Market at The Star
Market Vendor Release Agreement
THIS MARKET VENDOR RELEASE AGREEMENT (“Agreement”) is entered into by the undersigned (“Vendor”) in exchange for its participation in the Market at the Star open market events, managed by Flea Style, LLC (“Flea Style”), to be held at The Star in Frisco (“Events”) during the Term (as defined herein) and shall be effective upon Vendor’s signature below (“Effective Date”).
This Agreement sets forth the entirety of the Vendors’ respective rights and obligations in connection with Vendor’s operation of a booth space at the Events.
I. Term and Termination.
a. The term of this Agreement will be from the Effective Date and will expire one day after the last Event in which Vendor participates, unless terminated earlier in accordance with the terms hereof and, provided, that, either Vendor or Flea Style in its sole discretion may terminate this Agreement at any time upon twenty (20) business days’ notice to the other party and will have no further obligations or liabilities, provided however, Vendor agrees to compensate Flea Style for any outstanding balances due as of the date of termination (the “Term”). In the event Vendor terminates this Agreement at least 20 business days before any Event for which it is scheduled to participate, Vendor shall be entitled to a refund of the Rental Fee (defined below) for such Event, provided that, Flea Style shall retain a $40.00 nonrefundable administrative fee. Flea Style shall retain the Rental Fee in full in the event Vendor terminates this Agreement less than 20 business days before any Event for which it is scheduled to participate. Vendor and Flea Style may mutually agree at any time to extend or modify the Term. Any extension or modification must be agreed to in writing. This Agreement shall continue to govern any such extension or modification.
b. Event Cancellation. In the event that at any time during the Term (i) Flea Style is required to vacate the Event for any reason; (ii) Flea Style’s rights at any Event is terminated or expires for any reason; or (iii) the Event is substantially damaged by fire or casualty, then Flea Style shall be entitled to terminate this Agreement by providing (whenever possible) not less than seven (7) days written notice to Vendor, whereupon Vendor shall be required to vacate the Space as of the termination date set forth in the Notice (as defined below). In such event, any monies theretofore delivered by Vendor to Flea Style for periods following the termination date, including, without limitation, the relevant portion of the Rental Fee, shall be promptly returned to Vendor following Vendor’s vacating the Space in accordance with this Agreement (“Cancellation Refund”). In the event the Event is cancelled for any other reason, Flea Style will use reasonable efforts to reschedule the Event and will, as soon as reasonably possible, provide Vendor with the revised date and Vendor shall, within ten (10) days advise Flea Style as to whether it will participate in the Event on the revised date. If Vendor is unable or unwilling to participate in Event on the revised date, Flea Style will provide Vendor with the Cancellation Refund as described herein.
II. BOOTH SPACE.
a. Rental Fee. Vendor must pay the required fee for each Event in which it participates and such fee shall include a space rental fee, any equipment rental fees, insurance fees and any other expenses (collectively, “Rental Fee”) in the amount, manner and within the time frame set forth in the Agreement. Equipment rental fees may include but are not limited to, tables, chairs and electric outlets.
b. Sales Tax. Flea Style is not responsible for any sales tax associated with Rental Fee payments or the sales of merchandise by Vendor at any Event. Vendor is solely responsible for calculating and reporting all applicable sales tax on Vendor’s merchandise. If Vendor does not report sales tax properly Flea Style shall not be held responsible for any fees or charges.
c. Method and Timing of Payment. Flea Style will send an invoice upon Vendor’s acceptance to participate in an Event. Vendor may remit the Rental Fee to Flea Style via PayPal by remitting payment to email@example.com. The Rental Fee must be received by Flea Style within five (5) business days from the date Vendor receives written or electronic confirmation from Flea Style of its acceptance to participate in an Event, provided that, Flea Style may, in its sole discretion, accept a later payment.
d. Assignment of Space. Following payment of Rental Fees by Vendor, Flea Style shall grant Vendor one (1) 10x10 booth space (100 square feet) (the “Space”) unless otherwise noted (e.g., double booth, mobile vendor, airstream, etc.). Vendor will be advised of the space location at least two (2) days prior to Event day. Vendor acknowledges that the size, location, and configuration of the vendor spaces may vary. Flea Style shall only provide a back structure for booths and Vendor shall be responsible for creating any side walls in accordance with the terms of this Agreement. Flea Style shall be entitled, in its sole discretion, to market, position and determine assignment of spaces to all vendors within the Event and approve any structures or walls created. Vendor hereby accepts all such determinations as final. Vendor may not exceed the footprint of Vendor’s designated Space. There is no transfer, assignment, sublicensing, subletting, or sharing of the Space to other vendors or any other third parties. In addition, Vendor shall not market, display or sell merchandise of any third parties without written permission. In addition to any other remedies or recourse that Flea Style may have hereunder or at law, if merchandise being displayed is determined to belong to a party other than Vendor, without prior written approval from Flea Style, Flea Style shall be entitled to terminate Vendor’s rental and require that Vendor immediately vacate the Space and leave the Event.
e. Vendor shall be solely responsible for observing all the parking requirements at The Star during the setup and access to the Premises (as defined below), and Vendor accepts full responsibility for any parking violations or citations.
a. Use of Premises. Vendor is granted the right to use the Space located at The Star in Frisco (“Premises”) for the purpose of participation in Events under the terms and conditions set forth herein. BE ADVISED THAT IF VENDOR DOES NOT VACATE THE RENTAL SPACE BY THE DESIGNATED TIME A $50.00 LATE PENALTY SHALL BE CHARGED AGAINST VENDOR FOR THE COMMENCEMENT OF EVERY HOUR PAST THE DESIGNATED TIME. Nothing in this Agreement relinquishes Flea Style’s right to control the management of the Premises, to enforce all necessary and proper rules for the management or operation of same.
b. Acceptance of Premises. Vendor agrees that Vendor has examined the Premises (including the Space) prior to the execution of this Agreement and is satisfied with the physical condition of the Premises for the Event. Vendor’s taking possession of the Premises for the Event shall be conclusive evidence of its receipt of the Premises in a safe, sanitary and quality condition and in good repair.
c. Property left on Premises. Any objects of personal property left inside or outside of the Space will be discarded at Vendor’s sole cost and expense. Flea Style will not be liable for any damage to or loss of objects or property left in these areas. Vendor is to keep the Space clean, at Vendor’s sole cost and expense, in a manner satisfactory to Flea Style and shall reimburse Flea Style promptly for all costs incurred in connection with the provision, installation and/or removal of furniture or other furnishings to be provided by Flea Style. Flea Style reserves the right after the termination of this Agreement to remove from the Premises all effects of Vendor remaining at Vendor’s expense. Flea Style shall not be liable in any way to Vendor on account of so removing and/or storing these effects.
d. Improvements to Premises. Vendor will not cause or permit any nails or any other things to be driven into any portion of the Premises, or cause or permit any changes, alterations, repairs, painting or staining of any part of the Premises or furnishings or the equipment thereof, nor permit to be done anything which will damage or change the finish or appearance of the Premises or the furnishings thereof. Subject to the ordinary wear and tear, Vendor will pay the costs of repairing (to its condition immediately preceding the occurrence of such damage) any damage which may be done to the Premises or any of the fixtures, furniture or furnishings thereof by any act of Vendor or any of Vendor’s employees or agents or anyone visiting the Premises upon the invitation of Vendor including the patrons of the attraction or function for which Vendor hereby is leasing the Premises. Flea Style shall have the exclusive right to determine whether any damage has been done, the amount of the damage, and the reasonable cost of repairing it, and whether it is one for which under the terms of this Agreement, Vendor is to be held responsible.
e. Care of Premises. Vendor, at Vendor’s sole expense, shall keep the Premises in a safe, sanitary and good condition, in good repair, and shall restore and yield the Premises back to Flea Style upon the expiration or termination of this Agreement in good condition and repair, ordinary wear and tear excepted. If the Premises are not so kept by Vendor, Flea Style may enter Premises (without causing or constituting a termination of the privilege or an interference for the possession of the Premises by Vendor) and do all things necessary to restore the Premises to the condition required, including but not limited to, removal of signs, balloons, tape, and other things not removed by Vendor, its subcontractors, or their respective employees, invitees, or contractors charging the cost and expenses thereof to Vendor.
f. Food and Beverage Concessions. The Star reserves the sole and exclusive right to permit the sale on, in, or about the Premises beverages and food of any type. Vendor has no rights to offer for sale on, in or about the Premises beverages and food of any type unless given written permission by Flea Style.
g. Booth Setup and Displays.
i. Upon Flea Style’s approval, Vendor shall be entitled to commence set-up of its booth and display as set forth herein. Vendor shall use its best efforts when constructing displays to minimize any disturbance to the other vendors’ operations. Further, Vendor shall be responsible, at its sole cost and expense, to repair any damage and disruption Vendor may cause to the Event or other vendors’ booths or operations. Vendor shall be considerate of their neighboring vendors when constructing displays and sets both in terms of creating displays that may obstruct sightlines in ways that are egregious or un-neighborly; as well, being mindful of the overall aesthetic experience of the Event in considering display, items, materials, props, etc. Displays will be limited to 8’ in height and items may not be hung from any ceiling area. Tents of any kind must be approved by Flea Style and may require permits, which shall be the sole responsibility of Vendor.
ii. Vendor must obtain approval in writing from Flea Style before placement and location of heavy equipment such as stages, large trucks, mobile rooms, camera and related gear at the Premises. Vendor is not permitted to post signs, banners, wires, advertisements, decoration or obstructions of any kind to extend from any ceiling area, or across aisles, walks, streets, or buildings unless otherwise approved in writing by Flea Style. Vendor will provide at its own expense for the installation of all equipment and apparatus necessary to conduct the event. Vendor is responsible for set up and take down of all stage/lighting equipment unless leased from Flea Style.
iii. No portion of the sidewalks, ramps, entries, corridors, passageways, vestibules, halls, lobbies, stairways, aisles, driveways, or access to public utilities of the Premises shall be obstructed by Vendor without prior written consent of Flea Style. The doors, skylights, stairways, or opening that reflects or admits light into any place in the building, including hallways, fire hose cabinets, corridors, passageways, radiators and house lighting appurtenances shall not be covered or obstructed by Vendor without the prior written consent from Flea Style.
iv. Vendor agrees to adhere to Flea Style Rules and Regulations located at https://fleastyle.com/market-at-the-star/. Flea Style retains the right to remove from the Premises any and all such employees of Vendor and the right, with its officers and agents, including its police officers, to eject any objectionable person or persons from the Premises or any of its facilities; in the event of the exercise of this authority, Vendor hereby waives any and all claims for damages against Flea Style on account thereof. Vendor agrees that it will not display nor permit its agents or sublessees to display in the Premises any drug paraphernalia. If Flea Style determines that drug paraphernalia is being displayed, Flea Style will cause the drug paraphernalia to be removed from the Premises.
IV. VENDOR RESPONSIBILITIES.
a. Rules and Regulations. In addition to any other Vendor requirements or restrictions as set forth in this Agreement, Vendor must comply with the responsibilities set forth in the Flea Style Rules and Regulations located at https://fleastyle.com/market-at-the-star/, as the same may be reasonably modified or supplemented by Flea Style from time to time. Flea Style shall not be obligated to enforce the Rules and Regulations against Vendor or any other vendor of the Event or any other party, and Flea Style shall have no liability to Vendor by reason of the violation by any other vendor or other party of the Rules and Regulations. If any Rule and Regulation(s) shall conflict with any provision in the body of this Agreement, such provision of this Agreement shall govern.
b. Image Release. Flea Style (specifically including its client, Blue Star Operations Services, LLC) shall be entitled to use the trade name, names, likeness, images and other media representations of Vendor and Vendor’s employees, agents and guests (“Vendor Parties”) for any purposes on Flea Style’s website, social media, print advertising, and in any and all media now or hereafter devised without any payment to Vendor or Vendor Parties. Vendor agrees on behalf of itself and the Vendor Parties, that in connection with Flea Style’s (or its clients’) advertising and marketing, Flea Style (and its clients) shall have the right to take and use photographic images, video footage, graphic images, and sound recordings of Vendor Parties at the Event.
c. No Use of Intellectual Property. Vendor shall not be entitled to use the trade name, logo, names, likeness, images and other media representations of Flea Style, The Star, Dallas Cowboys Football Club or any employees or agents thereof for any purposes without written authorization and consent of Flea Style.
V. INDEMNIFICATION, WARRANTIES AND LIABILITY LIMITATION.
a. Indemnification. Vendor agrees to defend, indemnify and hold harmless Flea Style, Blue Star Operations Services, LLC, Blue Star Frisco Retail, LLC and their respective officers, tenants, affiliates, clients, owners, directors, partners, agents and employees from and against any and all claims, demands, obligations, causes of action (including pre-lawsuit court orders), losses, lawsuits and all other damages, liabilities (determined by verdict, judgment or good faith settlement of a claim), fines, judgments and reasonable costs and expenses associated therewith (including the payment of reasonable attorney fees and disbursements) of defending a claim of liability (“Losses”) to the extent such Losses arise out of: (1) the performance of services or actions taken by Vendor, or those acting under it (including the Vendor Parties) in connection with this Agreement or any Events; (2) any breach by Vendor of any representation and warranty herein; (3) any products or services sold or distributed by Vendor at or in connection with the Event; and (4) the failure of Vendor, or those acting under it, to comply with the terms and conditions of this Agreement. The obligations to defend and indemnify contained in this section shall survive the expiration or termination of this Agreement. For the avoidance of doubt, Vendor will hold Blue Star Operations Services, LLC, Dallas Cowboys Football Club, Ltd., Pro Silver Star, Ltd., Legends Hospitality, LLC, Blue Star Frisco Events, LP, Blue Star Frisco Retail, LLC, City of Frisco, Texas, Lincoln Property Company Commercial, Inc., and each of the foregoing entities' directors, officers, subsidiaries, affiliates, joint ventures, partners, employees, agents and representatives (collectively, “Releasees”) harmless (and will not sue any named entity herein) in connection with any injuries or Losses suffered by Vendor in connection with this Agreement (and its performance under this Agreement).
b. Limitation of Liabilities. In no event shall the Releasees be liable to Vendor or any other person or entity for consequential, special, indirect, incidental, or punitive damages, costs, expenses or losses (including without limitation lost profits, loss of business, anticipatory profits and opportunity costs). Releasee’s maximum aggregate liability under or in connection with this Agreement and/or any Event, whether arising in contract, tort (including negligence and strict liability) or otherwise, shall in no event exceed One Thousand U.S. Dollars ($1,000.00).
c. Representation and Warranties. Vendor represents, warrants and covenants that: (i) it has the full right and legal authority to enter into and fully perform this Agreement; (ii) any person signing this Agreement on behalf of Vendor represents and warrants that he or she has full authority to do so and that this Agreement is binding upon the entity on whose behalf he or she is acting; (iii) it will perform its contractual obligations set forth herein; (iv) it shall comply with all applicable laws; and (v) it has and will maintain all government licenses, permits or other authorizations necessary to conduct its business as well as the requisite insurance policies and coverages set forth in this Agreement.
DISCLAIMER OF WARRANTIES. Vendor acknowledges that except for express warranties set forth in Section V(c) (Representations and Warranties), all other warranties and representations, whether express or implied, are hereby expressly excluded and disclaimed, including, without limitation, the condition of the Premises and its suitability for any particular purpose. It is expressly understood and agreed that FLEA STYLE GRANTS VENDOR USE OF THE SPACE IN THE PREMISES “as is” AND VENDOR HEREBY CONFIRMS THE SPACE IS ACCEPTABLE FOR ITS USE. Releasees shall not be liable to Vendor for any delay in performing or any failure to perform any of Flea Style’s obligations set forth herein if such delay or failure is the result of any willful or negligent act or omission of Vendor. Vendor hereby releases and waives all claims, rights of recovery and causes of action that it might have (and that any party claiming by, through or under it might have) against Releasees for any loss or damage to any property of Vendor (or that of Vendor’s employees, volunteers, guests, invitees or property of a third party under Vendor’s control), even if such loss or damage is the result of the negligence of any Releasee, or its employees, agents or contractors. Releasees do not warrant, and will not have any liability whatsoever to Vendor for any services or products provided to Vendor by a third-party or contractor. Vendor expressly assumes full responsibility for all persons connected with Vendor’s use of the Premises and Space. VENDOR HEREBY ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY BROCHURE, RENDERING, INFORMATION, REPRESENTATION OR PROMISE OF THE RELEASEES, EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT. VENDOR VOLUNTARILY ASSUMES ALL RISKS, HAZARDS, AND DANGERS INCIDENT TO ITS ACTIVITIES INCLUDING, WITHOUT LIMITATION, THE RISK OF EXPOSURE TO COVID-19, AND HEREBY WAIVES ALL CLAIMS AND POTENTIAL CLAIMS RELATING TO SUCH RISKS, HAZARDS, AND DANGERS.
a. Breach. This Agreement and the rights hereby granted are subject to the limitations that upon the occurrence, at any time during the Term, of any one or more violation or breach of this Agreement shall be considered a default. Upon the occurrence of any such events of default or breach of this Agreement, Flea Style shall have the option to pursue immediate repossession of the Premises, in which event Vendor shall immediately surrender the Premises to Flea Style, and any other remedy authorized by this Agreement and the law.
b. Notice. All notices, demands, consents, approvals, waivers or other communications which may or are required to be given under this Agreement (each, “Notice”) shall be in writing and shall be delivered by e-mail to firstname.lastname@example.org. If to Vendor, to the address or e-mail address specified in Vendor’s application.
c. Attorney’s Fees. If any Releasee is required to file suit to collect an amount owed under this Agreement for Vendor’s use of the Premises, such Releasee shall be entitled to collect reasonable attorney’s fees which it is agreed to be at least fifty percent (50%) of the principal amount together with any and all other expenses such Releasee may reasonably incur in the collection of such amount.
d. Successors. This Agreement shall be binding upon and insure to the benefit of Flea Style, its clients, successors and assigns, heirs, executors, administrators, legal representatives, and shall be binding upon and insure to the benefit of Vendor, its successors, and to the extent that an assignment may be approved by Flea Style, Vendor’s assigns.
e. Electronic/Fax/PDF Same as Original. For purposes of negotiating and finalizing this Agreement (including any subsequent amendments thereto) any signed document transmitted electronically or as a PDF via email shall be treated in all manner as an original document. Any such electronic or PDF document shall be considered to have the same binding legal effect as an original document.
f. Assignment. Vendor shall not assign this Agreement, nor permit any use of the Premises other than specified in this Agreement, without the prior written consent of Flea Style. Nor shall Vendor sublet the Premises without the prior written consent of Flea Style. If a sublessee is consented to, Vendor agrees to ensure that any assignee or sublessee will comply with all terms, provisions, covenants, and conditions of this Agreement. Assignment or subletting of this Agreement shall not relieve Vendor from any of its obligations under this Agreement.
g. Governing Law; Jurisdiction; Venue. Vendor agrees it will comply with all statutes, ordinances and regulations of all federal, state, county and municipal or local governments, and of any and all of the departments or bureaus thereof applicable to the carrying on of its business, including obtaining all necessary permits. This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas without regard to its choice of law provisions. Vendor hereby agrees to submit itself to the exclusive jurisdiction of the state and federal courts of Collin County, Texas.
h. Force Majeure. Upon the occurrence of a force majeure event such as an act of God, public emergency, pandemic, war, military mobilization, riot, terrorist attack, enactment of federal, state or local laws, rules and regulations, a cause beyond the reasonable control of the Releasees, whereby fulfillment of this Agreement may be made impossible, and in such event, there shall be no liability or claim for damages whatsoever by Vendor against the Releasees.
i. No Partnership. Nothing contained in this Agreement shall be deemed to constitute Vendor and Flea Style partners or joint venturers with each other.
j. Joint and Several Liability. If more than one Vendor is named under this Agreement, the obligation of all such Vendors shall be, and is joint and several.
k. Entire Agreement. This Agreement embodies the complete agreement of Vendor and Flea Style, superseding all oral or written previous and contemporary agreements relating to matters herein.
l. Authority of Vendor’s Agent (If Applicable). By executing this Agreement, Vendor’s agent affirms that he or she has been authorized by Vendor to execute this Agreement and that all representations made herein with regard to Vendor’s identity, address, and legal status (corporation, partnership, individual, etc.), are true and correct.
COVID-19 WAIVER OF LIABILITY, WORKING STAFF RESPONSIBILITY, ASSUMPTION OF RISK
AND INDEMNITY AGREEMENT
PLEASE REVIEW THE FOLLOWING SECTIONS CAREFULLY - THEY CONTAIN A BINDING ARBITRATION PROVISION AND OTHERWISE AFFECTS YOUR LEGAL RIGHTS.
I, the undersigned person for myself and on behalf of my heirs, successors and assigns and any other person or entity acting or purporting to act on my behalf (collectively, the “Related Parties”) acknowledge the serious risks, hazards, contagious nature of and dangers posed by the novel coronavirus and associated disease (“COVID-19”) generally. I further acknowledge that exposure to COVID-19 is possible despite strict compliance with best practices, governmental orders and mandates, and guidance from public health authorities.
1. Acknowledgements: In connection with the Events at The Star in Frisco (“The Star”), I expressly agree:
A. I will conduct all activities and perform Services related to Flea Style or at The Star in strict compliance with all applicable laws, regulations, ordinances, orders, mandates, proclamations, and requirements (collectively, the “Laws”), including, without limitation, such Laws concerning or related to COVID-19 exposure control and mitigation.
B. Participating in the Events or entering The Star may involve inherent danger and risk, including danger and risk related to COVID-19. By participating in the Events or entering The Star, I knowingly and voluntarily assumes full responsibility for, and risk of, any illness, death or other injury to me (and all related damages, liability or other losses of me and any Related Party) related to COVID-19, including all risks based on the sole, joint, active or passive negligence of any of the Released Parties (defined below).
C. I will conduct all activities related to the Events in strict compliance with the rules, regulations, and requirements of Flea Style.
D. I will stay home when feeling ill, when exposed to COVID-19 (e.g., positive household member case), or if diagnosed with a confirmed case of COVID-19.
2. Waiver of Liability. I, for myself and on behalf of my Related Parties, hereby release, covenant not to sue, waive, forever discharge and hold harmless Flea Style, Blue Star Operations Services, LLC, Blue Star Frisco Retail, LLC, the respective subsidiaries and affiliates of each of the foregoing entities, and all of their respective directors, officers, subsidiaries, affiliates, owners, joint ventures, partners, members, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, demands, obligations, causes of action, losses, lawsuits, damages, liabilities, costs or expenses of every kind (including the payment of reasonable attorneys’ fees and disbursements) (“Claims”), regardless of the existence or degree of fault or negligence, action or inaction of a Released Party or any other person or entity, whether foreseeable or unforeseeable, arising out of or related to any exposure to or transmissions of a communicable disease (i.e., COVID-19) while at The Star or in connection with the Events, including, but not limited to, Claims based on injury to, death of, hospitalization of, loss of income by, loss of consortium by, physical or emotional injuries or damages to any person or property. The waiver above is in addition to any obligations I may have through another agreement with any Released Party and will survive expiration of both this waiver and any other such agreement.
3. Class Action Agreement. I agree that all Claims under this Agreement must be pursued on an individual basis only. By signing this Agreement, I hereby waive my right to commence, or be a party to, any class or collective Claims against Flea Style, The Star or the Released Parties.
4. Miscellaneous. Strict compliance with the terms and conditions above is a condition of participating in the Events at The Star. If, for any reason, I am not able or willing to comply with the terms and conditions set forth above, I agree to not participate in the Events.
BY SIGNING BELOW, I VOLUNTARILY ASSUME ALL RISKS, HAZARDS, AND DANGERS INCIDENT TO MY PARTICIPATION IN THE EVENTS, INCLUDING, WITHOUT LIMITATION, THE RISK OF EXPOSURE TO COVID-19, AND HEREBY WAIVE ALL CLAIMS AND POTENTIAL CLAIMS RELATING TO SUCH RISKS, HAZARDS, AND DANGERS.
ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED TO THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN A MUTUALLY AGREED UPON LOCATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT.
This Agreement shall be governed by the laws of the State of Texas without regard to principles of conflicts of laws. If any provision contained in this Agreement conflicts with any other provision in another agreement with a Released Party, the provisions of this Agreement shall govern and control. I understand and agree that this Agreement is confidential, and I shall not disclose the terms and conditions or the existence of this Agreement. If any part of this document is held to be unenforceable, then that part is to be construed by modifying it to the minimum extent necessary to make it enforceable, and the rest of the document shall remain in full force and effect as written. The term of this Agreement is perpetual and applies to all activities and Services related to Flea Style or at The Star from the date of its execution. I agree that (a) my “electronic signature” included in this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature and (b) Flea Style is not required to countersign this Agreement for me to be bound to the terms and conditions of this Agreement. “Electronic signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, pursuant to the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code Ann. § 322.001 et seq.).