**Please Read Carefully**
To: The Downtown Windsor Business Association (hereinafter the “DWBIA”), its employees and authorized actors of the DWBIA, and the City of Windsor (collectively the “Released Parties”)
As a Releasor, I fully understand and agree to the following terms:
Participation in the 2022 Canada Day Arts Fair involves various risks, dangers and hazards, which all Vendors are required to assume. The Releasor hereby freely accepts and fully assumes all such risks, dangers and hazards and the possibility of personal injury, bodily injury, death, and property loss resulting from participation.
The Releasor acknowledges that under no circumstance is the DWBIA and Released Parties liable to the Releasor or any other person or entity for special, incidental, consequential, punitive, exemplary or indirect damages, loss of goodwill or business profits, work stoppage, data loss, equipment failure or malfunction, or any and all other commercial damages or loss that may arise from participation in the 2022 Night Market.
In consideration of being granted permission to participate in the Canada Day Arts Fair, the Releasor hereby for itself, its heirs, executors, administrators, or any others who may claim on its behalf, covenant not to sue, claim or otherwise initiate legal proceedings whatsoever against the DWBIA and Released Parties and hereby waive, release and discharge the DWBIA and Released Parties from any and all claims of liability for personal injury, illness, loss of life or property damage of any kind or nature, arising out of or sustained in the course of the Releasor’s participation.
In consideration of being granted permission to participate in the Canada Day Arts Fair, the Releasor agrees to hold harmless and indemnify the DWBIA and Released Parties from any and all liability, loss, claims, demands, costs and expenses, including reasonable legal fees, due to any personal injury, illness, loss of life, property damage or any other kind of damage whatsoever arising from the Releasor’s participation as a Vendor in the Canada Day Arts Fair.
The Releasor agrees to comply with all rules, instructions, and directions of the DWBIA staff and representatives, and as outlined in the Canada Day Arts Fair Policies herein. The Releasor understands and agrees that a failure to comply with the Rules will result in his/her participation in the Canada Day Arts Fair being terminated with immediate effect and that he/she may be required to remove him/herself forthwith from the Canada Day Arts Fair.
In consideration of being granted permission to participate in the Canada Day Arts Fair, the Releasor grants the DWBIA, and anyone it may authorize, its consent to use its likeness, voice, words, or any other representation, as well as any works it may furnish [collectively the “Works”] in television, radio, film, print, electronically or in any other form, and the right to reproduce, display, distribute, and record the same, to promote the DWBIA and Canada Day Arts Fair, and any other future promotions as may be determined by the DWBIA. The Works may or may not identify the Releasor as the subject and/or owner, and the Releasor waives any rights that it may have to inspect or give its approval to the Works.
The Releasor is fully responsible for their own personal items during the Canada Day Arts Fair, including but not limited to any equipment, materials, or personal effects that they may use in the course of their Participation and the DWBIA and Released Parties shall not be liable for any loss of or damage to the same.
Vendors must submit a list or details of products with their application form. Products sold at the Night Market must be Handcrafted, Made, Produced, Baked, or Grown by the Vendor or be an artisanal Canadian product. The Night Market is a space for locally created artisanal Canadian products and foods. As such, only Vendors who are selling bona fide locally created or produced artisanal products, foods, or similar products will be permitted. Exceptions may be made for Not-for-Profit Groups on a case-by-case basis, with first preference given to Not for Profit Groups located within the DWBIA’s business district. If you represent a Not-for-Profit Group, see the section titled “Not for Profit Groups” below. Management of the Night Market reserves the right to ask any Vendor to remove any product or item from sale at any time during the season.
All Vendors must:
Due to the family atmosphere of the event, the management reserves the right to reasonably restrict the sale or display of any items in order to maintain a proper moral and wholesome environment.
Each approximate 10 x 10 space is numbered on the pavement/ground. Vendors will be assigned a location by number. When possible, each Vendor’s location is kept permanent based on the following guidelines:
All prices must be clearly marked and displayed prominently. Prices should not be altered during the day unless through verbal negotiation with customers. Signage and vendor presentation is very important. All Vendors should strive for an attractive public appearance. Canada Day Arts Fair provided COVID-19 precautionary signage should be displayed.
At the DWBIA’s sole discretion, signage or messaging which is inappropriate, offensive, or otherwise brings the reputation of the Canada Day Arts Fair into disrepute will not be permitted. The DWBIA and/or authorized employees of the DWBIA maintain the right at any time to instruct a vendor to remove signage determined to go against this policy, and reserve the right to remove a Vendor who fails to comply with the above.
Vendors who do not comply with the above will be unable to sell their wares at the Canada Day Arts Fair.
At their discretion, the DWBIA may deny further access to the Canada Day Arts Fair to any individual or organization unable to comply with the above rules. As stated above, local Not For Profit organizations who are members of the DWBIA may be allowed to participate in the Market in order to promote special events or conduct fundraising activities at the full discretion of the DWBIA; however, all such activities are to be confined to areas within the Arts Fair as designated by the DWBIA. Failure to abide by this will result in the Vendors’ forfeiture of their spot.
I am aware of the nature and effect of all terms and policies above, and voluntarily agree to abide by all terms enclosed in this agreement. I am aware of the nature and effect of this assumption of risks, release, and indemnity and fully understand its terms, and understand that I/The Vendor have given up substantial rights by signing it, and I sign it freely and voluntarily without any inducement. I have reviewed and understood the waiver and all terms of this agreement.
Canada Day Arts Fair Vendor Indemnity Waiver & Policy Details Agreement