TERMS AND CONDITIONS OF PARTICIPATION

NYSCATE agrees to the participation of the person or organization identified in this application (“Maker”) in Maker Faire Rochester, and the Maker agrees to participate, in accordance with terms of this Agreement. In this Agreement, “we” or “us” means NYSCATE and Maker Faire Rochester, and “you” means the Maker identified above. “Exhibit” means the display and/or demonstration, and/or other activities and materials that you provide or present in the space or work area assigned to you by us at Maker Faire Rochester.

RULES and LAWS: You agree to comply with all applicable laws, the Maker Manual, and any other requirements, and/or rules issued by us in connection with Maker Faire Rochester. You’re 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 Maker Faire Rochester. We may terminate this Agreement and/or your participation in Maker Faire Rochester if you violate this Agreement, or the standards of conduct established by us or by the venue proprietor.

LIMITATIONS ON LIABILITY — INDEMNITY: You agree that we will not be liable in any way to you if we cancel Maker Faire Rochester. You waive any claim or potential claim against us if Maker Faire Rochester is cancelled, 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 Maker Faire Rochester and/or this Agreement, whether or not such Event Provider or you have been advised of the possibility of such damages or lost profits. Neither party’s liability in connection with Maker Faire Rochester, or under this Agreement (except for your indemnity obligations), exceeds three thousand dollars ($3,000). No Event Provider shall be liable to you for any damage, loss, harm, injury or death 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 Maker Faire Rochester - related materials, insufficient participation, accident, or any other reason in connection with Maker Faire Rochester, 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.

MISCELLANEOUS: This Agreement (including the Maker Manual and any accompanying Addendum) constitutes the final, complete, and exclusive agreement between you and us. This Agreement is made in consideration of the parties’ mutual promises contained in it. This Agreement may only be modified by the parties’ express written agreement, signed by both of them. You are an independent contractor and not our agent or employee. This Agreement will be interpreted under New York law. Any action to enforce this Agreement must be brought in the federal or state court located in Rochester, New York, 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. You and your Exhibit may appear in recordings of Maker Faire Rochester and related promotional or documentary materials. Your rights are waived to any images and/or recordings you may appear in while at Maker Faire Rochester and any/all related promotional or documentary materials. You acknowledge that Maker Faire Rochester, 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 transcription, 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 us, and our licensees, the right to use, in connection with the promotion and production of Maker Faire Rochester, your name, likeness, and any trade name and/or logo. The provisions of this paragraph will survive termination of this Agreement.