WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT

I, on behalf of myself, my co-owners, my employees and invitees, do hereby waive any and all liability which the Pendleton Retail Association and the Town of Pendleton might otherwise have on account of any injury which I, we or any of us, might suffer on account of our participation in the Pendleton Fall Festival, on September 10 and 11, 2010.

I further agree to indemnify the Pendleton Retail Association and the Town of Pendleton on account of any expense or claim which may be incurred by the Pendleton Retail Association and the Town of Pendleton because of my or our participation in the Pendleton Fall Festival.

The consideration for this release and indemnification agreement is the agreement by the Pendleton Retail Association to allow me to have a booth in the downtown Pendleton area during the event.

This waiver and indemnification agreement is binding not only upon the signers but also their business partners, heirs, assigns and business invitees.

THIS WAIVER AND INDEMNIFICATION AGREEMENT LIMITS CERTAIN

RIGHTS OF THE SIGNOR AND ALSO CREATES LEGAL LIABILITIES. THE SIGNOR

SHOULD READ THIS DOCUMENT CAREFULLY.

DATED THIS ___ DAY OF _______________________, 2010

_____________________________________

Signature

_____________________________________

Print Name

ACKNOWLEDGMENT OF RECEIPT

I acknowledge receipt of the duly executed waiver and indemnification agreement set out

above this __ day of ______________, 2010.

Pendleton Retail Association

By:_______________________________________

Authorized Representative