TERMS AND CONDITIONS OF PARTICIPATION
Provided that your application is accepted, and subject to the terms of this Participation Agreement (“Agreement”), Maker Media, Inc. (“Maker Media”) agrees that the person or organization identified below (“Maker”) may participate in World Maker Faire New York 2018 (“Maker Faire”). The Maker agrees to participate in Maker Faire and to comply with this Agreement. In this Agreement, “we” or “us” means Maker Media, and “you” means the Maker identified below. “Exhibit” means the display, demonstration, presentation, performance, and/or other activities and materials that you provide or present at Maker Faire. “Exhibitor Information” means all private information submitted in your Call for Makers application that is indicated as intended for public use.

Maker Media, Inc. (“Maker Media,” “us,” or “we”) owns and operates Make: magazine, makermedia.com, makezine.com, makerfaire.com, makershare.com, makershed.com, makercamp.com, and all associated services (together, “Maker Media Services” or the “Services”). All information about makers and exhibits published to Maker Media Services is subject to our Privacy Policy (https://makermedia.com/terms-and-privacy-policy/#privacy-policy) and Terms of Use (https://makermedia.com/terms-and-privacy-policy/#terms-of-use).

Your submission of your application creates a contract that limits the liability of Maker Media Services, Maker Faire sponsors, suppliers, concessionaires, staff, booth exhibitors, and venue proprietors; and each of their respective officers, directors, employees, representatives, affiliates and owners (collectively and individually, “Promoters”).

We reserve the right to refuse your participation or reject your application without cause. If you are accepted, we may terminate this Agreement and/or your participation in Maker Faire if you violate this Agreement or the standards of conduct established by us or by the venue proprietor. You agree to all of the following provisions:

SPACE: Maker Media will assign space at Maker Faire for your Exhibit (the "Space"). Your construction, layout, and maintenance of the Exhibit must be in full compliance with the Maker Toolkit. (the “Toolkit”). Maker Media may reassign the Space or alter the Make Faire layout or venue at any time. The Space is for your use only. You may not share, sell, assign, sublease, or otherwise transfer all or any part of the Space to anyone without Maker Media's prior written consent, which Maker Media may grant or withhold at its sole discretion. Your Exhibit must fully occupy the Space, and the Exhibit and any related activities must be confined within the Space. You are responsible for all display elements; internet, electrical and audio-visual equipment; and any other equipment or elements required for use in the Space unless Maker Media otherwise agrees in writing. You must construct the Exhibit safely using sound engineering and construction practices, and you must install, occupy, and dismantle the Exhibit in accordance with Maker Media's schedule and the Toolkit. If Maker Media determines at any time before or during the Event that any Exhibit (or any element thereof, including any product or service) is objectionable or unsuitable for Maker Faire, Maker Media will so advise you, and you must immediately remove any objectionable or unsuitable material.

RULES and LAWS: You agree to comply with all applicable laws, the Maker Toolkit, and any other requirements, and/or rules & regulations issued by us in connection with Maker Faire. You are responsible for obtaining any permissions required for your performance, distribution, or posting of copyrighted material; for obtaining any necessary licenses and permits (other than our permits for the Maker Faire as a whole); and for payment of all taxes (including sales and use taxes), license fees, or other charges applicable to your participation in Maker Faire.

ACKNOWLEDGEMENT OF RISK: By participating in Maker Faire, you assume all risks to you and your children of attending and participating in the Maker Faire. You acknowledge that Maker Faire exhibits and activities are inherently hazardous, and that risks to you and your children include physical injury, including death, and property damage and loss. You are solely responsible for supervising and controlling the children in your party and ensuring their safety.

RELEASE OF LIABILITY: You hereby release the Promoters, and each of them, from any and all liability, including but not limited to (1) damage to or loss of your property, (2) harm, injury and death to yourself and your children, and (3) all risks resulting from negligent or incorrect instruction or supervision by Promoters or anyone providing a booth or activity. This release is intended to discharge in advance all liability related to your and your children’s participation in the Maker Faire, even though that liability may arise out of negligence, carelessness, or other conduct on the part of Promoters or third parties. This release of liability applies to your successors and heirs.

LIMITATIONS ON LIABILITY: You agree that we will not be liable in any way to you if we cancel or reschedule Maker Faire. You waive any claim or potential claim against us if Maker Faire is cancelled or rescheduled, and release us from any resulting or related liability, cost, expense, or damage. The Promoters will not be liable to you for damages of any kind, including but not limited to lost profits or other indirect, incidental, consequential, or exemplary damages in connection with Maker Faire and/or this Agreement, whether or not such you have been advised of the possibility of such damages or lost profits, or any damage, loss, harm, or injury to your person, property, or business except to the extent that applicable law does not permit such damage limitations.

INDEMNITY: You agree to defend, indemnify, and hold harmless the Promoters, and each of them, from and against any claim, cost, expense, loss, liability, or damage incurred as the result of any third-party claim based on (i) your construction or maintenance of an unsafe Exhibit, and/or (ii) your (or your agent’s) negligence or willful misconduct, and/or (iii) your material breach of this Agreement.

PHOTOGRAPHY, RECORDINGS AND PUBLICITY RIGHTS: You acknowledge that Maker Faire, including you and the Exhibit(s), may be recorded in photographs, audio, visual, and/or audiovisual media (“Recordings”) by us and/or Maker Media licensees, and you consent to the making and use of such Recordings by us and/or Maker Media licensees for any purpose, such uses including without limitation transcription, modification, reproduction, public display, distribution, broadcast, and transmission in any form. You release Maker Media Services, and Maker Media licensees, from and waive any claims related to or arising by reason of the making and/or use of any such recordings. You grant Maker Media Services and our licensees the right to use your name, likeness, and any trade name and/or logo. The provisions of this paragraph will survive termination of this Agreement.

FILMING AT MAKER FAIRE: All media, film and photography crews must register via the Maker Faire Media Page. Photography and videography at Maker Faire Events is not permitted without press credentials and a Camera Tag provided by the Maker Faire Media Department. Press credentials and camera tags are issued at the discretions of Maker Faire and can be withdrawn at any time if misused.

USE OF YOUR INFORMATION, RECORDINGS, AND MATERIALS ON MAKER MEDIA PLATFORMS: You agree that Promoters may reproduce and display publicly for editorial and promotional purposes any written or electronic materials that you submit to us in connection with your application, as well as images and Recordings of your Exhibit (all of the foregoing, your “Project”), in and on Maker Maker Services and any other digital or print platform or medium sponsored or co-sponsored by Maker Media. You further agree that Promoters may publicly identify you in connection with your Project, including but not limited to publishing your name, location, and image. You waive any right to privacy or publicity that you may have in connection with all of the foregoing.

LICENSE. You grant to Maker Media Services and all users of its digital and print platforms and media a license to use and reproduce your Exhibitor Information and Project under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license (available at https://creativecommons.org/licenses/by-nc-sa/4.0/). Additionally, to the extent permitted under applicable law, you agree not to assert any and all rights that you may have under laws worldwide that concern “moral rights" or “droit moral," or similar rights, in connection with your Project. By agreeing to these rights, you allow others to share, redistribute, remix, transform, and build upon your Project as long as they provide attribution to you, link to the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license (https://creativecommons.org/licenses/by-nc-sa/4.0/) and identify any changes made to your Project. You are solely responsible and liable for the consequences of posting and making your Project available and allowing others to access and/or use Your Content. You acknowledge and agree that your Project may be viewed worldwide.

MISCELLANEOUS: This Agreement (including the Toolkit and any accompanying Addendum) constitutes the final, complete, and exclusive agreement between you and us. This Agreement is made in consideration of the parties’ mutual promises contained in it. This Agreement may only be modified by the parties’ express written agreement, signed by both of them. You are an independent contractor and not our agent or employee. This Agreement will be interpreted under California law applicable to contracts made and performed by California residents in California. Any action to enforce this Agreement must be brought in the federal or state court located in San Francisco, California, and the parties agree to the exclusive venue and jurisdiction of these courts. You are not permitted to assign or otherwise transfer your rights or obligations under this Agreement to anyone else. All licenses and consents given under this Agreement are perpetual.

By signing below, you confirm that you have read this Agreement and that you understand and agree that your compliance with this Agreement is a condition of your participation in Maker Faire, and i) if you are signing on behalf of yourself as an individual, you warrant and represent that you are over 18 years of age, and ii) if you are signing on behalf of an organization (including a business), that you are fully authorized to execute this Agreement on behalf of the organization.