ARTIST BOOTH SHARING - IT'S ALLOWED BUT YOU MUST APPLY TOGETHER
Each artist or group of artists sharing a booth will be juried individually only the artist selected will be able to sell in shared spaces/collectives. If you have a question about this, please email artswarehousedelray@mydelraybeach.com
ARTS WAREHOUSE AGREEMENT AND RELEASE
In consideration of my participation as a vendor in the activity known as the Arts Warehouse Makers Market and my use of the facilities and services provided by Arts Warehouse (collectively, the “Activity”), which I acknowledge is good and sufficient consideration, I hereby agree as follows:
1. Participation. The details and scope of my participation in the Activity are subject to change in the Arts Warehouse Makers Market’s sole discretion. I acknowledge that my participation in the Activity is terminable in the Arts Warehouse Makers Market’s sole discretion.
2. Compliance and Insurance. I agree that I and my agents, contractors, and employees will comply with and maintain behavior in accordance with all applicable laws and all applicable rules and regulations of Arts Warehouse Makers Market and its parents and affiliated companies/organizations (collectively, the “Activity Entities”). I further agree that (a) I will not sell, promote, or offer to sell any illegal, offensive, defective or inherently dangerous products in connection with the Activity; (b) the products or services I sell, promote, and offer to sell in connection with the Activity will not infringe upon any third-party rights; and (c) I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Activity and I will cause said insurance to be primary over any other insurance.
3. Release. I, ON BEHALF OF MYSELF, MY HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS, AND ANY OTHERS WHO MAY TAKE BY OR THROUGH ME, hereby REPRESENT AND covenant NOT to bring any lawsuit or make any claim under any theory and hereby release THE ACTIVITY ENTITIES and EACH OF their respective parents, subsidiaries, affiliates, and THE officers, directors, MEMBERS, MANAGERS, employees, representatives and agents (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, COSTS, EXPENSES, FEES (INCLUDING ATTORNEYS’ FEES), CAUSES OF ACTION AND LIABILITIES OF ANY NATURE, WHICH I MAY NOW HAVE OR WHICH MAY ARISE, OR HEREAFTER BE ENTITLED TO ASSERT, FOR ANY MATTER, CAUSE OR THING, ANY INJURY, NEGLIGENCE, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS, INJURY, DAMAGE, OR ACCIDENT TO PERSON(S) OR PROPERTY, OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER, WHETHER DIRECT, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL, arising from OR IN CONNECTION WITH THE ACTIVITY, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS OR MISCONDUCT OF ANY RELEASED PARTY.
4. Indemnification. WITH REGARD TO ANY CLAIM, LOSS, LIABILITY, COST OR EXPENSE ARISING OUT OF: (A) ANY ACTUAL, ANTICIPATED OR THREATENED BREACH OF THIS AGREEMENT; OR (B) MY PARTICIPATION IN THE ACTIVITY, I IRREVOCABLY AGREE TO DEFEND, INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST SUCH CLAIM, LOSS, LIABILITY, COST AND EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES.
5. Miscellaneous. I understand and agree that this Agreement is governed by and construed in accordance with the laws of the State of Florida. Any action arising out of or relating to the Activity or this Agreement must be filed exclusively in the federal or state courts in Palm Beach County, Florida and I hereby consent to the personal jurisdiction of such courts, and any right to a trial by jury is hereby waived. In the event that any provision hereof shall be invalid or unenforceable due to any law, said provision shall be modified to the minimum extent necessary to effect compliance with such law, and in any event such invalidity or unenforceability shall have no effect upon the remaining terms and conditions hereof. I acknowledge that the rights and remedies granted to me herein are intended to be solely for my benefit and shall not otherwise be deemed to confer upon or give to any third party any remedy, claim, cause of action or other right.