Liability Release and Indemnification
I (the applicant VENDOR identified herein) understand and agree that the terms included in this Application and Agreement are contractual in nature and that I and any persons affiliated with my vendor operations shall fully comply with all terms written above and shall abide by any other rules or regulations adopted by Thin Blue Line Foundation (or its Lessor) for the Backin’ the Badges Rally (“EVENT”). • I understand that during my participation in the EVENT, Thin Blue Line Foundation, and its affiliates, including Backin’ the Badges Rally and its management, staff, and volunteers (collectively, PROMOTERS) merely arrange for the exhibition of items and assume NO responsibility for the supervision or safekeeping of the same. VENDOR further agrees to hold blameless the EVENT and PROMOTERS from any claim, action, or demand by any person for expense or damage arising from the exhibition. • I agree to keep, save and hold the EVENT and PROMOTERS (and the Lessor of the Venue (“LESSOR”) harmless from any and all action, liabilities, damages, judgments, costs and expenses including reasonable attorney’s fees, in the event an action is filed or does in any way arise out of, relate to, or accrue against the EVENT, PROMOTERS or LESSOR as a consequence of this Agreement or for any act, negligence or omission of the VENDOR or the VENDOR’S agents, personnel, employees, participants or volunteers (VENDOR PERSONNEL), in relation to the EVENT. In addition, I will be responsible for reimbursement to the EVENT and PROMOTERS and LESSOR and shall promptly advance all costs, including attorney’s fees, whenever any such claims and actions arise and/or reach voluntary settlements rather than judgments. VENDOR acknowledges and agrees that it shall, at its own expense, defend and indemnify PROMOTERS and LESSOR against any and all demands, claims, damages, costs and/or attorney’s fees arising out of or based upon (in whole or in part) the actions, conduct and/or presence of VENDOR or any of its VENDOR PERSONNEL at the EVENT or anything occurring in VENDOR’s designated vendor space. • I acknowledge that the PROMOTERS and/or anyone acting under their permission, authority or approval may record, film or take pictures or video during the EVENT of my vendor space (including any and all contents thereof and appurtenances thereto and further including, without limitation, any trademarks, graphics, signage or other indicia and any logos and verbiage contained on such signs and/or uniforms and any business or activities conducted thereon) and VENDOR PERSONNEL and agree that EVENT and PROMOTERS may use any photos, video or images of me (or images submitted by me), my VENDOR PERSONNEL or my vendor space for publicizing the EVENT or future EVENTs and to exhibit and exploit such photographs, recordings and films (collectively, the “Materials”) in any manner whatsoever, in any and all media whether now known or hereafter devised, at any time in perpetuity worldwide without compensation, including the right to use the Materials in and in connection with any productions and for advertising and promotional purposes in connection with any productions in which the Materials are incorporated in any manner whatsoever. VENDOR grants to PROMOTERS and their successors, licensees and assigns, all rights of every kind in and to the depiction of the VENDOR, and neither VENDOR, nor any VENDOR PERSONNEL nor other party now or hereafter having an interest in the vendor space or contents, shall have any right of action against PROMOTERS or any other party arising out of any use of the Materials. VENDOR acknowledges and agrees that PROMOTERS may assign this Release, in whole or in part, at any time to any party. All rights, including copyright, in the Materials shall be and remain owned and vested in PROMOTER and/or its assignees and licensees and Thin Blue Line Foundation, Backin’ the Badges Rally.
Vendor Information Initial ________ Date________• VENDOR acknowledges that it is an independent contractor, that it is responsible for the conduct, actions and payment of its own VENDOR PERSONNEL and that they are sufficiently skilled and trained to professionally provide VENDOR’s anticipated services or goods. VENDOR and its VENDOR PERSONNEL shall be responsible for and shall indemnify PROMOTERS and the EVENT (and LESSOR) against any and all costs, expenses, liens, damages and/or injuries related to or that arise from the VENDOR’s work performed or presence at the EVENT. VENDOR agrees that it shall require its VENDOR PERSONNEL to agree to be bound by this Agreement prior to allowing them on the EVENT premises. • Limitation of Liability. VENDOR and its VENDOR PERSONNEL release PROMOTERS and EVENT (and LESSOR) from any and all liability, claims, damages and/or liens related to or arising out of VENDOR’s and VENDOR PERSONNEL’s performance of services or their presence on or the condition of the EVENT premises. To the maximum extent permitted by law, in no event will PROMOTERS and/or the EVENT (and/or LESSOR) be responsible for any incidental damages, consequential damages, exemplary damages of any kind, lost goodwill, lost profits, lost business and/or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty or term of this agreement, and regardless of whether a party was advised or had reason to know of the possibility of incurring such damages in advance. VENDOR agrees that PROMOTERS’ and/or EVENT’s maximum total liability to VENDOR or and of its VENDOR PERSONNEL under any circumstance and for any and all claims shall be limited to the return of the VENDOR’s fee paid for its vendor space. • This Agreement is entered into and performable in Texas and is governed by Texas law. Should any dispute arise between the parties hereto or their legal representatives, successors and assigns concerning any provision of this Agreement or the rights and duties of any person in relation thereto or the EVENT, the party prevailing in such dispute shall be entitled, in addition to any other relief that may be granted, to recover attorneys’ fees and legal costs in connection with such dispute. For any dispute, claim or lawsuit (DISPUTE) arising out of or related in any way to this Agreement or to the EVENT, VENDOR also agrees that: (a) the exclusive jurisdiction for resolution of any such DISPUTE shall be in the courts located in Bastrop County, Texas; (b) VENDOR shall (i) notify the PROMOTERS and/or the EVENT in writing of the dispute, (ii) at VENDOR’s own cost and expense prior to filing any lawsuit VENDOR shall mediate with PROMOTERS in Austin, Texas in an attempt to resolve the DISPUTE, and (iii) any failure by VENDOR to abide by or follow this pre-filing notice and mediation procedure shall conclusively result in a waiver and release of any and all claims that VENDOR may have against the EVENT and/or the PROMOTERS (and/or LESSOR).
I acknowledge that I have read and understand all the terms and conditions of this vendor application and agreement. By signing below, I agree to comply with all the terms and conditions specified herein (including the general information sections) and understand that this form is an application for space only. No space will be reserved without payment. The application is subject to review and approval by festival management who reserve the right to reject any applicant for any reason. Any information is subject to change.
Signature: _____________________________________________ Date: ______________________
FOOD VENDOR FIRE, SAFETY AND HEALTH CODE STATEMENT
(Only Food Vendors are Required to Sign Below)
By signing you agree to adhere to ALL Fire/Safety and Health Code Ordinances including, but not limited to:
REQUIRED FIRE EXTINGUISHERS
FAILURE TO COMPLY WITH ANY FIRE, SAFETY AND HEALTH CODES WILL RESULT IN YOUR BOOTH BEING SHUT DOWN, YOU BEING ASKED TO LEAVE AND COULD ALSO INCLUDE ANY FINES IMPOSED.
______________________________Signature _________________________ Date
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