WHEREAS, I, a vendor, charitable organization or other type of entity (User) desires to participate in the Grand Prairie Farmers Market; and WHEREAS, such organization meets the criteria for participation in the Grand Prairie Farmers Market and agrees to obey the rules of the market and understands the nature of operating within the Grand Prairie Farmers Market and their responsibilities as a Market Vendor or Participant in the market, including assuming responsibility for safe operation and conduct of their business within the market the User Agrees to indemnify, hold harmless and defend the Grand Prairie Farmers Market, its officers, agents and employees from and against all liability for any and all claims, suits, demands, and/or actions for damages, injuries to person (including death), property damage (including loss of use) and expenses including court costs and attorney’s fees and other reasonable costs occasioned by or arising out of User’s presence within the city park area permitted by the City of Grand Prairie conducted in connection with or incidental to participation and arising out of or resulting from the intentional acts or negligence of User, its officers, agents, employees or person participating in the event sponsored by User.
User further agrees that it shall, at all times, exercise reasonable precautions on behalf of, and be solely responsible for the safety of its officers, agents, employees, participants, visitors, and other persons, as well as their property, while in or on the park and within the Grand Prairie Farmers Market area and park premises or involved in activities in connection with or incidental to participation within use of the park. It is expressly understood and agreed that Grand Prairie Farmers Market shall not be liable or responsible for the negligence of User, its agents, servants, employees, customers, visitors, and participants.
It is further agreed with respect to the above indemnity, that the Grand Prairie Farmer’s Market and User will provide the other with prompt and timely notice of any event covered in any way directly or indirectly, contingently or otherwise affect or might affect the User of Grand Prairie Farmer’s Market shall have the right to compromise and defend the same extent of its own interests.
User further agrees that this indemnity provision shall be considered as an additional remedy for the Grand Prairie Farmers Market and not as an exclusive remedy.