Thrival 2017 Vendor Form
For package deals that include organization ticket bundles (including VIP), Thrival Innovation program sponsorship, marquee demo space at Thrival Innovation and Thrival Music, and other brand activation activities, please contact email@example.com.
I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I ACCEPT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. I ENTER INTO THIS AGREEMENT VOLUNTARILY, WITH FULL KNOWLEDGE OF ITS EFFECT.
VENDOR Waiver and Release from Liability/Indemnification:
By clicking the check box above, I acknowledge that I HAVE READ, UNDERSTAND AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS IN THEIR ENTIRETY.
The undersigned (“VENDOR”) agrees and understands that he/she/it is an independent vendor and that Thrill Mill, Inc. (“Thrill Mill”) is furnishing the opportunity for the undersigned, as an independent vendor, to participate in the Thrival Innovation and Music Festival to be held September 21-27, 2015, in various locations in and around Pittsburgh, PA (the “Festival”), for independent vendor purposes and is not providing responsibility, supervision or instruction.
The term Festival VENDOR shall include, but not be limited to, any independent vending activity undertaken for and at the Festival, including without limitation, the Festival site and related venues, any walkways and roads within the Festival site and related venues, the adjacent parking facilities, any courtesy vehicle providing transportation between the above locations.
VENDOR agrees that in consideration of being allowed to participate in the Festival, VENDOR does freely and voluntarily enter into this waiver and release of liability/indemnification (“Agreement”). VENDOR understands and is aware of the possible damage or loss from whatever causes that may arise from the approved participation in the Festival as an independent vendor, and agrees to assume all risks in connection with vending activities at the Festival. VENDOR, for himself, herself, itself, his/her/its officers, employees, agents, hires, executors, administrators and assigns, forever releases, discharges, holds harmless, and waives any and all claims and causes of action of any nature or kind whatever, against Thrill Mill, Inc., its officers, directors, staff, employees and agents, for any and all claims, liabilities, damages, costs, expenses (including attorney’s fees), demands, or causes or rights of action of whatever kind or name, either in law or in equity caused by any accident or incident which may occur as a result of, or arise from, VENDOR’S participation in the Festival, except for acts caused by willful misconduct or by the gross negligence of Thrill Mill, Inc., its officers, directors, staff, employees or agents.
VENDOR agrees to indemnify, defend and hold harmless Thrill Mill, Inc., its officers, directors, staff, employees, agents and volunteers from and against any and all liabilities, claims, damages, costs, expenses (including attorney’s fees), demands, actions or rights of action of whatever kind or name, either in law or equity, brought or caused by the undersigned, its officers, employees, agents, his/her family, heirs, assigns and any other party, related to or arising from VENDOR’S participation in the Festival or related to or arising from VENDOR’s vending activities, except for acts caused by willful misconduct or by the gross negligence of Thrill Mill, Inc., its officers, directors, staff, employees or agents.
VENDOR agrees to abide by all the rules and regulations pertaining to Festival vending as may be designated by Thrill Mill, Inc., its agents or employees. VENDOR further acknowledges that there is some danger involved in VENDOR’s participation in the Festival. VENDOR understands the risk involved and voluntarily assumes the risk of the possibility of any danger or injury to his/her person and/or others resulting from participation in the Festival.
The undersigned VENDOR representative hereby certifies that VENDOR is responsible for implementing and following all proper safety precautions to ensure the safety of his/her/its employees, volunteers, subcontractors, independent contractors, agents, guests and customers while each of the aforementioned participants is on Festival property.
VENDOR further agrees that he/she/it shall be responsible for the proper conduct of involved employees, agents, and volunteers and for proper care to Festival property. VENDOR further agrees that he/she/it shall be solely responsible for the restoration of any Festival property used by him/her/it and/or his/her/its organization to its original condition should any damage occur or clean up following the event be required and that he/she/it will restore any property damage or return any property to equal or better condition if damaged by his/her/its employees, volunteers, subcontractors, guests and/or personnel.
VENDOR hereby authorizes and gives full permission to Thrill Mill, Inc. for the use of his/her/its name, and logo as well as the voice, photograph, likeness and/or biography of any of its employees, agents, and volunteers, in any manner and for any purpose related to the Festival as may be authorized by Thrill Mill, Inc. VENDOR further authorizes Thrill Mill, Inc. to obtain and hold the rights to use any copyrights to any Festival-related products that may incorporate or use his/her/its name, and logo as well as the voice, photograph, likeness and/or biography of any of its employees, agents, and volunteers.
VENDOR expressly agrees that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvaniaand is intended to be as broad and inclusive as permitted by such laws; if portion of this Agreement is held to be invalid, the balance shall, not withstanding, continue in full legal force and effect.
Event Release & Waiver of Liability By participating in the Thrival Music Festival (the “Event”) and in consideration of being allowed to participate in the Event, the receipt and sufficiency of which is hereby acknowledged, on behalf of myself and any minor accompanying me, I hereby fully and forever release, discharge, and agree not to sue Thrill Mill, Inc. (DBA "Thrival Innovation + Music Festival), Faros Properties (DBA "Nova Place"), Alloy 26, Rivers of Steel National Heritage Area (DBA "Carrie Furnaces", or any of their affiliates, employees, representatives, officers, directors or successors for any and all claims, causes of action or liability for any injury, loss or damage sustained or incurred arising out of or in any way associated with our attendance at or participation in the Event. I acknowledge that I have read and I understand this Event Release and Waiver of Liability.