1. You must be open for business no later than 30 minutes before the event of the day of your scheduled shift and remain open for business until the end of your shift unless agreed upon by VPO management. Vendor subject to termination of contract for violation of this rule. Employees working your space must be dressed in appropriate attire.

2. You must keep your assigned vendor area free of garbage and dispose of your own refuse.

3. Any non-menu/company signage, giveaways, or coupons must be pre-approved by VPO management.

4. You must be flexible in your ability to handle larger crowds.

Insurance
Each individual granted Space at the Facility is required to maintain a comprehensive liability insurance policy for personal injury or death and for property damage during their time at the Event. Insurance is required with minimum policy limits of one million dollars ($1,000,000.00) for bodily injury or death to one or more persons in any one accident or event, and fifty thousand dollars ($50,000.00) for damage to property resulting from any one accident or event. The policy must name Northeast Ohio Vet Fest Inc., PMJ Park Holdings, LLC, Victory Park Ohio and the City of North Ridgeville as additional insured as it pertains to Vendor’s participation in the Event. If you don’t have insurance for your business, you’ll need to sign a waiver instead.

Vendor Space
VF & PMJ will provide the undersigned vendor with vendor space (the “Space”) at the event named (the “Event”) and in accordance with the terms of the Registration. Vendor space at the Facility is limited and is assigned on a first-come, first-served basis and at the sole discretion of VF & PMJ. VF & PMJ cannot guarantee the availability of vendor space. In the event that VF & PMJ cannot provide the vendor space requested in the vendor’s Application for Vendor Space, VF & PMJ will contact the vendor to discuss alternate arrangements and/or arrange a refund of the vendor’s deposit. The Space includes only those provisions and accompaniments provided for in the Registration.

Rules and Regulations
As partial consideration for its use of the Space, the undersigned Vendor agrees to abide by all rules and regulations adopted by VF & PMJ and agrees that VF & PMJ shall have the final decision in adopting any rule or regulation deemed necessary prior to, during and after the Event.

Hazardous Materials and Situations
Vendor agrees not to bring onto the premises of the Facility any material, substances, equipment, or object which is likely to endanger the life of, or to cause bodily injury to or death of, any person on such premises, or which is likely to constitute a hazard to property thereon, without prior written approval of VF & PMJ. VF & PMJ shall have the right, in its sole discretion, to refuse to allow any such material, substances, equipment, or object to be brought onto its premises and the further right to require immediate removal therefrom if found thereon.

Safety
During the hours of operation, Vendor shall provide a fully charged and UL approved Fire Extinguisher in any Space rented by Vendor.

All electrical appliances and devices shall be installed & maintained in accordance with good fire safety practices.

Extension cord shall be of the three prong type approved for outdoor use only and shall not be subject to physical damage by pedestrian or vehicular damage.

Vendor must take safety precautions to keep the public from accessing hot cooking surfaces, open flame/heating elements, steam tables or other cooking areas.

Vendor may NOT wash down greasy equipment such as deep fat fryers on site causing waste run off into the storm drains and grassy areas. The dirty cooking equipment shall not be washed over the storm drains, with hoses in the grass or in the middle of walkways.

LP tanks must be kept 10 feet away from cooking appliances or ignition sources with relief valves directed away from the heat source. All LP connections must be “leak tested” before lighting appliances. The use of long matches or electric matches is recommended to light appliances. Cooking appliances must have the 10 ft propane lines on them. No other type may be used.

All compressed gas containers must be secured against falling. (Tie down, tie together, inside a container, rack or secured to a post). The tanks must be on a firm, stable, flat surface. LP appliances may not be unattended while in use.

Vendor is responsible to clean up all spillage, and trash within the Space.

Advertisement and Attendance
VF & PMJ does not imply or guarantee Event attendance figures or advertising commitments. VF & PMJ will make its best efforts to implement an effective ad campaign to facilitate maximum attendance.

Display Regulations
Vendor agrees to occupy its assigned Space during the full term of the Event and to exhibit only the products and services described in its Registration and any attachments thereto, unless otherwise authorized by VF & PMJ. VF & PMJ reserves the rights, in its sole discretion, to (1) determine the eligibility of vendors and exhibits for the Event, (2) reject or prohibit exhibits or vendors that VF & PMJ considers objectionable, and/or (3) relocate vendors or exhibits in VF & PMJ ’s sole discretion. Vendor shall be responsible for policing and maintaining a neat and orderly appearance in and adjacent to the Space. To this end, Vendor will provide trash bins as receptacles for its own use and for the use of its patrons, within the Space.

License, Permits, Taxes, Fees
Vendor shall obtain, at its own cost, any licenses or permits as may be required by law, and shall pay all taxes, fees and charges prescribed by Federal, State, and local laws, ordinances, and regulations in connection with Vendor's use of the Facility. Vendor will indemnify VF & PMJ and Victory Park Ohio from all liability relating licenses, permits, taxes, and fees under this section.

Deposit, Payment Terms, & Cancellation Policy
The vendor space rental fee (the “Fee”) shall be as reflected in the attached Registration. Payment in full of the Fee is due upon submission of the Application for Vendor Space. A vendor wishing to cancel this Vendor Agreement must submit written notice of cancellation more than thirty (30) days in advance of the first day of the Event, or other time frame specified in the Registration, whichever is closer to the Event date. If the vendor fails to do so, the Fee shall be non-refundable.

Building & Parking
Vendor is liable for any damage that it or its agents, contractors, or employees cause to the Facility or to any property of VF & PMJ, its agents, officers, or employees, any other vendor(s), and any visitors, spectators, and participants.

VF & PMJ is not responsible for providing or ensuring Vendor parking during setup, Event times or teardown. However, VF & PMJ will provide Vendor a designated parking area in the parking lot of the Facility.

Installation & Removal of Exhibits
Vendor agrees that no display will be dismantled or removed during Event hours each day without the permission of VF & PMJ, but will remain intact until the end of the final closing hour of the last Event day. Vendor also agrees to remove its display and equipment from the Facility by the final move-out time limit.

Inspection and Entry
VF & PMJ reserves the right to inspect the Space and Vendor's operation during the term of this agreement and for that purpose its duly authorized representatives may enter upon said Space and Vendor's operation at any time and on any occasion without restriction.

Eviction
VF & PMJ reserves the right to evict any objectionable person or persons from any portion of the Facility, and upon the exercise of this option or authority by VF & PMJ, its agents or security officers, Vendor hereby waives any right or claim for damages against VF & PMJ, the Facility, or any of their respective agents, affiliates or employees.

Cancellation or Curtailment of the Event
In the event that the Facility is destroyed or becomes unavailable for occupancy for reasons beyond the control of VF & PMJ or if for any reason VF & PMJ is unable to permit the vendor to occupy the facility or the space, or if the Event is cancelled or curtailed, VF & PMJ may at its sole discretion terminate and void this Agreement and VF & PMJ and Victory Park Ohio will not be liable for any loss of business, loss of profits, damage or expense of whatever nature that Vendor may suffer.

Assignment and Subletting
Vendor shall not assign any rights to the Space or sublet the same without the prior permission of VF & PMJ, which permission may be arbitrarily withheld at the sole discretion of VF & PMJ.

Termination
Without prejudice to any rights and remedies that may be available to VF & PMJ, in the event of any breach or failure to perform by Vendor one or more of the terms and conditions of this Agreement, VF & PMJ may terminate this agreement by so notifying the Vendor and may refuse to allow the Vendor to occupy or continue to occupy the Space, and may stop all activities of Vendor on the premises and oust Vendor from the Facility. VF & PMJ, its agents, or employees shall in no way be liable to Vendor for carrying out the actions authorized by this paragraph.

Independent Contractor
In the performance of Vendor’s obligations under this Agreement, Vendor shall at all times act as and be deemed an independent contractor. Nothing in this Agreement shall be construed to render Vendor or any of its employees, agents, or officers, an employee, joint venturer, agent, or partner of VF & PMJ or Victory Park Ohio. Vendor is not authorized to assume or create any obligations or responsibilities, express or implied, on behalf of or in the name of VF & PMJ or Victory Park Ohio, except as specifically provided for herein. The employees, methods, facilities, and equipment of Vendor shall at all times be under Vendor’s exclusive direction and control.

Assumption of Risk, Waiver and Indemnity
Vendor accepts all risks associated with the Event, use of the Space, and use of the Facility. Vendor shall not make any claim or demand or take any legal action whatsoever against VF & PMJ, Victory Park Ohio, their respective agents, employees, officers, or directors, or Event sponsors for any loss, damage or injury, however caused, to the Vendor, its officers, employees, agents or their property.

Indemnification
To the fullest extent permitted by law, Vendor shall indemnify, defend and hold harmless VF & PMJ, Victory Park Ohio, and their respective employees, agents, officers, directors, affiliated entities, and representatives (individually and/or collectively, "Representatives") from and against any and all third-party claims, suits, actions, investigations, proceedings, liability, loss, damage, or demands, whether brought in contract, tort, strict liability, or any other legal theory, and all related costs, penalties, interest, or expenses (including reasonable attorneys' fees) at all levels of litigation or other proceedings which may be sustained or incurred by Representatives at any time relating to or arising from this Agreement, Vendor’s occupancy, use, or presence in the Space and the Facility, or Vendor’s participation in the Event, including without limitation (i) Vendor's act or omission, whether negligent, willful or otherwise culpable, in the performance or failure to perform its obligations under this Agreement; (ii) any personal injury, illness or death attributable in whole or in part to Vendor, its directors, officers, employees, or agents while they are on Representatives’ premises, including without limitation the Facility, or attributable in whole or in part to any defect, dangerous feature or design of Vendor’s Product or Service provided under this Agreement; (iii) a Product's failure to perform expected; (iv) any claim for infringement of any copyright, trade secret, trademark, trade name, service mark, patent, or other law or regulation concerning intellectual property rights; (v) a breach by Vendor of the terms of this Agreement; or (vi) Vendor's violation of federal, state or local laws, rules or regulations.


If the settlement of a claim or action requires an affirmative obligation of, results in any ongoing liability to, or would prejudice or detrimentally impact VF & PMJ in any way, then such settlement shall require VF & PMJ 's prior written consent. VF & PMJ may elect to have its own counsel in attendance at all proceedings and substantive negotiations relating to such claim or action, at its expense.

These Indemnification provisions shall survive termination of this Agreement.

Vendor’s Property
VF & PMJ will not be responsible or liable for the safety of Vender or its merchandise, property, employees, or customers from theft, damage from fire, civil tumult, accident, Act of God or any other damage or injury of any type whatsoever. All of the vendor’s property at the Event shall be present at the sole risk of the vendor and VF & PMJ assumes no responsibility for any loss or damage thereto.

Limitation of Damages
In no event and under no circumstances or theory of liability shall the vendor be entitled to recover any damages or other compensation from VF & PMJ, or its agents, affiliates, officers, or employees that exceeds the deposit and vendor space rental fee(s) paid by Vendor.

Waiver
The waiver by VF & PMJ of any breach of any term contained in this Agreement shall not be deemed to be a waiver of such term for any subsequent breach of the same or any other term.

Choice of Law & Entirety of Agreement
This document, the Registration, any and all attachments thereto, and any disputes arising thereunder shall be subject to and controlled by the laws of the State of Ohio. The documents described in the immediately preceding sentence constitute the sole and entire agreement between Vendor and VF & PMJ, and no representations or inducements not included therein shall be binding upon the parties hereto.

Vendor Liability Waiver (no insurance required)

I understand and agree as follows:

1. That I am an adult (over the age of 18) and that I am responsible for anyone accompanying me,
regardless of age.

2. That I may not Provide Service unless this waiver is read and signed.

3. That I may be photographed during the event by VPO and/or event staff and local media agencies
covering VPO events, for which I hereby agree to have published, without any rights thereto, including any right of compensation, without further release from me. This will constitute a “model release” with regard to any media bearing my likeness used for purposes of public relations or marketing of this event or any other purpose sought by VPO, or its representatives, affiliates and partners.

4. That I, the Vendor will provide all equipment and protective gear for myself, and those accompanying me, for our own utilization in connection with the service provided. I will not attempt to use any equipment with which I am unfamiliar, do not know how to operate safely, and/or have not provided for my own Product Service, or been provided to me by VPO or event management. I will notify a VPO or event representative if I am not familiar with the safe operation and use of equipment and tools
permitted for use by me in connection with any Vendor Service.

5. That I understand there are inherent risks and hazards in connection with participation in ANY VPO Event. I am fully aware of the risks and hazards associated with my participation in this activity, including the risk of physical injury or disability as the result of such injury, or death and I, and any and all persons accompanying me, are voluntarily participating in this VPO event. I acknowledge and accept the responsibility of any injury or death sustained by persons AS A RESULT OF MY PRODUCT, SERVICE OR
ACTIONS. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS; PROPERTY DAMAGE;
PERSONAL INJURY or DEATH that may be sustained by myself, or by others, or any loss or damage to property as a result of being engaged in such an activity.

6. I hereby RELEASE, WAIVE, DISCHARGE, and HOLD HARMLESS VPO, the Event and each of their
representatives, officers, servants, agents, employees, contractors and partners (“RELEASEES”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, injury or death, that may be sustained by me, or to any property belonging to me while participating in any VPO event.

7. That I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss,
liability, damage or costs that I may incur, regardless of reason or cause, due to participation at All VPO Events.

8. That I expressly intend that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (if any), as long as I am living, and my heirs, assignees and personal representative, in the event of my death, and shall be deemed as a RELEASE, WAIVER, AND DISCHARGE of the above named RELEASEES. It is hereby further agreed that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Ohio.

9. That I understand that the RELEASEES will not be responsible for any medical costs associated with any injury or claim.

10. That I specifically acknowledge that I, the Vendor, am engaging in this service as a vendor, at my own request and risk, and not as an employee of VPO or the Event, and further acknowledge that I am not entitled to any compensation, benefit or insurance coverage from VPO or the Event , nor will such a claim be made by me or on my behalf, or on behalf of my entity providing services to the Event.

11. That I have read this Waiver of Liability, and understand its terms, and I voluntarily execute it with full knowledge of its significance.