MATERIALS SUBJECT TO LICENSE OR RESTRICTION: Vendor shall bear sole responsibility and liability for any and all licenses and/or fees which arise under United States Copyright Law. Within the vendor’s leased space and within such space as the vendor may use for the presentation of any lecture, demonstration and/or performance this responsibility and liability shall apply to all performances, both live and recorded, of music or other material subject to restriction and/or license. The vendor agrees to protect and save harmless The Fresh Brews of Mount Joy against any and all claims for loss, injury, lack of license or payment, or damage to persons or property, brought on behalf of any person, firm, or licensing agency, and arising out of acts, omissions or negligence of vendor, its agents, or employees.
CARE OF SPACE: Vendor shall care for and keep in good order all space occupied by them and surrender such space at the close of the festival in the same condition as it was when taken over. If the participants, vendor, his employees, patrons or guests shall damage the space occupied, vendor shall pay such claims as are necessary to restore the space to its original condition. Vendor is liable for any and all damage caused to walls, floors, columns or other surfaces and objects or to the property of the other vendors.
DESTRUCTION OR INTERRUPTION: If The Fresh Brews of Mount Joy determines that the premises where the festival is to be held have become unfit for occupancy, or if the premises are materially interfered with by reason of strike, embargo, injunction, act of war, act of God, any other emergency, or any act or event, this agreement may be terminated or suspended by The Fresh Brews of Mount Joy. In the event of such termination or suspension, the vendor waives any and all damages and agrees that The Fresh Brews of Mount Joy may, after deducting all costs and expenses, including a reserve for claims, refund to the vendor as and for complete settlement and discharge of said vendor’s claim and demands his prorate amount of all monies paid by all vendors. In no circumstance shall The Fresh Brews of Mount Joy total liability exceed the total amount of dues, fees, and rental paid by vendor to The Fresh Brews of Mount Joy under this contract. In the event that for any reason the event is not held as proposed, the vendor shall receive a refund of any amounts paid for exhibit space, less reasonable deductions for overhead expense incurred, releasing all claims or damages against The Fresh Brews of Mount Joy.
INSURANCE AND LIABILITY: Neither The Fresh Brews of Mount Joy nor the venue shall be responsible for loss or damage occurring to the exhibits or merchandise from any cause. Small and valuable exhibit material should be packed away at all times when vendor staff is not available for supervision. If insurance is desired, it must be obtained by the vendor at his expense and initiative. The vendor agrees to protect and save harmless The Fresh Brews of Mount Joy against all claims for loss, injury or damage to persons or property arising out of the activities of the vendor, his agents, employees or guests occurring within the leased space of the vendor; to defend The Fresh Brews of Mount Joy against any and all such claims; and to reimburse and indemnify The Fresh Brews of Mount Joy for any loss, damage, expense or payment suffered thereby. Vendors must furnish their own public liability insurance.
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