Durham Night Market

When you enter The Night Market Company event, you enter an area where photography, audio, and video recording may occur. By entering the event premises, you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by The Night Market Company TM and its affiliates and representatives. By entering the event premises, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged.Vendor represents that it has, or will have at the time of the Event, appropriate insurance to cover liability for the types of activities Vendor will conduct at the Event. The Night Market Company TM shall not be responsible for any liability or damage by or from the vendor. The Night Market Company TM shall not be responsible for any loss or damage incurred by Vendor, including, without limitation, damage to Vendor’s property, loss of sales, or injury to or death of Vendor (or its agents, employees, and/or personnel). The Night Market Company TM maximum liability arising out of or relating to this Agreement shall not exceed, in the aggregate, the amounts paid to it by Vendor, and in no event shall The Night Market Company TM be liable for any consequential, incidental, indirect, punitive or special damages regardless of the cause of such damages. Vendor expressly assumes all risks of loss, damage, liability, injury, or destruction resulting from any cause whatsoever, including but not limited to acts or omissions by Vendor, and hereby releases and waives any claims against Unique Inc. related to such loss, damage, liability, injury, and/or destruction. Vendor covenants that it shall be fully responsible for any damages resulting from its participation in any Event, and agrees to indemnify, defend, and hold The Night Market Company TM (and its officers, employees, agents, vendors, affiliates, and representatives) harmless against any claims arising out of or related to Vendor’s participation in any Event, including for claims arising out of Vendor’s negligent actions or omissions.- The Night Market Company TM is unique and original. Please understand other markets similar to this only cheapen the desirability of vendor markets in the area. Smaller competing markets make it harder on you to have success in these locations. We have an exclusivity radius of 10 miles of our locations. If you are a market organizer and an artisan vendor you will no longer be welcome at anyone The Night Market CompanyTM market locations. Also, if you chose to vend at these competing markets that are within the 5 mile radius and of likeness to The Night Market Company TM you will no longer be welcome to vend. This only applies to markets that fall in between the hours of 4p-midnight.Vendor may not assign this Agreement to any third party, or delegate any of its obligations without the written consent of The Night Market Company TM. Only the accepted Vendors will be allowed to sell or distribute their goods or services, and/or conduct activities at the Event.The relationship of Vendor to The Night Market Company TM is that of an independent contractor, and nothing contained in this Agreement will be construed as creating a partnership, joint venture, employment relationship, agency, or other relationship between the parties, or to make The Night Market Company TM liable for the debts or obligations of Vendor.Vendor and its agents, employees, personnel, and/or independent contractors who participate in the Event agree to be bound by this Agreement and shall comply with its terms and all Event rules, regulations, and directives as may be expressed to Vendor by The Night Market Company TM in any way at any time. The terms of this Agreement, including any limitations and waivers, inures to the benefit of The Night Market Company TM and its affiliates and Event co-producers and sponsors.