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Release and Consent* Maker Participation Agreement
Science Center of Iowa (“SCI”) agrees to permit the participation of the person or organization identified above (“Maker”) in the Des Moines Mini Maker Faire occurring on Monday, September 4, 2023 from 9:00 AM to 4:00 PM (“Maker Faire”), and the Maker agrees to participate, in accordance with terms of this Agreement. “Exhibit” means the display and/or demonstration, and/or other activities and materials that Maker provides or presents in the space or work area assigned to Maker by SCI at the Maker Faire. Set-up is permitted on Monday, September 4, 2023 between 6:00 and 9:00 AM. If additional time is needed for set-up, arrangements must be made with SCI prior to August 31, 2023. Teardown must occur on September 4, 2023 between 4:00 PM and 7:00 PM, unless other arrangements are made with SCI prior to August 31, 2023.
RULES AND LAWS: Maker agrees to comply with all applicable laws, the Maker Manual (a copy of which has been provided to Maker), and any other requirements, and/or rules issued by SCI in connection with the Maker Faire. Maker is responsible for obtaining any permissions required for its performance, distribution, or posting of copyrighted material; for obtaining any necessary licenses and permits; and for payment of all taxes (including sales and use taxes), license fees, or other charges applicable to Maker’s participation in the Maker Faire. SCI may terminate this Agreement and/or Maker’s participation in the Maker Faire if Maker violates this Agreement, or the standards of conduct established by SCI or by the venue proprietor.
LIMITATIONS ON LIABILITY — INDEMNITY: MAKER AGREES THAT SCI WILL NOT BE LIABLE IN ANY WAY TO MAKER IF SCI CANCELS THE MAKER FAIRE, AND MAKER WAIVES ANY CLAIM OR POTENTIAL CLAIM AGAINST SCI IF THE MAKER FAIRE IS CANCELLED. MAKER, ON BEHALF OF ITSELF AND ANY OTHER PERSON OR ENTITY THAT MAY CLAIM BY, UNDER, THOUGH, OR ON BEHALF OF MAKER AND ANYONE ACTING ON MAKER’S BEHALF (COLLECTIVELY, THE “RELEASORS”), FOREVER AND IRREVOCABLY WAIVES, RELEASES AND DISCHARGES, AND COVENANTS NOT TO SUE, SCI, THE VENUE PROPRIETOR, AND THEIR AFFILIATED ENTITIES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, ASSIGNS AND SUCCESSORS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM ANY LIABILITY TO ALL RELEASORS FOR ANY AND ALL LOSS, DAMAGE (INCLUDING DIRECT AND INDIRECT DAMAGES, LOST PROFITS, AND INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES), COST OR EXPENSE AND ANY CLAIMS, DEMANDS AND ACTIONS OF ANY AND EVERY KIND, INCLUDING WITHOUT LIMITATION CLAIMS OF NEGLIGENCE, PERSONAL INJURY, DAMAGE TO PROPERTY, MENTAL INJURY, EMOTIONAL DISTRESS, TRAUMA, SICKNESS, ILLNESS, DEATH, CONTACT WITH OTHERS, EQUIPMENT FAILURE, INADEQUATE SAFETY EQUIPMENT, THE EFFECTS OF WEATHER INCLUDING EXTREME TEMPERATURES OR CONDITIONS, COLLISION WITH FIXED OBJECTS, THE CONDITIONS AND/OR DESIGN AND OTHER DEFECTS IN THE VENUE, AND THE NEGLIGENCE OF OTHERS (COLLECTIVELY, “LIABILITY”) HELD BY OR THROUGH ANY RELEASORS RELATED TO ACCESS TO THE VENUE OR PARTICIPATION IN THE MAKER FAIRE.
Maker agrees to indemnify and hold harmless the Released Parties from and against any claims made by the Releasors against the Released Parties in connection with the waiver, release, discharge and covenant not to sue provided above. This indemnity includes Maker’s agreement to reimburse the Released Parties for all payments the Released Parties may make and Liabilities they may incur in connection with defending any released claim. Maker agrees to indemnify and hold harmless the Released Parties from and against any claims made by any third-party (and any Liability resulting therefrom) based on (i) Maker’s construction or maintenance of its Exhibit, (ii) Maker’s (or Maker’s agent’s) negligence or willful misconduct, or (iii) Maker’s breach of this Agreement.
LICENSE: Maker acknowledges and agrees that it and its Exhibit may be recorded in audio, visual, audiovisual media or any other format by SCI and/or SCI’s licensees, which materials may be included in SCI’s promotional or documentary materials. Maker hereby grants SCI an unlimited, irrevocable, royalty-free, transferrable, sublicensable, assignable, worldwide license to use (such uses including without limitation the transcription, modification, reproduction, public display, distribution, broadcast, and transmission in any form) and reproduce Maker’s name, images, recordings, likeness, trademark, trade name and/or logo in connection with the promotion and production of the Maker Faire and the promotion of SCI. Maker waives any and all rights to any images and/or recordings in which Maker appears while at Maker Faire and any and all related promotional or documentary materials. The provisions of this paragraph will survive termination of this Agreement.
MISCELLANEOUS: Maker confirms that it has read this Agreement and that it understands and agrees that its compliance with this Agreement is a condition of its participation in the Maker Faire, and i) if Maker is an individual, Maker warrants and represents that he or she is over 18 years of age, and ii) if Maker is an entity, the person signing below is fully authorized to execute this Agreement on behalf of the organization. This Agreement (including the Maker Manual and any accompanying Addendum) constitutes the final, complete, and exclusive agreement between Maker and SCI with respect to the subject matter hereof. This Agreement is made in consideration of the parties’ mutual promises contained in it. This Agreement may only be modified by the parties’ express written agreement, signed by both of them. Maker is an independent contractor and not SCI’s agent or employee. This Agreement will be interpreted under Iowa law. Any action to enforce this Agreement must be brought in the federal or state court located in Des Moines, Iowa, and the parties agree to the exclusive venue and jurisdiction of these courts. Maker shall not assign or otherwise transfer its rights or obligations under this Agreement to anyone else. The LIMITATIONS ON LIABILITY—INDEMNITY and LICENSE sections (above), shall survive the termination or expiration of this Agreement.