Sunset Hills Makers Market 2019 Agreement Sunset Hills Makers Market 2019 Participation Agreement Below is our Participation Agreement, please read carefully before agreeing to our terms and conditions regarding your participation in the Sunset Hills Makers Market 2019. THIS AGREEMENT, dated April 27, 2019 is between the City of Sunset Hills (“Sunset Hills”) and the signatory at the end of this agreement (“Participant”). Participant will be participating in the Sunset Hills Makers Market 2019. This Agreement must be signed by Participant and submitted upon securing vendor space.  The Participant will act with the highest regard for the safety of the attendees and other participants of the Event, and will adhere to all laws, policies, rules, and regulations applicable to the goods and/or activities of Participant, including obtaining all licenses, permits, and approvals that may be required to enable Participant to conduct its activities at the Event and fulfill its obligations under this Agreement.  Liability: Sunset Hills will not be responsible for any loss or damage to Participant’s property, injury to, or death of the Participant (or its agents, employees, and/or personnel), or Participant sales. Participant 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 Participant, and hereby releases and waives any claims against the City of Sunset Hills related to such loss, damage, liability, injury, and/or destruction.  Insurance: Participant covenants to be fully responsible for any of its liabilities, actions, or omissions, and will indemnify, defend, and hold the City of Sunset Hills (and its officers, employees, agents, vendors, affiliates, and representatives) harmless against any claims related to Participant’s liabilities, actions, or omissions.  Payment: The application fee will be taken upon submission. Sunset Hills will not accept unpaid applications. If applicant is invited to participate in the Event, a participation/booth fee will be collected prior to the day of the Event.  Cancellations: The Event will proceed regardless of the weather. If there is a cancellation: (a) By Sunset Hills: If a cancellation of the Event by Sunset Hills is necessary due to unforeseen circumstances, acts of a third party, or other circumstances which (in Sunset Hills’ sole judgment) may compromise the safety of Event participants, then the Event will not be rescheduled and there will be no refunds to Participant. (b) By Participant: If Participant cancels its participation there will be no refund. If Participant cancels, it forfeits its spot in the Event. Participant may not assign this Agreement to any third party, or delegate any of its obligations without the written consent of Sunset Hills. Only the accepted Participants are able to sell or distribute their items and/or conduct activities at the Event. The vendor list, map, and Booth assignments are subject to change without notice. The City of Sunset Hills does not guarantee any level of attendance at the Event and there will be no refunds, under any circumstances, after the Event is over.  Change in terms: The terms of this Agreement may be changed by Sunset Hills and notice of such change(s) will be sent to you in writing. You agree to accept notices via email or text message, sent to the email address and phone number indicated in your application. Sunset Hills reserves the right to decline, prohibit, or expel any Participant exhibit, or prevent any activity, displays, product, or conduct, which (in Sunset Hills’ sole judgment) is inconsistent with the character of the Event or endangers the venue, any attendee, or other participants.  Participant and its agents, employees, personnel, and/or independent contractors who participate in the Event agree to be bound by this Agreement. The terms of this Agreement, including any waivers, inures to the benefit Sunset Hills and its affiliates and Event co-producers and sponsors.  Food Truck Participants: There is no participation fee for food truck participants. Participant must have the capability to accept credit card transactions; dress in appropriate clothing for food service; must be entirely self sufficient to execute food service; must comply with all food safety standards set by local, state or national food service standards; and must obtain all permits/insurance needed to operate and shall display both its health department license/approval and business license at all times in its booth space.  The validity, interpretation, construction, and enforcement of this Agreement will be governed and controlled by the laws of the State of Missouri, without regard to its rules with respect to choice of law. Any dispute arising out of or related to this Agreement must be brought in federal or state court serving St. Louis County and the parties hereby consent to the exclusive jurisdiction and the venue of such forum. This Agreement, and any rules and regulations provided to Participant by Sunset Hills and or affiliates, will contain the entire Agreement and understanding between the parties hereto with respect to participation in the Event. If any term is contrary to law then that term will be severed and the remainder of the Agreement will remain in force.