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for Italian Corral (Exhibitors), Non-Italian Corral and Vendors
Concorso Italiano is an event owned by Concorso Italiano Inc., a Washington State Corporation.
Concorso Italiano at Bayonet Black Horse Golf Courses at Monterey Bay, Seaside, California August 18, 2006
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RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
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IN CONSIDERATION of being accepted to participate as an Italian Corral, Vendor or Non-Italian Corral Participant in the 2006 Concorso Italiano (held on the property of Bayonet-Black Horse Golf Courses at Monterey Bay, Seaside, California) THE PARTICIPANT, for himself, his personal representatives, heirs, estate, and next of kin, acknowledges, agrees and represents that:
1. THE PARTICIPANT HEREBY accepts the risks inherent in the event and hereby agrees to release Concorso Italiano, Inc., its owners and affiliates, Event Sponsors, Bayonet Black Horse Golf Courses, California State University Monterey Bay, the City of Seaside, and all Participating Clubs and any and all employees or contractors or their assigns from any loss, liability or damage caused to the Participant or to the Participant's personal property, including claims for negligence, which arise out of the participation in or travel to the event at the Bayonet Black Horse Golf Courses.
2. THE PARTICIPANT HEREBY agrees to safe harmless and indemnify Concorso Italiano, Inc., its owners and affiliates, Event Sponsors, Bayonet Black Horse Golf Courses, California State University Monterey Bay, the City of Seaside (Indemnities), from all claims for loss, damage, cost, expense, fine or penalty, regardless of whether the same is also indemnified against by any other person, arising out of or in connection with the Participant's participation in or travel to the event at the Bayonet Black Horse Golf Courses, regardless of any omission or negligence of any Indemnity.
3. THE PARTICIPANT WARRANTS THAT automotive liability and property insurance is attached to the vehicle that has been registered for the 2006 Concorso Italiano. The Participant understands that the Participant's vehicle insurance will be solely responsible for any property damage or liability claims that occur at the 2006 Concorso Italiano.
4. THE PARTICIPANT AGREES that any property damage to Bayonet Black Horse Golf Courses as a result of negligent behavior by the Participant will be the sole financial responsibility of the Participant.
5. THE PARTICIPANT further expressly agrees that the foregoing release, waiver, and indemnity agreement is to be as broad and inclusive as is permitted by the law in the state of Washington, or the appropriate sovereign governing body, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
6. THE PARTICIPANT HAS READ AND VOLUNTARILY SIGNED THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT appearing on the front of the Italian Corral, Vendor or Non-Italian Corral Application, and further agrees that no oral representation, statement or inducement apart from the foregoing written agreement has been made.
7. The parties agree that this agreement shall be interpreted in accordance with the laws of the State of Washington, regardless of whether the courts of the State of Washington would have jurisdiction to decide issues arising under this agreement. Any dispute relating to or arising out of this agreement shall be submitted to binding arbitration with the American Arbitration Association, for hearing in Seattle, Washington.
1. Only qualified and registered vehicles will be allowed to park in the specific Italian Corral (Exhibitor) and Non-Italian Corral areas (no rental cars). If vehicle occupants possessing an Italian Corral (Exhibitor) and Non-Italian Corral pass arrive in a car other than that which was registered with Concorso, the vehicle will not be allowed onto the Green and the occupants will be asked to purchase Spectator Tickets to enter the event. The respective passes allow entry for up to two occupants as the vehicle enters the Fairway or Non-Italian Corral. If you arrive later or in another vehicle, you will need to purchase a Spectator Ticket.
2. Cancellation requests submitted in writing (mailed or faxed) will be accepted until July 1st. Absolutely no refunds after July 1st. Refunds will be issued the week of September 13th, 2004, less a processing fee of $25.
3. Spectator Tickets are non-refundable.
4. Change Order Fee: In addition to prevailing prices, a $10 processing fee will be charged for any changes made to orders (e.g., from Italian Corral (Exhibitor) to Non-Italian Corral, from Italian Corral (Exhibitor) to Spectator Tickets.)
5. Alcoholic beverages are available at the Black Horse Golf Club concessions. Drivers of any motor vehicle are reminded to stay within the state's limits with regard to alcohol and driving. Please do not drink and drive.
6. Concorso Italiano reserves the right to ask any party not observing the standards set forth here, but not limited by these standards, to immediately leave the property.
7. The Concorso Italiano Chairman reserves the right to make the final decision in any matter concerning Concorso Italiano.
8. Dogs or other animals are not allowed (except those for the sight impaired). Please leave pets at home.
9. Spectator parking is in the designated parking areas only.
10. Spectators and fellow enthusiasts are asked to respect the cars. Please do not, under any circumstances, touch a car without the owner's permission, and please be careful that your purse or camera do not make contact with a car.
11. Small trucks will park in designated areas only.
12. Transporters: Large Transporters must have a Special Pass, be pre-authorized and have received the Transporter Instruction & Authorization Packet. Please contact the Concorso office at 425-742-0632 for details.
Overnight Transporter Parking will be available. Transporters larger than a flat bed or single-car trailer will not be allowed onto McClure Way or the Golf Course property.
13. Absolute respect for the Green and surrounding property is expected. Do not spin your tires on the Green. Maximum speed of 5 mph while on the Green.
14. As a condition of displaying cars at Concorso Italiano, Italian Corral (Exhibitor) agree to leave cars in place until 4:30 p.m. Please, no exceptions.
15. Canopies, banners or other signage relating to Italian Corral (Exhibitor) or Non-Italian Corral vehicles are not allowed. "For Sale" signs are limited to one 3-1/2" x 2" business card size.
16. Cars Must Be Clean. It is not necessary that your vehicle be in concours condition; however, it is a pre-requisite that your vehicle be free of dirt and other debris before entering the Green.
17. Things can happen at Concorso Italiano -- just like any other place where your beautiful car or bike is displayed. We recommend you or a friend watch your vehicle at all times. Also, be sure your vehicle's insurance is in full effect. We cannot over-emphasize the benefits of insurance.
18. Concorso Italiano assumes no responsibility for representations or warranties of Vendors or their products or services.
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VENDOR SPECIFIC TERMS & CONDITIONS
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1. Unless you are an approved Concorso Italiano Vendor, absolutely no soliciting is allowed, including, but not limited to, distributing any material, brochures or offerings of any kind on Black Horse Golf Course property without written permission from the organizers of Concorso Italiano. Registered Concorso Italiano Vendors agree not to distribute any flyers or brochures outside their specific Vendor Space.
2. Items rented to Vendors are the responsibility of the Vendor. The replacement cost of any rental item not returned or missing will be charged to the Vendor.
3. Use of the Concorso Italiano logo on any item sold is prohibited unless written authorization has been obtained. Absolutely no unauthorized clothing sales of any type, no non-Italian automobiles in Vendor booths, and no subletting is allowed.
4. Concorso Italiano does not assume any responsibility for loss at the event. Please be sure your insurance is in full effect.
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CORPORATE PAVILION TERMS AND CONDITIONS
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1. Unless you are an approved Concorso Italiano Corporate Pavilion, absolutely no soliciting is allowed, including, but not limited to, distributing any material, brochures or offerings of any kind on Bayonet Black Horse Golf Course property without written permission from the organizers of Concorso Italiano. Registered Concorso Italiano Corporate Canopies agree not to distribute any flyers or brochures outside their specific Corporate Pavilion Space.
2. Items rented to Corporate Canopies are the responsibility of the Corporate Canopies. The replacement cost of any rental item not returned or missing will be charged to the Corporate Canopies.
3. Use of the Concorso Italiano logo on any item sold is prohibited unless written authorization has been obtained. Absolutely no unauthorized clothing sales of any type and no subletting is allowed.
4. Concorso Italiano does not assume any responsibility for loss at the event. Please be sure your insurance is in full effect.
5. All Corporate Canopies must have a Permanent or Temporary California Seller's Permit (tax number) to vend at the Event. Failure to produce number will forbid vending at the Event.
6. Set-up: Corporate Canopies must set-up Thursday, August 17, 2006, between the hours of 9am-7pm. NO Corporate Pavilion vehicles will be allowed on the Green or beyond parking areas on Friday.
7. Corporate Canopies agree to abide by all rules and regulations as promulgated by Concorso Italiano from time to time.
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