RED BULL ARTS DETROIT PROGRAM APPLICATION TERMS AND CONDITIONS
I hereby represent that I am a legal U.S. resident and I am at least 21 years of age. By submitting an application for the Red Bull Arts Detroit Residency Program, the Red Bull Arts Detroit Curatorial Fellowship, the Red Bull Arts Detroit Visiting Writer Fellowship, or the Red Bull Arts Detroit Micro-grant Program (each, a “Program”), I understand that the following will be relied upon to determine my ability to be accepted into a Program through the Red Bull Arts Detroit Program application (the “Application”).
As an applicant, I acknowledge, agree, represent, and warrant:
(1) I have committed no fraud or deception in applying for any Program. I further represent that I am not an employee of Red North America, Inc. (“Red Bull”) or of any other entity identified in the Application whose employees are not eligible to enter the Application (the “Application Parties”) or a member of the family of any such employee. I understand there is no transfer, assignment, cash redemption, or substitution of any Program except as allowed by Red Bull in its sole discretion. I have followed all of Red Bull’s instructions and rules, including, without limitation, all Application materials, which are hereby incorporated by reference. Red Bull is not responsible for lost, late, misdirected applications or applications not received regardless of cause.
(2) The rights and licenses granted hereunder do not, and will not, violate any right of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from any third party is required in connection herewith.
(3) I understand and agree that all Program details and availability are subject to change, in which case a substitute Program may be awarded in Red Bull’s sole discretion and that each Program consists only of the items listed, is non-transferable (whether in whole or in part), with no cash redemption or substitution except at Red Bull’s sole discretion. I understand and agree that the Program is subject to terms, conditions, expiration dates, and restrictions imposed by the manufacturer(s), provider(s), or issuer(s) of each Program.
(4) In connection with my Application, I, to the fullest extent permitted by applicable law and on behalf of myself, and my personal representatives, my companion(s) (if any), relatives, heirs, assignees, successors, executors and administrators, hereby permanently, irrevocably and forever release Red Bull, the Application Parties, and their parent corporations, members, subsidiaries, affiliates, directors, officers, employees, agents, representatives, successors, distributors, partners, licensees and assigns, and any entity or person connected with the Application (collectively, the “Released Parties”) from and against any and all actual and potential, known and unknown, suspected and unsuspected claims, demands, causes of action, liabilities and damages for personal injuries, death, damage or loss to personal property, or other harm or loss of any nature whatsoever sustained in connection with the Application of any Program, as well as any and all claims, demands or causes of action that I may now have or may hereafter have for libel, defamation, invasion of privacy, violation of the right of publicity, infringement of copyright or violation of any other right arising out of or relating to any of the rights granted herein to Red Bull and/or its affiliates. Without limiting the foregoing, I, to the fullest extent permitted by applicable law on behalf of myself, and my personal representatives, relatives, heirs, assignees, successors, executors and administrators, hereby agree to absolutely and forever release, acquit, and discharge the Released Parties of and from any and all liabilities, actions, claims, counter-claims, causes of actions, suits, debts, sums of money, accounts and controversies, damages, judgments and demands whatsoever, in law or in equity, which I ever had, or can, shall or may have against the Released Parties from the beginning of the world to the date of the Application, in connection with any and all claims, demands, actions and causes of action, known or unknown, with respect to or in connection with the Application for any Program. I further agree that I will indemnify, defend and hold harmless the Released Parties from and against all claims, liabilities, losses or damages of any kind physical or personal (including, but not limited to, court costs and attorney’s fees) arising out of, connected with, or as a result of (i) my breach or alleged breach of these terms and conditions, (ii) my participation in the Application, and (iii) any travel by me associated with either the Application for any Program.
(5) I acknowledge that if selected to participate in any Program I will be solely responsible for any federal, state, and local taxes due as a result of participation in any Program, as well as obtaining and paying for any insurance related to the participation in any Program. I recognize that it is my obligation, if I so desire, to seek independent counsel to determine the full extent of my tax liability under state federal laws and regulations. I acknowledge and agree that I am responsible for any other expenses that may become due because of any Program.
(6) If any term in these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term of these Terms and Conditions or invalidate or render unenforceable such term in any other jurisdiction.