Participation Agreement: Release and Consent TERMS AND CONDITIONS OF PARTICIPATION If accepted, Monona Terrace Community and Convention Center agrees to the participation of the person or organization identified above (“Maker”) in Madison Makes (“Madison Makes”), and the Maker agrees to participate, in accordance with the terms of this Maker Participation Agreement (“Agreement”). In this Agreement, “we” or “us” means Monona Terrace and “you” means the Maker identified above. RULES and LAWS: You agree to comply with all applicable laws, any requirements and/or rules issued by us in connection with Madison Makes. 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 Madison Makes. We may terminate this Agreement and/or your participation in Madison Makes if you violate this Agreement, or the standards of conduct established by us. LIMITATIONS ON LIABILITY & INDEMNITY: You shall be liable to and hereby agree to indemnify, defend and hold harmless the Monona Terrace Community and Convention Center, the City of Madison, and its officers, officials, agents, and employees against all loss or expense (including liability costs and attorney's fees) by reason of any claim or suit, or of liability imposed by law upon the City or its officers, officials, agents or employees for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including loss of use thereof, arising from, in connection with, caused by or resulting from You and/or your agent’s acts or omissions in the performance of this Agreement, whether caused by or contributed to by the negligence of the City, its officers, officials, agents, or its employees. CHOICE OF LAW This Agreement will be interpreted under Wisconsin law. Any action to enforce this Agreement must be brought in the federal or state court located in Wisconsin 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. USE AND LIABILITY The Maker grants Monona Terrace and its officials, employees, representatives, agents, licensees, successors and assignees the irrevocable and unrestricted right to use the Maker’s name, video submission, images, likeness, actions, voice, music, or other personally identifiable information in all formats, media and in all manners, including composite or altered representations, for advertising, trade or any other lawful purpose (ex: YouTube). The Maker waives any right to inspect or approve the finished version(s), including written copy that may be created in connection with the contracted presentation, editing and promotion therewith. ENTIRE AGREEMENT This Agreement, including any and all attachments or exhibits is the entire agreement of the parties and supersedes any and all oral contracts and negotiations between the parties. NO WAIVER No failure to exercise, and no delay in exercising any right, power or remedy hereunder on the part of the City or Maker shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy preclude any other for further exercise thereof or the exercise of any other right, power or remedy. No express waiver shall affect any event or default other than the event or default specified in such waiver, and any such waiver, to be effective, must be in writing and shall be operative only for the time and to the extent expressly provided by the City or Maker herein. A waiver of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. SEVERABILITY It is mutually agreed that in case any provision of the Agreement is determined by any court of law to unconstitutional, illegal or unenforceable, it is the intention of the parties that all other provisions of the Agreement remain in full force and effect. COMPLIANCE WITH APPLICABLE LAWS The Maker shall become familiar with, and shall at all times comply with and observe all federal, state and local laws, ordinances, and regulations which in any manner affect the services or conduct of the Maker and its agents, or employees. AUTHORITY By submitting below, 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 Madison Makes, 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. *
