Liability Policy — BrightForge Creative

HOMELAND MARKET

VENDOR LIABILITY WAIVER, RELEASE OF LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT

Event: Homeland Market
Location: 170 Bowery Lane, Homeland, Georgia 31537

This Vendor Liability Waiver, Release of Liability, Hold Harmless, and Indemnification Agreement ("Agreement") is entered into by the undersigned Vendor ("Vendor") in consideration of being permitted to participate in the Homeland Market ("Event"), organized and administered by BrightForge Creative, LLC on behalf of and in cooperation with the City of Homeland, Georgia.

For purposes of this Agreement, the term "Released Parties" includes BrightForge Creative, LLC, the City of Homeland, Georgia, and each of their respective owners, members, managers, officers, elected officials, employees, volunteers, contractors, agents, representatives, successors, and assigns.

1. ASSUMPTION OF RISK

Vendor acknowledges and understands that participation in the Event involves risks, hazards, and dangers that may result in personal injury, illness, death, property damage, economic loss, or other damages. Such risks include, but are not limited to:

Weather conditions, including wind, rain, lightning, heat, and storms;

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Slip, trip, and fall accidents;
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Vehicle and pedestrian traffic;
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Equipment failures;
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Electrical equipment and generators;
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Food preparation and service operations;

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Crowd-related incidents;
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Fire hazards;
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Theft, vandalism, or damage to property; and

Acts or omissions of other participants, vendors, attendees, or third parties.

Vendor voluntarily assumes all risks associated with participation in the Event.

2. RELEASE OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, VENDOR HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIM, DEMAND, CAUSE OF ACTION, LOSS, LIABILITY, DAMAGE, COST, EXPENSE, OR INJURY OF ANY KIND ARISING OUT OF OR RELATED TO VENDOR'S PARTICIPATION IN THE EVENT, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, PROPERTY LOSS, LOST PROFITS, BUSINESS INTERRUPTION, OR ECONOMIC DAMAGES.

This release applies regardless of whether such damages occur before, during, or after the Event, except where prohibited by applicable law.

3. HOLD HARMLESS AGREEMENT

Vendor agrees to hold harmless the Released Parties from any and all claims, demands, damages, liabilities, losses, costs, expenses, fines, penalties, judgments, settlements, and attorney's fees arising from:

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Vendor's participation in the Event;
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Vendor's business operations;
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Vendor's products or services;
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Vendor's employees, contractors, agents, volunteers, or representatives;

Vendor's equipment, vehicles, trailers, displays, tents, generators, or inventory; or

Vendor's failure to comply with any law, regulation, permit requirement, or Event rule.

4. INDEMNIFICATION

Vendor agrees to defend, indemnify, and hold harmless the Released Parties from and against any claim, lawsuit, action, demand, liability, judgment, settlement, loss, damage, expense, or attorney's fee arising out of or related to:

Injury, illness, or death caused by Vendor or Vendor's operations;

Property damage caused by Vendor or Vendor's operations;

Products sold, distributed, prepared, served, or displayed by Vendor;

Acts or omissions of Vendor's employees, agents, contractors, volunteers, family members, or representatives;

Violations of federal, state, county, or municipal laws by Vendor; and

Any claim brought by a third party arising from Vendor's participation in the Event.

Vendor's duty to indemnify shall survive the conclusion of the Event.

5. PROPERTY AND EQUIPMENT

Vendor understands and agrees that:

Vendor is solely responsible for all personal property, merchandise, equipment, displays, tents, generators, trailers, vehicles, and inventory.

The Released Parties are not responsible for theft, loss, damage, destruction, vandalism, weather-related damage, or deterioration of Vendor property.

Vendor assumes all responsibility for securing and protecting Vendor property.

6. SAFETY REQUIREMENTS

Vendor agrees to:

Maintain a safe booth area at all times;

Properly secure tents, canopies, displays, and equipment;

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Follow all fire safety regulations;
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Maintain clear access routes and emergency pathways;

Operate generators in accordance with manufacturer recommendations and Event rules;

Comply with all directions from Event organizers, City officials, emergency personnel, and law enforcement.

Failure to comply may result in immediate removal from the Event without refund.

7. LICENSES, PERMITS, AND COMPLIANCE

Vendor certifies that Vendor is responsible for obtaining and maintaining all licenses, permits, inspections, certifications, registrations, and approvals required by applicable law.

Vendor further certifies compliance with all applicable:

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Federal laws;
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Georgia laws;
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Camden County regulations;
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City of Homeland ordinances; and
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Public health requirements.
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8. INSURANCE

Food vendors, food trucks, trailers, and any vendor designated by Event organizers may be required to maintain commercial general liability insurance with minimum limits of $1,000,000 per occurrence.

Vendor agrees to provide proof of insurance upon request.

9. MEDIA RELEASE

Vendor grants BrightForge Creative, LLC and the City of Homeland unrestricted permission to photograph, video record, reproduce, publish, distribute, and use Vendor's name, business name, likeness, products, displays, and promotional materials for advertising, marketing, social media, websites, print materials, and promotional purposes without compensation.

10. NO REFUND FOR REMOVAL

Vendor understands that removal from the Event due to violation of Event rules, safety concerns, unlawful conduct, or failure to comply with organizer instructions may occur without refund of vendor fees.

11. GOVERNING LAW AND VENUE

This Agreement shall be governed by and interpreted under the laws of the State of Georgia.

Any legal proceeding arising from this Agreement shall be brought exclusively in a court of competent jurisdiction located within Camden County, Georgia.

12. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties regarding liability, indemnification, and participation in the Event and supersedes all prior discussions or understandings regarding such matters.

13. RAIN OR SHINE EVENT

The Homeland Market is a rain or shine event. Vendor acknowledges and agrees that the Event will proceed regardless of weather conditions unless cancellation is determined necessary by the Event Organizer or the City of Homeland due to circumstances presenting an immediate threat to public safety, including but not limited to severe weather, natural disasters, governmental orders, emergencies, or other conditions beyond the reasonable control of the Event Organizer.

Vendor assumes all risks associated with weather conditions and agrees to take appropriate measures to protect their merchandise, equipment, displays, tents, and property.

No refunds, credits, transfers, or fee adjustments shall be provided due to rain, wind, heat, cold, inclement weather, or the Vendor's decision not to attend the Event.

14. NO REFUND POLICY

All vendor fees are non-refundable and non-transferable.

By submitting payment and participating in the registration process, Vendor reserves a space for the Event and acknowledges that Event organizers incur administrative, marketing, operational, and planning expenses in reliance upon Vendor's registration.

Vendor shall not be entitled to a refund, credit, transfer, or future event credit for any reason, including but not limited to:

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Inclement weather;
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Personal scheduling conflicts;
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Illness or injury;
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Vehicle or equipment failure;
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Failure to obtain required permits or licenses;

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Business closure;
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Low attendance;
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Dissatisfaction with sales performance;
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Late arrival or early departure;
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Failure to appear; or
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Voluntary cancellation by Vendor.
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If Vendor elects not to participate after registering, Vendor forfeits all fees paid and releases BrightForge Creative, LLC and the City of Homeland from any obligation to provide reimbursement.

In the event the Event is canceled by BrightForge Creative, LLC or the City of Homeland due to circumstances beyond their reasonable control, including but not limited to severe weather, acts of God, public emergencies, governmental actions, or force majeure events, organizers reserve the sole discretion to determine whether refunds, credits, rescheduling, or other accommodations will be offered.

ACKNOWLEDGMENT

BY ACCEPTING AGREEMENT, VENDOR ACKNOWLEDGES THAT THEY HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, UNDERSTAND THAT THEY ARE WAIVING CERTAIN LEGAL RIGHTS, AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS.

Event Organizer: BrightForge Creative, LLC

Municipal Partner: City of Homeland, Georgia