1. Agreement: By execution below, Vendor agrees that it shall comply with, and agree to be bound by, all restrictions, procedures, requirements, terms, and conditions set forth in this Vendor Application and Agreement.
2. Compliance with Park Rules. Vendor shall abide by the BMCGF Park Rules and Regulations, including the following prohibitions:
i. No smoking in playground areas
ii. No destruction or defacing of structures
iii. No littering. All trash must be placed in proper receptacles
iv. No abusive or foul language.
v. All pets must be leashed and cleaned up after.
vi. No ground fires are permitted.
vii. No illegal drugs.
viii. Firearms and fireworks are prohibited.
3. Waiver and Release. Vendor hereby releases, holds harmless and agrees to defend BMCGF and its directors, employees, representatives, and agents (collectively, the “Released Parties”) from and against any liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise from its participation in the BMCGF Event. By signing below, Vendor discharges the Released Parties from any liability or claim that it may have with respect to any bodily injury, personal injury, illness, death, or property loss or damage that may result from Vendor’s participation in the event.
4. Indemnification. VENDOR AGREES TO INDEMNIFY THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES, COSTS, CLAIMS, EXPENSES, DEMANDS AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER OCCURRING OR ANYWISE INCIDENT TO, IN CONNECTION WITH, OR ARISING OUT OF, ITS PARTICIPATION IN THE EVENT, INCLUDING CLAIMS FOR PERSONAL INJURIES, DEATH, OR DAMAGE TO PROPERTY, AND WHETHER OR NOT CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE, CARELESSNESS OR WANT OF SKILL OF BMCGF, OR BY THE SOLE OR CONCURRENT NEGLIGENCE OF THE RELEASED PARTIES
5. Termination of Privileges. Any violation of the terms of this Vendor Application and Agreement, the BMCGF Park Rules or Regulations, or failure to follow the lawful directives of BMCGF personnel shall result in immediate termination of privileges and the right to participate in the event. Under such circumstances, Vendor shall be required to immediately terminate vending booth activities and remove all personnel from the event premises.