(“Vendor”) desires to participate as a vendor at the vendor park operated by The Linwood Park Company, which includes the adjacent parking lot (“Property”). Vendor fully acknowledges, accepts, and assumes all hazards and risks relating to or arising from the advertising or selling of goods or services on the Property (“Vendor Activity”), including, without limitation, risk of property damage, personal injury, or loss. Vendor is not an agent or employee of the Company.
Vendor voluntarily elects to perform Vendor Activity and hereby acknowledges that an accident or injury could occur that may result in property damage or injury, including death, to Vendor, Vendor’s employees, or to another person. Vendor on behalf of themselves and their executors, administrators, owners, partners, manager, heirs, next of kin, successors, assigns, hereby waives, releases, and discharges The Linwood Park Company, its Board of Directors and officers, agents, managers and employees (collectively “Company”), from any and all liability for the death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to Vendor, or, that may occur to one of Vendor’s visitors on the Property while Vendor is performing Vendor Activity.
Vendor further hereby relieves, releases, indemnifies, defends, and holds the Company, harmless from and against all claims, actions, cause of actions, liabilities, or costs (including, without limitation, attorneys’ fees) of whatever nature, kind or description, including, without limitation, for damage or injury to any property or person, arising out of, related to or a consequence of the Vendor’s participating in Vendor Activity.
As between the Company and Vendor, Vendor further understands, agrees, and acknowledges that the Vendor is responsible for any and all actions, whether unintentional, negligent or intentional in nature and kind, of or by Vendor in performing Vendor Activity, including, without limitation, any and all damage to the Property arising from or related to such Vendor Activity.
