Holiday Market Vendor Liability Waiver and Agreement

Market Name: West Haus Studio Holiday Market

Date of Market: December 5 from 12:00 PM - 9:00 PM

1. Sales and Financial Disclaimer (Risk Acknowledgment)

The Vendor understands and agrees that the Host makes no guarantees, representations, or warranties regarding the level of traffic, sales, or profits the Vendor will generate during the Market. The Vendor assumes all risk regarding the success or failure of their sales during the Market, and the Host shall not be responsible or liable for any loss of revenue, profit, or business incurred by the Vendor. The Vendor is solely responsible for collecting, reporting, and paying all applicable taxes (sales, income, etc.) related to their transactions at the Market.

2. Promotional and Marketing Obligation

The Vendor agrees to actively participate in the promotion of the Market. The Vendor MUST make a minimum of [Insert Number, e.g., three (3)] promotional posts or stories about the Market on their main business social media account(s) (e.g., Instagram, Facebook) in the weeks leading up to the Market date(s). These posts must include the official Market name, date(s), and the Host’s social media handle(s). Failure to comply may impact future participation opportunities.

3. Waiver of Liability, Property Loss, and Indemnification

The Vendor agrees to the following:

  • Damage to Property: The Host, its owners, employees, agents, or representatives are NOT liable for any loss, damage, or theft of the Vendor's merchandise, equipment, personal property, or money arising from any cause whatsoever, including but not limited to fire, flood, accident, criminal activity, or negligence. The Vendor is solely responsible for securing and insuring their property and materials.

  • Personal Injury: The Host is NOT liable for any personal injury (including death) sustained by the Vendor, the Vendor’s employees, or the Vendor’s agents, while participating in the Market, including during setup, operation, and teardown.

  • Hold Harmless/Indemnification: The Vendor agrees to indemnify, defend, and hold harmless the Host from and against any and all claims, demands, suits, liability, loss, cost, or expense (including reasonable attorney's fees) arising out of or resulting from the Vendor's acts, errors, omissions, or negligence in connection with their participation in the Market.

4. General Market Terms

  • Setup/Teardown: The Vendor must adhere strictly to the designated setup and teardown times and procedures provided by the Host.

  • Compliance: The Vendor agrees to comply with all applicable laws, regulations, permits, and rules set forth by the Host or the venue management.

  • Photography/Media: The Vendor grants the Host the right to photograph and film the Vendor’s display and personnel for promotional purposes related to the current or future Markets without compensation.

5. Acceptance

By signing below, the Vendor confirms they have read, understand, and agree to all terms and conditions set forth in this Waiver and Agreement.