There is a limited number of available spots for this event. Applications will be accepted on a first come first serve basis. The EHDC resesrves the right to deny any application for any reason, particularly if it does not meet the mission of the event and/or the nieghborhood objectives.
** This is a fundraiser for the EHDC neighborhood revitilization efforts. **
RELEASE OF LIABILITY
**READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS **
In exchange for participation in the activity of Huzzah! Twilight Ren Faire at the Hidden Gem Event Space organized by Erie Hill District Collaborative and Tipsy Bean Cafe, of 2425 Peach Street, Erie, Pennsylvania, 16502 and/or use of the property, facilities and services of Erie Hill District Collaborative, I agree to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Erie Hill District Collaborative and Tipsy Bean Cafe, or the employees, representatives or agents of Erie Hill District Collaborative and Tipsy Bean Cafe.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury or any damage to my property, and further release and discharge Erie Hill District Collaborative and Tipsy Bean for injury, loss or damage arising out of my presence upon the facilities of Erie Hill District Collaborative and Tipsy Bean, whether caused by the fault of myself, Erie Hill District Collaborative, Tipsy Bean, or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Erie Hill District Collaborative against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from myself, or my employees/volunteers use of or presence upon the facilities of this event.
4. FEES. Should damage occur to the facilities, I agree to pay for all damages to the facilities of Erie Hill District Collaborative and Tipsy Bean caused by any negligent, reckless, or willful actions by me, or my employees/volunteers. I understand Tipsy Bean and EHDC are not charging any registration or vendor fees for authors, or taking any portion of author sales. Author’s must pay for the cash bar and food if they wish to partake.
5. SOCIAL MEDIA PROMOTION. I agree to post at least twice on social media prior to the event “EHDC and Tipsy Bean present Huzzah! Twilight Ren Faire” including the following:
Tipsy Bean Cafe address, social handles, and website
EHDC address, social handles, and website
2425 Peach Street, Erie, PA 16502 / FB @shopsonthehill / INSTA@shops_on_the_hill, www.shopsonthhill.org
6. SET UP AND TAKE DOWN. I understand I may arrive as early as 3:00pm and agree to have my section set up no later than 4:30PM. I understand I need to be packed up and cleared out of the Hidden Gem backyard space by 11:00pm.
7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Pennsylvania law.
8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
Submission of this application is your electronic signature and agreement to the terms and conditions set forth.
