This Participant Agreement, hereinafter referred to as “this Agreement”, states the terms of the parties’
agreement with respect to personal property, hereinafter referred to as the “furniture”, entering into the #knottooshabbyBAZAAR Furniture Makeover Competition with Knot Too Shabby hereafter referred to as the “KTS” by the participant identified below, hereafter referred to as the “Participant”. Participant agrees to enter into the Furniture Makeover Competition at Knot Too Shabby Bazaar, subject to the terms set forth in this agreement.
1. PARTICIPANT PRIVILEGES.
(a) Participant guarantees that all furniture has been painted in Chalk PaintⓇ, decorative paint by Annie Sloan and/or Miss Mustard Seed’s milk paint. Neither factory-finished furniture, furniture painted in other paint brands, nor furniture painted in homemade paints will be permitted. Participant guarantees that they have done at least 75% of the makeover work themselves. Participant agrees to withdraw the furniture from the event if in KTS’ sole discretion, the furniture is the furniture is inappropriate for display, morally objectionable, or for any other reason KTS deems appropriate.
(b) Participant understands that a minimum of 5 participants is required for the #knottooshabbyBAZAAR Furniture Makeover Competition to take place. If, 1 week prior to the event, less than 5 participants have registered, the competition will be cancelled and the participants will be notified by email.
(c) Participant must be over the age of 18 or have the consent of their parent or legal guardian.
2. INSURANCE AND LIMITATION OF LIABILITY.
The Participant shall be solely responsible for maintaining insurance on the furniture until the knot too shabby BAZAAR is concluded, whichever comes first. KTS shall not be liable in any way for damages, whether general, special, incidental or consequential, however caused, whether by loss, theft or damage, including negligence, and including the transportation and display of the furniture. Any insurance claims arising from the damage of the furniture during display or transportation shall be the responsibility of the Participant. Event may be canceled due to extreme weather conditions or lack of participation with no compensation available.
3. RESPONSIBILITIES AND LIMITATIONS OF THE PARTICIPANT.
(a) Participant must set up their furniture during the hours of 8:30 am and 9:45 am on the scheduled day of the event. Participant is solely responsible for transporting and displaying their furniture and 8x10 "before" photo. Participant agrees to display their entry at a location in the Glendora Village as directed by the KTS staff. Also, Participant must be present at the conclusion of the #knottooshabbyBAZAAR Furniture Makeover Competition to win. Winner will be announced between 2:00 pm and 3:00pm. If the winner is not present, another winner will be chosen. Participant must not remove furniture before the conclusion of the event at 3:00 pm.
(b) Display of furniture may not be used to advertise or sell*.
*Participants who are Vendors at the knot too shabby BAZAAR may advertise their booth at the event.
4. MEDIA RELEASE.
Participant agrees that their own image and/or images of their furniture may appear in print, TV, and on the internet, and by participating at this event Participant enters into a full release for these purposes.
5. PARTICIPANT’S WARRANTIES AND INDEMNITY.
Participant releases KTS, its employees and agents, of any and all liability for damages or loss that may occur during the time that the furniture is on display at the knot too shabby BAZAAR. Participant also releases KTS, its employees and agents of any and all liability for any bodily damage to people or animals. Participant understands shall KTS and its authorized photographer shall retain full copy, reproduction and photographic rights to any pictures taken during any and all processes and transactions, even if the furniture is withdrawn. Participant’s warranties and indemnification shall survive the completion of the events contemplated by this Agreement, and shall apply to the furniture displayed pursuant to this Agreement.
(a) Except as otherwise specified herein, no modifications or amendment of this Agreement shall be binding unless contained in a writing signed by the party to be bound thereby and no waiver, promise or representation by KTS or any of its agents or representatives shall bind KTS unless contained in a writing signed by KTS.
(b) If any part of this Agreement is deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect.
(c) The parties acknowledge that they have carefully read this Agreement, understand the contents thereof, and sign this Agreement as their own free act and deed.
(d) This Agreement shall be interpreted and enforced pursuant to the laws of the State of California. Participant has read and understands all of the terms and conditions of this agreement. Should the Participant bring any legal action against KTS related to this transaction, the matter shall be decided in a court of law in the State of California. In the event that said court of law decides in favor of KTS, the Participant agrees to pay all legal costs incurred by the KTS to defend against such action.
177 N. Glendora Ave.
Glendora, CA 91741