Below is our Participation Agreement, please read carefully before agreeing to our terms and conditions regarding your participation in the 4x5 Photo Fest. By submitting your application, you agree to the terms.
THIS AGREEMENT is between 4x5 Photo Fest (4x5) and the signatory at the end of this agreement ("Participant"). Participant will be participating in the 4x5 Photo Fest on Saturday, Saturday 24th.
Term: This Agreement will be effective for the Event in which the Participant participates. This Agreement may be terminated by 4x5 with or without cause immediately upon notice to Participant. Participant and its board agree to be bound by the terms of this Agreement and all Event rules, regulations, and directives.
Safety: Participant will act with the highest regard for the safety of the attendees and other participants of the Event, and will adhere to all laws, policies, rules, and regulations applicable to the goods and /or activities of Participant to conduct its activities at the Event and fulfill its obligations under this Agreement.
Liability: 4x5 will not be responsible for any loss or damage to Participant's property, injury to,, or death of the Participant or Participant sales. Participant expressly assumes all risks of loss, damage, liability, injury, or destruction resulting from any cause whatsoever, including but not limited to acts or omissions by Participant, and hereby releases and waives any claims against 4x5 related to such loss, damage, liability, injury, ad/or destruction. Participant covenants to be fully responsible for any of its liabilities, actions, or omissions, and will indemnify, defend, and hold 4x5 harmless against any claims related to Participant's liabilities, actions, or omissions.
Cancellation: The event will proceed regardless of the weather. If there is a cancellation: (a) By 4x5: If a cancellation of the Event by 4x5 is necessary due to unforeseen circumstances, acts of a third party, or other rescheduled and there will be no refunds to Participant. (b) By Participant: If Participant cancels its participation at least one month prior to the Event, then 4x5 will offer a refund, less a $35 fee. If Participant cancels its participation between two and four weeks prior to the Event, then 4x5 cannot offer a refund, due to the administrative work already done by that time. Once Participant cancels, it forfeits its spot in the Event. Participant may not assign this Agreement to any third party, or delegate any of its obligations without the written consent of 4x5. Only the accepted Participants are able to sell or distribute their items and/or conduct activities at the Event. The vendor list, map, and booth assignments are subject to change without notice. 4x5 does not guarantee any level of attendance at the Event and there will be no refunds, under any circumstances, after the Event is over.
Change in terms: The terms of this Agreement may be changed by 4x5 and notice of such change(s) will be sent to you in writing. You agree to accept notices via email, sent to the address indicated below. 4x5 reserves the right to decline, prohibit, or expel any character of the Event or endangers the venue, any attendee, or other participants. Participant agree t be bound to its Agreement. The terms of this Agreement, including any waivers, inures to the benefit of 4x5 and its affiliates and Event co-producers and sponsors.
Independent Contractors: The relationship of Participant to 4x5 is that of an independent contractor, and nothing contained in this Agreement will be construed as creating a partnership, joint venture, or other relationship between the parties, or to make 4x5 liable for the debts or obligations of Participant.
The validity, interpretation, construction, and enforcement of this Agreement will be governed and controlled by the laws of the State of Texas, without regard to its rules with respect to choice of law. Any dispute arising out of or related to this Agreement must be brought federal or state court in Bexar County and the parties hereby consent to the exclusive jurisdiction and the venue of such forum. This Agreement, and any rules and regulations provided to Participant by 4x5 or 4x5's affiliates, will contain the entire Agreement and understanding between the parties hereto with respect to participation in the Event. If any term is contrary to law then that term will be served and the remainder of the Agreement will remain in force.