Ditch Market Terms and Services
Below is our Participation Agreement, please read carefully before agreeing to our terms and conditions regarding your application and participation in the Event(s). You will be asked to submit your electronic signature at the bottom of the agreement.
THIS AGREEMENT, dated as of December 2, 2022, is between Ditch Projects, Inc. (“DP”) and the signatory at the end of this agreement (“Participant”). Participant will be applying to participate in the Ditch Market on the date(s) selected above (the “Event(s)”). This Agreement must be signed by Participant and submitted to DP upon completion of the Application. These terms apply to each Event that Participant is selected for. Participant and its agents, employees, personnel, and/or independent contractors who participate in the Event agree to be bound to this Agreement. The terms of this Agreement, including any permissions, consents, and waivers, irrevocably inure to the benefit of DP, its affiliates, its successors, and Event co-producers and sponsors.
1. Safety: The safety of all Event attendees is paramount. If accepted to participate in the Event, Participant (and its employees, representatives, and contractors) will act with the highest regard for the safety of the attendees and other participants of the Event. DP cannot guarantee that its Event participants, volunteers, partners, or others in attendance will not become infected with COVID-19, its variants, or any other infectious disease. Your participation at the Event is voluntary, and you knowingly accept all risks, including health risks, related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of another party.
2. Applicable Laws and Regulations: Participant (and its employees, representatives, and contractors) will adhere to all laws, policies, rules, and regulations applicable to the goods, services, and other Event-related activities of Participant, including obtaining all licenses, permits, and approvals that may be required to enable Participant to conduct its activities and/or sell goods at the Event and to fulfill its obligations under this Agreement. Ditch Projects assumes no liability and offers no guidance on the local laws, policies, rules, and/or regulations regarding the goods and/or services Participant is offering at an Event. Participant will indemnify, defend, and hold Renegade harmless in connection with any breach of any law, policy, rule, and/or regulation applicable to the goods, services, and other Event-related activities of Participant (and its employees, representatives, and contractors).
3. Liability: DP will not be responsible for any loss or damage to Participant’s property, injury to, or death of the Participant (or its employees, representatives, and contractors), or Participant sales. Participant expressly assumes all risks of loss, damage, liability, injury, or destruction resulting from any cause whatsoever, including but not limited to acts or omissions by Participant, and hereby releases and waives any claims against DP (and its employees, representatives, and contractors) related to such loss, damage, liability, injury, and/or destruction.
4. Insurance: Participant represents that it has, or will have at the time of the Event, appropriate insurance to cover liability for the types of activities Participant will conduct at the Event. Participant covenants to be fully responsible for any of its liabilities, actions, or omissions, and will indemnify, defend, and hold DP (and its employees, representatives, contractors, vendors, affiliates, and representatives) harmless against any claims related to Participant’s liabilities, actions, or omissions.
5. Payment: If you are accepted to the Event(s) that you applied to, we will send an email notification to your provided email address for the booth fee(s) 2 weeks prior to the Event.
6. Cancellations: The Event(s) will proceed regardless of the weather. If there is a cancellation:
(a) Cancellation by DP: If a cancellation of the Event by DP is necessary due to unforeseen circumstances, acts of a third party, or other circumstances which, in DP’s sole judgment, may compromise the safety of Event participants, then the Event will not be rescheduled and participants will be refunded.
(b) Cancellation by Participant:
(i) If Participant cancels its participation at least two weeks prior to the Event, then DP will not charge the booth fee for the Event.
(ii) If Participants cancels its participation less than two weeks but more than forty-eight (48) hours prior to the Event, then DP will refund 50% of the booth fee.
(iii) If Participants cancels its participation forty-eight (48) hours or less prior to the Event, then DP will not offer a refund.
Once Participant cancels, it forfeits its spot in the Event.
7. Photography, Social Media, and Advertising: Participant acknowledges that DP will be engaging photographers and/or videographers at the Event, and Participant (and its employees, representatives, and contractors) may appear in Event-related photographs and/or videos.
If Participant (or its employees, representatives, and contractors) or Participant’s name, trademark, logo, products, and/or likeness appears in any Event-related photographs and/or videos, Participant hereby irrevocably grants DP the right to post and distribute such Event-related photographs and/or videos, in any format or channel now known or yet to be developed, including but not limited to social media, in sync with or compiled with other images and or audio, in connection with DP advertising, on DP’s website, and in connection with other marketing material. Participant warrants and represents that DP’s use of such images will not violate the rights of Participant or of any third party, including but not limited to copyright, trademark, the right of publicity, and the right of privacy.
If Participant has provided DP with Participant’s social media handle(s), DP will make reasonable efforts to tag Participant in social media feeds and, where practicable, to otherwise credit Participant in any use of the Event-related photographs and/or videos in which Participant (and its employees, representatives, and contractors) appears.
8. No assignment or delegation: Participant may not assign this Agreement, or Participant’s space at an Event, to any third party, or delegate any of Participant’s obligations without the written consent of DP. Only the accepted Participants are able to sell or distribute their items and/or conduct activities at the Event. The vendor list, map, and Booth assignments are subject to change without notice. DP does not guarantee any level of attendance at the Event and there will be no refunds, under any circumstances, after the Event is over.
9. Change in terms: The terms of this Agreement may be changed by DP and notice of such change(s) will be sent to you in writing. You agree to accept notices via email, sent to the email address of the signatory indicated below. DP reserves the right to decline, prohibit, or expel any Participant or exhibit, or prevent any activity, displays, product, or conduct, which (in DP’s sole judgment) is out of keeping with the character of the Event or endangers the venue, any attendee, other participants, or any other third party.
10. Independent Contractors: The relationship of Participant to DP is that of an independent contractor, and nothing contained in this Agreement will be construed as creating a partnership, joint venture, employment relationship, agency, or other relationship between the parties, or to make DP liable for the debts or obligations of Participant.
12. Applicable Law: The validity, interpretation, construction, and enforcement of this Agreement will be governed and controlled by the laws of the State of Illinois, without regard to its rules with respect to choice of law. Any dispute arising out of or related to this Agreement must be brought in federal or state court in Cook County and the parties hereby consent to the exclusive jurisdiction and the venue of such forum. This Agreement, and any Event-specific rules and regulations provided to Participant by DP or DP’s affiliates, will contain the entire Agreement and understanding between the parties hereto with respect to participation in the Event(s). If any term is contrary to law then that term will be severed and the remainder of the Agreement will remain in force.