2021 La Mesa Oktoberfest Terms and Conditions
Participation is at no charge. No racist, sexist, pornographic or otherwise offensive entries are allowed. All participant entries are subject to acceptance by the La Mesa Oktoberfest. The committee reserves the right to refuse entry to any applicant for any reason.
By signing this application/agreement you give McFarlane Promotions and Will Power Community Fitness the exclusive right to use in any media your name, likeness, photos, recordings, video or telecast reproduction of your performance for any purpose including television airing, promotion, advertising or otherwise.
In addition, you further agree to indemnify, hold harmless, and defend against any action against McFarlane Promotions, Inc., City of La Mesa, Will Power Community Fitness, its employees, its officers, its Boards, all persons involved in organizing, sponsoring or conducting the La Mesa OKtoberfest and all related activities, its committees and their respective officers, agents, sponsors and employees, from and against any and all claims, losses, suits, judgments, damages and expenses, including attorney’s fees, for any injury or damage, and any other claims asserted by or on behalf of any third party, and any liabilities whatsoever to anyone associated with my organization/group/business arising from, or in connection with my/our participation in the La Mesa Oktoberfest and all related activities.
I/We, the undersigned, represent and warrant that I/we possess all necessary authority to perform any musical compositions I/we may play in conjunction with the La Mesa Oktoberfest and all related activities. I/We have read and understand this Consent and Release in its entirety. I/We warrant that I/We are properly authorized to sign this Consent and Release on behalf of myself and my organization/group/business.
RELEASE OF LIABILITY AGREEMENT
I/we hereby understand and agree to accept the risk of bodily injury and/or property damage which I/we may incur or cause a third party to incur as a result of my/our participation in the La Mesa Oktoberfest. With this understanding, I/we further agree to indemnify, defend and hold harmless the McFarlane Promotions, Inc., City of La Mesa, La Mesa Oktoberfest, Will Power Commnunity Fitness and their respective officers, agents, and employees from and against any and all claims, losses, injuries, suits and judgments arising from, or in connection with my successors, assigns, heirs, executors and administrators, and any other persons or entities who/which may have a claim based on my/our personal injuries and/or property damage. I/we further understand and agree that this save harmless and indemnification shall apply to and all facilities that the City of La Mesa may own and/or control. Furthermore, I/we have read and agree to abide by the La Mesa Oktoberfest guidelines and rules, as shown in the pages provided and those to be presented with the participant’s information package if my unit is accepted.
I/We have read and understand the Terms and Conditions in its entirety. I/We warrant that I/We are properly authorized to sign this Terms and Conditions on behalf of myself and my organization/group/business.
COVID-19 RELEASE
I understand that the Governor of the State of California and the County of San Diego have placed restrictions on businesses and are requiring them to take certain precautions to prevent further transmission of COVID-19 infections. I: (a) represent, warrant, and certify that at no time during the 14 days preceding did I have any of the following symptoms: fever or chills; cough; shortness of breath or difficulty breathing; fatigue; muscle or body aches; headache; new loss of taste or smell; sore throat; congestion or runny nose; nausea or vomiting; or diarrhea; (b) represent, warrant, and certify that at no time during the 14 days preceding have I been around anyone who has tested positive for COVID-19; (c) accept all responsibility for at all times properly using a face covering, maintaining 6 feet of distance from staff and patrons while I am on premises; (d) agree to do whatever is required by applicable Federal, state, and local regulations, including without limitation complying with all applicable travel restrictions and quarantine requirements; and (e) agree to strictly adhere to all signage posted anywhere on premises regarding COVID-19 infection prevention.
I, for myself, my heirs, and assigns, hereby waive any and any claims, demands, causes of action, or any claims for relief whatsoever against and release McFarlane Promotions, Inc., the La Mesa Village Association, the City of La Mesa, Will Power Community Fitness and La Mesa Oktoberfest organizers from all liability, claims, causes of action, demands, losses, and damages, now or in the future, related to my having or contracting COVID-19 or other illness arising out of or in connection with my attendance.
Photo and Video Release
I hereby authorize McFarlane Promotions, Inc, La Mesa Oktoberfest, and Will Power Community Fitness, to use and publish my photographs taken at The La Mesa Oktoberfest,on Friday, October 1st, Saturday, Saturday, October 2nd, and Sunday, October 3rd for use in McFarlanePromotions, Inc. / The La Mesa Oktoberfest / Will Power Community Fitness, includingthose that are printed, published online, or created in video format. I further attest that any photographsand video taken by myself, employees or my affiliates will be sent to McFarlanePromotions, Inc. / The La Mesa Oktoberfest / Will Power Community Fitness for approval prior to publication by myself,employees or affiliates.I attest that I have full authorization and consent to the publication of these photos. Further, I herebyrelease and hold harmless McFarlanePromotions, Inc. / The La Mesa Oktoberfest / Will Power Community Fitness from any reasonable expectation of privacy or confidentiality associated with theabove-specified images.I further acknowledge that neither I nor any other party who may share ownership of the images describedabove (whether in the past or future), will receive financial compensation of any type associated with thetaking and publication of these photographs or participation in McFarlanePromotions, Inc. / The La Mesa Oktoberfest / Will Power Community Fitness publications. I acknowledge and agree thatpublication of said photographs confers no rights of ownership or royalties whosoever and thatparticipation is voluntary.I hereby release McFarlanePromotions, Inc. / The La Mesa Oktoberfest / Will Power Community Fitness, its contractors, its employees and any third party involved in the creation or publication ofmarketing materials from liability for any claims by me or any third party in connection with myparticipation.