TERMS & CONDITIONS IMPORTANT INFORMATION - PLEASE KEEP FOR YOUR REFERENCE
1. ACCEPTANCE POLICY – Magnolia Festival of Oklahoma, INC. (MFO) and the Choctaw Nation of Oklahoma (CNO) reserve the right to determine if Exhibitor or Exhibit is in conformity with the standards and policies of MFO or CNO. MFO or CNO also reserves the right to remove any Exhibitor, for any reason, at any time, without refunding the booth fee paid by the Exhibitor. MFO or CNO will not be liable for paying any travel expenses, lost revenue or any other liability whatsoever beyond the space fees paid by the Exhibitor as a result of enforcing this provision. The committee will deposit fees at the time of acceptance. Fees will be returned to any exhibitor not accepted. Convicted sex offenders will not be issued a permit to participate in the Magnolia and Choctaw Festival (Festival). REGISTERED SEX OFFENDERS DO NOT APPLY TO PARTICIPATE. By submitting an application, the applicant is consenting to a background search.
2. LOCATION OF EXHIBITS – All space assignments are made on a first come, first serve basis, WITHOUT REGARD TO GOODS SOLD. If MFO or CNO, at its sole discretion, deems it to be in the best interest of the Festival, either may assign the Exhibitor an alternate space prior to or during the Festival. Such decision shall be final.
3. DEFAULT IN OCCUPANCY – In the event Exhibitor fails for any reason to install its exhibit in its assigned space, MFO or CNO has the right, at its sole discretion, to retain all sums previously paid by Exhibitor.
4. SETTING UP AND DISMANTLING – Logistics details will be included in your acceptance packet. The Exhibitor’s booth must be open & staffed during all regular Festival hours. Anyone arriving late, leaving before closing or breaking down during show hours may be asked to leave the Festival without refund AND may be refused entrance to future Festivals. The Exhibitor is responsible for their display and any other supplies and equipment that they require for their exhibit.
5. EXHIBIT AREA – Nothing shall be nailed, staked, drilled, stapled or otherwise fixed to the walls or floors of the Festival area. Exhibitor’s booth must conform to the size restrictions of the Festival and not interfere with walkways or adjacent booths in any way. No water is available, unless specifically noted in writing from MFO or CNO. Exhibitors are not to bring pets to the Festival, except for assistance to the disabled. No selling or soliciting outside of your booth area.
6. SECURITY – It is recommended that each Exhibitor insure its property against loss & theft. Security will be present during the Festival & each night on the grounds. However, MFO shall not be responsible or liable for Exhibitor property or for the cost to insure any property. All necessary measures for protection of the exhibit equipment & furniture shall be at the expense of the Exhibitor. The Choctaw Event Center will be locked every night when the festival closes.
7. FIRE, SAFETY, & HEALTH REGULATIONS – Exhibitor agrees to comply with any applicable fire codes, laws, ordinances, and regulations pertinent to health, fire prevention and public safety. All extension cords used at the Festival must be the heavy-duty three-wire type and Exhibitor should be prepared to run at least 100’ in length for their electrical connection. Minor First Aid will be available at the Festival. Emergencies must be handled by other medical personnel. No smoking, vaping or e-cigarettes of any kind allowed in the Choctaw Event Center.
8. GENERAL – No food or beverages shall be sold or given away for consumption at the Festival without the prior written consent of the MFO or CNO. Voice or music amplification systems are not allowed without MFO and CNO approval. The collection and reporting of Oklahoma and local sales tax is the responsibility of each Exhibitor.
9. EXHIBITS – No items will be displayed or sold that the Festival Committee deems dangerous or unsuitable for a family atmosphere (i.e.- knives, guns, swords, weapons, etc.). All exhibits are to be in keeping with the overall family-oriented theme of the Festival. No drug-related items can be exhibited or sold. Exhibitors are not to bring alcohol to the Festival. Items that the vendor does not voluntarily remove after notification of MFO or CNO objection will be confiscated and returned at the end of the Festival. MFO or CNO reserves the right to remove any items it deems objectionable. MFO or CNO reserves the right to refuse any vendor. Application, goods description/photos, and booth fee must be provided prior to Festival date to allow committee evaluation of goods.
This Is A Rain Or Shine Event And No Refunds Will Be Given For Weather Conditions.
Rules will be strictly enforced. Violation of these rules may result in expulsion from the Festival without refund. Nothing contained in these Terms and Conditions shall be construed so as to waive the sovereign rights of the Choctaw Nation of Oklahoma, Choctaw Casinos, LLC. any subsidiaries and affiliates of the Choctaw Nation of Oklahoma or any of their respective officers, directors, servants, agents, employees, successors or assignees.
RELEASE and WAIVER of LIABILITY and INDEMNITY AGREEMENT
This Agreement is made on this date, 2023 in the City of Durant, County of Bryan, between (print your name here) hereinafter referred to as “Independent Contractor” and the Magnolia Festival of Oklahoma, hereinafter referred to as “MFO” and the Choctaw Nation of Oklahoma, a federally recognized Indian Tribe, hereinafter referred to as “CNO”. IN CONSIDERATION FOR PARTICIPATION in the MAGNOLIA FESTIVAL, the undersigned hereby agrees to the following:
1. Independent Contractor releases and forever discharges the MFO and the CNO, their board of directors, agents, employees (including volunteers) from all liability due to loss or damage and any claim or demand therefore, on account of injury or property damage sustained by any individual or entity resulting from the Independent Contractor’s use of or participation in the MAGNOLIA FESTIVAL.
2. Independent Contractor agrees to indemnify and hold harmless MFO and CNO, their board of directors, agents and employees (including volunteers) from any loss, liability, damage or cost, including attorney fees, arising out of Independent Contractors participation in the MAGNOLIA FESTIVAL, whether caused or not by the negligence or willful act of the Independent Contractor or any other person, persons, or entity.
3. Independent Contractor hereby assumes full responsibility for the risk of bodily injury, death or property damage relating from or arising out of Independent Contractors participation in the MAGNOLIA FESTIVAL.
4. The undersigned further expressly agrees that the foregoing RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as permitted by applicable law. If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
5. Nothing contained in this Agreement shall be construed to waive the sovereign rights of the Choctaw Nation of Oklahoma, Choctaw Casinos, LLC., any subsidiaries and affiliates of the Choctaw Nation of Oklahoma or any of their respective officers, directors, servants, agents, employees, successors or assignees.
6. Independent Contractor has read and understands this RELEASE AND WAIVER OF LIABLITY AND INDEMNITY AGREEMENT, is authorized to and voluntarily signs the same.
7. RIGHT TO USE LIKENESS. You hereby grant The Magnolia Festival of Oklahoma the right to use your name, voice, photograph, video, and likeness for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities.