Liability Waiver & Indemnification.

A signed liability waiver and indemnification agreement is required from every individual who participates in the Lexington Blueberry Festival in any capacity. This includes:

• All parade entries — Sunday Funday Parade and Blue Lights & Bubbles Parade entrants, including every member of an entered group.
• All food vendors and business vendors setting up a booth on festival grounds.
• All arts & crafts vendors with a booth, table, or sales area.
• All car and bike show entrants, including every driver and vehicle owner.
• All Miss Blueberry Pageant contestants; for contestants under 18, the parent or guardian also signs on the minor's behalf.
• All volunteers, whether helping during the festival, before setup, or after teardown.

Your application or registration will not be considered complete until a signed waiver is on file. There are no exceptions.

In consideration of being permitted to participate in the Lexington Blueberry Festival, the undersigned (and any parent or guardian of a minor participant) releases, discharges, and holds harmless the Lexington Blueberry Festival of Ohio, its officers, directors, employees, volunteers, sponsors, agents, and the City of Lexington, Ohio, Lexington Community Park, and all other parties involved in the event (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, costs, expenses, attorney fees, damages, and liabilities of any kind whatsoever, whether known or unknown, that arise out of or are related to:

• Your participation in the festival
• Your presence on festival grounds or at any festival event or venue
• Travel to or from the festival
• Any injury, illness, property loss, or property damage you may suffer in connection with the festival

This release applies whether the loss is caused by the negligence of the Released Parties or otherwise, except for damages caused by willful misconduct or gross negligence. This release is intended to be as broad and inclusive as permitted by Ohio law.

You agree to indemnify, defend, and hold harmless the Released Parties (as defined above) from and against any and all claims, lawsuits, judgments, costs, expenses (including reasonable attorney fees), damages, and liabilities of any kind that any third party may assert against the Released Parties arising out of or related to:

• Your acts or omissions while participating in the festival
• The acts or omissions of anyone in your group, vehicle, booth, or under your supervision
• Any property you bring to the festival, including vehicles, equipment, food, or merchandise
• Any service you provide or product you sell at the festival
• Any violation of festival rules, local ordinance, state law, or federal law arising out of your participation

This indemnification obligation survives the conclusion of the festival and remains in effect indefinitely with respect to claims arising out of your participation.

You acknowledge and understand that participation in the festival involves known and unknown risks that could result in injury, illness, property damage, or other loss. These risks include but are not limited to:

• Weather conditions including heat, sun exposure, rain, lightning, and high winds. The festival runs rain or shine.
• Uneven terrain. Lexington Community Park has grass, gravel, and paved areas. Some areas (including the Car & Bike Show field) are uneven.
• Crowd-related risks including jostling, falls, and lost children.
• Vehicle traffic in parking areas, parade staging, and the Car & Bike Show area.
• Food allergens and food sensitivities. The festival cannot guarantee any food sold by vendors is free of allergens, gluten, or specific ingredients.
• Loud noise and fireworks on Saturday August 22.
• Bright lights, strobe effects, and amplified music on the Brightspeed Stage.
• Pyrotechnics and fireworks debris in the area of the Saturday fireworks viewing.
• Animal exposure, since service animals and leashed pets are welcome.

You voluntarily assume all such risks, whether known or unknown, foreseen or unforeseen, in connection with your participation. You also assume responsibility for taking appropriate safety precautions, including those recommended by festival staff.

You authorize festival staff, paramedics, and emergency medical personnel to obtain and administer emergency medical treatment to you (and any minor under your care) if you are unable to consent at the time, including transport to a hospital if necessary.

You agree that you are solely responsible for any medical expenses incurred in connection with such treatment. The festival does not provide medical insurance or accident coverage to participants.

You confirm that, to your knowledge, you are physically and mentally capable of safely participating in the festival activities for which you have registered. If you have a medical condition that could be affected by participation (heart condition, asthma, allergies, pregnancy, recent surgery), you are responsible for consulting your physician before participating.

If you require accommodations during the festival, please contact us in advance at info@lexblueberryfest.com so we can plan together.

You grant the Lexington Blueberry Festival, its agents, photographers, and partners permission to photograph, video record, and audio record you (and any minor under your care) during your participation in the festival.

You grant the festival the perpetual, irrevocable, royalty-free right to use, reproduce, modify, publish, and distribute these images and recordings in any form and any media now known or later developed, including but not limited to:

• Festival promotional materials (flyers, posters, banners, programs)
• Festival website, social media, and email communications
• News and press coverage of the festival
• Sponsor-recognition materials
• Documentary and archival use

You waive any right to inspect or approve the finished products or the use of these images. You release the festival from any claims related to the use of your image, including claims of defamation, invasion of privacy, or right of publicity.

If at any time you wish to request that a specific image be removed from festival-controlled materials, you may contact info@lexblueberryfest.com and the festival will make reasonable efforts to comply. Images already published by independent journalists, third parties, or in printed materials are outside the festival's control.

If the participant is under 18 years of age, this waiver must be signed by the parent or legal guardian of the minor participant.

By signing on behalf of a minor, the parent or guardian:

• Confirms they have the legal authority to sign on behalf of the minor
• Agrees to all release, indemnification, medical authorization, and photo release provisions on behalf of the minor
• Personally agrees to indemnify and hold harmless the Released Parties from claims arising out of the minor's participation
• Agrees that the minor will be accompanied or properly supervised in accordance with festival rules and applicable law

For specific festival activities, additional adult supervision may be required (for example, volunteers under 16 must have a parent or guardian volunteering alongside them).

This waiver is governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts-of-law principles. Any dispute arising out of or relating to this waiver shall be brought exclusively in the state or federal courts located in Richland County, Ohio.

If any provision of this waiver is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

This waiver contains the entire agreement between the parties regarding the subject matter and supersedes any prior agreement, oral or written, on the same subject.

By signing this waiver, you affirm that you have read it, understood it, had the opportunity to ask questions, and are signing it voluntarily and of your own free will.

If you have questions about this waiver, want clarification on any provision, or believe a particular activity requires special accommodation, please contact the festival before signing.

Email: info@lexblueberryfest.com

Mail:
Lexington Blueberry Festival of Ohio
P.O. Box 3311
Lexington, OH 44904-0311

This document is provided for the convenience of our participants and is not legal advice. If you have legal questions about your rights or obligations, please consult an attorney.