VENDOR AGREEMENT:
By submitting this Vendor Registration Form, Vendor agrees as follows:
1. FEES - Fees are being waived for this event and will continue to be waived so long as vendors who register comply with regulations and attend the event. Please only register if you intend to show up. Failures to show up cause significant event issues.
2. Completion of the registration application does not guarantee acceptance or approval. Requests made will be addressed in a first come, first serve, case by case basis.
3. Setup will be permitted starting at noon on the day of the event. Security will be provided during setup. Although these security measures are in place, the City of Everman and Timberview Farmstead are not responsible for any theft of or damage to personal property. Staff will be on site, but are limited to only being able to provide guidance on where to setup. City staff is not able to assist with setup of individual vendor booths. Each vendor is responsible for the setup and tear down of their booth.
4. Outdoor Vendor spaces may be uncovered. Must provide your own tables and chairs. Special parking will be made available.
5. **NO ALCOHOL IS PERMITTED** Alcohol may only be purchased on site, if provided, through the authorized and licensed vendor.
6. Vendors selling food or food like products must possess appropriate and valid Tarrant County Health Permits. This is the responsibility of the vendor. If you have any questions, please contact Tarrant County Public Health. This event will receive a special event permit and all food related vendors will be subject to on site inspection by city or county inspector at any time during the festival.
7. The City of Everman and Timberview Farmstead reserve the right to deny and/or revoke participation in this event at any time. All activities must be appropriate for all ages. QUESTIONS? Contact: (817) 293-0525.
8. Vendor agrees to comply with all directives and guidelines from the City of Everman and Timberview Farmstead, as well as state, county, and local health officials, pertaining to health and safety matters (including but not limited to directives and guidelines related to fire prevention, public safety, crowd management, health, sanitation, food-borne illness, and related public health and safety matters).
9. Vendor agrees that its participation in the event is at its own risk and that it is solely responsible for any damage or injury resulting from said participation in the event. Vendor agrees that in no event shall City or Timberview Farmstead be responsible for any damage or injury of any kind to Vendor, its officers, contractors, volunteers, agents, employees, or representatives, or any property belonging to Vendor.
10. Indemnification: VENDOR ON BEHALF OF THE VENDOR, ITS OFFICERS, EMPLOYEES, CONTRACTORS AND VOLUNTEERS AND ANY ENTITY WHICH THE VENDOR CONTROLS (COLLECTIVELY THE “VENDOR”) HEREBY COVENANTS AND CONTRACTS TO WAIVE ANY AND ALL CLAIMS AND TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, TIMBERVIEW FARMSTEAD, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES (COLLECTIVELY THE “CITY & TIMBERVIEW INDEMNITEES”) FROM AND AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS, COSTS, DAMAGES, EXPENSES, FINES, JUDGEMENTS, PEMALTIES OR SUITS, PROPERTY DAMAGES, PERSONAL INJURIES INCLDUING DEATH, CAUSED BY OR RESULTING FROM THE NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT OR ANY OTHER ACT OR OMISSION OF VENDOR, INCLUDING BUT NOT LIMITED TO THE VIOLATION OF ANY ORDINANCE, REGULATION, STATUTE, OR OTHER LEGAL REQUIREMENT BY VENDOR. INDEMNIFIED ITEMS SHALL INCLUDE BUT SHALL NOT BE LIMITED TO CITY’S OR TIMBERVIEW'S REASONABLE ATTORNEYS’ FEES AND COSTS, COURT COSTS, AND SETTLEMENT AMOUNTS PAID. THE INDEMNIFICATION OBLIGATION SHALL NOT BE LIMITED BY A LIMITATION ON AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE VENDOR OR ANY OTHER EMPLOYER UNDER WORKER’S COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER SIMILAR EMPLOYEE BENEFIT ACTS. THE VENDOR’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF ANY INSURANCE BY VENDOR.
11. Vendor certifies, warrants, and represents that the individual submitting the Vendor Registration Form, including this Vendor Agreement, is duly authorized to make such Agreement on behalf of the individual, company, firm, corporation, partnership, or other entity that is the Vendor.