Performer Waiver of Liability
All acts are required to complete, e-sign, and submit the waiver with this application.
PERFORMER WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR THE PROSPER CHRISTMAS FESTIVAL:
As a Performer, I understand that this Waiver of Liability, Assumption of Risk and Indemnity Agreement ("Agreement") must be signed in order for me to participate in the Prosper Christmas Festival on Saturday, December 7, 2019. I understand and acknowledge that my services will be provided only at the stage site assigned to me. I also understand that the Town of Prosper reserves the right to ask a performer to leave if the performer, the performer’s conduct or products or services are contrary to the values and principles of the Town of Prosper, as determined by the Town. In consideration for being permitted to participate as a Performer in the Prosper Christmas Festival (hereinafter called the "Event"), I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Town of Prosper, its officers, administrators and employees or representatives (hereinafter referred to as "RELEASEES") from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by me or my organization, or any of the property belonging to me or my organization, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in the Event, or while in, on or upon the premises where the event is being conducted. I also understand that in order to receive a booth /table site, I must assume all responsibility and risk associated with all conditions, hazards and potential-dangers in, on or about a site, whether they are open and obvious or concealed. I hereby elect to voluntarily participate in said Event with full knowledge that said Event may be hazardous to me, my organization, and our property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me and my organization, or any loss or damage of property owned by us, as a result of participating in said Event, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorneys' fees, that they may incur due to my participation in said Event, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise, resulting from or arising out of any of my acts or failure to act in connection with my services provided during the Prosper Christmas Festival. It is my express intent that this Waiver of Liability and Indemnity Agreement shall bind me and the members of my organization, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above named RELEASES. I hereby further agree that this Agreement shall be construed in accordance with the laws of the State of Texas. IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read this AGREEMENT, understand it and sign it voluntarily as my own free act and deed; no oral representation, statements, or inducements, apart from this AGREEMENT, have been made. I acknowledge that I am at least eighteen (18) years of age and fully competent to execute this AGREEMENT; and I execute this AGREEMENT for full, adequate and complete consideration fully intending to be bound by same.