Liability Exclusion.
Sports Backers will hire security personnel in an attempt to secure materials / property on Xxxxx’x Island and Tredegar Street when the Festival is not open to the general public. However, neither Sports Backers nor Venture Richmond will be liable for loss or damage to Exhibitor’s property from theft, fire, accident or any other cause beyond its control. Exhibitor understands that Sports Backers, Venture Richmond, and / or the City of Richmond, Virginia (“City of Richmond”) do not maintain insurance covering Exhibitor’s property and it is the sole responsibility of Exhibitor to obtain such coverage if desired. Exhibitor agrees to indemnify and hold harmless Sports Backers, Venture Richmond, City of Richmond, Dominion Energy, Inc., NewMarket Corporation, and all other sponsors, including officers, directors, organizers, owners, agents, representatives, and / or employees of the foregoing (collectively referred to hereafter as the “Indemnified Parties”), from all claims, demands, damages, and liability of whatsoever kind or character asserted by any person or persons, including but not limited to, injury to or death of persons or damage to the property of any person arising out of the Exhibitor’s participation in the Festival (including claims arising out of any products, goods or services distributed or provided by Exhibitor), Exhibitor’s use of Xxxxx’x Island or Tredegar Street, the acts or omissions of Exhibitor or its agents, employees, invitees or participants in any activity conducted by Exhibitor and / or a breach of any of these Rules, Regulations, and Conditions by Exhibitor or its agents, employees or invitees. Exhibitor shall pay to the Indemnified Parties all expenses incurred by the Indemnified Parties to enforce any of the Rules, Regulations, and Conditions of this Contract Addendum, including, but not limited to, their actual attorney’s fees, costs, and / or expenses. SPORTS BACKERS AND VENTURE RICHMOND MAKE NO WARRANTIES OF ANY KIND REGARDING THE FESTIVAL OR THE OPPORTUNITIES PROVIDED PURSUANT TO THIS ADDEDUM, ALL OF WHICH ARE PROVIDED “AS IS.” EXHIBITOR EXPRESSLY RELEASES THE INDEMNIFIED PARTIES FROM ALL CLAIMS FOR LOSS, DAMAGE OR INJURY ARISING OUT OF ITS PARTICIPATION IN THE FESTIVAL. IN NO EVENT WILL ANY OF THE INDEMNIFIED PARTIES BE LIABLE TO EXHIBITOR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT LOSSES OR DAMAGES, WHETHER SUCH LOSSES, DAMAGES, OR CLAIMS ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT L...
