Mon Valley
Fall Festival
& Carnival

In consideration of being permitted to participate as a vendor in the 2026 Mon Valley Fall Festival & Carnival at Palmer Park, the applicant and vendor identified in this application (“Vendor”) agrees:

Vendor responsibility

Vendor is solely responsible for the safe setup, operation, maintenance, security, and removal of its booth, tent, food truck, equipment, vehicles, generators, merchandise, food, beverages, and other property. Vendor is also responsible for its owners, employees, agents, volunteers, contractors, and subvendors and for obtaining all required licenses, permits, inspections, and insurance.

Defense and indemnification

To the fullest extent permitted by law, Vendor shall defend, indemnify, and hold harmless the Borough of Donora and its elected and appointed officials, officers, employees, agents, and volunteers (collectively, the “Indemnified Parties”) from claims, actions, demands, liabilities, judgments, damages, fines, penalties, losses, and reasonable attorneys' fees and defense costs, but only to the extent arising from or caused by:

1. Vendor's participation in, setup for, operation during, or removal from the event;
2. Any act, omission, negligence, or misconduct of Vendor or Vendor's owners, employees, agents, volunteers, contractors, or subvendors;
3. Any product, food, beverage, service, equipment, generator, vehicle, booth, tent, or other property supplied, sold, operated, or controlled by Vendor;
4. Bodily injury, sickness, foodborne illness, death, or damage to public or private property caused by Vendor's operations; or
5. Vendor's breach of this agreement, event rules, or any applicable law, ordinance, permit, license, health requirement, or fire-safety requirement.

This obligation does not require Vendor to indemnify an Indemnified Party for that party's own negligence, gross negligence, reckless conduct, or willful misconduct.

Employee claims

This obligation expressly includes claims involving injury or death to Vendor's employees and any related claim for contribution or indemnity and is intended to constitute an express written agreement under Section 303(b) of the Pennsylvania Workers' Compensation Act, to the fullest extent permitted by law.

Property, cleanup, insurance, and incident reporting

Vendor shall reimburse the Borough for reasonable costs to repair damage to Borough property or perform extraordinary cleanup caused by Vendor or Vendor's personnel, equipment, products, grease, wastewater, trash, or other materials. These obligations are independent of and are not limited by Vendor's insurance. Vendor shall maintain all insurance required by the Borough and provide certificates and additional-insured endorsements before participating. Vendor shall immediately report any accident, injury, illness, fire, spill, or property damage to the designated festival representative and reasonably cooperate in any resulting investigation or defense.

Product and menu approval

Vendor may offer only the products, crafts, food, beverages, and menu items disclosed in this application and approved by the festival team. Vendor shall not sell popcorn, snow cones, cotton candy, candy apples, caramel apples, or caramel corn. Approval of the application does not authorize unlisted or later-added items unless the festival team gives written approval.

Weather, event changes, and governmental immunity

Vendor acknowledges that this is an outdoor event. Organizers may delay, suspend, relocate, or cancel activities because of weather, emergencies, safety concerns, government orders, or circumstances beyond their reasonable control. Vendor is responsible for its own expenses and lost revenue. Refunds are governed by the event's stated refund policy. Nothing in this agreement waives or limits any immunity, defense, or limitation of damages available to the Borough of Donora or its representatives under Pennsylvania law. These obligations survive completion, cancellation, or termination of Vendor's participation.