TERMS + CONDITIONS + RELEASE AGREEMENT
This Agreement (“Agreement”) is entered into by and between you (the “Participant”) and Mercado Sagrado, LLC (“MS”) (collectively referred to as the “Parties”). This Agreement shall be effective as of the earliest date the terms and conditions were accepted online and by form of deposit payment hereto and all shall not alter, amend, or modify the terms of any other agreement with MS, unless expressly stated to do so herein.
1. ADDITIONAL CHARGES. The Participant shall pay to MERCADO SAGRADO on demand sums due to MERCADO SAGRADO on account of special facilities, equipment and material, or extra services furnished by MERCADO SAGRADO at the request of the Participant, or necessitated by the Participant’s participation.
2. DAMAGE AUTHORIZATION. The Participant agrees, if requested by MERCADO SAGRADO, to pay for any damage caused by the Participant, or the Participant’s guests and agents, to MERCADO SAGRADO property. In the event that MERCADO SAGRADO property is damaged by the Participant, the Participant’s Guests, and/or the Participant’s agents, the Participant will be charged for said repairs or damages.
3. CANCELLATION. In the event that the Participant must cancel, the Participant must submit a notice of cancellation, in writing, at least 30 days before the starting date. Should a written notice of cancellation be received less than thirty (30) days prior to the start date or if the Participant does not complete its obligations under any agreement or this Agreement, the Participant will nevertheless pay the full contracted amount and not be refunded.
4. PARTICIPANT OBLIGATIONS. The Participant expressly agrees to use any premises in a safe manner and shall comply with all applicable municipal, state and federal laws and rules and regulations pertaining to the event, and all other rules and regulations prescribed by the fire and police departments and other governmental authorities that are in effect. The Participant shall not use any part of any premises for the possession, storage or sale of liquor (except with the permission of MERCADO SAGRADO and according to law), or for any unlawful purpose or in any manner so as to injure persons or property on or near the premises. The Participant shall not allow or do any act that will damage any part of MERCADO SAGRADO’s property.a. If at any time, in the sole discretion of MERCADO SAGRADO, the conduct of the Participant is illegal, obscene or immoral, the Participant shall either cease the objectionable conduct or cease performance immediately upon the demand of MERCADO SAGRADO. the Participant releases MERCADO SAGRADO and its officers, agents, employees and representatives from any loss or damage occasioned by said cancellation and due to such the Participant conduct. b. The Participant agrees to pay promptly all taxes, excise or license fees applicable to the Participant’s participation and to take out all permits and licenses, municipal, state or federal, required for the use planned, and further agrees to furnish MERCADO SAGRADO, upon request, satisfactory evidence showing the prompt payment of all taxes and fees referred to above, and showing that all required permits and licenses are in effect., including insurance, as described below.
5. THIRD PARTY ASSISTANCE. The Participant agrees that if it becomes necessary or desirable for the Participant to hire help, other than specified in this Agreement, that such hiring is subject to MERCADO SAGRADOs pre-approval in writing.
6. SHIPPED ARTICLES. In the receipt or handling of property of any kind shipped or otherwise delivered to the any event grounds, either prior to, during or subsequent to the use of said grounds by the Participant, MS and its officers, agents, and employees shall act solely for the accommodation of the Participant and neither MERCAO SAGRADO nor its officers, agents or employees shall be liable for any loss or damage to such property.
7. INDEMNIFICATION. The Participant expressly agrees to and shall indemnify MERCADO SAGRADO from all costs arising out of any liability for injury or damages to persons or property sustained by reason of the operation, use or occupation of the grounds, whether authorized or not, or by any act or omission of the Participant or any of its officers, agents, employees, guests, patrons, or invitees. the Participant shall pay for any damage, loss or theft of the property, caused by these persons.
a. LIMITATION OF MERCADO SAGRADO LIABILITY. MERCADO SAGRADO, having exercised all reasonable care in the selection of the staff, shall not be responsible for the loss or damage to the personal property or for any injury suffered by the Participant, its agents, vendors, or guests, either in person or property unless it is directly caused by MERCADO SAGRADO or MERCADO SAGRADO’s partners + employees. The Participant shall indemnify, defend and hold harmless MERCADO SAGRADO and its owner’s officers, directors, partners, agents, members and employees from and against any and all demands, claims, damages to persons or property, losses and liabilities, including reasonable attorney’s fees arising out of or caused by the Participant’s negligence or willful misconduct or that of its agents, vendors or guests. This Agreement shall not be deemed a personal agreement of a kind which would deprive MERCADO SAGRADO of the benefits of any exemption from or limitation of liability under applicable United States, State, and Local statutes, all of which benefits are expressly claimed and reserved by MERCADO SAGRADO. b. LEGAL CLAIMS. The Participant agrees to protect, defend, indemnify, and hold MERCADO SAGRADO free and harmless from any injuries and any claims, action, suit, proceeding, cause of action, loss, damage liability, cost or expense (including attorney fees) that may arise during the term of the Agreement and/or during the Participant’s participation, or by the Participant’s employees, invitees, vendors, contractors or associates, or any other person whatsoever occurring on, in or about, or in connection with the event while the grounds are occupied or being used by the Participant, except to the extent such injury, loss, damage, liability, cost or expense results from the willful misconduct or gross negligence of MERCADO SAGRADO. This Agreement is entered into on express condition that MERCADO SAGRADO shall not be liable for or suffer loss by reason of injury to persons or property from whatever cause which in any way may be connected with the use, condition or occupancy of the grounds or services of MERCADO SAGRADO by the Participant, except as stated herein. MERCADO SAGRADO shall give the Participant prompt written notice of any claim, action, or proceeding, which could give rise to a right of indemnification under this Agreement. MERCADO SAGRADO shall also be entitled to engage, at the Participant’s expense, independent counsel to advise it with respect to any claim, action or proceeding which gives rise to a right of indemnification under this Agreement. Notwithstanding such notice, MERCADO SAGRADO shall be entitled, at its sole discretion, whether to defend or settle such claim, action or proceeding. Indemnification shall be made by the Participant within ten (10) days after receipt from MERCADO SAGRADO of notice describing the nature of the claim made and the amount of any loss, liability, damage, cost or expense. All such costs and expenses, which are not paid when due shall, until paid, bear interest from such date at the rate of twelve percent (12%) per annum.
8. TENANT PROPERTY. MERCADO SAGRADO assumes no responsibility for any property during the event or during the preparation, offering, or tearing down of the event and is released from any liability for any loss, injury or damages to person or property that are sustained under this Agreement.
9. FORCE MAJEURE. If any part of MERCADO SAGRADO’s services are damaged by fire or if for any other reason, including strikes, failure of utilities or any act of God which, in the judgment of MERCADO SAGRADO, renders the fulfillment of services by MERCADO SAGRADO impossible, the Participant releases MERCADO SAGRADO and its agents from any actions arising from any of these causes.
10. BINDING EFFECT. This Agreement is binding on and inures to the benefit of the parties, their
heirs, executors, administrators, personal representatives, successors and assigns.
11. ATTORNEY’S FEES. If either party named herein brings an action to enforce the terms of this Agreement or declare rights hereunder, the prevailing party in any such action, trial or appeal thereon, shall be entitled to his reasonable attorney’s fees to be paid by the losing party as fixed by the court in the same or separate suit, and whether or not such action is pursued to decisions or judgment. Then attorney’s fee award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorney’s fee as reasonably incurred in good faith.
12. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of California. The appropriate courts of Los Angeles shall settle any disputes arising hereunder and be the exclusive and sole venue for any such disputes arising from this Agreement.
THE FOREGOING REPRESENTS THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND THE PARTIES AGREE THAT THIS AGREEMENT WILL NOT BE MODIFIED BY ANY VERBAL OR IMPLIED REPRESENTATIONS, BUT RATHER ONLY BY ANOTHER WRITING SIGNED BY BOTH PARTIES.