DISCLAIMER, TERMS & CONDITIONS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT All

 

Vendors acknowledge that by purchasing or by being provided space for the Pitman Craft Shows, they have fully read this agreement, executed this agreement voluntarily, and that this agreement is to be binding upon all Vendors, all members of Vendor’s party attending the Pitman Craft Shows, and all Vendor’s heirs, executors, administrators and representatives.

 

Pitman Craft Shows Organizer: Greater Pitman Chamber of Commerce Pitman Craft Shows Ticket Holder expressly agrees to the following terms and conditions:

 

● Vendors may be rejected or ejected for any reason.

●There are NO refunds on vendor space for any reason 21 through 0 days prior to the show date. Any refunds prior must adhere to restocking fees outlined in the FAQ.

● Craft Show Organizers have no responsibility (financial or otherwise) for event cancellation, interruption or inconvenience due to inclement weather or other circumstances beyond their control. Vendor is not eligible for any refund due to postponements or cancellation on account of such circumstances.

● Vendor expressly grants Pitman Craft Show organizers the non-exclusive, irrevocable, transferrable, perpetual right and license to publish, print, display, record and use (by photograph, film, video, audio or any other method or device) Vendor’s name, voice, image, and likeness while at Pitman Craft Shows, and to use such recordings for any purpose and in any medium now know or hereafter devised. Vendor releases Pitman Craft Show organizers from liability for any such uses, including claims for infringement of any privacy, publicity, or other rights and other claims of any kind.

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DISCLAIMER AND INDEMNIFICATION

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In return for the Greater Pitman Chamber of Commerce, the Pitman Craft Show and the Borough of Pitman allowing Vendor to voluntarily participate in the Pitman Craft Show, each Vendor agrees:

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1. TO ASSUME AND ACCEPT ALL RISK arising out of, associated with or related to Vendor’s participation in the Pitman Craft Shows, even though such risks may have been caused by the negligence of the Greater Pitman Chamber of Commerce, and/or the Borough of Pitman;

2. TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which Vendor might sustain participating in Pitman Craft Shows, even though such injury, wrongful death, loss or damage may have been caused by the negligence of the Greater Pitman Chamber of Commerce, and/or the Borough of Pitman;

3. TO HOLD HARMLESS AND INDEMNIFY the Greater Pitman Chamber of Commerce, the and/or the Borough of Pitman from any and all liability for any damage to the personal property of, or personal injury to, any third party resulting from Vendor’s participation in the Pitman Craft Shows; and

4. TO INDEMNIFY AND HOLD HARMLESS the Pitman Craft Shows, its organizers, directors, officers, employees, volunteers, members, charity and representatives from any and all claims, demands, actions, and costs which might arise out of Vendor’s participation in the Pitman Craft Shows, even though such claims, demands, actions, and costs may have been caused by the negligence of the Greater Pitman Chamber of Commerce, and/or the Borough of Pitman.

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DESCRIPTION OF RISKS

In consideration of Vendor’s voluntary participation in Pitman Craft Shows and all activities related to the event, Vendor acknowledges awareness of the possible RISKS, DANGERS AND HAZARDS associated with Pitman Craft Shows, including but not limited to the following:

 

1. Damages to wares, equipment, personal items or vehicles due to crowded conditions, inclement weather or other circumstances.

2. Theft of wares or other equipment or personal items.

3. The possibility of any type of bodily injury (broken bones, soft tissue damage, dental damages) from falling down, being knocked down or being involved in a physical confrontation whether caused by Vendor, animal, or someone else; The possibility of heat related health emergencies including heat stroke and cardiac emergencies.

 

In the event a court of competent jurisdiction shall hold any provision of this Agreement to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement is the product of negotiations between the Greater Pitman Chamber of Commerce, the Pitman Craft Shows, and/or the Borough of Pitman and the voluntary participants (Vendors). Vendors hereto acknowledge that they have participated in the negotiation of this Agreement. Furthermore, this Agreement shall not be construed against either Party by reason of such Party having been or having been deemed to have constructed, dictated, or drafted this Agreement. The Parties to this Agreement acknowledge that each of the Parties have been given an opportunity to review this Agreement with counsel and that their purchase of Craft Show tickets (Vendor Space) represents their voluntary act and evidences their agreement to the terms described herein, each intending to be bound by same.

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APPLICABLE LAW JURISDICTION

 

This Agreement shall be construed and enforced under the laws of the State of New Jersey. Any legal action arising out of this Agreement shall be brought in the competent courts of Gloucester County, New Jersey.