By participating in the San Diego Zoo’s Food Wine and Brew Celebration to be held at the San Diego Zoo on September 23, 2023 (the “Event”), Vendor agrees to the following terms and conditions:

USE OF NAMES AND LOGOS:  Vendor will allow the Zoological Society of San Diego d/b/a San Diego Zoo Wildlife Alliance (“San Diego Zoo”) to use Vendor’s name and/or logo for any advertising and/or marketing of the Event, in any medium, to promote/publicize the Event prior to, during, and after the Event.

VENDING OF ALCOHOLIC BEVERAGES: Vendor assumes all responsibility for compliance with local, city, and state ordinances regarding the providing, pouring, and serving of alcoholic beverages. Vendor and Vendor’s Staff shall be trained and comply with all California Alcoholic Beverage Commission (“CABC”) regulations. Vendor’s Staff will not provide alcohol to any attendees at the Event who are not wearing an Event wristband. Vendor and Vendor’s Staff will refrain from providing alcohol to any person at the Event who, in the reasonable judgment of an average person, appears to be intoxicated. Vendor’s Staff who pour or serve alcohol at the Event will be at least 21 years of age. Vendor acknowledges that the Event is a “tasting event” and will instruct its Staff to pour alcohol to attendees accordingly (i.e., in limited serving quantities). Vendor’s Staff will not consume any alcohol while working at the Event.

INDEMNIFICATION AND INSURANCE: Vendor hereby agrees to assume the entire responsibility and liability for any losses, damages, and claims arising out of Vendor’s activities on the grounds of the San Diego Zoo and further agrees to indemnify the San Diego Zoo and its affiliates from, and hold the San Diego Zoo harmless against, any and all losses, claims, damages, expenses or liabilities, including any related legal expenses, which the San Diego Zoo may incur based on the negligence or misconduct of Vendor or the failure of Vendor to comply with any applicable law. San Diego Zoo will not be liable for loss or damage to the property of the Vendor or his representatives or employees from theft, fire, accident or any other cause beyond its control. The San Diego Zoo will not be responsible for any injury, damage or loss that may occur to a Vendor, to his employees or invitees. Without prejudice to Vendor’s liability to indemnify the San Diego Zoo as stated above, Vendor shall procure at its expense and maintain for the duration of the Event, Commercial General Liability Insurance with financially responsible insurance companies, and with policy limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. The required insurance coverage above shall be primary and noncontributing with respect to any other insurance that may be maintained by the San Diego Zoo and notwithstanding any provision contained herein, Vendor, and its employees, agents, representatives, consultants, subcontractors and suppliers are not insured by the San Diego Zoo and are not covered under any policy of insurance that the San Diego Zoo has obtained or has in place.

EJECTION OF UNDESIRABLE PERSONS: The San Diego Zoo reserves the right to eject or cause to be ejected from the premises of the San Diego Zoo any objectionable Vendor and/or Vendor’s employee, and neither the San Diego Zoo nor any of its officers, agents or employees shall be liable to the Vendor for any damages that may be sustained by Vendor or Vendor’s employees through exercise by the San Diego Zoo of such rights.

DAMAGE TO PERSONAL PROPERTY: Vendor acknowledges that the San Diego Zoo will provide reasonable and prudent precautions against damage to or theft of Vendor’s equipment or other items of personal property while they are physically located on the premises of the San Diego Zoo. Notwithstanding, Vendor assumes full responsibility and releases San Diego Zoo from liability for damage to or theft of any personal property belonging to Vendor and Vendor’s employees.

FORCE MAJEURE; CANCELLATION: If the San Diego Zoo should be prevented from holding the Event by any cause beyond its control (such as fires, strikes, Acts of God, pandemic, epidemic, etc.) or if it cannot permit the Vendor to participate in the Event due to circumstances beyond its control, the San Diego Zoo will have no further obligation or liability to the Vendor.

PHOTOGRAPHY: Vendors and their representatives may be filmed/video recorded and/or photographed during the Event. Vendor gives the San Diego Zoo permission to do so and grants to the San Diego Zoo the absolute and irrevocable right and unrestricted permission concerning any film/video and/or photographs. Vendor agrees that all such footage is the property of the San Diego Zoo and agrees that Vendor will not receive any compensation for the use of any images or likeness in the filming or airing of the Event. The San Diego Zoo reserves the right to use all photos and biographies in Event promotional materials, including, but not limited to, the Event’s official Web site, advertising and marketing collateral, to use, reuse, publish, and republish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the Internet, and for any purpose whatsoever specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use Vendor’s name/company name in connection with any use the San Diego Zoo so chooses.

AMENDMENTS: All matters and questions not covered by these Terms and Conditions are subject to the decisions of the San Diego Zoo. These Terms and Conditions may be amended at any time by the San Diego Zoo and all amendments that may be so made shall be equally binding on all parties affected by them as by the original Terms and Conditions.