Registration associated with each Animal.“Exhibitor Parties” means, collectively, the Exhibitor and the parent/legal guardian identified in the Exhibitor Information section of this Agreement.“Sales Price” means the Auction Sales Price or Barn Sales Price, as applicable.

Exhibitor Parties grant Auctioneer authority to sell Animals on behalf of Exhibitor Parties in accordance with the terms of this Agreement. Exhibitor Parties understand and agree, however, that Auctioneer’s role is solely to facilitate transactions between Exhibitor Parties and Buyers through the Auction and Barn Sale and that Auctioneer is not liable for damages of any kind related to any transaction between Exhibitor Parties and a Buyer.

Exhibitor Parties’ Animal(s) may be placed for sale in an auction format in which Buyers may submit bids. Auctioneer shall have the option to accept any bid placed by a Buyer, and Exhibitor Parties agree to sell such Animal(s) for the Auction Sales Price and in accordance with the terms of this Agreement. Notwithstanding anything to the contrary contained herein, Auctioneer, in its sole discretion, shall have the right to reject or refuse any bid from any Buyer for any reason. All discrepancies, including but not limited to the amount of a bid or the identity of the winning bidder for an Animal, shall be determined by Auctioneer in its sole discretion.

Animals not sold at the Auction may be placed for sale in the Barn Sale for the Barn Sales Price if Exhibitor Parties elect during Registration to place the Animal(s) for sale in the Barn Sale. Exhibitor Parties agree to sell such Animal(s) for the Barn Sales Price and in accordance with the terms of this Agreement.

Exhibitor Parties grant and convey to Auctioneer all right, title, and interest owned by Exhibitor Parties in and to any and all claims for sums of money due or to become due from any Buyer to Exhibitor Parties related to the transactions described in this Agreement. Exhibitor Parties further authorize Auctioneer to take all necessary steps to collect such sums. All sums owed to Exhibitor Parties by a Buyer and collected by Auctioneer hereunder, less any applicable expenses of collection, shall be conveyed by Auctioneer to Exhibitor Parties following collection.

Title to any Animal sold hereunder shall pass to the Buyer when the Sales Price and any other amounts owed by the Buyer to Exhibitor Parties or Auctioneer are received by Auctioneer.All sales are final.

All rules applicable to the Auction, Barn Sale, and Chambers County Youth Project Show that are published or otherwise made available by Chambers County or CCYPS, including the applicable CCYPS Rulebook (collectively, the “Rules”), are incorporated into and made a part of this Agreement. Exhibitor Parties agree to comply with such Rules and consent to and approve all applicable terms contained in the Bidder Registration Agreement. Auctioneer has the right to amend such Rules at any time without notice. Auctioneer reserves the right to refuse or retract an entry of Exhibitor Parties at any time for any reason.

Exhibitor Parties represent and warrant that they:Have good and marketable title to each Animal registered by or on behalf of the Exhibitor;Have not administered, and have no knowledge that any registered Animal has received, any substance not approved by the U.S. Food and Drug Administration and/or the U.S. Department of Agriculture for food animals; andWill ensure that each registered Animal is free of all drug and chemical residues upon arrival at the Show Grounds and remains free of all drug and chemical residues while on the Show Grounds.If an Animal registered by Exhibitor Parties requires emergency treatment while on the Show Grounds, Auctioneer, in its sole discretion, may determine, direct, or administer treatment to the Animal. All treatment costs and expenses shall be the responsibility of Exhibitor Parties. Such treatment may result in disqualification, as determined by Auctioneer in its sole discretion.Auctioneer reserves the right to condemn and/or disqualify any Animal, whether live or slaughtered, found to be in violation of the drug or chemical requirements described above. In such an event, Exhibitor Parties shall forfeit and return all amounts received by Exhibitor Parties from Auctioneer or a Buyer upon Auctioneer’s demand.The risk of loss or injury to an Animal passes to the Buyer once the Buyer’s bid is accepted by Auctioneer in the case of the Auction, and once the Buyer signs the Bid Card or similar form related to the Barn Sale in the case of a Barn Sale transaction.Any amounts owed by Exhibitor Parties to Auctioneer under this Agreement may be offset by Auctioneer.

Exhibitor Parties recognize and understand that there are risks associated with entry into and participation in the activities described in this Agreement, including, but not limited to, bodily injury or death and damage to property or privacy rights. Exhibitor Parties further acknowledge that they will be liable for all damage to persons, livestock, or property caused by them, their Animals, or any persons for whom they are responsible, including minors, arising out of or related to Exhibitor Parties’ entry into and participation in the activities described herein. Under Chapter 87 of the Texas Civil Practice and Remedies Code, a farm animal professional is not liable for an injury to or the death of a participant in farm animal activities resulting from the inherent risks of farm animal activities. Auctioneer is not liable for an injury to or the death of a participant, including but not limited to Exhibitor Parties, in a livestock show resulting from the inherent risks of livestock show activities.

Exhibitor Parties hereby release, acquit, and forever discharge and agree to defend, indemnify, and hold harmless Auctioneer; its present and former employees, agents, attorneys, and representatives; and their respective heirs, administrators, executors, successors, and assigns (collectively, the “Auctioneer Parties,” or individually, an “Auctioneer Party”) from any and all claims, causes of action, suits, and/or demands for personal injury, death, or property damage, whether accrued or to accrue in the future, known or unknown (collectively, “Claims”), relating to or arising out of any negligent, grossly negligent, and/or intentional or unintentional acts on the part of either of the Exhibitor Parties in connection with entry into and participation in the activities described herein. Without limiting the foregoing, Exhibitor Parties agree that Auctioneer Parties shall not be liable to Exhibitor Parties or Exhibitor Parties’ family, heirs, administrators, executors, or assigns for Claims arising from or related to Exhibitor Parties’ entry into and participation in the activities described herein. In all events, Auctioneer Parties shall not be liable, whether as a result of breach of contract, warranty, tort (including negligence), or other grounds, for any special, consequential, incidental, or penal damages to Exhibitor Parties. Exhibitor Parties agree to release, acquit, and forever discharge and shall defend, indemnify, and hold harmless Auctioneer Parties against the consequences of Auctioneer Parties’ own negligence, regardless of whether such negligence was the sole, proximate, or producing cause of the Claims.

Exhibitor Parties grant permission to be photographed or interviewed in connection with the activities described in this Agreement. Exhibitor Parties understand that photographs, video, recordings, or interviews may be used by Auctioneer for television, film, video, visual, digital, social, or printed media. Exhibitor Parties agree to release and indemnify Auctioneer Parties from any Claims related to photographs, recordings, or interviews made or used by Auctioneer Parties or the media.

Exhibitor Parties agree that this Agreement shall be binding upon Exhibitor Parties and their heirs, executors, successors, and assigns. This Agreement shall be governed by the laws of the State of Texas. Jurisdiction and venue for any dispute regarding this Agreement shall lie in Chambers County, Texas.If any term or provision of this Agreement is determined to be invalid or unenforceable, that determination shall not affect the validity or enforceability of the remainder of this Agreement.This Agreement controls notwithstanding any conflicting terms or conditions contained in any other agreement between the parties. Exhibitor Parties agree to all terms and conditions contained herein and acknowledge receipt of this Agreement. Time is of the essence as it relates to the terms and obligations described herein. Unless otherwise stated in this Agreement, Exhibitor Parties shall not assign any rights hereunder without the prior written consent of Auctioneer. Auctioneer may assign its rights hereunder.