Participation Agreement: Release and Consent
TERMS AND CONDITIONS OF PARTICIPATION....
PALM BEACH MINI MAKER FAIRE: Saturday, May 21st, 2022 Cox Science Center and Aquarium
ORIENTATION/ITEM DROP OFF: Friday, May 20th, 2022 from 3:00pm-5:00pm at Cox Science Center STEM Building
DAY OF EVENT SET-UP: Saturday, May 21st, 2022 unloading from 8:00am-9:45am
TEAR DOWN: on Saturday, May 21st, 2022 from 4:00pm-5:00pm
Cox Science Center agrees to the participation of the person or organization identified above (“Maker”) in Palm Beach Mini Maker Faire (“Mini Maker Faire”), and the Maker agrees to participate, in accordance with the terms of this Maker Participation Agreement (“Agreement”). In this Agreement, “we” or “us” mean the Cox Science Center and Palm Beach Tech Association. and “you” means the Maker identified above. “Exhibit” means the display and/or demonstration, and/or other activities and materials that you provide or present in the space or work area assigned to you by us at Mini Maker Faire.
RULES and LAWS: You agree to comply with all applicable laws, any requirements and/or rules issued by us in connection with Mini Maker Faire. You are responsible for obtaining any permissions required for your 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 your participation in Mini Maker Faire. We may terminate this Agreement and/or your participation in Mini Maker Faire if you violate this Agreement, or the standards of conduct established by us or by the venue proprietor.
LIMITATIONS ON LIABILITY & INDEMNITY: You agree that we will not be liable in any way to you if we cancel Mini Maker Faire. You waive any claim or potential claim against us if Mini Maker Faire is cancelled, and release us from any resulting or related liability, cost, expense, or damage. Neither you, nor we, our affiliates, or the venue proprietor (collectively, the "Event Providers") will be liable for lost profits or other indirect, incidental, consequential, or exemplary damages in connection with Mini Maker Faire and/or this Agreement, whether or not such Event Provider or you have been advised of the possibility of such damages or lost profits. In no way will the Event Provider shall be liable to you for any damage, loss, harm, injury or death to your person, property, or business, or any of your visitors, officers, agents, or employees, resulting from theft, fire, earthquake, water, unavailability of facilities, any errors or omissions in Mini Maker Faire-related materials, insufficient participation, accident, or any other reason in connection with Mini Maker Faire or related activities (such as staging), except to the extent directly attributable to our willful misconduct or gross negligence. You agree to indemnify, and hold harmless the Event Providers from and against any claim, cost, expense, loss, liability, or damage incurred as the result of any third-party claim based on (i) your construction or maintenance of an unsafe Exhibit, (ii) your (or your agent’s) negligence or willful misconduct, and/or (iii) your material breach of this Agreement.
PRECAUTIONS: It’s entirely your sole responsibility, the maker identified in this agreement, to take every precaution to protect all guests, volunteers, and employees when participating in the making, assembling, soldering, hammering, gluing, or painting of your item(s) at your table(s). It’s your responsibility to have signage warning of any danger with your process. It’s also your responsibility that the process is age appropriate for all ages.
This section refers to Material Safety Data Sheets, commonly referred to as an MSDS. An MSDS is a document that has information on using and storing of hazardous substances safely. A hazardous substance is any material that poses a threat to human health and/or the environment. Typical hazardous substances are toxic, corrosive, ignitable, explosive, or chemically reactive.
Addressing the risks associated with hazardous materials requires the application of safety precautions and these are listed in an MSDS. Information criteria provided on a MSDS can include:
•Identification of the product and company;
•Ingredients of the chemical or product;
•The danger it poses to health and safety;
•First aid measures, if required; and
•Safety precautions when using the chemical or product.
A chemical register is made up of MSDS of all the hazardous substance on site. This can be placed in a central location for all to access if required.
All Makers using materials that would be considered hazardous are required to have an MSDS readily available during exhibition.
MISCELLANEOUS: This Agreement (including any accompanying Addendum) constitutes the final, complete, and exclusive agreement between you and us. 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. You are an independent contractor and not our agent or employee. This Agreement will be interpreted under Palm Beach County, Florida law. Any action to enforce this Agreement must be brought in the federal or state court located in Palm Beach County, Florida, and the parties agree to the exclusive venue and jurisdiction of these courts. You are not permitted to assign or otherwise transfer your rights or obligations under this Agreement to anyone else. The Limitations on Liability section (above) of these Terms and Conditions of Participation, shall survive the termination or expiration of this Agreement.
-You and your Exhibit may appear in recordings of Mini Maker Faire and related promotional or documentary materials. Your rights are waived to any images and/or recordings you may appear in while at Mini Maker Faire and in any and all related promotional or documentary materials.
-You may not collect personal data on the guests of the Cox Science Center or solicit them in any way such as by collecting emails or phone numbers. You may hand out information to offer the guest the option to contact you.
-You acknowledge that Mini Maker Faire, including the Exhibit(s), may be recorded in audio, visual, and/or audiovisual media by us and/or our licensees, and you consent to the making and use of such recordings by us and our licensees for any purpose, such uses including without limitation the transcription, modification, reproduction, public display, distribution, broadcast, and transmission in any form. You release us, and our licensees, from and waive any claims related to or arising by reason of the making and/or use of any such recordings. You grant us, and our licensees, the right to use, in connection with the promotion and production of Mini Maker Faire, your name, likeness, and any trade name and/or logo. The provisions of this paragraph will survive termination of this Agreement.
By submitting this application, you confirm that you have read this Agreement and that you understand and agree that your compliance with this Agreement is a condition of your participation in Mini Maker Faire, and i) if you are signing on behalf of yourself as an individual, you warrant and represent that you are over 18 years of age, and ii) if you are signing on behalf of an organization (including a business), that you are fully authorized to execute this Agreement on behalf of the organization.