Forsyth Co. Thomas Mashburn Steam Engine Assn. Inc.

Non-refundable entry-fee policy

Applicant/Participant Indemnity

Confidentiality

Non-refundable Entry Fee Policy:

All parade entry fees are final and non-refundable. The Thomas-Mashburn Steam Engine Parade takes place rain or shine. No refunds will be issued for parade delay, cancellations, non-appearance, or inclement weather. By submitting an application, the applicant agrees that all registration fees are non-refundable.  Furthermore, Organizers reserve the right to remove any participant from the parade at any time for safety violations or failure to comply with these terms, without refund of registration fees.

Applicant/Participant Indemnity:

All applicants/participants shall assume all risks incident to or in connection with their float/method of transport during the parade, and shall be solely responsible for damages or injury, of whatever kind or nature, to persons or property, directly or indirectly arising out of or in connection with the Thomas-Mashburn Steam Engine Parade or the conduct of applicant’s/participant’s float/method of transportation. The applicant/participant hereby expressly agrees to defend and hold harmless the Forsyth Co. Thomas Mashburn Steam Engine Assn. Inc. from any penalties for violation of law, ordinance or regulation affecting its activity and from any and all claims, suits, losses, damages, injuries, costs and expenses, including, without limitation, reasonable attorney fees and other litigation expenses, directly or indirectly arising out of or in connection with the Thomas-Mashburn Steam Engine Parade or conduct of its operation or resulting from the negligence or intentional acts or omissions of the applicant/participant, or its officers, agents and employees. If the applicant/participant agrees to operate a vehicle in connection with the Thomas-Mashburn Steam Engine Parade he/she shall be validly licensed to drive such vehicle and be responsible for complying with all laws that apply as a driver of a vehicle. Applicant/participant also agrees to obey the guidelines put forth by the Thomas-Mashburn Steam Engine Parade, both during pre or post parade lineup or along the parade route.

Confidential Information:

1. Information; Representatives. Applicant/Participant is prepared to make available and/or has made available to the Forsyth Co. Thomas Mashburn Steam Engine Assn. Inc.  “Confidential Information” (as defined below) in connection with the Applicant/Participant’s entry and/or application for entry into the Thomas-Mashburn Steam Engine Parade and the discussions between the parties relating thereto. As a condition precedent to Confidential Information being shared between the Applicant/Participant and the Forsyth Co. Thomas Mashburn Steam Engine Assn. Inc., each party receiving the Confidential Information (the “Receiving Party”) by the party furnishing the Confidential Information (the “Disclosing Party”), and in consideration of the benefits to be potentially received by the Receiving Party as a result of its receipt of the Disclosing Party’s Confidential Information, the sufficiency of which is acknowledged by the Receiving Party, the Receiving Party agrees to treat the Disclosing Party’s Confidential Information in accordance with the provisions herein and to take or abstain from taking certain other actions as set forth below. As used herein, “Confidential Information” of a party means confidential, non-public or proprietary information concerning such party’s business, operations, finances, sales, marketing, customers, products or technologies, including, without limitation, patentable and nonpatentable inventions, ideas, know-how, technical and engineering information, past, current and planned research and development, strategic plans, products, devices, samples, specifications, processes, data, formulae, compositions,” designs, sketches, photographs, graphs and drawings, and all copies, reproductions, notes, extracts, compilations and repositories thereof created or furnished by either party, in each case whether in written, verbal, electronic or any other form and whether transmitted or created before, on or after the date hereof, as well as the existence and terms herein, any discussions which take place between the parties hereunder and any relationship or transaction being evaluated by the parties in connection with these terms. As used herein, the “Representatives” of a party shall mean the directors, officers, employees and agents of the party.

2. Excluded Information. These terms shall not apply to Confidential Information: (a) that becomes available to the general public through no breach of these terms by the Receiving Party; (b) that becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party or its Representatives, provided that such source is not bound by a confidentiality agreement with, or other obligation of secrecy to, the Disclosing Party; (c) that was in the Receiving Party’s possession prior to receipt from the Disclosing Party, provided that the source of such information was not bound by a confidentiality agreement with, or other obligation of secrecy to, the Disclosing Party in respect thereof; or (d) that is independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information. The party seeking to establish such an exception has the burden of proving it with written documentation.

3. Non-Disclosure of Information. The Receiving Party shall use the Disclosing Party’s Confidential Information solely for the purpose of evaluating or participating in the Thomas-Mashburn Steam Engine Parade. The Receiving Party shall keep the Disclosing Party’s Confidential Information confidential and shall not, directly or indirectly, disclose any of the Disclosing Party’s Confidential Information in any manner whatsoever; provided, however, that (a) the Receiving Party may disclose such Confidential Information with the prior written consent of the Disclosing Party and in accordance with any limitations of such consent; and (b) the Receiving Party may disclose such Confidential Information to the Receiving Party’s employees and advisors who have a need to know such Confidential Information for the purposes of facilitation the Thomas-Mashburn Steam Engine Parade and who agree to keep such Confidential Information confidential and to comply with the these terms. The Receiving Party shall carefully restrict access to Confidential Information to employees as is reasonably required. The Receiving Party agrees that a breach of these terms by any such employees or advisors shall constitute a breach by the Receiving Party.