RELEASE, HOLD HARMLESS, AND AFFIRMATIVE DUTIES AGREEMENT
BETWEEN BEEP BEEP PRODUCTIONS LLC AND
2023 MOSCOW MOUNTAIN MUSIC FEST VENDOR
THIS RELEASE, HOLD HARMLESS, AND AFFIRMATIVE DUTIES AGREEMENT BETWEEN BEEP BEEP PRODUCTIONS LLC, IDAHO AND 2022 MOSCOW MOUNTAIN MUSIC FEST VENDOR (hereinafter “Agreement”) is made and entered into between Beep Beep Productions LLC, a single-member LLC of the State of Idaho, 1912 White Ave. #202, Moscow, Idaho, 83843 (hereinafter “ORGANIZER”), and individual signing Agreement (hereinafter "VENDOR").
WHEREAS, VENDOR desires to participate in the Beep Beep Production LLC’s 2023 Moscow Mountain Music Fest by providing food and/or retail services in a designated location, and ORGANIZER desires assurances and commitments from VENDOR in order to allow such participation;
NOW, THEREFORE, be it agreed, for and in consideration of the foregoing mutual covenants and promises between the Parties hereto, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
VENDOR acknowledges that this Agreement is entered into with the knowledge that the 2023 Moscow Mountain Music Fest may invite more than normal visitors to the VENDOR’s booth location and that this Agreement is intended to serve as a general release, for VENDOR, his/her heirs, executors, administrators and assigns and hereby waives, forever discharges and releases ORGANIZER, its officers, employees, agents and representatives from any and all claims, which can or may ever be asserted as a result of any injuries or damages, physical or mental, that may arise out of being a VENDOR in the 2023 Moscow Mountain Music Fest. VENDOR shall assume full responsibility for VENDOR’s personal conduct, well-being, and safety during all aspects of this event. VENDOR agrees that VENDOR understood and appreciated such risk(s) prior to VENDOR’s participation as a location VENDOR for the 2023 Moscow Mountain Music Fest.
VENDOR hereby, releases ORGANIZER and agrees, contracts, and covenants not to bring suit and agrees to defend, hold harmless, and indemnify ORGANIZER, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards, or liability to any person, including claims by VENDOR’s own agents, officers, employees, and representatives to which VENDOR might otherwise be immune, arising from the VENDOR’s involvement as a participating VENDOR for the 2023 Moscow Mountain Music Fest.
VENDOR, himself/herself/themselves, or through VENDOR’s, duly and specifically authorized agent(s), expressly agrees that this indemnity provision extends to any and all claims, losses, actions or judgments for damages or injury to persons or property, arising out of, or in connection with, the acts and/or any performances or activities of VENDOR, VENDOR’s officers, employees, agents and representatives under this Agreement.
VENDOR hereby grants ORGANIZER permission to use VENDOR’s likeness (including, but not limited to, photographs, video imagery, recordings, and the like) of VENDOR’s products, display, and/or premises (hereinafter “Images”), with or without VENDOR’s name and for any lawful purpose including, for example, publicity, illustration, advertising, social media, and Web content, without payment or any other consideration. Further, VENDOR hereby releases and holds harmless ORGANIZER from any reasonable expectation of privacy or confidentiality associated with the above-referenced Images.
Such Images, whether now known or hereafter existing, will be controlled by ORGANIZER, in perpetuity, and for other use by ORGANIZER. VENDOR will make no monetary or other claim against ORGANIZER for the use of such Images. VENDOR understands and agrees that these Images will become the property of ORGANIZER and will not be returned.
VENDOR further acknowledges that neither VENDOR nor any other party who may share ownership of the property described above (whether in the past or future), will receive financial compensation of any type associated with the taking or publication of these Images or participation in ORGANIZER publications or marketing materials. VENDOR acknowledges and agrees that publication of said Images confers no rights of ownership or royalties whatsoever and that participation is voluntary.
VENDOR further agrees to abide by and enforce the CDC recommendations, federal government regulations, city regulations, city emergency orders, and local public health district guidelines for social distancing, wearing masks, and sanitation. These guidelines currently state that all persons in a public setting should wear a face covering when unable to maintain six-foot distance from others not of their own household. VENDOR will ensure that all touch surfaces are sanitized frequently throughout the event.
VENDOR agrees to abide by all relevant food safety, tax compliance, and all other laws and regulations that apply to any and all activity or behavior VENDOR engages in during the August 12, 2023 Moscow Mountain Music Fest. VENDOR recognizes that knowledge of such regulations and compliance with such regulations are the sole responsibility of VENDOR and indemnifies and releases ORGANIZER of any responsibility in relation to the compliance with such regulations.
VENDOR agrees to provide a business or personal liability insurance policy with a minimum limit of $1,000,000 General Liability and $1,000,000 Property Damage with the Moscow Mountain Music Fest, Beep Beep Productions LLC, and Latah County Fairgrounds and Event Center listed as “Additional Insured.” In the event the ORGANIZER determines items displayed and/or sold by the VENDOR represent an additional risk to the event and/or purchasers, an increase in the amount of coverage may be requested at the ORGANIZER’s discretion. Any exceptions must be approved by the ORGANIZER and duly noted on this application. Proof of said liability insurance is required to the ORGANIZER via email or postal mail no later than August 1, 2023.
VENDOR agrees that he/she/they (1) has read the foregoing Agreement, understands it and agrees with its contents and conditions; (2) either has had an opportunity to speak with legal counsel or opted not to seek legal counsel prior to signing this Agreement; and (3) understands that the terms of this Agreement are contractually and legally binding and that no verbal statement to the contrary, by any person, can void or alter the terms of this Agreement.
By adding my digital signature, I, VENDOR, certify under penalty of perjury pursuant to the law of the State of Idaho, that the foregoing is true and correct.