Carlsbad Art in the Village 2019 Agreement



GENERAL RELEASE/WAIVER OF LIABILITY: In consideration of being permitted to participate in Art in the Village (AITV) and other valuable and sufficient consideration, the receipt of which I acknowledge, I do, on behalf of myself, my heirs, executors, administrators, legal representatives, guardians and assigns (collectively referred to as the “Artist” or “Releasors,”) freely, voluntarily, and without duress, hereby release, waive, forever discharge, and hold harmless the following parties (collectively referred to as “Releasees”) from any and all liability, claims, and demands of whatever kind or nature, either in law or equity, for any resulting loss or damage, and from any claim or account of injury to my person or property, even injury resulting in death, whether caused by the negligence of the Releasees or otherwise, which arise or may hereafter arise from  the Artist’s participation in AITV:


(a) The Carlsbad Village Association, its directors, officers and volunteers, and members; (b) The City of Carlsbad, its officers, volunteers, and employees; (c ) Keller Resources Group, its officers, volunteers, and employees;  (d) Kennedy and Associates, its officers, volunteers, and employees ; and (e) any and all other event Sponsors.  The Releasors also understand certain Releasees may also be protected under the State of California’s laws regarding governmental immunity.


INDEMNIFICATION: The Releasors shall defend, hold harmless and indemnify the Releasees from and against any and all liability, loss, claims, damages, costs, attorneys’ fees and expenses of whatever kind or nature that the Artist may sustain, suffer, incur or be required to pay in connection with my participation in the AITV. The AITV will not be held liable for the loss of artwork or sales due to any acts of God including weather conditions and art show cancellation or thievery. 


FIRST AID:  The Releasors understand the Releasees do not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.  The Releasors also release and forever discharge the Releasees from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Releasors acts or omission relative to the AITV.


RELEASE AND AUTHORIZATION TO PHOTOGRAPH: By submitting this form, the Artist agrees to be photographed, videotaped, and/or recorded by any of the Releasees for no charge or consideration.  Artist agrees Photo #1 of jury photo uploads, if accepted, may be retained for use in publicity. Artist name recognition to be included with photo use. The Artist releases the Releasees from any and all claims, including libel, slander, invasion of privacy or any other claim and any damages in connection with any photo or video created by or for the Releasees and used for promotional purposes.


OTHER: The Artist expressly agrees that this Release is intended to be as broad and inclusive as permitted by the internal laws of the State of California, and that this Release shall be governed by and interpreted in accordance with the laws of the State of California, exclusive of any applicable conflict of laws provisions. The Artist agrees that in the event that any clause or provision of the Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.  By submitting this form, The Artist agrees that he or she has read this agreement, fully understands its terms, understands he or she has given up substantial rights by signing it, and has signed it without inducement. Further, if the Artist is acting as an agent for others in submitting this form, the Artist acknowledges that he or she is in possession of a signed copy of this Release from each registrant.  Further, the Artist has read, understood and agrees to abide by all AITV rules, regulations, terms and conditions as stated.  The Artist understands that failure to follow the set rules can mean expulsion from this year’s festival and/or future events.  AITV reserves the right to make final interpretations of rules, regulations, terms and conditions, and may amend or restate the same without notice.