Cancellations: on or before August 31st: $25 fee will be assessed; on or after September 1st: NO refunds will be made. DULUTH FALL FESTIVAL, INC. – 2023 PANDEMIC CLAUSE The Duluth Fall Festival, Inc. currently intends to hold its annual festival on September 30th and October 1st, 2023, with set up on September 29th. The Duluth Fall Festival, Inc. is currently monitoring COVID-19 health advisories in the State of Georgia and nationally, its 2023 Festival is subject to health and safety concerns presented by COVID-19. If Duluth Fall Festival Inc is forced to cancel the festival, you will be notified by July 31, 2023 and all fees paid shall be returned. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread from person-to-person contact. As a result, international, federal, state, and local governments and international, federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Under Georgia law, there is no liability to the Duluth Fall Festival, Inc. for an injury or death of an individual entering the Duluth Fall Festival, Inc. if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering the Duluth Fall Festival, Inc. The performance of this or any agreement by the Duluth Fall Festival, Inc. shall be subject to force majeure, including but not limited to acts of God, fire, flood, natural disaster, war or threat of war, acts or threats of terrorism, civil disorder, unauthorized strikes, governmental regulation or advisory, recognized health threats as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies (including but not limited to the health threats of COVID-19, H1N1, or similar pandemics or infectious diseases), curtailment of transportation facilities, or other similar occurrence beyond the control of the parties, where any of those factors, circumstances, situations, or conditions or similar ones prevent, dissuade, or unreasonably delay at least 25 percent of prospective Duluth Fall Festival, Inc. attendees from appearing at the Duluth Fall Festival, Inc., or where any of them make it illegal, impossible, inadvisable, or commercially impracticable to hold the Duluth Fall Festival, Inc. or to fully perform the terms of this agreement. The Duluth Fall Festival, Inc.’s nonperformance shall be excused by force majeure or pandemic as outlined above. You agree that this agreement may be cancelled by the Duluth Fall Festival, Inc., without liability, damages, fees, or penalty, and any unused deposits or amounts paid will be refunded, for any one or more of the above reasons, by written notice to the other party.By submitting this application, I acknowledge that I have read and fully understand all the terms and conditions of this application, and I understand that this application creates a binding contract between me, and any entity through which I shall conduct business at the Duluth Fall Festival (collectively, jointly and severally, the “Exhibitor”) and the Duluth Fall Festival, Inc., The Exhibitor hereby agrees to abide by all of the terms of this contract, as set forth herein, and by all additional rules and policies imposed by the Festival upon its participation in the Festival, should this application be accepted. The Exhibitor hereby agrees to defend, indemnify, and hold harmless the Festival and its personnel, the City of Duluth (the “City”), all organizations and persons sponsoring, managing, or in any other way participating in the Duluth Fall Festival, from any loss, expense, liability, claim, damage, penalty, or lawsuit in any way arising from the Exhibitor’s involvement or presence, or that of any employee, contractor, or other personnel under the direction of the Exhibitor, at the Duluth Fall Festival. The Exhibitor hereby agrees that all disputes arising or relating to this agreement with the Duluth Fall Festival, Inc. will be adjudicated solely in binding arbitration in Gwinnett County, Georgia with an arbitrator selected by Duluth Fall Festival, Inc., and that the sole venue for disputes regarding this arbitration provision shall be the Superior Court of Gwinnett County, Georgia.Interpretation and ViolationAny points not covered elsewhere are subject to settlement by the Duluth Fall Festival committee. Any violation by an Exhibitor of these policies, rules, or regulations may void the agreement for booth space and such Exhibitor shall forfeit all monies that have been paid. The Duluth Fall Festival reserves the right to terminate the agreement for booth space without written notice.
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