VENDOR PARTICIPATION AGREEMENT WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT
This Vendor Participation Agreement, Waiver, Release of Liability, and Indemnification Agreement (“Agreement”) is entered into by the undersigned vendor (“Vendor”) as a mandatory condition of participation in Vendorcon (the “Event”), produced and organized by Vendorcon LLC and its owners, officers, directors, employees, contractors, volunteers, representatives, affiliates, successors, and assigns (collectively, “Organizer”).
By signing below, Vendor acknowledges and agrees as follows:
PARTICIPATION AND COMPLIANCE
Vendor agrees to comply fully with all rules, policies, procedures, venue regulations, fire codes, health regulations, local, state, and federal laws, and any instructions issued by Organizer or the venue, whether written or oral. Organizer reserves the right, in its sole discretion, to remove or terminate Vendor’s participation at any time for noncompliance, unsafe conduct, misrepresentation, or behavior deemed detrimental to the Event, without refund.
ASSUMPTION RISK
Vendor understands and acknowledges that participation in a large public convention event involves inherent risks, including but not limited to:
• Theft, loss, or damage to merchandise, equipment, or property
• Personal injury, illness, or death
• Crowd-related incidents
• Electrical hazards
• Structural failures
• Food-related claims
• Weather-related disruption
• Acts of God
• Criminal acts of third parties
• Venue-related issues
• Governmental restrictions
• Cancellation or modification of the Event
Vendor voluntarily and knowingly assumes all risks, known and unknown, foreseeable and unforeseeable, associated with participation in the Event.
RELEASE OF LIABILITY
Vendor hereby irrevocably releases, waives, discharges, and covenants not to sue Organizer, the venue (RP Funding Center), the City of Lakeland, sponsors, partners, and all associated parties from any and all claims, liabilities, demands, damages, causes of action, costs, expenses, or losses of any kind, whether arising in contract, tort, strict liability, negligence (including ordinary negligence), or otherwise, arising out of or related in any way to:
• Vendor’s participation in the Event
• Vendor’s booth operations
• Vendor’s products or services
• Attendee interactions
• Set-up and tear-down
• Property damage
• Personal injury
• Business interruption
• Lost profits
• Cancellation or rescheduling
This release is intended to be as broad and inclusive as permitted by Florida law.
INDEMNIFICATION
Vendor agrees to defend, indemnify, and hold harmless Organizer and all released parties from and against any and all claims, lawsuits, liabilities, damages, losses, penalties, fines, costs, or expenses (including reasonable attorney’s fees and court costs) arising out of or relating to:
• Vendor’s acts or omissions
• Vendor’s employees, agents, or contractors
• Vendor’s products (including food items)
• Alleged intellectual property infringement
• Alleged foodborne illness
• Alleged product defects
• Alleged misrepresentation
• Violations of law
• Injuries occurring within Vendor’s booth space
This indemnification obligation survives the Event and this Agreement.
INSURANCE
Vendor acknowledges that Organizer does not provide insurance coverage for Vendor’s property, merchandise, liability, or personnel. Vendor is solely responsible for obtaining and maintaining adequate commercial general liability insurance, product liability insurance (if applicable), and property coverage.
Failure to obtain insurance does not reduce Vendor’s obligations under this Agreement.
FOOD VENDORS
If Vendor sells or distributes food or beverage products, Vendor represents and warrants that all products comply with all applicable health department regulations, food safety laws, cottage food laws (if applicable), and labeling requirements. Vendor assumes full responsibility for any claims related to foodborne illness, contamination, allergic reactions, or improper labeling.
PROPERTY AND SECURITY
Vendor acknowledges that Organizer does not guarantee security. Vendor is solely responsible for safeguarding merchandise, cash, equipment, and valuables at all times. Organizer is not responsible for theft, loss, or damage.
FORCE MAJEURE
Organizer shall not be liable for cancellation, postponement, modification, relocation, or interruption of the Event due to weather, natural disasters, acts of God, governmental action, pandemic, venue restrictions, labor disputes, or any circumstance beyond Organizer’s reasonable control. No refunds shall be required in such circumstances.
NO GUARANTESS
Organizer makes no representations or guarantees regarding attendance, sales volume, vendor performance, profitability, or marketing exposure.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions. If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.
GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Any legal action arising from this Agreement shall be brought exclusively in Polk County, Florida.
ACKNOWLEDGMENT
Vendor acknowledges that they have read this Agreement in full, understand its contents, understand that they are giving up substantial legal rights, and sign it voluntarily.