Limitation of Liability. Outlaw assumes no responsibility for any property placed on the Venue by Vendor and Outlaw is hereby expressly relieved and discharged from any and all liability for any loss, injury or damage to persons or property that may be sustained by reason of the occupancy of the booth space under this Agreement. Unless otherwise agreed by the parties, security will not be provided for Vendor booths. Outlaw shall not be liable for any damages or expenses incurred by Vendor should the Event be delayed or cancelled.
Indemnification. Vendor hereby agrees to indemnify, defend and hold (i) Outlaw its landlord and their respective parents, members, partners, affiliates, divisions and subsidiaries, and their respective officers, directors, shareholders, employees, agents and representatives, harmless from and against any and all claims, suits, losses, injuries, liability and damages (including reasonable attorneys’ fees and court costs) arising directly or indirectly from arising out of Vendor’s participation in the Event or from the use and occupancy of the booth space by Vendor, its sub-exhibitors, employees, promoters, agents, representatives, guests, invitees, contractors or volunteers.
Insurance. Vendor shall procure and maintain at all times during the Event, all customary and prudent insurance coverage naming Blackbird Productions Partners LLC, 18 Hook Mountain Rd. Suite 202, Pine Brook, NJ 07058 as additional insured on a primary basis for acts arising out of its negligence, including (i) Commercial General Liability insurance with limits of One Million Dollars ($1,000,000) per occurrence, for any bodily injury and/or property damage claims, personal and advertising injury or products and completed operations liability and (ii) Automobile Liability Insurance subject to a limit of not less than One Million Dollars ($1,000,000.00), combined and covering all owned, non-owned and hired vehicles if a commercial vehicle will be driven onto the Venue. Vendor shall also maintain Workers’ Compensation Insurance, including Employer’s Liability coverage, as required by law. Vendor shall furnish to Outlaw certificates of insurance evidencing such policies upon execution of this Agreement.
Applicable Law. Vendor shall comply with all applicable laws, including, but not limited to, required sales permits and licenses and sales tax requirement for the city, county and state.
Booth Space. Vendor booth space will be assigned and priority given upon receipt of payment and agreement. All booth space assignments are at the sole discretion of Outlaw. Vendor agrees that there will be no tear down prior to the load out times provided in this Agreement. Vendor shall return the booth space to Outlaw in the same condition as it was received. Vendor will be responsible for keeping the booth space and surrounding space clean and free of trash.
Taxes. Vendor is responsible for any and all taxes, fees or permits associated with its activities at the Event, including the payment of sales tax if applicable.
Booth Costs. Vendor is responsible for costs of all labor, materials, equipment, supplies and any other items needed to participate in the Event. Outlaw will not be held liable for any debt, tax, or assessment accrued by Vendor in the operation of its booth space or other participation.
Termination. If, in the judgment of the Outlaw officials, Vendor does not meet the requirement of this Agreement or is otherwise objectionable, or if the vendor is in default of any other term of this agreement, Outlaw may terminate this Agreement in part or in its entirety without any liability.
Miscellaneous. This Agreement does not appoint either party as an employee or the agent of the other party or create a partnership of joint venture between the parties. This Agreement contains the entire understanding of the parties relating to the subject matter hereof and supersedes all previous agreements or arrangements between the parties relating to the subject matter hereof. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written instrument signed by the party subject to enforcement of such amendment. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties. Vendor may not assign any right, privilege or license conferred by this agreement without first obtaining the written consent of Outlaw.
Cancellation & Refunds
- All vendor cancellation requests must be submitted via email to vendor@blackbirdpresents.com. A full refund of deposits and payments made will be given if the cancellation request is received 30 calendar days before the concert event. A 50% refund of deposits and payments made will be provided if the request is received 15 calendar days before the concert event. No refunds will be issued if the request is received less than 15 days before the concert event, or if you depart early from the event, do not arrive at the event, arrive late to the event, or are dismissed for non-compliance with the event’s regulations. No refunds, discounts, reschedules, or transfers will be offered for any issues pertaining to show attendance, pedestrian traffic, vendor tent placement, or low sales.
- Weather Related Cancelations & Refunds: This refund policy applies to cancellations or prolonged delays directly resulting from weather conditions. If the concert is canceled due to severe weather or if show management deems the situation unsafe and likely to continue throughout the event, a 100% refund will be issued.
- Refunds & Transfers: Refunds will be processed in the same method as the original payment within 15 days of the event cancellation. Vendors have the option to transfer their canceled event to another event, subject to availability.
Prohibitions. Vendors are prohibited from distributing/selling the following at any time, including but not limited to, food, edibles, beverage, paraphernalia, drugs or related materials (legal or illegal), fireworks, paper lanterns, explosives, firearms/weapons, explicit materials. Blackbird Presents/Outlaw Music Festival reserves the right to prohibit any and all merchandise deemed as non-compliant with vending rules. Vendors are prohibited from distributing and/or selling any unauthorized merchandise bearing the name or likeness of the festival or of any artist performing at the festival or bearing the name or likeness of Outlaw, or the event venue. Security will be patrolling the site looking for bootleg merchandise and will confiscate any unauthorized merchandise.
Code of Conduct. Vendors displaying aggressive, disrespectful, or unprofessional behavior, failing to maintain booth operations or merchandise quality, and not adhering to Outlaw Music Festival or Venue regulations will be requested to exit the event premises.
Public Health and Safety Protocols. Vendor shall comply, with all guidelines, rules, regulations, and health and safety protocols imposed by Outlaw and/or the venue related to the use and occupancy of the vendor booth space at the Event, and/or any standards related to COVID-19 or other public health emergency (collectively, ‘Operational Protocols’). Notwithstanding implementation of the Operational Protocols, Vendor and its personnel specifically acknowledge that an inherent risk of exposure to COVID-19 exists in any public place where people are present. VENDOR AND ITS PERSONNEL VOLUNTARILY ASSUME ANY AND ALL RISKS RELATED TO EXPOSURE TO COVID-19 FROM THE ENGAGEMENT.