Culture Bearer/Performer Statement of Agreement
2019 Statement of Agreement and Understanding
CULTURE BEARERS / PERFORMERS
1. Culture bearers may not sublet or apportion space to anyone else without prior approval through formal application process. The artist who designs and creates the artwork and is a principal of the business must be present at the festival. If artwork is signed by an individual, that person is required to be at the festival.
2. All exhibits, goods and materials must be promptly removed at the end of the festival.
3. Loud amplified music, or other sounds, contraband, and dangerous objects are prohibited.
4. The sale of counterfeit or bootlegged merchandise is prohibited and subject to confiscation. Performer will be removed from Main Street Square premises.
5. Culture bearers are responsible for the cleanliness, safety, insurance and security of his/her property.
6. Culture bearers/performers are not to bring pets to the festival.
7. Culture bearers/performers must be the age of 18 on or before the day of the show on Saturday, July 20, 2019.
8. Native POP will not be liable for refunds or any liabilities whatsoever for the failure to fulfill this contract due to any reason before or during the festival, including being destroyed by fire or other calamity, by any natural disaster, public enemy, strikes, statutes, ordinances of any legal authority, or any cause beyond its control.
9. PERFORMERS ONLY: You are responsible for collecting and forwarding applicable South Dakota sales tax to the Department of Revenue from all sales. Information can be found online at www.dor.sd.gov or call the Rapid City office at 605.394.2332.
10. Native POP reserves the right to evoke this contract at any time, including at the festival. Native POP will not be liable for paying any travel expenses, lost revenue or any other liability whatsoever as a result of enforcing this provision.
11. Native POP shall not be responsible for any loss or damage to any property of the culture bearers/performers for any reason, including theft, unless such loss or damage is caused by the gross negligence of Native POP or any of its employees.
12. Culture bearers/performers shall indemnify, hold harmless, defend and reimburse Native POP, its board of directors, organizing committee, officers, agents and employees from any and all losses, claims, liability, damages, actions, judgments recovered from or assessed against exhibitor or above named indemnity, plus expenses (including without limitation, attorney’s fees and expenses) for any injury to or death of any person(s) or any loss of, through theft or otherwise, or damage to property arising in any way in connection with the festival or use of the space.
13. Culture bearers/performers found in violation of any of the conditions may be excluded and have their exhibits removed/performance cancelled from current and/or future festivals at the sole discretion of Native POP. Under no circumstances, including negligence, shall Native POP be liable for any direct, indirect, incidental, special or consequential damages resulting from such action.
14. If any section, sentence, clause, phrase or portion of this contract is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision and such holding shall not affect the validity or the remaining portions.
15. This contract constitutes the entire agreement between Native POP and the culture bearers/performers and no modification shall be valid unless in writing and signed by the parties and their representatives. Culture bearers/performers acknowledge by signing they are legally bound by the condition of the festival.
16. Native POP reserves the right to make final interpretations of all rules and regulations.
I, the undersigned, as an authorized person, officer or director of the participant herein named, do hereby agree release, hold harmless and indemnify the Native POP, Rapid City Arts Council, Destination Rapid City and Main Street Square, its officers, directors, employees and sponsors from any financial loss that may occur as a result of, or relating to, exhibiting at Native POP. I further agree that I will abide and follow all state tax regulations. I have read, understand and will abide by all of the conditions of the festival. Failure to do so may result in revocation from this festival and/or future events.