RELEASE AND INDEMNIFICATION: In consideration of Competitor’s acceptance to participate in the Event, Competitor hereby voluntarily assumes responsibility for and releases, waives, acquits, and forever discharges the Chamber and the City of Waco, Texas and their respective boards of directors, officers, agents, employees, members, sponsors, contributors, and volunteers (collectively, the “Releasees”), of and from, and agrees not to sue the Releasees on account of any and all liability, demands, losses, claims and damages of every kind, whether now or hereafter existing, arising out of, or in any way connected, directly or indirectly, with the Event or Competitor’s participation in the Event, WHETHER ARISING OUT OF, ATTRIBUTED TO, OR CAUSED OR ALLEGED TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE (SOLE, JOINT, CONCURRENT, ACTIVE OR PASSIVE), GROSS NEGLIGENCE, INTENTIONAL CONDUCT OF ANY OF THE RELEASEES.
Competitor further agrees to indemnify, defend, and hold harmless the Releasees from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses, including but not limited to reasonable attorney fees, for injury, death, loss or damage of whatever nature to any person, property, or any other claim resulting from, arising out of, or in any way related to (i) Competitor’s use and occupancy of the Premises, (ii) Competitor’s participation in the Event, or (iii) any act or omission of Competitor, its agents, employees, or independent contractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts or omissions any of them may be liable, WHETHER ARISING OUT OF, ATTRIBUTED TO OR CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE NEGLIGENCE (SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, OR INTENTIONAL CONDUCT OF ANY OF THE RELEASEES.
In executing this Contract, Competitor acknowledges and represents that Competitor has read the foregoing Contract including the foregoing Release of Liability and Indemnity agreement and will be bound by this Contract when submitting an application. Competitor acknowledges that failure to comply with rules and regulations here within this Contract with result in half payment or no payment, and/or disqualification from The Texas Food Truck Showdown. Competitor further acknowledges that all fees paid by competitor are non-refundable.