Spring Daze Arts & Crafts Festival 2018 Agreement The Town of Cary sponsors and hosts the annual Spring Daze Arts & Crafts Festival (“Festival’). The Town provides space for artists, restaurateurs, and other exhibitors to offer their artistic works and culinary creations (“Works”) for sale to the public. The Town also provides additional space to cultural organizations so that these organizations can educate the public on their respective causes and areas of interest. These “Exhibitors” are provided with assigned spaces for the duration of the two-day Festival. I, the undersigned, desire for myself to be such an Exhibitor and to be granted space at the Festival in order to exhibit my Works and/or materials to the public. Acknowledgement of Risk. I understand that there are risks inherent in participating in the Festival, including, but not limited to: Exhibiting in proximity to other Exhibitors and the public in general; Exhibiting in inclement weather, including excessive heat; Working with or in proximity to vehicles or equipment; The possibility of slips, trips and falls; Depending on the nature of my trade, dangers from repetitive motions or heaving lifting; The risk of bodily injury, disability or even death. I choose for myself to be an Exhibitor at the Festival despite the risks. By signing this form, I acknowledge all such risks of injury, illness, and death and affirm that I have assumed all responsibility for the same. Video/Photograph Release. I hereby grant the Town the irrevocable right and permission to take photographs and/or video recordings of me and my Works at the Festival and to use any photographs or videos taken of me or my Works for any Town-related purposes, to copyright the same, and to use my name in connection therewith, without compensation to me. I waive the right to approve any final product and I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of the Town. Waiver. In return for the opportunity to participate in the Festival, I, for myself and for my heirs, assigns, executors, and administrators, release, waive, and discharge and agree to indemnify and hold harmless Town of Cary, its officers, employees, and agents, from and against any and all claims, damages, losses, or expenses, including attorneys’ fees, for injury, illness, or death resulting from or arising out of my participation in the Festival or the taking or use of any photographs or videos as described above. I covenant not to sue the Town of Cary, its officers, employees, and agents for claims, damages, losses, or expenses, including attorneys’ fees, regarding injury, illness, or death to me resulting from participation in Festival. Further Acknowledgements. I agree to follow all applicable local, state, and federal laws, ordinances, rules, and regulations, including all rules and procedures that apply to the Festival, and to follow the reasonable instructions of Town staff. I acknowledge that the Town does not provide insurance or worker’s compensation coverage for Exhibitors. I hereby certify that I have the right to exhibit, offer, sell, and otherwise utilize the Works, and materials I shall exhibit at the Festival. I further certify that I possess any and all required licenses, permits, and approvals to do the same. I acknowledge and agree that, by selecting the "Yes, I Agree" button, I am signing this Acknowledgement of Risk, Release and Waiver form electronically. I agree that my electronic signature is the legal equivalent of my manual signature on this form. By selecting " Yes, I Agree," I consent to be legally bound by this form’s terms and conditions. I further agree that my use of a key pad, mouse, or other device to select the “Yes, I Agree” button constitutes my signature, acceptance, and agreement as if actually signed by me in writing. I also agree that no certification authority or other third party verification is necessary to validate my electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of the resulting contract between myself and the Town of Cary. I also represent that I am authorized to execute this form on behalf of the above-identified persons or entities and that such persons or entities will be bound by the terms of this form.  I have read this Acknowledgement of Risk, Release and Waiver thoroughly and understand its terms. I have been able to ask questions about the Festival and all such questions have been answered to my satisfaction. I EXECUTE THIS ACKNOWLEDGEMENT OF RISK, RELEASE AND WAIVER VOLUNTARILY AND UNDERSTAND THAT BY SELECTING THE “YES, I AGREE” BUTTON, I SIGNING THIS FORM AND AM WAIVING LEGAL RIGHTS.