In consideration of my participation in the West Point – Town of Highlands Farmer’s Market (“Market”) and the opportunity to sell certain merchandise at the Market, I hereby release the Market, their agents, officers, representatives, successors, and assigns, from any present and future claims, including negligence, for property damage, personal injury, or death arising from my participation in the Market. I hereby knowingly and voluntarily waive any right of cause of action, of any kind whatsoever, arising as a result of any such activity from which any liability may accrue.
It is understood and agreed by the acceptance of this contract and by being permitted by the Market to offer items for sale at the Market, the Vendor hereby assumes the entire responsibility and liability for any and all damage and injury to persons or property resulting from or arising out of any act or omission on the part of Vendor in connection with Vendor being at the Market and operating under this contract. Vendor shall hold harmless and indemnify the Market against any and all suits, claims, demands, losses, expenses, attorney’s fees and court costs, which either or both of them may suffer, pay or incur as a result of Vendor’s presence and operation at the Market. Vendor shall be responsible under this paragraph for any such loss, damage or injury sustained by Vendor, any agent or representative of Vendor, or by any third party or member of the public, whether same is caused by the negligence of the Market, its officers, agents, employees, or otherwise.
This Agreement (contract) is entered into in Orange County, New York and shall be construed with the Laws of the State of New York and venue for any action arising from this Agreement shall be the Town of Highlands Justice Court and/or Orange County, New York. This Agreement may not be modified or amended except by a writing signed by both parties. By Vendor signing the 2021 Farmer’s Market Contract, they agree to abide by the West Point-Town of Highlands Farmer’s Market Rules and Regulations, “Exhibit A,” hereto attached and made part-hereof.