ChirpFest agreement regarding ChirpFest LLC. This agreement (“agreement") is made and entered into effective as of this day of this (mm/dd/yyyy) (the “Effective date") between Brand LLC, ChirpFest LLC (hereinafter collectively called the “owner") and guest. If ticket(s) is(are) being purchased on behalf of a guest, that guest is also included in this contract under "guest". The guest hereby agrees that they will adhere to the following terms and conditions: 1. At all times at the
ChirpFest event on North Dill Street in Muncie Indiana on April 8th,
guests will adhere to all rules and regulations, including all warning signs
and instructions posted, and instructions informed of by staff. Guests at all
times should observe and comply with any and all procedures, rules,
regulations, and special instructions given by or on behalf of owner and agents
concerning the access to, entry onto, and use of the Building and Rooftop. The
foregoing shall in no way obligate the Owner or Agents to ensure (and Guest
hereby expressly waives and releases Owner and Agents, as defined below, from
any responsibility with regard to) the safety of any persons with respect to
their access to the festival. Owner and Agents expressly reserve the right to
stop the activities and require Guest to leave the festival if Owner or any
Agents determine in their sole discretion that the activities of Guest are not
being conducted in a safe manner or if the festival Guidelines or other
instructions of or on behalf of Owner or Agents are not being followed. 2.
Guest understands that the festival is furnished with couches, tables, a
variety of equipment and other furnishings for Guests (especially VIP guests) use
and enjoyment and the use and enjoyment of others who have gained access to the
festival (“Guests"). Guest agrees that if Guest needs assistance while in the
festival it is Guests responsibility to obtain such assistance. 4. Due to street
space capacity, Guest will not permit more than the number of Guests in the
festival permitted by the applicable laws, regulations and codes. If at any
time during the Event the Agent determines that the number of persons in the
festival exceeds the stated limit or is otherwise posing a danger, the Guest
agrees that the number of people at the Event will immediately be reduced as
directed by the Agent. 5. Guest agrees that Guest will be responsible for, and
to the fullest extent allowed by law, Guest hereby irrevocably waives and
unconditionally releases and forever discharges all claims against Owner,
Agents, their respective partners, shareholders, employees, personnel, agents,
or other owners or members of the foregoing entities, and all of their
respective agents, contractors and employees (collectively, the "Owner and
Agent") for all costs, damages or liability of whatever nature (including
without limitation bodily injury, death, or damage to or loss or theft of
property) arising out of Guests access to the festival and/or the activities of
and/or related to any Event at or about the festival. 6. GUEST AGREES TO ASSUME
THE RISK OF ANY HARM, DAMAGE, OR INJURY TO GUESTS, PERSONS OR PROPERTY AND TO
DEFEND, INDEMNIFY AND SAVE HARMLESS OWNER AND AGENT FROM ANY AND ALL LOSS OR
LIABILITY, DEMANDS, JUDGMENTS, EXPENSE (INCLUDING ATTORNEYS' FEES), CLAIMS OR
ACTIONS (“CLAIMS") BASED UPON OR ARISING OUT DAMAGES OR INJURY (INCLUDING
DEATH) ILLNESS OR HARM TO PERSONS OR PROPERTY (INCLUDING THAT OF OWNER AND
AGENT), ARISING OR RESULTING FROM OR RELATED TO GUESTS ATTENDANCE OF FESTIVAL
AND/OR THE USE OF THE SPACE BY GUESTS, INCLUDING, WITHOUT LIMITATION, THOSE
CLAIMS DIRECTLY OR INDIRECTLY CAUSED OR CONTRIBUTED TO IN WHOLE OR IN PART BY
ANY ACT OR OMISSION OF GUESTS, AND/OR OF ANYONE ACTING UNDER THEIR DIRECTION OR
CONTROL OR ON GUESTS BEHALF IN CONNECTION WITH OR INCIDENTAL TO ANY EVENT,
AND/OR GUESTS ACCESS TO, ENTRY ONTO, AND USE OF SPACE, UNLESS THE INJURY,
ILLNESS, HARM, OR DAMAGE IS CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF
THE OWNER AND AGENT. 7. Upon demand, GUEST shall pay and/or reimburse Owner for
the cost (as actually incurred or as reasonably estimated by Owner or its
Agents) to repair or restore any harm or damage to any property belonging to or
rented by the owner and/or agent. The provisions of this paragraph shall
survive the expiration or termination of this Agreement. 8. This Agreement
shall be governed by the laws of Indiana, without regard to conflict of laws
principles, and may not be modified, amended, changed, waived, or discharged,
except by an instrument in writing signed by all parties hereto. This Agreement
shall be valid, without time limitation and shall run for the maximum period of any and all applicable statutes of limitation in Indiana.
