Woodlands Waterway Arts Festival 2019 Agreement

Exhibitor Contract and Release

For and in consideration of the privilege of being an exhibitor in The Woodlands Waterway Arts Festival (the “Festival”), the undersigned applicant (“Applicant”) does hereby acknowledge and agree that the Jury Selection is final. Applicant agrees to comply with and obey all Festival rules and regulations, written or otherwise, including any personal direction from Festival personnel if accepted into the Festival. Festival rules and regulations include without limitation those set out in the Festival Prospectus agreement, load-in and load-out instructions, security procedures, and any rule promulgated by the Event Director under the direction of The Woodlands Arts Council (TWAC). Applicant acknowledges that failure to abide by regulations and/or repeated non-compliance may result in expulsion and ineligibility for judging, awards, and participation in future Festivals. Expulsion of a participant from the Festival is without the necessity of any written notice and without legal recourse or right to a refund of any portion of the fees paid. Applicant understands that all booths will be visited by the viewing committee at intervals throughout the Festival to ensure that all exhibitors comply with all Festival rules.

Applicant certifies that they are the artist who creates the work sold by Applicant and are not an artist representative or wholesaler. Applicant hereby represents that the work entered and exhibited in the Festival has been created by Applicant. Applicant agrees that reproductions will not comprise more than 25% of Applicant’s Festival presentation, and that prints made from originals and embellished prints MAY NOT be sold as original works. Applicant further agrees to be present at all times during all two (2) days of the Festival, operating hours of the Festival (April 13-14, 2019), and to assume all responsibility for Applicant’s property during the Festival.

Applicant, on behalf of themselves, and their heirs, executors, and assigns, hereby releases, indemnifies and holds harmless The Woodlands Arts Council, Inc., The Woodlands Township, and The Woodlands Land Development Company, L.P., and their respective boards of directors, partners, officers, employees, contractors, agents, staff, sponsors and the Festival charity partners, and each of their respective heirs, successors, and assigns (collectively, the “Festival Benefited Parties”) from any and all claims, damages, causes of action of any kind whatsoever, statutory or otherwise, personal injury including death, property damage and lawsuits and judgments, including court costs, expenses and attorney’s fees, and all other expenses resulting therefrom, that Applicant has, or might have, whether known or unknown, now existing or that might arise hereafter, directly or indirectly arising out of, resulting from or related to Applicant’s participation in the Festival, and the participation by any of Applicant’s agents, contractors, employees, family members or friends in the Festival, including any acts or omissions of the Festival Benefited Parties in connection with the Festival, and including but not limited to Applicant’s preparation and set-up, and break down for the Festival. Applicant agrees to assume any and all risk associated with participation in the Festival.

Applicant further agrees to waive any and all rights without limitation of liability for the use of the Festival space and services described in printed materials. Applicant grants permission to The Woodlands Arts Council, Inc. to reprint an image for promotional use in connection with the Festival. This includes the use in press releases, print, television, social media, and on the TWAC website. In printed use, Applicant will be acknowledged with credit.

Applicant warrants that they have read this Agreement and fully understands it and that they are of legal age and competent to execute this Agreement and that Applicant does so of their own free will and accord without reliance on any representation of any kind or character not expressly set forth herein.