Waiver, Release and Indemnification Agreement

Waiver, Release and Indemnification Agreement

This Waiver, Release and Indemnification Agreement is executed by the attendee, any minor(s) children entering with or under such attendee’s direction, and their estate(s), personal representatives/executors, administrators, and assigns (collectively, “Attendee”) upon attendance or participation in The Makers Syndicate event and/or any activities related thereto (collectively, “Event”) hosted by OZ Machine Co., LLC d/b/a OZ Machine Company, its members, managers, agents, employees, volunteers, assigns, partners, representatives, legal representatives, attorneys, insurers, affiliated, related, subsidiary, wholly owned, and/or managed companies, entities and/or organizations, guarantors, and successors (collectively, “OZ Machine Company”).

Now therefore, for and in consideration of OZ Machine Company permitting Attendee to attend or participate in the Event, Attendee hereby agrees as follows:

1. Attendee agrees to release, discharge, waive, relinquish, and forever discharge OZ Machine Company from any and all liabilities, claims, demands, obligations, recoveries, loss, deficiencies, rights of action or causes of action, proceedings, assessment, judgments, warranties, obligations, or damages, of whatever nature, whether accrued, absolute, contingent, known or unknown, suspected or unsuspected or otherwise, which the Attendee may ever had or now have against OZ Machine Company (collectively, “Claims”), including but not limited to, any personal injury, illness, property damage, theft/loss, or wrongful death, including particularly, but without limitation, any and all Claims based upon or arising out of or in any manner connected with the Event.
2. Attendee hereby indemnifies and holds OZ Machine Company harmless from and against any and all Claims (including, without limitation, any and all penalties, interest, attorneys’ and paralegals’ fees and other costs and expenses relating to any and all suits, proceedings, assessments, and judgments), which arise out of or result from or relate to the Event.
3. The Attendee further agrees that under no circumstance shall Attendee prosecute or present a Claim against OZ Machine Company, whether or not the Claim arises by the negligence of OZ Machine Company or otherwise.
4. Attendee acknowledges and agrees that entrance to the Event is limited to ticket holders and approved badge holders. Attendee agrees not to allow any other person or persons into the event.  Attendee further agrees to indemnify and hold OZ Machine Company harmless from any Claim, including attorney’s fees, made by any person who gained access to the event as a result of Attendee’s action or inaction.
5. Attendee understands and agrees to authorize OZ Machine Company to use Attendee's likeness in any photograph, video, or other digital media taken or to be taken during the Event (collectively, "Content) in any and all of its publications, including, but not limited to, print or web-based publications. Attendee agrees that all Content is property of OZ Machine Company and will not be returned to Attendee.  Attendee acknowledges they are not entitled to any compensation or royalties with respect to the use of the Content.
6. Attendee understands and agrees to the following rules applying to the Event:  No merchandise is to be handled without permission from the vendor/maker. Outside food and/or beverage (including alcohol) are prohibited.  Smoking is prohibited except in designated outdoor areas.  Pets are prohibited, with the exception of service animals. Firearms of any type, functional or nonfunctional, are prohibited. All attendees must have their own ticket, including minors and young children over the age of 3 years. Minors must be accompanied by an adult at all times and are not to handle merchandise at the event.

4887-0820-6051, v. 1