Celebration of the Arts 2018 (COA) Agreement

Cancellations must be received by May 4, 2018. 

After this date, no refunds shall be issued for any reason, including but not limited to inclement weather, act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods),etc.

Exhibiting artists agree to waive and relinquish all claims that they may have for injuries or damages, as a result of participating in the program or using the facilities or equipment against Arts Council of Midland and its officers, agents, servants, employees, other volunteers, and affiliates.  Exhibiting artists do hereby release and discharge Arts Council of Midland and its officers, agents, servants, employees, volunteers and affiliates from any and all claims for injuries, including death, damages, property damage, or loss which may have or may in future accrue to them on account of participating in or volunteering for Arts Council of Midland. Exhibiting artists further agree to indemnify and hold harmless and pay defense costs and defend Arts Council of Midland and its agents, servants, employees, other volunteers, and affiliates, from any and all claims resulting from injuries, including death, damages, property damage, or loss sustained by them and arising out of, connected with, or in any way associated the activities of the program of the use of facilities or equipment including but limited to the ordinary negligence of Arts Council of Midland, its officers, agents, servants, employees, volunteers and affiliates. All these provisions are equally applicable in indemnifying and protecting Wall Street Lofts and Greystar,  its officers, agents, servants, employees, volunteers and affiliates or any other lessor, renter or owner of lands on which Celebration of the Arts and its related activities are held.  

THE EXHIBITING ARTIST UNDERSTANDS AND ACKNOWLEDGES THAT THE CLAIMS BEING RELEASED HEREIN INCLUDE, WITHOUT LIMITATION, CLAIMS, IF ANY, BASED ON OR IN ANYWAY RELATED TO THE NEGLIGENCE OR GROSS NEGLIGENCE OF ARTS COUNCIL OF MIDLAND AND THE MIDLAND COUNTY HORSESHOE ARENA & PAVILION OR ITS OFFICERS, DIRECTOR, EMPLOYEES, OR AGENTS. The Exhibiting Artist expressly agrees that this Release and Waiver of Liability is intended to be as broad and inclusive as permitted by the laws of the State of Texas and that it shall be governed and interpreted in accordance with the laws of the State of Texas. Furthermore, the Exhibiting Artist expressly agrees that if any one or more of the provisions contained in this Release and Waiver of Liability are held to be invalid, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Waiver and Release of Liability, which shall otherwise continue to be enforceable. Nothing in this application shall be construed as creating an obligation of the Arts Council of Midland to the applicant and Arts Council of Midland retains the right to deny any application for any lawful reason.