MACFest Licensee Waiver & Release

 MACFest Licensee Waiver & Release

Licensee acknowledges that Mesa City Code Section 9-2-3(B) provides:
Terms of Permit. Encroachments into the public right-of-way for which a permit has been issued shall not exceed the terms, conditions, period of time, or extent specified by the permit, and the permit may be revoked at any time by the City Engineer. The City Engineer shall not issue such permit until the applicant shall have executed and delivered to the City an undertaking to hold the City harmless of and from any liability of any nature resulting from any such encumbrance or obstruction being located within the right-of-way and releasing the City from any liability for an obligation to maintain the encroachment or for any damage thereto. The applicant for a permit shall also agree in writing to remove same and restore the premises to the original condition without compensation and upon request by the City Engineer.
Based on the above, Licensee asserts the following:

 
WAIVER
I understand that the City of Mesa has extended a license to me that allow me to lawfully use designated City-owned real property, including public rights-of-way, in connection with MACFest’s permit. I voluntarily waive, release, and discharge any claim I may have against the City of Mesa in connection with any defects of said property and accept my license of the property in “as-is” condition. I agree to restore said property to the same condition in which I received it.
HOLD HARMLESS
I voluntarily agree to hold harmless the City of Mesa, its employees, supervisors, appointed officials, agents, representatives and volunteers from all event attendee(s) claims for all injuries that occur in connection with my use of the above referenced license, no matter how severe. My agreement to the preceding sentence does not extend to any such claim or liability that is solely and exclusively caused by the gross negligence of the City of Mesa or its employees, supervisors, appointed officials, agents, representatives and volunteers.
USE OF IMAGES
Artist understands and grants permission for photographs, video and other recordings of artists, displays and their artwork made by MACFest, their agents, assigns, employees, may be used for promotional, advertising, archiving, and/or educational purposes by MACFest without remuneration to the artist. This includes, but is not limited to; use in news releases, print, television, and the MACFest website.