DISCLAMIER: By participating in Crafted On The Ave., all craft vendors agree to exhibit their work at their own risk. The Delray Beach CRA and its representatives will not be held responsible for lost, stolen, or damaged items and will not be held responsible for personal injury to the vendor. The Delray Beach CRA does not guarantee specific numbers of attendees or sales for vendors. No refunds shall be given due to cancellation or interruption of event. Rescheduling for future market dates will be accomodated. This agreement has been read, understood and entered into voluntarily and freely by the applicant, and shall become effective upon submission by the applicant.
In consideration of my participation as a vendor in the activity known as Crafted On The Ave. and my use of the grounds and services provided by the Delray Beach Community Redevelopment Agency (collectively, the “Activity”), which I acknowledge is good and sufficient consideration, I hereby agree as follows:
1. Participation. The details and scope of my participation in the Activity are subject to change in the Crafted On The Ave.'s sole discretion. I acknowledge that my participation in the Activity is terminable in the Crafted On The Ave.'s sole discretion.
2. Compliance and Insurance. I agree that I and my agents, contractors, and employees will comply with and maintain behavior in accordance with all applicable laws and all applicable rules and regulations of Crafted On The Ave. and its parents and affiliated companies/organizations (collectively, the “Activity Entities”). I further agree that (a) I will not sell, promote, or offer to sell any illegal, offensive, defective or inherently dangerous products in connection with the Activity; (b) the products or services I sell, promote, and offer to sell in connection with the Activity will not infringe upon any third-party rights; and (c) I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Activity and I will cause said insurance to be primary over any other insurance.
3. Release. I, ON BEHALF OF MYSELF, MY HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS, AND ANY OTHERS WHO MAY TAKE BY OR THROUGH ME, hereby REPRESENT AND covenant NOT to bring any lawsuit or make any claim under any theory and hereby release THE ACTIVITY ENTITIES and EACH OF their respective parents, subsidiaries, affiliates, and THE officers, directors, MEMBERS, MANAGERS, employees, representatives and agents (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, COSTS, EXPENSES, FEES (INCLUDING ATTORNEYS’ FEES), CAUSES OF ACTION AND LIABILITIES OF ANY NATURE, WHICH I MAY NOW HAVE OR WHICH MAY ARISE, OR HEREAFTER BE ENTITLED TO ASSERT, FOR ANY MATTER, CAUSE OR THING, ANY INJURY, NEGLIGENCE, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS, INJURY, DAMAGE, OR ACCIDENT TO PERSON(S) OR PROPERTY, OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER, WHETHER DIRECT, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL, arising from OR IN CONNECTION WITH THE ACTIVITY, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS OR MISCONDUCT OF ANY RELEASED PARTY.
4. Indemnification. WITH REGARD TO ANY CLAIM, LOSS, LIABILITY, COST OR EXPENSE ARISING OUT OF: (A) ANY ACTUAL, ANTICIPATED OR THREATENED BREACH OF THIS AGREEMENT; OR (B) MY PARTICIPATION IN THE ACTIVITY, I IRREVOCABLY AGREE TO DEFEND, INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST SUCH CLAIM, LOSS, LIABILITY, COST AND EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES.
5. Miscellaneous. I understand and agree that this Agreement is governed by and construed in accordance with the laws of the State of Florida. Any action arising out of or relating to the Activity or this Agreement must be filed exclusively in the federal or state courts in Palm Beach County, Florida and I hereby consent to the personal jurisdiction of such courts, and any right to a trial by jury is hereby waived. In the event that any provision hereof shall be invalid or unenforceable due to any law, said provision shall be modified to the minimum extent necessary to effect compliance with such law, and in any event such invalidity or unenforceability shall have no effect upon the remaining terms and conditions hereof. I acknowledge that the rights and remedies granted to me herein are intended to be solely for my benefit and shall not otherwise be deemed to confer upon or give to any third party any remedy, claim, cause of action or other right.