HomeMy WebLinkAboutVeterans of Foreign Wars of the United States, Post 5405 - Alcoholic Beverage Vendor Agreement (4th of July) 2026 04 13ALCOHOLIC BEVERAGE VENDOR AGREEMENT
(Celebration of Freedom 2026)
THIS ALCOHOLIC BEVERAGE VENDOR AGREEMENT ("Agreement") is made and entered as
of the 13 day of April , 2026, by and between the CITY OF WINTER SPRINGS, a
Florida municipal corporation located at 1126 E. State Road 434, Winter Springs, Florida 32708 ("City"), and the
WINTER SPRINGS POST NO.5405, VETERANS OF FOREIGN WARS OF THE UNITED
STATES, INC., a Florida Not- For -Profit Corporation with a principal address at 420 North Edgemon
Avenue, Winter Springs, Florida 32708 ("VFW").
WITNESSETH:
WHEREAS, the City of Winter Springs conducts an annual 4`1' of July special event, also known as the
Celebration of Freedom event, each year at Central Winds Park, 1000 Central Winds Drive, Winter Springs,
Florida 32708, for the benefit of the public to celebrate the 4"' of July; and
WHEREAS, VFW desires to contract with the City to serve as the exclusive vendor of beer during the
41" of July event, consistent with the terms and conditions of this Agreement; and
WHEREAS, VFW desires to contract with the City to be a non-exclusive wine vendor during the 4°i of
July special event, consistent with the terms and conditions of this Agreement; and
WHEREAS, VFW represents and warrants to the City that VFW has as agreement with a local
distributor to acquire the amount of beer necessary to serve the 4°i of July event and its anticipated attendants;
and
WHEREAS, VFW represents and warrants to the City that it has the personnel, tools, materials, and
experience necessary to provide the services as outlined herein.
NOW THEREFORE, in consideration of the provisions contained in this Agreement, and other good
and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows:
1_0 Incorporation of Recitals. The foregoing recitals are true and correct and by this reference are fully
incorporated into this Agreement.
2_0 Definitions. For the purpose of this Agreement: "beef" shall refer to a brewed beverage of any name or
description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt,
wholly or in part, or from any substitute for malt; and "rvine" shall refer to all alcoholic beverages made
from grapes, other fruit (including berries), or other suitable agricultural products and containing not more
than 24 percent of alcohol by volume. (Beer and wine collectively are "alcoholic beverages").
3_0 Engagement. The City hereby engages VFW, and VFW hereby agrees, to staff, operate and maintain
the exclusive beer booth and trailer during the City's 4ti' of July Special Event ("Event") in exchange
Alcoholic Beverage Vendor Agreement — Celebration of Freedom 2026
City of Winter Springs and VFW Post No. 5405
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for the compensation arrangement and pursuant to the terms and conditions set forth in this Agreement.
VFW may also offer wine for sale from the booth or trailer during the Event, however, VFW shall not
enjoy exclusivity in relation to wine sales during the Event. No prior or present agreements or
representations shall be binding upon the parties hereto unless expressly incorporated into this
Agreement. The parties agree that the Event will be held on July 4, 2026, or, if the Event is postponed,
as soon thereafter as may be determined by the City, at its sole discretion. If the Event is postponed and
not rescheduled, no compensation shall be due to either party.
4_0 Alcoholic Beverage Service. The City shall not provide the alcohol inventory to VFW. As the
exclusive provider of beer during the Event, VFW shall be responsible, at their sole expense, for
ensuring that an adequate supply of beer is provided for the Event. As a non-exclusive provider of
wine at the event, VFW shall also be responsible, at their sole expense, for ensuring an adequate
supply of wine is provided for the Event. The anticipated crowd for the event is approximately
fifteen thousand (15,000) attendees. Alcoholic beverages served during the Event shall be strictly
limited to beer and wine only. VFW may serve alcoholic beverages from one (1) alcoholic
beverage booth ("booth") and one (1) alcoholic beverage trailer ("trailer") as provided for herein.
VFW shall be responsible for the management and staffing of both the alcoholic beverage booth
and trailer during set up before, operation of, and clean-up following the Event; collection of cash
and other forms of revenue; and set up, break down and clean-up of the booth and trailer. VFW
shall be solely responsible for remittance of any state sales tax, if applicable, resulting from the
sale of alcoholic beverages. Alcohol consumption inside the booth and trailer shall be strictly
prohibited. It shall be the sole responsibility of VFW to ensure that patrons of the alcoholic
beverage booth and trailer are at least 21 years of age and that any individual appearing 35 years of
age or younger be required to produce valid state -issued identification as proof of age prior to being
served alcoholic beverages. VFW shall ensure that booth and trailer patrons are not over -served,
and that service is refused where, in the reasonable judgement of VFW, any individual appears
intoxicated. The City reserves the right, in its sole discretion, to discontinue the operation of the
alcoholic beverage booth or trailer at any time during the Event if patrons are being served illegally .
or are being over -served. The responsibilities set forth in this section shall not represent an
exhaustive list of VFW's responsibilities under the terms of this Agreement and VFW shall
undertake any reasonable action in furtherance of the efficient and safe operation of the alcoholic
beverage booth and trailer not inconsistent with any provision of this Agreement.
5_0 Liquor License or Permit; Insurance. VFW shall be solely responsible for obtaining the requisite
liquor license or permit and liquor liability insurance for the Event. Said insurance shall name the City
of Winter Springs as an additional insured. The City agrees to use its best and reasonable efforts to
support any liquor license or permit and liquor liability insurance application submitted in furtherance
of this Agreement. The cost of the liquor license or permit and liquor liability insurance will be paid
for by VFW at its sole expense and shall not be reimbursable by the City for any reason, including but
not limited to cancellation of the Event by either party hereto. VFW shall provide the City with a copy
of its liquor license or permit and liability insurance policy prior to the commencement of the Event,
but in no case less than ten (l 0) days prior to the Event.
6_0 Booth and Trailer. The City shall provide VFW with a 10' by 10' booth and 1,000 watts of
Alcoholic Beverage Vendor Agreement — Celebration of Freedom 2026
City of Winter Springs and VFW Post No. 5405
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electricity to service the booth. The location of both the alcoholic beverage booth and the alcoholic
beverage trailer shall be at the sole discretion of the City. The City shall provide to the VFW a
canopy tent for its designated space, as well as tables and chairs, in an amount determined by the
City to be appropriate for the space and the Event. Other supplies or equipment necessary for booth
operation, including refrigeration and water sources, shall be provided by VFW. VFW is
authorized to utilize and park, in a location determined at the discretion of the City, one refrigerated
beer -dispensing trailer ("trailer") during the Event. VFW shall be solely responsible for the use of
and liabilities relating to the trailer. The City shall not be responsible for the operation of the booth or
trailer, or for providing any equipment or supplies for the booth not explicitly stated herein.
7_0 Compensation. In consideration for the right to serve as the exclusive beer vendor at the Event and a
non-exclusive wine vendor, VFW shall pay to the City a sum of Two Thousand and 00/100 Dollars
($2,000.00). Full payment shall be due to the City no later than seven (7) calendar days after the Event.
There shall be no further compensation due to the City or VFW under this Agreement.
8_0 Effective Date; Termination. This Agreement shall become effective upon full execution by both
parties hereto and shall, unless sooner terminated pursuant to subsections 8.1 or 8.2, terminate upon
full completion of the parties' respective obligations set forth in this Agreement.
8_1. Termination by City. The City, at its sole discretion, may terminate this Agreement at any time for
convenience and without penalty. In the event the City terminates this Agreement pursuant to this
subsection prior to the Event and VFW has already submitted payment to the City, the City shall
reimburse VFW for the full amount of such payment within ten (10) business days of said
termination.
8.2. Termination by VFW. The VFW may terminate this Agreement for cause at any time. Should VFW
terminate this Agreement less than seven (7) calendar days prior to the Event, however, VFW
agrees that any compensation due to the City pursuant to Section 6.0 herein shall still be due and
payable to the City, in accordance with the terms of this Agreement.
9_0 Contractors. VFW may employ as many contractors or assistants as it deems appropriate, and
necessary to perform its respective services required hereunder. However, VFW shall be solely
responsible for the payment of their respective contractors or assistants, including, but not limited to,
responsibility for their acts and omissions, wages, fees, applicable income taxes, applicable worker's
compensation insurance, and expenses.
10.0 Due Diligence. VFW acknowledges that it has investigated prior to the execution of this
Agreement and satisfied itself as to the conditions affecting the services, the availability of
materials and labor, the cost thereof, the requirements to obtain necessary insurance, permits, and
the steps necessary to complete the services within the time set forth herein. VFW warrants unto
the City that it has the competence and abilities to carefully, professionally, and faithfully complete
the services in the manner and within the tirne limits set forth herein. VFW will perform the
services with due and reasonable diligence consistent with sound professional and labor practices.
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City of Winter Springs and VFW Post No. 5405
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11.0 Miscellaneous:
11.1. Time is of the Essence. Time is of the essence of this Agreement.
11.2. No Assignment. This Agreement shall not be assigned or transferred.
11.3. Third Party Rights. This Agreement is not a third -party beneficiary contract and shall not
in any respect whatsoever create any rights on behalf of any third parties.
11.4. Further Assurances. From and after the execution of this Agreement, each of the parties
hereto shall fully cooperate with each other and perform any further act(s) and execute and
deliver any further documents, which may be necessary or desirable in order to carry out the
purposes and intentions of this Agreement.
11.5. Legal Representation. The parties acknowledge that Garganese, Weiss, D' Agresta &
Salzman, P.A., and the attorneys therein, have acted as counsel forthe City in connection
with this Agreement and the transactions contemplated herein, and have not given legal
advice to any party hereto other than City.
11.6. Severability. If any provision of this Agreement is held to be invalid, void, or unenforceable,
the remaining provisions shall nevertheless remain in full force and effect, unless the
absence of the invalid, void or unenforceable provision or provisions causes this Agreement
to fail in its essential purposes.
11.7. Governing Law and Venue. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida. The parties further agree that in any dispute between
them relating to this Agreement, exclusive jurisdiction shall be in the trial courts located in
Seminole County, Florida for any state action and Orlando, Florida for any federal action,
any objections as to jurisdiction or venue in such courts being expressly waived.
11.8. Attorney's Fees. In the event any litigation or controversy arises out of or in connection
with this Agreement between the parties hereto, the patties agree to bear their own costs and
attorney's fees.
11.1 Non -Waiver. No delay or failure by either party to exercise any right, or enforce any
provision, under this Agreement, and no partial or single exercise of that right, or failure to
enforce and provision, shall constitute a waiver of that or any other right or provision and
same shall continue in full force, unless othe I wise expressly provided herein.
11.10. Notices. Any notice, request, instruction, or other document to be given as part of this
Agreement shall be in writing and shall be deemed given under the following circumstances:
when delivered in person; or three (3) business days after being deposited in the United
States Mail, postage prepaid, certified or registered; or the next business day after being
deposited with a recognized overnight mail or courier delivery service; or when transmitted
by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and
Alcoholic Beverage Vendor Agreement — Celebration of Freedom 2026
City of Winter Springs and VFW Post No. 5405
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addressed as follows (or to such other person or at such other address, of which any party
hereto shall have given written notice as provided herein):
To City: City of Winter
Springs
Attn: City Manager
1126 E. State Road 434
Winter Springs, FL 32708
To VFW: WINTER SPRINGS POST NO. 5405 VETERANS OF
FOREIGN WARS OF THE UNITED STATES, INC.
Attn: Adam Zavardino, Post
Quartermaster
420 North Edgemon Ave.
Winter Springs, Florida 32708
11.11. Counterparts. This Agreement may be executed in any number of counterparts, each of which
when so executed and delivered, shall be an original; but such counterparts shall together
constitute but one and the same instrument.
11.12. Public Record. Pursuant to Chapter 119, Florida Statutes and other applicable public records
laws, VFW agrees that any records, documents, transactions, writings, papers, letters,
computerized information and programs, maps, books, audio or video tapes, films, photographs,
data processing software, writings or other material(s), regardless of the physical form,
characteristics, or means of transmission, of VFW related, directly or indirectly, to the services
provided to the City under this Agreement and made or received pursuant to law or ordinance or
in connection with the transaction of official business by the City, may be deemed to be a public
record, whether in the possession or control of the City or the VFW. Said records, documents,
transactions, writings, papers, letters, computerized information and programs, maps, books,
audio or video tapes, films, photographs, data processing software, writings or other material(s),
regardless of the physical form, characteristics, or means of transmission of VFW are subject to
the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific .
written approval of the City's designated custodian of public records.
IF THE VFW HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE VFW'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY
CLERK, AT (407) 327-5955,
CITYCLERKDEPARTMENT@WINTERSPRINGSFL.ORG, 1126 EAST
STATE ROAD 434, FLORIDA 32708.
VFW is required to and agrees to comply with public records laws. VFW shall keep
and maintain all public records required by the City to perform the services as agreed
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City of Winter Springs and VFW Post No. 5405
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to herein. VFW shall provide the City, upon request from the City Clerk, copies of the
requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided by law. VFW shall ensure that
public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the
duration of the Agreement term. Upon completion of the Agreement, VFW shall
transfer to the City, at no cost, all public records in possession of the VFW,
provided the transfer is requested in writing by the City Clerk. Upon such transfer,
VFW shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. However, if the City
Clerk does not request that the public records be transferred, the VFW shall
continue to keep and maintain the public records upon completion of the
Agreement and shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the City, upon request from
the City Cleric, in a format that is compatible with the information technology
systems of the City. Should the City not possess public records relating to this
Agreement which are requested to be inspected or copied by the City or any other
person, the City shall immediately notify VFW of the request and the VFW shall
then provide such records to the City or allow the records to be inspected or copied
within a reasonable time. If the VFW does not comply with a public records
request, the City may enforce this Section to the extent permitted by law. VFW
acknowledges that if the VFW does not provide the public records to the City
within a reasonable time, the VFW may be subject to penalties under Section
119.10, Florida Statutes. The VFW acknowledges that if a civil action is filed
against the VFW to compel production of public records relating to this
Agreement, the court may assess and award against VFW the reasonable costs of
enforcement, including reasonable attorney fees. All public records in connection
with this Agreement shall, at any and all reasonable times during the normal
business hours of the VFW, be open and freely exhibited to the City for the purpose
of examination, audit, or otherwise. Failure by VFW to grant such public access
and comply with public records laws and/or requests shall be grounds for
immediate unilateral cancellation of this Agreement by the City upon delivery of
a written notice of cancellation. If the VFW fails to comply with this Section, and
the City must enforce this Section, or the City suffers a third party award of
attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due
to VFW's failure to comply with this Section, the City shall collect from VFW
prevailing party attorney's fees and costs, and any damages incurred by the City,
for enforcing this Section against VFW. And, if applicable, the City shall also be
entitled to reimbursement of all attorneys' fees and damages which the City had to
pay a third party because of the VFW's failure to comply with this Section. The
terms and conditions set forth in this Section shall survive the termination of this
Agreement.
11.13. Interpretation. The parties have participated in the drafting of all parts of this
Alcoholic Beverage Vendor Agreement — Celebration of Freedom 2026
City of Winter Springs and VFW Post No. 5405
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Agreement and have each had an opportunity to review this Agreement with legal counsel.
As a result, it is the intent of the parties that no portion of this Agreement shall be
interpreted more harshly against either of the parties as thedrafter.
11.14. Independent Contractor. VFW shall be considered an independent contractor under this
Agreement and under no circumstances shall it be considered as agent or employee of the
City.
11.15. Entire Agreement. This Agreement represents the sole, entire and integrated
Agreement between the parties and supersedes all prior negotiations, representations, or
Agreements, either oral or written, and all such matters shall be deemed merged into
this Agreement.
11.16. Sovereign Immunity. The City intends to avail itself of the benefits of Section 768.28,
Florida Statutes and any other statutes and common law governing sovereign immunity
to the fullest extent possible. Neither this provision nor any other provision of this
Agreement shall be construed as a waiver of the City's right to sovereign immunity under
Section 768.28, Florida Statutes, or other limitations imposed on the City's potential
liability under state or federal law. Contractor agrees that City shall not be liable under
this Agreement for punitive damages or interest for the period before judgment. Further,
City shall not be liable for any claim or judgment, or portion thereof, to any one person
for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or
portion thereof, which, when totaled with all other claims or judgments paid by the State
or its agencies and subdivisions arising out of the same incident or occurrence, exceeds
three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to
inure to the benefit of any third party for the purpose of allowing any claim which would
otherwise be barred under the doctrine of sovereign immunity or by operation of law. This
paragraph shall survive termination of this Agreement.
11.17. Indemnification and Hold Harmless. For all services performed pursuant to this
Agreement, VFW agrees to the fullest extent permitted by law, to protect, indemnify, save
and hold harmless the City and its employees, elected and appointed officials, officers, and
attorneys from and against all claims, demands, suits and actions for costs, losses, damages,
personal injuries (including but not limited to death), or liability (Including reasonable
attorney's fees through any and all administrative, trial, post judgment and appellate
proceedings), to propel iy of the City or others of whatsoever nature and for any and all
injury to person (including death) directly or indirectly arising from the negligent acts,
errors, omissions, intentional or otherwise, arising out of or resulting from their respective:
(i) performance of services pursuant to this Agreement;
(ii) failure to properly train employees or members under their control or direction;
or
(iii)failure to remit any local, state, and federal taxes due by them as a result of the
Event.
Alcoholic Beverage Vendor Agreement — Celebration of Freedom 2026
City of Winter Springs and VFW Post No. 5405
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The indemnification provided above shall obligate the indemnifying party to
defend at its own expense or to provide for such defense, at the sole option of
the City, as the case may be, of any and all claims of liability and all suits and
actions of every name and description that may be brought against the City or
its employees, elected or appointed officials, officers, and attorneys which may
result from the services under this Agreement whether the services be
performed by the indemnifying party or anyone directly or indirectly employed
or hired by them. In all events the City shall be permitted to choose legal counsel
of its sole choice, the fees for which shall be subject to and included with this
indemnification provided herein, as long as said fees are reasonable. This
Section shall survive termination of this Agreement.
11.18. Standard of Care. In performing its services hereunder, VFW shall use that degree of care and
skill ordinarily exercised under similar circumstances by reputable members of its profession
practicing in the same or similar locality.
11.19. Contractor's Signatory. The undersigned person executing this Agreement on behalf of
each party hereby represents and warrants that he/she has the full authority to sign said
agreement and to fully bind their principal to the terms and conditions set forth in this
Agreement.
11.20. Trafficking. As a condition of this contract, VFW shall attest under penalty of pei jury, that VFW
does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes.
Attestations shall be documented using a Human Trafficking Affidavit as provided by the City.
12.0 Suspension or Cancellation of Event. The City shall have the right to temporarily suspend or cancel
the Event at any time in the event of an adverse weather condition, emergency, or any other occurrence
outside of the City's reasonable control which would, in the City's sole discretion, require the temporary
suspension or cancellation of the Event in order to protect the health, safety and welfare of the City and
its residents and visitors. Any such suspension or cancellation shall be at the City's sole discretion and
shall be without penalty to the City.
[Signatures to Follow)
Alcoholic Beverage Vendor Agreement — Celebration of Freedom 2026
City of Winter Springs and VFW Post No. 5405
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
first written above.
ATTEST:
Christian Gowan, City Cleric
Date: &1.5(t 3 12oZ0
CITY OF WINTER SPRINGS,
r.
Kevin Sweet, City Manager
Date: &at 3e / c1d 6
VFW WINTER SPRINGS POST NO. 5405
VETERANS OF FOREIGN WARS
OF THE UNITED STATES, INC.
Name / Title
Date:
Alcoholic Beverage Vendor Agreement — Celebration of Freedom 2026
City of Winter Springs and VFW Post No. 5405
Page 9 of 13
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me by means of V physical presence or
online notarization, this __7t day of IY1aU , 2026 by _7-avardmo , as
QAA of WINTER SPRINGS POST NO.5405 VETERANS OF FOREIGN
WARS OF THE UNITED STATES, INC. a Florida non-profit Corporation who is personally known to
me or � who has produced a ]>jj V.p—c,5 1 P nse as identification.
;iiRv'aue:, ABBY CHEW tA
Notary Public State of Florida NOTARY PUBTICE, State of Florida
Commission N HH 386684
My Comm, Expires May 23, 2027
Bonded through National Notary Assn, My Commission Expires: MOM 23,rd Zo?,-r
SUPPLEMENTAL ADDENDUM TO
AGREEMENT WAIVER OF LIABILITY
AND
HOLD HARMLESS AGREEMENT
INFECTIOUS COMMUNICABLE DISEASES INCLUDING COVID-19
As a condition of the use of any CITY OF WINTER SPRINGS ("CITY") Facilities and/or Property
(collectively referred to as the "Facilities") and in consideration of being allowed to use the Facilities
and participate in programs, events and activities conducted by the VFW (collectively referred to as
"Activities") thereon of any kind whatsoever, I, as the vendor ("Vendor"), on behalf of the VFW, and
any officers, employees, agents, contractors, and guests under their supervision and control or for whom
Vendor has the capacity to contract, hereby acknowledge and agree to the following:
1. The Vendor understands that use of the Facilities includes possible exposure to illness from
infectious communicable diseases including, but not limited to MRSA, influenza, and the novel
coronavirus ("COVID-19"). Vendor understands the hazards of infectious communicable
diseases such as COVID-19 and is familiar with the Centers for Disease Control and Prevention
("CDC") guidelines regarding COVID-19. Vendor acknowledges and understands in particular
that the circumstances regarding COVID-19 are changing from day to day and that, accordingly,
the CDC guidelines are regularly modified and updated, and Vendor accepts full responsibility
for familiarizing itself with the most recent updates about COVID-19 and any other infectious.
communicable disease. Vendor further recognizes and assumes the risk that while the City has
implemented sanitation procedures for its Facilities, infectious communicable diseases and
COVID-19 in particular may remain on surfaces for days, sanitation procedures do not guarantee
in anyway such disease is not present, and other individuals present within or upon the Facilities
may be COVID+ or infected with some other infectious communicable disease and Vendor
accepts the inherent risks associated therewith by entering the Facilities or engaging in the
Activities.
2. Notwithstanding the risks associated with infectious communicable diseases, including but not
limited to those specifically set forth herein, which Vendor readily acknowledges, it hereby
willingly chose to be in or on the Facilities and participate in Activities. Vendor shall also provide
its officers, employees, agents, contractors, volunteers and guests such health advisories it deems
appropriate to maintain safety, in its sole responsibility and discretion, regarding communicable
diseases and COVID-19 related to participating in the Activities at the Facilities, and Vendor
shall further take such health and safety precautions that Vendor deems appropriate, in its sole
responsibility and discretion, to ensure the health and safety of itself, and its officers, employees,
agents, contractors, volunteers and guests who will be present at the Facilities and participate in
Activities.
3. Vendor acknowledges and fully assumes the risk of illness or death related to all kinds of
Alcoholic Beverage Vendor Agreement — Celebration of Freedom 2026
City of Winter Springs and VFW Post No. 5405
Page 11 of 13
infectious communicable diseases including, but not limited to, COVID-19 arising from Vendor
conducting the Activities at the Facilities and hereby RELEASE, WAIVE, DISCHARGE, AND
COVENANT NOT TO SUE (on behalf of itself, and any officers, employees, agents, contractors,
volunteers and guests under their supervision and control or for whom Vendor has the capacity
to contract to the extent legally possible, on behalf of any others with whom Vendor may come
into contact and allege that they became ill or contracted any infectious communicable disease
including, but not limited to, COVID-19 due to Vendor's and any of its officer's, employee's,
agent's, contractor's, volunteer's and guest's presence in or on the Facilities and/or patl icipation
in the Activities), the CITY and the City's elected officials, officers, attorneys, directors,'
employees, professional staff, agents, employees and assigns (the "RELEASEES") from any -
liability related to any and all infectious communicable diseases including, but not limited to
COVID-19 which might occur as a result of Vendor conducting the Activities at the Facilities.
4. Vendor shall hold harmless the RELEASEES from and against any and all claims, demands,
suits, judgments, losses or expenses of any nature whatsoever (including, without limitation,
attorneys' fees, costs and disbursements, whether of in-house or outside counsel and whether or
not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly
or indirectly, the infection of any and all communicable diseases including, but not limited to,
COVID-19 or any other illness, property damage, injury or death alleged to have occurred on or
in the Facilities or arising out of the Activities.
5. It is Vendor's express intent that this Waiver and Hold Harmless Agreement shall bind any
assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE,
AND COVENANT NOT TO SUE the above -named RELEASEES. This Agreement and the
provisions contained herein shall be construed, interpreted and controlled according to the laws
of the State of Florida and Venue related to any legal action related to the subject matter contained
in this Agreement shall be Seminole County, Florida. VENDOR HEREBY KNOWINGLY
AND VOLUNTAR.IL Y WAIVES ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE
ARISING IN CONNECTION WITH THIS AGREEMENT. VENDOR
ACKNOWLEDGES THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS
A MATERIAL INDUCEMENT TO THE AUTHORIZATION GRANTED BY CITY TO
BE ON OR IN THE FACILITIES AND PARTICIPATE IN THE ACTIVITIES.
IN SIGNING THIS AGREEMENT, VENDOR ACKNOWLEDGES AND REPRESENTS THAT
Vendor has read the foregoing Waiver of Liability and Hold Harmless Agreement, understands it and
signed it voluntarily as Vendor's own free act and deed; no oral representations, statements, or
inducements, apart from the foregoing written agreement, have been made; the undersigned is at least
eighteen (18) years of age and fully competent and authorized to contractually bind the Vendor; and
the undersigned executes this Agreement for full, adequate and complete consideration fully intending
to bind the Vendor to the terms and conditions of this Agreement. Vendor further represents this waiver
and hold harmless is not in lieu of: but rather in addition to, any other waiver, hold harmless, release or
Alcoholic Beverage Vendor Agreement — Celebration of Freedom 2026
City of Winter Springs and VFW Post No. 5405
Page 12 of 13
indemnification set forth in the Alcoholic Beverage Vendor Agreement and the CITY's adopted Rules,
Policies & Rates for Usage for All CITY Facilities. This Agreement is hereby incorporated into and
made a part of the Alcoholic Beverage Vendor Agreement if executed in conjunction herewith.
IN WITNESS WHEREOF, I have signed this Waiver and Agreement on this day of
_rl(_
2026
NAME OF APPLICANT ORGANIZATION:
SIGNATURE:
NAME/TITLE: AJ C`t-,. ZC7-- V f J liv0 / a f1l
Alcoholic Beverage Vendor Agreement — Celebration of Freedom 2026
City of Winter Springs and VFW Post No. 5405
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