Terms and Conditions (“Terms”) and Event Rules (“Rules”)
These Terms and Conditions (“Terms”) and the Event Rules (“Rules”) collectively form an agreement (“this Agreement”) between Hampton Roads Pride, a nonprofit corporation (“Hampton Roads Pride,” “we,” “us,” or “our”) and the entity or individual (“the Applicant”) named on the application to which these Terms are attached. This Agreement shall remain valid and in effect for the Hampton Roads Pride Festival and related events (the “Event”), beginning at 12:01 AM Eastern Time on Friday June 20, 2025, and ending at 11:59 PM Eastern Time on [Sunday June 22, 2025.
A. Services, Taxes, Fees, Payments, and Refunds
1. Hampton Roads Pride provides no additional services beyond those expressly stated in the Terms, Rules, FAQs, and the Application.
2. All fees and applicable taxes are listed on the Application and are due upon submission.
3. Payments submitted to us and subsequently declined by a financial institution will result in an unprocessed Application. We will make a good faith effort to contact the Applicant to resolve payment issues but are not responsible for declined payments or facilitating resolution.
4. Hampton Roads Pride reserves the right to provide refunds, either in full or in part, at its sole discretion. However, we are not obligated to do so under any circumstances.
B. Limitations of Liability, Insurance, and Indemnification
1. HAMPTON ROADS PRIDE’S SOLE LIABILITY TO THE APPLICANT IS STRICTLY LIMITED TO THE REMEDIES STATED WITHIN SECTION C OF THESE TERMS.
2. HAMPTON ROADS PRIDE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM FORCE MAJEURE EVENTS, INCLUDING (BUT NOT LIMITED TO) NATURAL DISASTERS, STRIKES, FIRE, WAR, RIOTS, GOVERNMENT ACTIONS, OR OTHER CIRCUMSTANCES BEYOND OUR CONTROL.
3. APPLICANT AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HAMPTON ROADS PRIDE, ITS OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND ASSIGNS FROM ANY CLAIMS OR DAMAGES ARISING OUT OF:
(i) APPLICANT’S USE OF PROPERTY,
(ii) BREACH OF THIS AGREEMENT, OR
(iii) ANY VIOLATION OF LAW OR REGULATION.
4. Applicants must obtain general liability insurance with minimum coverage of $250,000 per occurrence and $500,000 aggregate. If applicable, motor vehicle insurance is also required. Applicants must name Hampton Roads Pride as an additional insured and provide proof upon request.
C. Applicant Liability
Applicants are responsible for all claims, damages, or losses resulting from their negligence, breach of agreement, or violation of law. This includes damages caused by the Applicant’s agents, employees, or subcontractors.
D. Disclaimer of Warranties
1. HAMPTON ROADS PRIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY GUARANTEE OF ATTENDANCE NUMBERS OR FESTIVAL OUTCOMES.
2. APPLICANTS ACKNOWLEDGE THAT PARTICIPATION IN THE EVENT IS AT THEIR OWN RISK AND AGREE TO WAIVE ANY RELIANCE ON PROJECTED OR ESTIMATED OUTCOMES.
E. License and Termination
This Agreement grants a limited, non-exclusive license to participate in the Event, contingent on compliance with all Terms and Rules. Hampton Roads Pride reserves the right to revoke this license if the Applicant violates this Agreement, engages in detrimental conduct, or breaches applicable laws or regulations.
F. Miscellaneous
1. Amendments: Any modifications to this Agreement must be in writing and signed by both parties.
2. Waiver: No waiver of any provision shall constitute a waiver of future breaches.
3. Choice of Law and Venue: This Agreement is governed by the laws of Virginia. Venue for disputes is exclusively in Norfolk, Virginia. Both parties waive the right to a jury trial.
4. Severability: If any provision is deemed invalid, the remaining provisions shall remain in effect.
5. Assignment: This Agreement may not be transferred without prior written consent.
6. Entire Agreement: This Agreement represents the full understanding between the parties and supersedes any prior communications.
