PARTICIPATION AND WAIVER AGREEMENT
Throughout your participation in the Pan-Pacific Festival, you (the “Participant”) hereby agree to the following terms and conditions:
1. All participants are required to wear appropriate dress/costumes.
- Parade participants are required to wear appropriate dress/uniforms and be at Ft. DeRussy by 4 pm.
- Participant will wear appropriate dress/costumes and be at your designated meeting place on the performance date.
2. Participant will not pass or throw any items to spectators during the parade.
3. Participant will not bring any animals or fireworks to the parade.
4. Participant will submit all participation forms and pay any applicable fees before the performance date.
5. Participant hereby explicitly understands that the Pan-Pacific Festival Foundation Advisory Committee reserves the right to refuse any applicant it deems inappropriate or not in line with the aim, purpose, spirit, and intent of the celebration. Participant agrees to accept any decision made by the Pan-Pacific Festival Foundation Advisory Committee regarding Participant’s participation in the parade.
6. Participant agrees entirely to the rules and conditions stated in these Entry Rules and the Participation and Waiver Agreement below.
PARTICIPATION AND WAIVER AGREEMENT:
Participant agrees to obey and follow all the rules and instructions of the Pan-Pacific Festival Foundation (“PPFF”) during any PPFF sponsored event and to exercise caution and common sense at all times to avoid injuries, accidents, damage, or death to themselves and others. The terms “Participant” and “PPFF” include their respective predecessors-in-interest, past, present, and future officers, directors, shareholders, officials, members, managers, owners, partners, joint venturers, principals, employees, agents, experts, consultants, sub-consultants, attorneys, parent companies, subsidiaries, insurers, successors, commonly controlled or affiliated persons and/or organizations, and all persons or entities claiming by, through, or under any of the foregoing (collectively, “Affiliates”). In addition, Participant represents and warrants that he/she has the authority to execute this Agreement on behalf of all of Participant’s Affiliates, if applicable.
Participant agrees to release, indemnify, defend, and hold harmless PPFF and its Affiliates from and against any and all claims, actions, causes of action, and liability, of any kind or nature, arising out of or connected to the Festival. Participant agrees to assume any risk involved with participation in the Festival.
Participant agrees to pay all fees incurred by Participant and/or its Affiliates, by the deadline provided by PPFF. Additional fees will apply if additional Affiliates of Participant are added after Participant’s application has been submitted and accepted. Participant and its Affiliates will not be allowed to perform at PPFF sponsored events if payment of fees is not received by PPFF by the deadlines provided by PPFF. Participant understands that all payments are final and nonrefundable, even in the case of cancellation of participation.
Participant gives PPFF, Hawaii Tourism Authority (“HTA”), and Hawaii Visitors and Conventions Bureau (“HVCB”), the full and unrestricted right, in perpetuity and throughout the world, to use Participant’s name, voice, likeness, and biographical data, and to edit, reproduce, perform, display, sell, give title to or name, publish, copyright, license, and distribute moving, videotape, and digitally recorded pictures and still photography, with or without sound, and voice recordings and other memorializations (collectively, “Recordings”) created for or in connection with the production of the Festival. The rights granted herein may be exercised in any manner and format, and for any and all purposes, together with the right to sublicense such rights to any third party, in PPFF and its Affiliates’ sole discretion. Participant waives any right to inspect and approve the Recordings, or any use to which the Recordings may be applied.
Participant agrees to release, indemnify, defend, and hold harmless PPFF, HTA, HVCB, and their respective Affiliates, from and against any and all claims, actions, causes of action, and liability, of any kind or nature, arising out of or connected to, or any other act or omission relating to, connected with, or arising out of the Festival and/or the Recordings. Participant agrees to assume any risk involved with the Festival or creation of the Recordings.
