This HOLD HARMLESS AGREEMENT (this "Agreement") is made effective by and between  (Vendor Contact Name) from now on to be referred to as “VENDOR” and the Funk & Junk Festival through The RE/MAX Community Grant Chest, Stanwood-Camano Area Foundation and The Stanwood-Camano Community Fairgrounds; hereinafter referred to as "FJF" as a collective event entity. VENDOR and FJF are sometimes individually referred to as "Party" and collectively referred to as the "Parties."'

Whereas, VENDOR desires to hold harmless FJF from any claims and/or litigation arising out of the FJF actions in connection with I hereby release indemnify, and hold harmless FJF, its owners, operators, directors, employees, successors, assigns, legal representatives, organizers, sponsors, volunteers and supervisors of its activities from any and all claims, causes of actions and liability arising from or in any way connected with VENDOR'S participation with FJF and its activities.

1. Hold Harmless. The VENDOR shall fully defend, indemnify, and hold harmless FJF from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of the VENDOR, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and any reimbursements to FJF for all legal fees, expenses, and costs incurred by it.

2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party.

3. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

4. Attorneys' Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

5. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.

6. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under Washington law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Washington law.

7. Applicable Law. This Agreement shall be governed exclusively by the laws of Washington, without regard to conflict of law provisions.

8. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of Washington. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.

Only after application approval, completed contract acceptance and upon receipt of required fee(s) FJF hereby grants to the VENDOR a vendor space on the Stanwood-Camano Community Fairgrounds during the 2024 Funk & Junk Festival on Saturday, August 17th, 2024.

2. The VENDOR agrees to comply with the following conditions. In the event the VENDOR fails to comply with any of the following conditions, FJF may treat the VENDOR as being in breach of contract and at its options may: relet the space to alternate VENDOR for the remaining term of the contract, remove VENDOR from the premises without a refund and refuse participation in future events.

3. The VENDOR shall display/sell only those items listed and approved on the original submitted booth application. VENDOR agrees to display items that are family oriented and appropriate for all ages. Firearms, ammunition and all hazardous and combustible materials are prohibited.

4. VENDOR agrees to be open during the event hours listed and may not leave early. Vendor agrees that leaving early will result in a one year suspension before being able to return as a vendor to subsequent events.

5. VENDOR understands that neither fires of any kind nor smoking of any kind is permitted in or within twenty-five (25) feet of any of Fairground buildings, building entrances or Fairground gates.

6. VENDOR understands that unleashed animals are not allowed on Fairground property during public events.

7. VENDOR agrees to haul out all unsold items. VENDOR agrees that if items are left behind, they will be billed accordingly for time and disposal fees.

8. VENDOR is responsible for the payment of, or procurement of, all permits, licenses, fees, taxes, bonds, insurance, and the like, which are or may be required of a self-employed individual performing a similar service.

9. The VENDOR hereby agrees to save FJF harmless from all loss or damage occasioned to it or to any third person or property by reason of any acts or omissions on the part of the VENDOR, subcontractors, performance of the Contract including joint acts or omissions and shall, after reasonable notice thereof, defend and pay the expense of defending any suit which may be commenced against FJF, or any third person alleging injury by reason of such acts or omissions, and will pay any judgment which may be obtained against FJF or in such suit.

10. This VENDOR is responsible for the security of their booth. FJF does not take responsibility for the items in the VENDOR’S assigned space.

11. The VENDOR shall not assign any interest in this Contract and shall not transfer any interest in same.

12. The VENDOR will secure, at their own expense, all personnel required in performing said services under this Contract. VENDOR shall be personally liable for applicable payroll, labor and industries premiums and all applicable taxes and shall hold FJF harmless there from.

13. Cancellation: No refunds will be issued if cancellation is made by VENDOR less than FOURTEEN (14) days prior to the event. (08/03/2024) If a cancellation of event is issued by FJF all vendors will be issued refunds of their booth fee(s) unless the VENDOR in lieu of refund request their payment be converted to charitable donation.

14. VENDORS selling food, now known as FOOD VENDORS, must include copies of Food Handler's Permit and Temporary Food Establishment Permit with completed contract.

15. FOOD VENDORS understand that they may be subject to health inspection during the event by Snohomish County and will comply with Washington State’s Safety and Health Standards.

16. VENDOR attests that all information provided in their VENDOR Application is accurate and a true and honest representation of their goods and services provided at the event. VENDOR agrees to abide by any rules and regulations listed within their application.

17. VENDOR agrees to read the Vendor Guide prior to event and adhere to all rules, regulations, timelines and event requirements listed therein.

18. VENDOR agrees to reply to correspondence with the Funk & Junk Festival Coordinators, Staff and Volunteers in a timely and respectful manner and with the understanding that some event changes may occur over time and necessity.

I hereby declare that I have read and understood this contract.

By signing this agreement I agree to abide by the rules and regulations stipulated therein.