I (we) the undersigned, have read the Rules and Regulations of the Albany County Farmers Market (attached hereto) and do agree to abide by all such Rules and Regulations.
I (we) further agree to operate my (our) stall in accordance with these Rules and Regulations and to pay all applicable fees as set out in the Rules and Regulations. I (we) do understand that the stall fee, length of season, and hours of operation are set in the rules and regulations, and I (we) will abide by them.
I (we) further understand that failure to comply with the rules and regulations of the Albany County Farmers Market could mean dismissal from the market.
As a vendor, wishing to participate in the Albany County Farmers Market, I (we) agree to SAVE, HOLD HARMLESS and INDEMNIFY MVP Health Care, Albany County, the MVP Arena, the City of Albany, and the Downtown Albany BID, and each organization’s Directors, members, employees and/or representatives from any and all liability or responsibility pertaining to any damages to person or property on the site assigned to me (us), when such damages or liability arise, in whole or in part, out of acts on my (our) own, or of my (our) employees, representatives, agents or associates. If the above indemnification is determined by a court having competent jurisdiction to be invalid or voidable in any way, the parties agree that the court shall enforce the above indemnification provision to the fullest extent permitted by New York law. Moreover, and notwithstanding any limitation on the above indemnification provisions, I (we) as the vendor shall provide insurance coverage and protection to MVP Health Care, Albany County, the MVP Arena, the City of Albany, and the Downtown Albany BID in the manner required by Section 4 above.
I (we) verify that all information I (we) have provided about my farm and products for sale is true and accurate.
I (we) as a vendor, further hereby grant full permission to the Albany County Farmers Market and the Downtown Albany BID and/or their authorized agents to use my (our) image and likeness, and that of my (our) products, offerings, and displays in photographs, videotapes, motion picture, recordings and any other recorded image of this event for any legitimate purpose.
I (we) understand that the Albany County Farmers Market operates on limited funds. I (we) also acknowledge that the Albany County Farmers Market’s beneficial purpose will be impaired if it is subjected to unnecessary litigation. Wherefore I (we) hereby agree that as a condition of my participation in the Albany County Farmers Market, I (we), and prior to the commencement of litigation against the Downtown Albany BID, its officers, management, and affiliated entities, will engage in good faith negotiations with the BID, and if necessary mediation with an impartial person, to resolve the dispute. I (we) agree to limit any claim I (we) may have as a result of a decision by the Downtown Albany BID Staff or Board of Directors which results in the denial of a market acceptance, the denial of a product to sell, wrongful suspension or termination from the Albany County Farmers Market, or any other claim for breach of contract, to a return of a prorated portion of the fees paid by vendor, for the period during which vendor was prevented from participating in the market. I (we) further agree that in the event I (we) am unsuccessful in my (our) litigation against the Downtown Albany BID, I (we) will pay all costs, expenses, fees, and disbursements incurred by the Downtown Albany BID in the course of its defense of said litigation, and I (we) will also pay the Downtown Albany BID a reasonable attorney’s fees.