TERMS & CONDITIONS

PLEASE READ CAREFULLY BEFORE SIGNING. THIS CONTAINS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

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In consideration of being permitted to participate in the event at Waterdrinker Family Farm and Garden in Manorville, NY, (the “Event”), I, a vendor/exhibitor ("Vendor”), irrevocably and unconditionally agree for myself and my personal representatives, heirs, next-of-kin, insurers, successors, and assigns, to the following:

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Set up in event space as per the specific event details. Vendor agrees to display products and literature that pertains specifically to the contracted vendor as per described on the applicable vendor application.

 

Amplifying equipment is not permitted that the organizers deem objectionable in their sole discretion. Smoke, Bubbles, or Confetti Canons are not permitted. Vendor must confine activities to its contracted space. Vendor is neither permitted to use strolling entertainment (unless otherwise agreed to in writing with the event organizer) nor distribute samples, souvenirs, or literature except within its own exhibit space.

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Any materials draped from exhibits must meet local fire laws, or they will be removed. Prior approval shall be required for additional lighting, tents, and decorations (indoor or outdoor). No fasteners of any type may be used on the walls of the premises. No artwork may be removed or moved for any reason. No table sharing.

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Vendor hereby fully and forever releases, waives, and discharges Waterdrinker, LLC, its respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and the event organizers (collectively, the "Releasee”) from any and all loss, damage, injury, death, claim, special, incidental, consequential, punitive, or exemplary damages of any kind, including lost profits or other economic damage, demand, expense, lawsuit, or other liability of any kind, of or to the Vendor or its employees, guests, visitors, representatives, agents, and property directly or indirectly arising out of or related with the Vendor’s participation in the Event, even if due to the negligence, injudicious act, omission or other fault of the Releasee.

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Vendor’s participation in the Event is knowing and voluntary. Vendor understands that its participation involves inherent risks and dangers of accidents, property loss or damage, serious personal and bodily injury, death, and personal and economic losses, which risks may not be known or reasonably foreseeable at this time, and understands and has considered the risks involved and voluntarily and freely choose to assume these risks.

Vendor will defend, indemnify, hold harmless and reimburse the Releaseee from and for all damages, losses, judgments, actions, liabilities, costs, or expenses (including legal fees and the cost of enforcement of this indemnity) incurred by the Releasee or paid by them to any person arising out of or resulting from any claim of a third party related to the Event, including any claim related to Vendor, its agents and employees, own negligent acts or the negligent acts or omissions of the Releasee.

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Vendor hereby agrees that the Release, Waiver of Liability, Assumption of Risk and Indemnity extend to all acts of negligence, including negligent rescue operations, and is intended to be as broad and inclusive as permitted by the laws of the State of New York, and that if any portion thereof is held invalid, the balance shall continue in full legal force and effect.

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The event organizer, including Waterdrinker, LLC, its owners, officers, shareholders, agents and employees, reserves the right, in its sole discretion and without any liability whatsoever, to cancel or reschedule the Event and shift Vendor space assignment before or during the Event. If the Event is delayed or canceled for reasons beyond the event organizer’s control, including force majeure and weather-related events, no refunds shall be given except as otherwise set forth in the refund schedule and terms of the Event application. Vendor is solely responsible for any and all sales/use tax or other direct charges of fees levied, assessed, or charged by any government agency or taxing authority, including all taxes due and owing for items sold at or in connection with the Event.

Vendor hereby grants the event organizer and Waterdrinker, LLC, its agents and employees, without limitation, the right to take photographs in connection with the Event and the right to use and publish same for publicity without further compensation or permission.

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This contract shall be governed by the laws of the State of New York. All disputes that may arise from the Event shall be submitted for binding arbitration to be held in Suffolk County, New York, under the purview of the American Arbitration Association. The prevailing party in any controversy shall be entitled to its reasonable attorney’s fees and arbitration costs.

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Vendor, including any sponsors or supply companies utilizing the premises for the Event, must be licensed and insured. Insurance shall be procured at its sole cost and expense, and a declaration sheet naming the event organizer and Waterdrinker, LLC as additional insureds must be furnished to the event organizer no less than three (3) days prior to the Event. Failure to deliver said declaration sheet, or other evidence of such policy in a form acceptable to the event organizer, may result in the Vendor being prohibited from participating in the Event, in which case no refund will be given. Minimum insurance requirements shall be commercial general liability insurance, including personal injury coverage, bodily injury coverage, property damage liability, independent contractors liability, and contractual liability, with limits not less than $1,000,000.00 per occurrence and $2,000,000 in general aggregate, and automobile liability coverage of no less than statutory limits.

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These Terms and Conditions are binding on Vendor once electronically accepted.