hereinafter referred to as “Participant” and the Pittsburg Chamber of Commerce, its officers, directors, employees, agents, and representatives, all hereinafter referred to as “the Chamber.” IN CONSIDERATION FOR THE PARTICIPATION in the 2019 PITTSBURG SEAFOOD & MUSIC FESTIVAL, the parties hereby agree as follows:
1.Participant hereby releases, waives, and forever discharges both the Chamber and the City of Pittsburg from any and all claims, demands, causes of action, damages, losses, costs, attorney’s fees and expenses of any kind or nature whatsoever known or unknown which Participant have or may have against either the Chamber and/or the City of Pittsburg resulting in any way from Participant’s involvement in or merely attendance at the Pittsburg Seafood Festival.
2.Participant hereby agrees to indemnify, hold harmless, and defend both the Chamber and the City of Pittsburg from and against all past, present and future claims, demands, causes of action, obligations, losses, liens, costs, expenses, attorney’s fees, liabilities, injuries and damages of any kind or nature whatsoever brought by any person or entity arising out of or connected in any way with Participant’s involvement in or attendance at the Pittsburg Seafood & Music Festival, whether caused solely or partially by a Participant or any other person or entity.
3.This Agreement may be pleaded as a fully and complete defense to any action or proceeding, as the basis for abatement of, or injunction against, such action or other proceedings, and as the basis of a cross-complaint for damages. Participant’s specifically waives his or her rights under California Civil Code 1542, which provides as follows:
“A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
4.This Agreement shall be interpreted in accordance with and governed in all respects by the laws of the state of California with venue agreed to be in Contra Costa County, California. Moreover this Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, trustors, trustees, beneficiaries, predecessors, successors, assigns, partners, principals, agents, and all persons or entities connected in any way with Participant without limitation. If any provision or any part of the Agreement shall, for any reason, be held to be invalid, unenforceable or contrary to the public policy or any law, then the remainder of this Agreement shall not be affected thereby.
5.Each party has read and understands this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT and has voluntarily signed the same.
Hold Harmless Agreement
Booth Vendor shall be solely responsible for any and all injuries to persons or damages to property or any other injury, claim, damage or loss of whatever nature, arising from or related to the Festival. Booth Vendor shall indemnify, save and hold harmless the Pittsburg Chamber of Commerce and the City of Pittsburg, its employees, agents and volunteers from and against all liability, loss, damages, claims, costs, and expenses (including reasonable attorney's fees) arising out of injury to person (including death) or damage to property or any other injury, claim, damage, loss, cost or expense arising from the Festival performed by vendor including, but not limited to, any negligence, act or omission of vendor.
Memorandum of Understanding
I understand that the Pittsburg Chamber of Commerce, its Board of Directors, staff and the City of Pittsburg will not be responsible for any lost, stolen, or damaged materials and/or merchandise. I have read and fully understand and agree to comply with the policies and procedures included in this application. My submission of this application constitutes a digital signature. I understand that violation of the rules and procedures will result in my removal from the Festival without refund.
If your application is accepted, you will receive additional information regarding fee payment, location, I hereby agree to the above and wish to submit my application.