Juneteenth Celebration at Redemption Square

Vendor Terms and Conditions 1. Refunds & Cancellations The vendor acknowledges and agrees that neither KDA Markets nor the Venue will offer any refunds under any circumstances. If the event is canceled, the vendor will be issued a credit which may be applied to any future event, provided there is space available within their category. Some events may require venue approval.   2. Texas Sales and Use Tax It is the Vendor’s responsibility to collect all Texas Sales Tax during the event. Generation Park will not collect sales tax for any vendor.   3. Property Damage Vendor agrees not to damage Deussen Park or Harris County property in any way (e.g., nails, staples, paint, etc.) and agrees to pay for any damages therein. 4. Risk and Liability Vendor assumes all risk and liability associated with an outdoor event, including theft and inclement weather of any type. In the event of extreme weather, Generation Park has the authority to cancel the event. No cash refunds will be issued. The Host shall not be liable for any loss of profits or other consequential, indirect, incidental, special, or punitive damages arising out of or in any way connected with this Agreement or the Event.   5. Insurance / Indemnity The Vendor is not covered under the Generation Park, Deussen Park, Harris County, Mayor’s Office, or KDA Markets insurance policies, and hereby waives and releases all rights of recovery for any losses and damages against all elected officials, committee or board members, employees, or anyone associated with this event (hereinafter the "Entities"). 6. Waiver and Release of Liability In consideration of my entry into and participation in the activities associated with the Generation Park Fourth Annual Juneteenth Celebration, and acknowledging the inherent risks involved in participating in festival/market activities, I hereby, on behalf of myself, my heirs, executors, administrators, employees, assigns, and personal representatives, knowingly and voluntarily enter into this waiver and release of liability.   I waive any and all rights, claims, or actions of any kind arising from my participation and forever release and discharge the Generation Park Celebration, its members, agents, employees, volunteers, advisory committee members, representatives, predecessors, successors, and assigns, the event site and its agents, attorneys, employees, volunteers, representatives, successors, and assigns, and all sponsors of the festival, from all claims, demands, damages, actions, and causes of action of every kind, whether now existing or arising in the future, as a result of my participation. This release applies regardless of whether any injury is caused by the sole, joint, comparative, or concurrent negligence or gross negligence, or tort of the festival/market, the negligence or fault of third parties, the conditions of the event site, or any other cause.   7. Indemnification Agreement Further, in consideration of being allowed to participate, I agree to indemnify and hold harmless the festival/market against any and all claims, demands, damages, or actions of any kind for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney fees, if litigation arises from claims made by me or anyone on my behalf due to legal, gross negligence, negligence per se, strict liability, and/or liability under the Deceptive Trade Practices Act or other fault, regardless of cause. This applies whether caused by the sole, joint, comparative, or concurrent negligence, gross negligence, or tort of the festival/market, my fault, or the fault of third parties, the conditions of the event site, or any other cause. "Indemnify" means that I assume the obligation, thereby leaving the other party free from responsibility.   8. Photography, Videography, and Media Release I understand that photographs, videos, recordings, and other media will be taken during the festival activities. I agree to allow the festival/market commission to use any photographs, videos, recordings, and media of the festival/market activities that contain my likeness for the purpose of promoting the festival/market or its sponsors in any manner deemed appropriate by the festival/market.   I will not bring any claims against the festival/market for negligence, gross negligence, negligence per se, strict liability, or liability under the Deceptive Trade Practices Act or other fault for claims related to any usage of photography and/or interviews, including but not limited to damages, losses, cost of defense, and attorneys' fees, caused by the sole, joint, comparative, or concurrent negligence or tort of the festival/market or third parties, or any other cause.