RELEASE AND WAIVER OF LIABILITY
I, the Rum/Spirits Exhibitor, hereby agree to indemnify, defend and hold the Cocoa Reggae and Rum Festival, Cocoa Riverfront Park, Sarasota Caribbean Charities Inc, Sarasota Caribbean Festival, and the City of Cocoa their officers and agents (all hereinafter referred to as the “Event Host”) harmless from any loss, liability, costs, attorneys’ fees, or damages arising from actual or threatened claims or causes of action resulting from the negligence or intentional actions of the as it relates to the Exhibitor, or each respective officers, contractors, members, guests, volunteers, or participants, including any indirect, consequential, or punitive damages. Any controversy, claim, or dispute arising from or relating to this Release and/or the Event Host shall, at the option of the Event Host, be settled through nonbinding mediation or binding arbitration conducted in accordance with the rules of the American Arbitration Association or through an action brought in any court of competent jurisdiction. In connection with any such mediation, arbitration or court action, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs. THE EXHIBITOR EXPRESSLY WAIVES THE RIGHT TO A TRIAL BY JURY.
The exhibitor gives permission to the Event Host for the use of any photographs and information supplied by the exhibitor, and to take any photographs of the exhibitor, the exhibitor’s officers, contractors, agents or guests and to use such photographs or information with or without the Sponsor’s name. I authorize the Event Host, its assigns and agents to copyright, use and publish the same in print and/or electronically. I have read the above and accept the terms and conditions.