Terms & Conditions

By clicking okay you (“You”) are entering into an agreement with Shop Durham, LLC (“Shop Durham”) that incorporates the followings terms & conditions: 

  1. Events and Payment. From time to time, Shop Durham may advertise opportunities for vendors to participate in open-air retail markets, pop-up markets, and other non-traditional retail events (collectively referred to as “Event(s)”). Shop Durham, in its sole discretion, shall select certain vendors that apply for Events and offer participation opportunities to such vendors. If You apply for an Event and You are selected by Shop Durham, You will be issued notice accompanied by an invoice with certain payment terms. If You make payment pursuant to the invoice’s terms, You will be deemed to have secured your participation in the Event. If You fail to make payment pursuant to the invoice’s terms, You will have forfeited your ability to participate in the Event. All payments made by You are non-refundable. By agreeing to these terms & conditions, you also agree to Shop Durham’s written policies governing Events, which may be updated from time to time by Shop Durham in its sole discretion. Shop Durham, in its sole discretion, may prohibit You from selling particular products or services at the Event, and may require that you leave the Event if you do not comply with these terms & conditions. 
  2. Limited Liability. You acknowledge and agree that Shop Durham is not responsible for monitoring the consumption of alcohol by You, your employees, or Event attendees and You shall indemnify Shop Durham for any third-party claims against Shop Durham, including but not limited to claims based upon alcohol consumption, personal injury, and property damage. You agree that, to the fullest extent permitted by law, Shop Durham’s maximum total liability for any claims brought by You shall be limited solely to the dollar amount of the fee paid by You to Shop Durham for the Event. You agree that, to the fullest extent permitted by law, Shop Durham shall not be liable for any claims for punitive damages, consequential damages, emotional distress, mental anguish, lost profit, loss of enjoyment, lost revenues and/or replacement costs in any claim brought by You or any third-party claim. 
  3. Media Release and Further Communication. You give Shop Durham the perpetual right to use, and authorize others to use, Your name, image, voice, and likeness in any and all media now or hereinafter devised for the purposes of advertising, promotional materials, online materials, and other similar marketing materials. You acknowledge that You shall not post any negative online reviews on google.com, yelp.com, Facebook.com, or any other website expressing views that negatively affect the reputation of Shop Durham or the Events, and any complaints shall be brought solely to Shop Durham. 
  4. Miscellaneous. These terms & conditions represent the entire understanding between the parties, and supersede all previous agreements between the parties. No change or modification of these terms & conditions shall be valid unless the same be in writing agreed to by the parties. These terms & conditions shall be governed by the laws of the State of North Carolina, and any disputes arising under these terms & conditions shall be adjudicated in Durham County, North Carolina. In the event that it becomes necessary to institute legal action to enforce compliance with the terms of these terms & conditions, at the conclusion of such legal proceedings, the losing party shall be solely responsible for all legal fees and costs incurred by the prevailing party, such fees and costs to be taxed by the court. Neither the waiver by Shop Durham of a breach of these terms & conditions, nor the failure by Shop Durham on one or more occasions to enforce any of the provisions of these terms & conditions shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder. If any provision of this Agreement is found to be unenforceable or invalid, the terms & conditions shall be ineffective only to the extent of such provision and the validity of the remaining provisions shall not be affected, and these terms & conditions shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Each party stipulates that he or she has had an opportunity to review these terms & conditions and request such changes as are necessary to clarify any provision set forth herein. Any ambiguity later found in this agreement shall not be construed against the drafter.