Waiver and Release and Indemnity Agreement for Vendors

As a condition to James Anthony Morelos dba Phoenicia Flea, Mojave Flea, Fog City Flea, Market Market, The Southern Flea, THIS LAND (collectively for purposes hereof, “Operator”) permitting Vendor to participate, Vendor agrees to the terms and conditions set forth herein.

Waiver and Release: Vendor for itself, its members, partners, shareholders, principals, officers, directors, affiliates, employees, agents, guests and successors and assigns (collectively for purposes hereof, “Vendor Parties”), does hereby release, waive, discharge from liability, and covenants not to sue Operator and any of their respective members, managers, affiliates, officers, employees, and agents (collectively, “Released Parties”) for liability from any and all losses, actions, costs, damages and claims arising from, relating to, or in connection with Vendors activities at the Event. Vendor shall look solely to Vendor’s own insurance in connection with any such damages or claims.

Indemnification: Vendor on behalf of itself and Vendor Parties also agrees to indemnify and hold James Anthony Morelos and East + West Experiential Markets and their respective Released Parties harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees arising from, relating to, or in connection with Vendor’s and Vendor Parties’ participation in this Event, except to the extent caused by the gross negligence or willful misconduct of Operator.

Acknowledgment of Understanding: The undersigned has read this waiver and release and indemnity agreement. By enrolling as a vendor and participating in Event, Vendor agrees and acknowledges that it fully understands its terms and understands that Vendor is giving up substantial rights, including its right to sue. Vendor acknowledges that Vendor is signing the agreement freely and voluntarily, and intends by its enrollment and participation for this document to serve as a complete and unconditional release of all liability to the greatest extent allowed by law.