MONTAVILLA STREET FAIR TERMS AND CONDITIONS
Montavilla Street Fair Vendor Acknowledgment:
The vendor registrant hereby acknowledges that they are a qualified, independent, insured vendor/business or a qualified representative of a non-profit organization.
By registering for the Montavilla Street Fair, food vendors acknowledge that they will provide copies of all required Multnomah County food permits.
By registering for the Montavilla Street Fair, you hereby acknowledge and agree to the Montavilla Street Fair Vendor Rules & Code of Conduct, and all other terms and conditions contained herein.
Montavilla Street Fair Vendor Rules & Code of Conduct:
- Registered Montavilla Street Fair Vendors agree to keep all vendor activities, equipment, and supplies within their designated booth space,
- Keep their designated booth space clean and presentable for the duration of the event,
- Conduct themselves in a professional, personable, and business-like manner in their interactions with customers and other vendors,
- Be courteous and respectful to their vendor neighbors, keep their music volume at a reasonable level, refrain from dumping liquids (including water) that will run downhill, and agree not to disrupt the activities of other vendors and their customers.
- Follow the approved check-in and check-out procedure,
- Stay operational on-site until the designated event closing time,
- Acknowledge that electricity is not provided,
- Acknowledge that vehicular booths with engines must remain OFF during the event,
- Be on-site, ready to set up their booth no later than 9:30 a.m.
- Acknowledge that the Street Fair ends at 6:00 p.m., and all vendors must be off the street by 7:30 p.m.
- Acknowledge that Street Fair staff have the right to ask any vendor to leave at any time.
Full Assumption of Risk and Release of Liability Related to the Montavilla Street Fair:
READ CAREFULLY BEFORE AGREEING TO ALL TERMS AND CONDITIONS. THIS FULL RELEASE IS AN ENFORCEABLE CONTRACT BETWEEN YOU AND MONTAVILLA EAST TABOR BUSINESS ASSOCIATION (“METBA”), AN OREGON NONPROFIT CORPORATION WITH 501(c)(6) STATUS. IT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. THIS FULL RELEASE COVERS ALL ACTIVITIES YOU PARTICIPATE IN FROM THE DATE YOU AGREE TO ALL TERMS AND CONDITIONS TO DECEMBER 31, 2026.
In consideration of being allowed to register for a vendor booth at the 2026 Montavilla Street Fair (“Street Fair”), sponsored by METBA, you acknowledge and agree as follows:
- POTENTIAL RISKS. Participation in the Street Fair involves risks. It is not possible to compile a complete listing of the risks. However, they include the possibility that you may suffer serious, even fatal, injury or illness, although the nature of the Street Fair makes such injury or death unlikely. By agreeing to all terms and conditions, you acknowledge that you understand that there could be dangers involved in the Street Fair you will be participating in, including, but not limited to: minor injuries such as scratches, bruises, and sprains; major injuries such as eye injury or loss of sight, joint or back injuries; heart attacks, and concussions; insect bites, parasites, and other diseases; catastrophic injuries including paralysis and death; threats of physical violence and/or actual physical assault; weather-related health impacts from extreme heat or other inclement/extreme weather events; damages to and loss of personal property; contracting COVID-19 and/or other dangerous viruses.
- YOU ASSUME ALL RISKS. You acknowledge that you voluntarily, knowingly, and freely assume, and take full responsibility for all risks, known and unknown, related to your participation in the Street Fair, and you further acknowledge that you are entirely responsible for deciding whether to participate in the Street Fair with METBA and for deciding in which Street Fair activities you can safely participate.
YOU RELEASE ALL CLAIMS AGAINST METBA AND THE PARTIES LISTED BELOW. You hereby agree for yourself and for your heirs, relatives, representatives, estate, agents, and assigns, that you will not hold liable METBA, or any of the persons listed below, and that you will waive and release any claims, demands, or actions against them, for any damages to, or loss of, your property, or for your injury or death, which results from or arises in connection with the Montavilla Street Fair including as a result of negligence by METBA or any of the persons listed below other than that which results from gross negligence, wanton or willful misconduct, or reckless or intentional conduct. You understand that this waiver includes a waiver of liability for acts of negligence. In addition, you agree to indemnify METBA and the persons listed below for any claims made against them, on your behalf or otherwise, as a result of any damage to, or loss of, your property or as a result of your injury or death resulting from or arising in connection with the Montavilla Street Fair including as a result of negligence by METBA or any of the persons listed below other than that which occurs as a result of gross negligence, wanton or willful misconduct, or reckless or intentional conduct. In addition, persons listed below shall not be liable for any injury or loss that occurs while traveling to or from the Montavilla Street Fair, or from place to place during the Montavilla Street Fair, whether by METBA’s vehicle, your vehicle, or another participant’s vehicle, including as a result of negligence by METBA or any of the persons listed below other than that which results from gross negligence, wanton or willful misconduct, or reckless or intentional conduct.
- THE FOLLOWING ORGANIZATIONS AND PERSONS ARE COVERED BY THIS FULL RELEASE. The persons and organizations covered by this Full Release include: METBA and its directors, officers, members, staff, employees, volunteers, agents and representatives, and any others who participate in the Montavilla Street Fair, or who volunteer for, or perform work for, METBA, and the City of Portland.
- IF YOU ARE A PARENT OR LEGAL GUARDIAN OF ANY PARTICIPANT WHO IS YOUNGER THAN 18 (“CHILD”), YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS ON BEHALF OF YOUR CHILD. If you are the parent or legal guardian of a Child, YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS on behalf of your Child and your Child’s heirs, assigns, personal representatives, and next of kin in the same way and to the same extent as you do for yourself in this Full Release. Further, wherever the terms “I,” “me,” “my,” “myself,” “you,” or “your” are used in this Full Release, those terms shall be interpreted to cover the child participant for whom you are responsible.
- IF YOU CAUSE DAMAGE TO ANY STREET FAIR SITE, YOU AGREE TO PAY FOR ITS REPAIR. If you cause damage to the Street Fair site (including damage to a building structure, equipment, or natural features such as trees and slopes), regardless of what entity or individual owns the Street Fair site, you agree that you will pay all costs and expenses associated with its repair or replacement (“Repair Costs”), including the costs of collection of the Repair Costs, which may include court costs and attorneys’ fees.
SUFFICIENT REVIEW. By agreeing to all of the terms and conditions within this Release, you attest that you have had sufficient time to read this entire document and consult with legal counsel prior to agreeing, should you choose to. You understand that this activity may not be made available to you if you choose not to agree to all the terms and conditions within this Release.
SEVERABILITY. If any provision of this Full Release, or the application of a provision to any person or circumstance, is held invalid, the remainder of this Full Release, or the application of that provision to other persons or circumstances, must not be affected thereby.
- GOVERNING LAW. This Full Release shall be interpreted according to the laws of the State of Oregon, and the parties’ consent to the personal jurisdiction of the Multnomah County Circuit Court in the State of Oregon. Nothing in this article shall preclude the parties from attempting to resolve conflicts through mediation or arbitration.
THIS FULL RELEASE IS INTENDED TO PROTECT THE PARTIES LISTED ABOVE FROM LIABILITY FOR INJURIES TO YOU, YOUR CHILDREN, AND YOUR PROPERTY TO THE MAXIMUM EXTENT ALLOWED BY OREGON LAW.
