Parties and Definitions
This Vendor Agreement is between the undersigned Vendor Participant and North Country Land Stewards LLC, doing business as The Bower (hereinafter "Host"), in connection with The Life Forest Midnight Market at The Bower (hereinafter "Event"). "Host Parties" refers collectively to the Host; Bethlehem Woods LLC (the "Landowner"); and each of their owners, members, officers, employees, agents, contractors, guides, volunteers, and the event co-host(s), and all persons or entities acting on their behalf. "Premises" means the conservation forest land, access lane, parking, meadow, campsites, and structures at and around the Event location. "Vendor Participant" means the business named below and every person it brings on site (owners, staff, helpers, and any minors in its booth).
1. Vendor Participant Acknowledgment, Release, and Assumption of Risk
In consideration of being permitted to participate as a Vendor Participant at the Event on the Premises, I, on behalf of myself, my business, my staff and helpers, and my spouse, children, parents, heirs, assigns, and personal representatives, agree to release, indemnify, and discharge the Host Parties as follows:
- Assumption of risk. I acknowledge that selling at and attending an outdoor event on conservation forest land entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, my staff, my property, or third parties, and that these risks cannot be eliminated without changing the essential nature of the Event. The risks include, among other things: slipping, tripping, and falling on natural, uneven, and unlit ground; loading, unloading, lifting, carrying, and moving heavy goods, displays, and equipment; operating and parking a vehicle on a narrow, private, single-lane gravel drive shared with other vehicles and pedestrians; setting up, operating, and securing my own booth, canopy, tent, tables, signage, lighting, and battery power; being present outdoors, including after dark and in low light, over multiple days and in whatever weather the Event dates bring (including cold, heat, rain, wind, and the temperature swings of a forest at night); exposure to wild animals, insect and tick bites, and hazardous plant life; that accidents or illness can occur in a remote place without immediate medical facilities; equipment failure; the conduct of other vendors, guests, and third parties; and my own physical condition and exertion.
- Voluntary participation. My participation as a Vendor Participant is purely voluntary, and I elect to participate in spite of the risks. I expressly agree to accept and assume all risks existing in this activity, both known and unknown.
- Release & indemnity. I voluntarily release, forever discharge, and agree to indemnify and hold harmless the Host Parties from any and all claims, demands, or causes of action which are in any way connected with my participation as a Vendor Participant, my presence on the Premises, or my use of the Premises, access lane, parking, campsite, equipment, or facilities — including any such claims alleging the negligent acts or omissions of the Host Parties.
- Attorney's fees. Should any of the Host Parties be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- My own insurance & condition. I certify that I carry, or will obtain, adequate insurance to cover any injury or damage I, my staff, or my business may cause or suffer while participating, or else I agree to bear those costs myself (see Part 3). I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- Governing law & severability. Any lawsuit I bring against the Host Parties will be brought solely in the State of New Hampshire, and New Hampshire substantive law governs without regard to its conflict-of-law rules. If any portion of this agreement is found void or unenforceable, the remaining portions remain in full force and effect.
2. Vendor Participant Commercial Terms & Indemnification of the Host Parties
In consideration of being permitted to participate as a Vendor Participant at the Event on the Premises, I, on behalf of myself, my business, my staff and helpers, and my spouse, children, parents, heirs, assigns, and personal representatives, agree and attest to the following commercial terms and indemnification of the Host Parties:
- Independent seller. I am an independent business. Nothing in this agreement makes me an employee, agent, partner, joint venturer, or representative of any of the Host Parties, and I have no authority to bind them. I am solely responsible for my own goods, inventory, pricing, display, setup, teardown, sales, refunds to my customers, and all interactions with the public at my booth.
- My products and transactions are mine. The Host Parties are not responsible or liable for my products, my representations about them, or any transaction between me and a customer. I agree to indemnify, defend, and hold harmless the Host Parties from any claim, loss, or liability arising out of my products, my booth, my staff or helpers, my conduct, or my sales — including product defects, injury or illness caused by anything I sell, intellectual-property claims, and disputes with my customers.
- Goods must be lawful and safe. Everything I sell or display is legal to sell, accurately described, and not recalled, counterfeit, hazardous, or prohibited, and I warrant I have the right to sell it. The Host Parties may require me to remove any item it reasonably deems unsafe, unlawful, or inconsistent with the Event.
- Taxes, licenses & permits. I am responsible for collecting and remitting any taxes that apply to my sales and for obtaining any business license or permit my activity requires.
- Food & beverage vendors. Food vendors are welcome. If I sell food or beverages, I am responsible for all required state and local health permits, safe food-handling, temperature control, and allergen labeling, and I will comply with them. No alcohol and no CBD-containing products may be sold or served on the Premises.
- Booth & equipment. I understand my vendor booth spot is sized to accommodate a single 10-foot x 10-foot booth/canopy for the dates of the Event. I understand that I must supply my own 10×10 booth/canopy, display tables, signage, and low-light, battery-powered booth lighting, and I am responsible for purchasing and installing all lighting my booth needs for this nighttime event. The Host will provide guidance on recommended lighting, but supplying it is my responsibility. I will keep my setup, canopy, and goods within my assigned space; secure my canopy and displays against wind; not block walkways, neighbors, or emergency access routes; and use no amplified sound without prior approval. I understand that no power is provided at booths, and no generators are permitted to run during the Event, so I will run all lighting using my own portable battery power. I understand that there is a battery-recharge area near the pop-up market where I can reserve time to recharge batteries during the Event or between Event days. I understand that Host Parties may assign, reassign, or relocate booth spaces before and during the Event for any reason, including safety considerations.
- Vehicles, load-in & load-out. I will follow my assigned load-in/load-out window and all staff directions; drive slowly and carefully on the private single-lane drive; not block the lane or emergency access; and park only where directed. I operate my vehicle on the Premises at my own risk, and the Host Parties are not responsible for damage to or theft from my vehicle.
- Leave no trace on conservation land and Premises. I understand that the Premises is located on conservation forest protected by a conservation easement for the benefit of humans, wildlife, and the natural world. I will stay within designated vendor and event areas; not cut, damage, or remove vegetation; pack out everything I bring in, including all trash and packaging; not drive stakes or dig without permission; and follow all fire and open-flame restrictions. I understand that I am solely responsible for keeping and leaving my space clean.
- Camping (for vendors camping on Premises). My overnight stay is primitive camping, booked and paid separately through Hipcamp, and is subject to the campsite listing rules posted on Hipcamp. I understand there is no water, power, human waste disposal, or other waste disposal at the campsite. I understand all items I bring into the campsite must be packed out with me when I depart; the posted fire rules; quiet hours; and requirement to check out by 11:00am Sunday, September 27, 2026. I camp at my own risk.
- My property is at my own risk. My goods, cash, equipment, vehicle, and personal property are my sole responsibility. The Host Parties are not responsible for loss, theft, or damage to them, including overnight, and I am responsible for securing my booth.
- Conduct. I will follow all Event rules and the directions of staff, guides, and volunteers, keep my booth family-friendly, and treat guests, other vendors, and staff with respect. Host Parties may remove me or my staff from the Event for unsafe conduct, intoxication, harassment, or repeated rule violations, without refund.
- No guarantee of sales. Host makes no guarantee of attendance, foot traffic, weather, or sales, and is not liable for my lost or potential sales, profits, or expenses.
- The Host may cancel or shorten the Event. The Host reserves the right to cancel the Event entirely, or to shorten Event hours on one or both Event days, for any reason — including weather conditions or general site-safety concerns.
- Fees & refunds. My booth fee is $50 for both nights, paid via Square after acceptance; camping, if I choose it, is $70 paid via the Hipcamp booking platform. Refunds work as follows:
- If I cancel: my booth fee is fully refundable if I cancel by August 15, 2026; my camping fee is fully refundable if I cancel by Wednesday, September 23, 2026 (the day before camping arrival).
- If the Host shortens Event hours on one or both days, no refund is owed.
- If the Host fully cancels one Event day, I receive a $25 booth-fee refund for that day, and my camping fee is unchanged (not refunded).
- If the Host cancels the entire Event, I receive a $50 booth-fee refund (full refund); and if I then choose not to camp, my camping fee is fully refunded. If I choose to camp anyway after a full-Event cancellation, the camping fee still applies — including for a single night.
- These refunds are my sole remedy. I release the Host from any further liability, damages, or refunds — including for lost or potential sales, and for travel, lodging, or other costs I incurred to participate.
3. Vendor Participant Commercial Insurance Attestation
In consideration of being permitted to participate as a Vendor Participant at the Event on the Premises, I, on behalf of myself, my business, my staff and helpers, and my spouse, children, parents, heirs, assigns, and personal representatives, agree to the following insurance attestation:
- I carry, and will keep in force through the Event, commercial general liability insurance covering my business, products, and activities at the Event, with limits of at least $1,000,000 per occurrence / $2,000,000 aggregate.
- I will obtain from my insurer and provide to Host a copy of a waiver of subrogation in favor of the Host Parties, and I will provide a Certificate of Insurance (COI) to Host by August 15, 2026, that names North Country Land Stewards LLC (dba The Bower) and Bethlehem Woods LLC as additional insured.
- I will keep the COI valid through the Event dates and will provide an updated certificate if my coverage changes or lapses.
I understand that providing a valid COI and proof of waiver of subrogation is a condition of being permitted to vend, and that the Host may exclude a vendor who has not provided the required insurance documentation by August 15, 2026.
4. Vendor Participant Release and Assumption of Risk for Outdoor Activities on Premises
In consideration of the services of the Host Parties, I hereby agree to release, indemnify, and discharge Host Parties on behalf of myself, my business, my staff and helpers, and my spouse, children, parents, heirs, assigns, and personal representatives as follows:
- I acknowledge that activities in natural and outdoor areas entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activities.
The risks include, among other things: slipping and falling; falling objects; water hazards; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect and tick bites, and hazardous plant life; accidents or illness that can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink causing illness or allergic reactions; equipment failure; improper lifting or carrying; my own physical condition; the physical exertion associated with this activity; burns or smoke inhalation associated with campfires; camping in primitive outdoor conditions; and walking in outdoor natural environments after sunset and in low light conditions.
Furthermore, Host Parties have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, incorrect information, and the equipment being used might malfunction.
Knowing and understanding these risks,
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Host Parties from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Host Parties’ equipment, facilities, or services, including any such claims which allege negligent acts or omissions of Host Parties.
- Should Host Parties or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- In the event that I file a lawsuit against Host Parties, I agree to do so solely in the jurisdiction of the State of New Hampshire, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
5. Vendor Participant Health Screening & Emergency Medical Consent
I confirm that all health information I provide to Host Parties is accurate and complete, and I agree to communicate fully with Host Parties about any health concern that arises during events and activities facilitated by Host Parties. I give my permission for Host Parties staff to seek emergency medical diagnosis or treatment for me and other members of my party in the event that I or they are unconscious or unable to make decisions. I understand that should anyone in my party need medical care for any reason while participating, the role of the Host Parties is limited to emergency first aid and either transporting the affected person to the nearest medical facility or arranging for emergency transport.
6. Vendor Participant Photo & Media Consent and Release
The Event Premises is a photographed and recorded event venue. By registering for and attending public events and activities hosted at the Premises, I acknowledge and agree to the following, on behalf of myself and any minors or guests in my party for whom I am registering:
- Consent to be recorded. I understand that Host Parties may photograph, film, video- and audio-record, and otherwise capture my image, likeness, voice, and statements at the Event.
- Grant of rights. I grant Host Parties a perpetual, irrevocable, worldwide, royalty-free, non-exclusive right and license to use, reproduce, edit, adapt, publish, display, distribute, and create derivative works from those photographs, recordings, and any reproductions of them (the "Images"), in whole or in part, in any medium now known or later developed — including Host Parties’ websites, social media accounts, newsletters, and printed and digital marketing, promotional, and educational materials.
- No compensation. I understand that I will receive no payment or other compensation for the Images or their use, now or in the future.
- No approval right. I waive any right to inspect or approve the Images, the finished materials, or the written copy that may accompany them, and I understand Host Parties have no obligation to use any Image.
- Release of claims. To the fullest extent permitted by New Hampshire law, I release and hold harmless Host Parties from any and all claims arising out of the capture or use of the Images, including claims based on rights of privacy or publicity, defamation, or the use of my name, likeness, or voice.
- Minors. If I am registering anyone under 18, I attest that I am their parent or legal guardian and I grant this consent and release on their behalf.
I confirm I am at least 18 years old and have the right to agree to this Participant Photo & Media Consent and Release, and that if any part of it is found unenforceable the rest remains in effect.
7. Signature
By signing this agreement, I acknowledge that if anyone is hurt or property is damaged during my participation as a Vendor Participant in events, activities, or programs facilitated by Host Parties, I may be found by a court of law to have waived my right to maintain a lawsuit against Host Parties on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
If I am registering anyone under age 18, I attest that I am their parent or legal guardian, and I agree to release, indemnify, and discharge Host Parties on their behalf according to the terms of this entire Agreement.