Fishers Arts Council - Supporting the Performing and Visual Arts

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(include samples with payment)

Exhibitor agrees to protect, indemnify, defend save and hold harmless Fishers Chamber of Commerce, the Fishers Arts Council and the Town of Fishers, its agents, servants, employees and/or representatives, against and from any and all claims, loss(es), cost(s), damages and/or expenses of any kind or nature arising out of or from any act, accident or occurrence in or at the Exhibitor’s space(s) and/or booth(s) and/or elsewhere on facility property and/or grounds, or from the sale of goods and/or services by Exhibitor and/or Exhibitor’s agents, servants, employees and/or representatives, or from any act or omission of Exhibitor, Exhibitor’s agents, servants, employees and/or representatives and/or invitees. All personal property, inventory, equipment and/or other items belonging to Exhibitor and/or Exhibitor’s agents, servants, employees and/or representatives, shall be there at Exhibitor’s sole risk, and the Fishers Chamber of Commerce, Fishers Arts Council nor the Town of Fishers their agents, servants, employees and/or representatives, shall be liable for any loss, theft and/or damage of any kind sustained by Exhibitor and/or Exhibitor’s agents, servants, employees and/or representatives, provided such loss, theft, and/or damage is not the direct and proximate result of intentional or grossly negligent acts or omissions of Fishers Chamber of Commerce, Fishers Arts Council, its agents, servants, employees and/or representatives. Exhibitor agrees to abide by and at all times be subject to terms and conditions herein, including those terms respecting the submission and/or refunding of donated artwork together with all rules and regulations set forth by Fishers Chamber of Commerce and the Fishers Arts Council the receipt of which Exhibitor expressly acknowledges, and which are expressly incorporated herein by reference. Failure to abide by any term or condition herein and/or any rule or regulation, or any misrepresentation by Exhibitor of the merchandise described and/or displayed, may subject Exhibitor to the immediate termination, removal of exhibit at Exhibitor’s sole expense) and/or cancellation of any and all present and/or future show reservations, together with the loss of any and/all show fee(s) and/or artwork donation(s), including floater, paid to Fishers Chamber of Commerce or Fishers Arts Council. Execution of the within agreement and/or remittance of deposit(s)/artwork donation(s) does not guarantee Exhibitor a reservation(s) in any show. Exhibitors shall be selected by Fishers Arts Council in its discretion and/or upon the approval of the space. In additional to the foregoing, the Fishers Arts Council, expressly reserves the right to cancel Exhibitor from any confirmed show should it be determined in the sole discretion of the Fishers Chamber of Commerce or Fishers Arts Council which discretion shall not be un reasonably exercised, that the Exhibitor has engaged in any activity which reflects poorly upon the Fishers Chamber of Commerce, Fishers Arts Council and/or the Town of Fishers. If for some reason beyond the control of the Fishers Arts Council becomes impossible to hold any scheduled show in which entry fees and/or artwork donations have been remitted by Exhibitor, all sums will be refunded without liability to the Fishers Arts Council. However, if severe weather conditions or other acts of God, causes the closing of any show, no refunds and/or rain dates shall be due the Exhibitors. Exhibitor alone is responsible for all taxes and/or permits in connection with sales made, as well as comprehensive and liability insurance. Exhibitor alone is responsible for compliance with all local, state and/or federal laws respecting his/her/its exhibition, participation and/or sales. This agreement is entered into and shall be governed by the laws of the State of Indiana and Exhibitor EXPRESSLY Agrees that any and all claims, actions, and/or proceedings with respect to this agreement shall be brought in the Courts of Hamilton County, Indiana to which Exhibitor submits to exclusive jurisdiction.