Your Application

TERMS AND CONDITIONS OF PARTICIPATION….
If accepted, Maker Faire Orange County(MFOC) agrees to the participation of the person or organization identified below (“Maker”) in MFOC, and the Maker agrees to participate, in accordance with terms of this Agreement. In this Agreement, “we” or “us” means MFOC and its producers, and “you” means the Maker identified below. “Exhibit” means the display and/or demonstration, presentation, performance, and/or other activities and materials that you provide or present in the space or work area assigned to you by us at MFOC.

Your participation creates a Contract that limits the liability of MFOC; the MFOC sponsors, suppliers, concessionaires, staff, booth exhibitors, and venue; and each of their respective officers, directors, employees, representatives, affiliates and owners (collectively and individually, “Promoters”). You agree to all of the following provisions, which are part of the Contract:

RULES and LAWS: You agree to comply with all applicable laws, the OC Fair and Event Center, and any other requirements, and/or rules & regulations issued by us in connection with MFOC. 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 MFOC. We may terminate this Agreement and/or your participation in MFOC if you violate this Agreement, or the standards of conduct established by us or by the venue proprietor.

ACKNOWLEDGEMENT OF RISK. By registering or using a ticket/entry pass and participating in MFOC exhibits and activities, you assume all risks to you and your children of attending and participating in the MFOC. You acknowledge that MFOC exhibits and activities are inherently hazardous, and that risks to you and your children include physical injury, including death, and property damage and loss. You are solely responsible for supervising and controlling the children in your party and ensuring their safety.

RELEASE OF LIABILITY. You hereby release the Promoters, and each of them, from any and all liability, including but not limited to (1) damage to or loss of your property, (2) harm, injury and death to yourself and your children, and (3) all risks resulting from negligent or incorrect instruction or supervision by Promoters or anyone providing a booth or activity. This release is intended to discharge in advance all liability related to your and your children’s participation in MFOC, even though that liability may arise out of negligence, carelessness, or other conduct on the part of Promoters or third parties. This release of liability applies to your successors and heirs.

LIMITATIONS ON LIABILITY — INDEMNITY: You agree that MFOC will not be liable in any way to you if we cancel MFOC. You waive any claim or potential claim against us if MFOC is canceled, 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 MFOC and/or this Agreement, whether or not such Event Provider or you have been advised of the possibility of such damages or lost profits. No Event Provider shall be liable to you for any damage, loss, harm, or injury 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 MFOC-related materials, insufficient participation, accident, or any other reason in connection with MFOC 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, and/or (ii) your (or your agent’s) negligence or willful misconduct, and/or (iii) your material breach of this Agreement.

PHOTOGRAPH, RECORDING AND PUBLICITY RIGHTS.You and your Exhibit may appear in recordings of MFOC and related promotional or documentary materials. Your rights are waived to any images and/or recordings you may appear in while at MFOC and any/all related promotional or documentary materials. You acknowledge that MFOC, 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/or our licensees for any purpose, such uses including without limitation the transcriptional, 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 Make Community LLC, us and our licensees the right to use, in connection with the promotion and production of MFOC, your name, likeness, and any trade name and/or logo. The provisions of this paragraph will survive termination of this Agreement.

By acknolodging 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 MFOC, 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.