July 26 29, 2017 FOOD and CRAFT VENDOR APPLICATION

Transcription

1 July 26 29, 2017 FOOD and CRAFT VENDOR APPLICATION Thank you for your interest in the 2018 Country Crossings Music Festival. Applications will be accepted through January 31, Vendors are approved by jury selection and will be notified by the end of February. Payment in full is due within two weeks of official acceptance. Please ensure a smooth process by thoroughly completing this application and contract (Note that the festival uses a cashless system for all vendors. Read carefully, the language regarding that in the contract.), including all attachments requested. Both the contract and the application must be returned with signatures. If you are accepted as a vendor, you will receive notice in the form of the completed contract executed by the promoter. Contact Name: Vendor Name: Address: City, State, Zip: Phone: Cell Phone: ONSITE Cell Phone: (required) Oregon Food Handlers License #: Insurance Company and Policy #* *All vendors are required to carry insurance. Riders must be provided at time of Payment. Detailed instructions below. History of Experience: (Please list past events where you have participated) Country Crossings Music Festival, BNB, LLC Page 1

2 Food Vendor Fee & Space: Food vendors are charged a fee based on the size of your booth including trailer tongue length and 20% of weekend sales. Please list your booth size and payment amount below: Please note that final size selection will be determined during the jury process. Please try to estimate accurately your space. This includes if you will be bringing a refrigerated truck to store your goods. Once setup your space will be verified and adjustment made in your final billing. (Space depth cannot exceed 20 feet.) Booth space feet x feet x $4 = $ Craft Vendor Fee & Space: Craft vendors are charged a fee based on the size of your booth including trailer tongue length and 10% of weekend sales. Please note that final size selection will be determined during the jury process. Please try to estimate accurately your space. Once setup your space will be verified and adjustment made in your final billing. (Space depth cannot exceed 20 feet.) Booth space feet x feet x $4 = $ Craft Vendor Fee & Space: Craft vendors are charged a fee based on the size of your booth including trailer tongue length and 10% of weekend sales. Please note that final size selection will be determined during the jury process. Please try to estimate accurately your space. Once setup your space will be verified and adjustment made in your final billing. (Space depth cannot exceed 20 feet.) Booth Details: Please fill in the information as accurately as possible, to avoid any on site problems. A photo of your booth is required with this application. I have a Pull Trailer/cart/bus booth. Service is from: End Side Awning Size: X (if one is used) Which direction does the trailer tongue face from the service side? I have a tent booth. * Service is from: End Side. *Tents must be white or natural in color. Tent Rental Fee: If vendors would like to rent a tent from us (which we will put up and break down) the fees are: 10 x 10 - $ x 20 - $ x 20 - $ x 20 - Call for Quote Event Payment System and Festival Commission: Our festivals will be using a cashless RFID system. Each vendor will be issued one tablet for processing payments, additional tablets may be requested for an additional $25. All cash, credit and RFID transactions must be processed using the tablet. You will be fined $500 per occurrence for any transaction not ran through our POS system, as well as being asked to leave. You as the vendor are responsible for the return of the tablet(s), a $1000 fee will be charged if a tablet is not returned at the close of the event. Credit card readers are prohibited. A 3.5% Country Crossings Music Festival, BNB, LLC Page 2

3 processing fee will be assessed for all digital revenue (credit, debit and RFID transactions). Please read the contract carefully regarding POS. Commission of 20% for food and 10% for craft vendors of Adjusted Gross Revenue ( Festival Revenue Share ) will be charged on all Vendor transactions carried out during the Event, the remaining 80% for food vendors and 90% for craft, less processing fees as stated above ( Vendor Revenue Share ) shall be paid by Festival Owner to Vendor in check form within 30 days of the events closure. Vendor Passes: Food Vendors are provided four, four-day pass lanyards, per 10 ft. of frontage rented up to a maximum of eight. * Craft Vendors are provided three, four-day pass lanyards per 10 ft. of frontage up to a maximum of six. * Vendor lanyards will be provided at check-in. *Additional passes are available for a fee which is the same as a General Admission Ticket. Parking: Vendors are provided two vendor parking passes per 10 ft. of frontage rented up to a maximum of six. Additional parking passes can be purchased for $50 each in advance. Please list vehicles below with make, model and license plate # (list all that apply, attach additional sheet if needed.) ATVs, Quads or Side-by-Sides of any kind are not allowed. Make Model License Power: * You are required to bring your own extension cords. If the event has to provide one there will be a $50 deposit. Minimum size required: 10 gauge x 50ft. * Personal generators are ONLY allowed to operate in an emergency. Water: On-site water is limited. You should have an emergency water storage container. Water is available by two sources, water manifold in food service area and an on-site potable water tank. If you need water, please provide your own 50-foot hose. (Must be Health Department approved.) Camping: Will you need on-site camping? Yes, Qua. No Vendor Camping Fee: $200 each. Vendors are allowed 6 people per site. Menu: Please attach a menu of items being sold and price points. Your application will not be considered without a complete menu of food/products and price points attached. Your menu is subject to change based on sponsor exclusivity clauses negotiated by BWCMF up to 120 days prior to the event. You will be notified at that time of any additional product restrictions, beyond those listed below. Beverages: Country Crossings Music Festival, BNB, LLC Page 3

4 All vendors selling soft drinks are required to sell PEPSI products. No cans are allowed. The CCMF Pepsi representative will contact you to place your soft drink order for the weekend. The CCMF has exclusive rights to energy drinks in the venue. Water sales must be an approved brand of water, and price point. The event will negotiate the price per bottle through our provider for you. All profits from water sales go towards on-site fundraising for schools and non-profits associated with the festival. Food vendors are not permitted to include coffee on your menu, unless preapproved. Food vendors caught selling unauthorized drinks could be removed from the festival venue. Wednesday Vendor Set-up and Check-in: Vendors are required to arrive and set up your space on Wednesday, July 25 th, Your designated load in time will be forwarded to you by . All vendors will have a designated arrival time to facilitate a smoother load-in for all. Please do not try to come early. Those who do will be asked to wait off to the side until their designated load in time. Days and Hours of Operation The festival is a 4 (four) day event. All vendors are required to be open during the vendor hours. On all days gates will open two-hours before the first scheduled main stage concert. All vendors must open daily and remain open through the final concert on Sunday. Daily vendor hours are: Thursday 3:00PM-10:00PM Friday 1:00PM-11:00PM Saturday 11:00AM-11:00PM Sunday 12:00PM-10:00PM Jackson County Health Department: Vendors must have a temporary food establishment license and be Health Department approved. Forms for the license are available on-line at Health/Rules-Forms-and-Applications The Jackson County Health Department will be on the grounds to inspect your booth on Thursday, July 26 th, 2018 at 10am. There must be at least one person in the vendor area at all times holding a valid food handlers permit. Permit questions should be directed to: Jackson County Health Fire Regulations: Food vendors are responsible for following all State of Oregon Fire Codes. All booths must be made from a material that is either flame resistant or treated with flame retardant. The materials must either be tagged flame resistant by the manufacturer or you must have proof of the application of the retardant product (i.e., have the can available for the marshal to look at). Fire extinguisher(s): each vendor is required to supply at least (1) fire extinguisher that is in accordance with the State Fire Code (minimum size 2A 10BC). If using a wok or deep fryer, an additional Type K fire extinguisher is required. All propane tanks must be connected by an approved hose and placed at least ten feet outside cooking enclosures and a minimum of ten feet from any other enclosure. All fryers if in an enclosed area must have a state approved fire suppression system. Questions should be directed to Deputy Chief Fire District 3 John Patterson at The local fire marshal will be doing inspections on Thursday July 26 th, 2018 at 10am. Someone must be at your booth for this to ensure smooth inspection process. Country Crossings Music Festival, BNB, LLC Page 4

5 Deadline: Fully completed applications, including all requested attachments, must be received by Feb 1 st, There will be no exception to this date. Vendor space is limited. Space is reserved on a First Come First Served basis and is approved by jury selection. Payment: Your non-refundable payment is due within two weeks of notification of approval (all returned or NSF checks will be assessed a $50 fee). Please make checks payable to: BootsNBeach, LLC or by credit card by calling WCMF (9263) Booth Fee: (see pricing chart above) $ Additional Vendor Passes (GA ticket price) $ Additional Parking Passes ($50 each) $ Camping ($200 each) $ Tent/s Rental $ TOTAL DUE UPON ACCEPTANCE $ By submitting this application, I affirm that the facts in it are true and complete. I understand that if I am accepted as a vendor, any false statements, omissions, or other misrepresentations made by me on this application may result in my immediate removal from consideration. I have read and agree to the Terms and Conditions outlined herein. Vendor Signature: Date: Mail, Fax or application to: Willamette Country Music Concerts (BNB), LLC Attn: Vendor Coordinator PO Box 23638, Eugene, OR (541) 345-WCMF (9263) Office - (541) Fax mike@countrymusicconcerts.com ACCEPTED BY FESTIVAL OWNER: BOOTSNBEACH, LLC: Date: Full Payment Due By: Country Crossings Music Festival, BNB, LLC Page 5

6 Electrical Addendum (required to complete application) List the appliances that will need electricity (electricity is limited, please try to minimize your needs). Appliance Voltage (110 or 220) Amps Please list the NEMA number of any specialty or 220V plugs for equipment you will be using: Country Crossings Music Festival, BNB, LLC Page 6

7 VENDOR AGREEMENT TERMS & CONDITIONS This Vendor Agreement (the Agreement ) is made and entered into effective the date stated on the signature page (the Effective Date ) by and between the party listed as the Vendor (the Vendor ) on the last page of this Agreement and (Promoter) ( BootsNBeach, LLC ). In this Agreement, Vendor includes Vendor s officers, directors, members, managers, agents, employees, and contractors. (Promoter) has entered into agreements with the (vendor) under which (Promoter) will organize, produce, promote, and manage the (Country Crossings Music Festival) (the Festival ), an annual music festival. The 2017 Festival will be held for a total of (Four) days and is currently scheduled for (July 26-29, 2018) at (Jackson County Expo Central Point, Oregon) (the Venue ). When this Agreement refers to the Festival, it refers to the weekend of the Festival unless the context clearly indicates otherwise. Now, therefore, the parties agree as follows: 1. Services. In return for the agreed upon fee to be paid by the Vendor to (Promoter), throughout the Festival, the Vendor will perform the following services (the Services ): vending or exhibitor services as agreed upon by the parties. The Vendor will devote his/her/its best efforts and necessary resources (including labor, materials, equipment, and tools) in providing the Services in a professional and workmanlike manner in accordance with generally accepted industry standards. The Vendor will comply with all federal, state, and local laws and regulations relating to the Services. Under no circumstances is (Promoter) liable for any fees, expenses, or services, unless (Promoter) has agreed to such fees, expenses, or services in a document executed by an authorized (Promoter) representative. 2. Insurance. (a) Without limiting or qualifying Vendor s liabilities, obligations, or indemnities, the Vendor will obtain before the Festival, at its sole cost and expense, the insurance coverages listed below. The insurance will contain a provision that it cannot be reduced or cancelled unless and until the insurance company notifies (Promoter) thirty days prior as certificate holder. (i) Commercial general liability insurance, including broad form contractual liability, personal injury liability, advertising liability, and products/completed operations liability coverage with minimum limits of liability of $1,000, each occurrence, $2,000, general aggregate, $1,000, products completed operations aggregate, and $50, damage to rented premises. (ii) If Vendor will have a vehicle on site, auto liability insurance covering owned, non-owned and leased or hired vehicles with the minimum amounts of $1,000, each accident. (iii) The Comprehensive General Liability Insurance policy shall name the following as additional insured. Vendor shall submit these individual certificates of additional insured to BNB, LLC as a component of its registration materials. Additional insureds (each requires a separate certificate): Festival Owners: BootsNBeach, LLC PO Box Eugene, OR Property Owners: Fair Board Jackson County P.O. Box 3635 Central Point, Or Country Crossings Music Festival, BNB, LLC Page 7

8 Certificates must be received by our compliance officer, Mike Dunn by , no later than 60 days prior to the event. Vendor space will be forfeited if certificates are not received. 3. INDEMNITY. (a) BY VENDOR. VENDOR WILL INDEMNIFY, HOLD HARMLESS, AND DEFEND (Promoter), AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AFFILIATED ENTITIES, AGENTS, AND EMPLOYEES (COLLECTIVELY THE (Promoter) INDEMNIFIED PERSONS ) FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, DEMANDS, SUITS, OR LIABILITY, INCLUDING REASONABLE OUTSIDE ATTORNEYS FEES AND EXPENSES (COLLECTIVELY LOSSES ) ACTUALLY AND REASONABLY INCURRED BY A (Promoter) INDEMNIFIED PERSON, TO THE EXTENT SUCH CLAIM ARISES OUT OF OR IS RELATED TO: (A) VENDOR S NEGLIGENT PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT; AND/OR (B) ANY MATERIAL BREACH OF THIS AGREEMENT BY VENDOR. NOTWITHSTANDING THE PRECEDING, VENDOR HAS NO INDEMNIFICATION OBLIGATIONS TO THE EXTENT SUCH LOSSES ARE CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF THE (Promoter) INDEMNIFIED PERSONS. AS OF THE EFFECTIVE DATE, VENDOR WILL USE BEST EFFORTS TO REQUIRE ANY THIRD PARTY THAT VENDOR CONTRACTS WITH RELATED TO THE FESTIVAL TO INDEMNIFY (Promoter) IN THE SAME MANNER AS ANY SUCH THIRD PARTY INDEMNIFIES VENDOR. 4. Vendor will be solely responsible for any and all sales, use, or other taxes, fees, permits, and surcharges imposed by any federal, state, county, or municipality in connection with the fulfillment of the Vendor s obligations under this Agreement and any other agreements. 5. Termination. Before the Festival, any agreement, including this Agreement, between (Promoter) and Vendor will be subject to cancellation by (Promoter) with or without cause upon 3 days prior written notice to Vendor at no cost to (Promoter). (Promoter) may terminate any agreement, including this Agreement, immediately without notice upon (Promoter) s reasonable determination of cause. If such termination is made during the Festival, the Vendor will immediately leave the grounds of the Festival and any dispute regarding the existence or lack of existence of reasonable cause to terminate the agreement will be resolved after the Festival. Upon termination of this Agreement for any reason, with or without cause the Vendor will deliver all records, notes, data, memoranda, models, and equipment of any nature that are in his/her/its possession or under his/her/its control and that are (Promoter) s property or relate to (Promoter) s business. 6. Vendor Liability. Vendor will be responsible for any and all damages, injuries, claims, charges and costs, whether tangible or intangible, to persons or property that in any way arise out of or relate to the performance of the Services whether performed by Vendor or any other persons/entities under the Vendor s control or direction. (Promoter) has no liability for damage or theft of Vendor s materials or equipment except to the extent (Promoter) has agreed in writing to assume liability for materials on-site and then only for any damage or theft solely due to the negligence or misconduct of (Promoter). 7. Reduction of Space Where a Vendor wishes to reduce the size of his booking the Space or commitment after acceptance by the Festival Owner then written notice of such wish must be forwarded to and received by the Festival Owner by recorded delivery post. The Festival Owner reserves the right to apply the scale of cancellation charges to the total cost according to the amount by which the original stand Space was reduced. The Festival Owner may resell or reallocate the Space in question and the Vendor will be allocated an alternative location. The Festival Owner shall be under no obligation to accept any request by the Vendor to reduce the size of the Vendor s booking Space. 8. Space Not Occupied The Vendor must occupy the Space allocated to him by the show opening time on the first day of the Event as set out in the Contract. Any Vendor failing to do so will be deemed to have cancelled his space booking for the Space unless he serves written notice on the Festival Owner requesting the space to be kept allocated to him. In this event Country Crossings Music Festival, BNB, LLC Page 8

9 the terms and conditions relating to cancellation will apply and the Festival Owner may resell or reallocate the Space. 9. Attendance 9.1 The Vendor acknowledges that the Festival Owner shall not be held responsible for the failure of all or any other contracted Vendors to attend the Event or the failure of any number of attendees to attend the Event for any reasons. 9.2 Any Contract shall not be conditional on the presence, absence or location of any other Vendor at the Event or any other Event. 10. Exclusion of Personnel The Festival Owner reserves the right in its absolute discretion to exclude or remove from the Event any person whose presence is or is likely to be undesirable and the Festival Owner may exercise such right notwithstanding that any such person is the employee, agent or contractor of the Vendor or otherwise in any way connected or associated with the Vendor. 11. Covenant. Each party covenants and agrees to comply with all federal, state and local statutes/regulations relating to ensuring the proper safety and health precautions are taken to protect the work, the workers, the public and the property of others. 12. Injuries. Vendor waives any rights to recover from (Promoter)for any injuries that Vendor (and/or Vendor s employees and subcontractors) may sustain while performing services under this Agreement unless and to the extent the injuries are due solely to s negligence or misconduct. 13. Independent Contractors. The parties and their respective personnel, are and will be independent contractors and neither party by virtue of this Agreement will have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party. 14. Compensation and Settlement Compensation. In consideration of Producer making the Concession Space available to Vendor for its vending operations in connection with the Event, Vendor agrees to pay the following amounts to Producer: (a) A non-refundable registration fee, the calculated Total Due Upon Acceptance, $.00 (the Registration Fee ) to reserve its Concession Space, payable by check, credit card or money order to BootsNBeach, LLC no later than two week after acceptance notification or 02/01/2018 (whichever occurs first), and (b) An amount equal to 20% of Food Vendor s and 10% of Craft Vendor s total Adjusted Gross Sales (the Producer s Share ). For purposes of this Agreement Adjusted Gross Sales means gross revenue actually received from sales of Vendor s Menu Items (including credit card processing fees, not including gratuities payable to Vendor personnel), less, credits and refunds actually issued or applied, including Meal Vouchers Expenses (a) The Registration Fee includes a standard package of basic utilities (electric and water), working credentials, and point of sale ( POS ) tablets, all as set forth in Vendor s Registration packet. (b) To the extent Vendor requires additional utilities, tenting, rentals, working credentials, or POS tablets with cash drawers (the Additional Services ), Vendor shall request the same through Producer s Vendor Registration Application no later than 01/31/2018. Vendor shall be responsible for any and all costs associated with requested Additional Services as more fully described below. Country Crossings Music Festival, BNB, LLC Page 9

10 (c) Except as expressly set forth herein, Vendor shall be solely and exclusively responsible for any and all costs incurred in connection with its vending operations at the Event including but not limited to personnel, labor, Vendor Materials, transportation, food, lodging and other ancillary costs. (d) Transfer Restrictions. Working credentials shall be limited to Vendor s employees or staff actually working at the Event. Any resale, distribution, transfer or misuse of Event tickets or passes is strictly prohibited and breach of this provision will be deemed to be a material breach of this Agreement. In addition, Vendor shall be charged the value of any tickets or passes transferred in violation of this provision Settlement. (a) Producer reserves the right to conduct an on-site audit of all sales generated by Vendor during the course of each day of the Event. If, on any day of the Event, Vendor s daily cash sales exceed fifty percent (50%) of its total daily sales, Producer shall have the right to collect such excess cash amounts from Vendor to facilitate Reconciliation (as defined below) and settlement. (b) 30 days following to the Festival end date, July 29, 2018, Producer shall settle and pay Vendor its total Adjusted Gross Sales less the following amounts: (i) (ii) (iii) Producer s Share: an amount equal to the Producer s Share (as defined above), less Additional Services: the cost of the Additional Services, if any, used by Vendor, and Retained Cash: cash amount retained by Vendor at Reconciliation (d) To the extent Producer determines, in its sole discretion, that repairs or removal and cleanup of Vendor s Concession Space or surrounding areas is necessary, Producer may retain an amount equal to ten percent (10%) of the amount payable to Vendor, to cover potential unreimbursed losses to Producer for the cost of repairs, from damages to Vendor s Concession Space, including its tent and surrounding areas, or significant removal or cleanup costs associated with its vending operations, and release the remainder, if any, to Vendor no later than 9/30/2018 or vendor may instruct said deposit may be rolled over to the following calendar years event. (e) Vendor shall be ready, willing and able to reconcile at the time set forth in the closing schedule. The time set forth therein is of the essence. If Vendor is delayed or not ready to reconcile at such time, Vendor shall pay a five hundred-dollar ($500) penalty and its Reconciliation may be delayed until all other vendors have finished reconciling Taxes. Vendor shall pay any and all taxes and make all tax filings as required under applicable laws, including but not limited to all federal, state and local taxes, workers compensation payments, unemployment insurance, and payroll taxes should any and or all apply. Vendor is responsible for all sales and use tax collection and remittance to the appropriate authorities. Vendor agrees to pay any and all penalties or interest imposed by applicable state authority relating to sales and use tax collection and remittance resulting from its vending operations at the Event. 15. Entire Agreement. This Agreement contains the entire agreement between the parties relative to the Festival and supersedes any other prior understandings, written or oral, between the parties with respect to this subject matter. THE PARTIES FURTHER ACKNOWLEDGE AND AGREE THAT, IN ENTERING IN TO THIS AGREEMENT, THEY HAVE NOT IN ANY WAY RELIED UPON ANY ORAL OR WRITTEN AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, Country Crossings Music Festival, BNB, LLC Page 10

11 NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT. No variations, modifications, or changes in the Agreement are binding on any party to the Agreement unless set forth in a document duly executed by or on behalf of such parties. To the extent there is a conflict between this Agreement and another executed document between the parties related to the Festival (whether the other document is executed before or after this Agreement), the terms of this Agreement control except to the extent that the other document specifically identifies a section of this Agreement and states that it is amending that particular section. 16. Force Majeure. Any delay or failure of either party to perform its obligations under this Agreement is excused to the extent that it is caused by a Force Majeure Event, provided the party claiming a Force Majeure Event promptly notifies the other party of the Force Majeure Event, the anticipated duration of the Force Majeure Event, and the steps being taken to remedy the failure. In this Agreement, a Force Majeure Event is an event or occurrence beyond a party s reasonable control, including acts of God, actions by governmental authority (whether valid or invalid), fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage or labor problems. If the Event or a portion of the Event cannot be held due to a Force Majeure Event, (Promoter) will refund the Vendor s fee as follows: (a) if the entire Event is canceled due to a Force Majeure Event, (Promoter) will refund the entire fee paid by the Vendor under this Agreement; (b) if the entire Event is not canceled, but one or more full days of the Event is canceled due to a Force Majeure Event, (Promoter) will refund a pro rata portion of the fee paid by the Vendor under this Agreement for each full day of the Event that is canceled due to a Force Majeure Event. The pro rata portion of the fee refunded is calculated based upon the number of full days canceled due to a Force Majeure Event divided by the number of days of the Event at which the Vendor is scheduled to provide Services. Other than the refund of the fee as provided in this Section 13, (Promoter) has no responsibility to Vendor for cancellation of all or part of the Event due to a Force Majeure Event. 17. Survival. Those provisions of this Agreement that by their nature extend beyond termination or expiration of this Agreement will survive such termination or expiration. 18. Waiver. No waiver of a breach of any provision of this Agreement is effective unless approved in writing by the waiving party. If a party at any time fails to demand strict performance by the other of any of the terms, covenants, or conditions set forth in this Agreement, that waiver does not constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provision of this Agreement. 19. Assignment. This Agreement is personal to each of the parties, and neither party may assign or delegate any of its rights or obligations under this Agreement without first obtaining the other party s written consent. 20. Governing Law and Venue. This Agreement is to be governed and construed according to the laws of the State of Oregon without regard to conflicts of law. The proper exclusive venue for resolution of any dispute related to this Agreement is only in Lane County, State of Oregon. Both parties consent to jurisdiction and venue in Lane County, State of Oregon. 21. Laws and Regulations. Each party will take all reasonable actions, at such party's expense, as necessary to comply with all applicable laws, ordinances, and regulations relating in any way to its performance under this Agreement. 22. Counterparts. The parties may execute this Agreement in any number of counterparts, each of which is deemed an original, but all of which together constitute one and the same instrument. This Agreement may be executed by facsimile, PDF, or other electronic signature. 23. Construction. All parties have been advised to seek their own independent counsel concerning the interpretation and legal effect of this Agreement and have either obtained such counsel or have intentionally refrained from doing so and have knowingly and voluntarily waived such right. Consequently, the normal rule of construction to the effect that any drafting ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or any amendment or exhibits. 24. Vendor. In this Agreement, Vendor means (please print): Country Crossings Music Festival, BNB, LLC Page 11

12 . By their signatures or their representative s signature, the parties agree to and accept this Agreement. (Promoter) By: Date: VENDOR By: Date: Booth Name: (print) Country Crossings Music Festival, BNB, LLC Page 12