ISLAND VENDOR MARKET APPLICATION

1. We will comply with all the rules and guidelines pertaining to NDS INC.DBA/ISLAND VENDOR MARKET pop up events wherever the events are held. I/we agree that I/we are the responsible individual/party who will participate as a vendor in the pop up event and that we agree to indemnify, defend, and hold harmless New Direction Services Inc/DBA ISLAND VENDOR MARKET, and all of their officers, directors, employees, and attorneys against any and all damages, liabilities, law suits, claims and/or damages arising out of our own negligence, recklessness or intentional conduct, including any attorney fees and costs incurred in any litigation arising from this conduct.

2. There will be no refunds for cancellations. The event will take place regardless of the weather conditions.

3. This is a curated market event and the management of NDS INC.DBA/ISLAND VENDOR MARKET shall, in its sole discretion, select the location/placement for the vendor. NDS INC.DBA/ISLAND VENDOR MARKET does not guarantee the specific placement and reserves the right to make changes in placement, configuration, and location within the market at its sole discretion at any time. Vendors with whom Island Market contracts with for the purpose of selling goods at NDS INC.DBA/ISLAND VENDOR MARKET pop up events who are in violation of any rules set by the market and/or venues or town are subject to removal or cancellation.

4.NDS INC.DBA/ISLAND VENDOR MARKET may change the location, dates, format and times of the market at any time and at its sole discretion and shall provide the vendor with written notice of such changes. In the event that NDS INC.DBA/ISLAND VENDOR MARKET for any reason is prevented from holding the market, or if the facility, or any part thereof shall be destroyed or damaged by fire, Act of God, or other case,: or if by reason of government restriction, the use of said facility or the production of the exhibition is prevented, the vendor waives any claim for damages or compensation which might arise by reason thereof. Further if NDS INC.DBA/ISLAND VENDOR MARKET is delayed or prevented from performing any of its obligations under this Agreement by reason of strike or labor disruptions or causes that are beyond NDS INC.DBA/ISLAND VENDOR MARKET control, the period of such delay or such prevention shall be deemed added to the time herein provided for the performance of any such obligation by NDS INC.DBA/ISLAND VENDOR MARKET in its sole discretion and may cancel this Agreement and the parties hereto shall be released of all further obligations and liabilities each may have to the other. Further, if NDS INC.DBA/ISLAND VENDOR MARKET is delayed or prevented from performing any of its obligations under this Agreement, by reason of pandemic, natural disaster, fire, flood, general strike, war, armed conflict, terrorist attack, nuclear or chemical contamination, NDS INC.DBA/ISLAND VENDOR MARKET may terminate this Agreement and each part shall be released from liability to the other and be released of all further obligations and liabilities.

5.It is not the responsibility of NDS INC.DBA/ISLAND VENDOR MARKET to advise vendors of requirements or obligations to pay any city, state, or local taxes, including but not limited to sales tax. Vendors shall be solely responsible for collecting all applicable taxes and making payments to the relevant authority.

6. Vendor is solely responsible and liable for the merchandise presented at the market and all information given to the public by the vendor. Vendor waives any and all claims against NDS INC. DBA/ISLAND VENDOR MARKET its contractors, agents, employees, invitees and licensees and the owner and operator of the market for loss, theft, damage or destruction by fire, water, or otherwise.

7. Vendors may/may not need to have the NYS business certificate for these events.

8. All vendors agree there are no refunds for cancellations and the event will take place rain or shine.

9. Vendors are responsible for their own liability insurance for the event. (Vendors may request information on insurance carriers who sell flea/vendor market insurance)

10. Vendors acknowledge that you will not be distributing, offering to sell, selling, or allowing others to sell or make available for sale any counterfeit or trademarked products or services as part of your presence and activities at the ISLAND VENDOR MARKET pop-ups or any of its markets or pop-ups.

11.Vendors acknowledge that you own and/or have rights to all trademarks, service marks, trade names, trade secrets, inventions, copyrights, licenses, and other intellectual property associated with the products and/or services that you sell or intend to sell at your table in connection with your business as described in the "business description" section of the Vendor Agreement.

12.Vendors acknowledge that your sale or resale of products or services does not infringe or constitute an infringement or misappropriation of or capitalization on any patent, copyright, trademark, trade secret or other proprietary rights of any third party.

13. Vendors acknowledge that this Vendor Agreement constitutes the valid and binding obligations of Vendor in relation to your presence as a vendor at ISLAND VENDOR MARKET events.

14. You, Vendor, further agree to defend, indemnify and hold NDS-USA.ORG. d/b/a ISLAND VENDOR MARKET and its employees harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action brought against NDS-USA.ORG. d/b/a ISLAND VENDOR MARKET for actual or alleged infringement of any patent, copyright, trademark, service mark, trade secret, or other proprietary rights of others based upon Vendor's sale or resale of any product or service in accordance with the signed Vendor Agreement.

15. I/We have read and understand the rules that NDS INC.DBA/ISLAND VENDOR MARKET have drafted.