I, "Participant/Exhibitor” do hereby represent that I am authorized to provide the waiver, release, assumption of risk and indemnity representations stated herein and all the information provided is accurate. I have been given permission by the OXNARD PERFORMING ARTS CENTER to participate in the RESCUECON (“Event”) as a participant/food/craft/arts/artist/facilitator/exhibitor on Saturday, February 23, 2019, and Sunday February 24, 2019.
As an Exhibitor, I acknowledge, accept and agree that the CITY OF OXNARD AND OXNARD PERFORMING ARTS CENTER is providing space and/or facilities for me to set up a food/craft/arts/artist/facilitator/exhibitor area and such space and/or facility is being provided “AS IS.”
As a condition of participating in the Event, Participant/Exhibitor hereby releases the City of Oxnard and the Oxnard Performing Arts Center, its officials, officers, directors, employees, agents, volunteers, and sureties, and each of them, and agrees to indemnify and hold the City of Oxnard and the Oxnard Performing Arts Center, its officials, officers, directors, employees, agents, volunteers, and sureties harmless from and against any and all loss, liability, damage (including personal property), including but not limited to reasonable attorney, consultant and expert fees and/or court costs, directly or indirectly arising out of or in connection with Participant/Exhibitor participation in the Event, except for the gross negligence and willful misconduct of the City of Oxnard or the Oxnard Performing Arts Center, its elected officials, officers, directors, employees, agents and designated volunteers. The foregoing agreement to indemnify shall continue in full force and effect notwithstanding the conclusion of Participant/Exhibitor’s participation in the Event.
The duty to defend is a separate and distinct obligation from Participant/Exhibitor’s duty to indemnify. Participant/Exhibitor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the Indemnified Party immediately upon tender to Participant/Exhibitor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by the Indemnified Party shall not relieve Participant/Exhibitor from its separate and distinct obligation to defend the Indemnified Party. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if Participant/Exhibitor asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnified Party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of the Indemnified Party, Participant/Exhibitor may submit a claim to Oxnard Performing Arts Center for reimbursement of reasonable attorneys’ fees and defense costs.
I HAVE CAREFULLY READ THIS ENTIRE DOCUMENT AND UNDERSTAND ITS TERMS AND THEIR LEGAL SIGNIFICANCE. THIS WAIVER, RELEASE AND INDEMNIFICATION IS FREELY AND VOLUNTARILY GIVEN WITH THE UNDERSTANDING THAT RIGHT TO LEGAL RECOURSE AGAINST THE CITY AND THE PERFORMING ARTS CENTER IS KNOWINGLY GIVEN UP IN RETURN FOR ALLOWING MY PARTICIPATION IN THE EVENT. MY SIGNATURE IS INTENDED NOT ONLY TO BIND MYSELF, BUT ALL SUCCESSORS, HEIRS, REPRESENTATIVES, ADMINISTRATORS, AND ASSIGNS. NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THIS WRITTEN AGREEMENT HAVE BEEN MADE.