VENDOR TERMS AND CONDITIONS Applicants and approved vendors will be referred to hereinafter as Exhibitors. Steve LeVine Entertainment will be referred to hereinafter as Management. The Ostrich Festival, which takes place Friday, March 9, 2018 through Sunday, March 11, 2018 at Tumbleweed Park in Chandler Arizona will be referred to hereinafter as Festival. 1. DISPLAY: Material used for the booth construction will be at the expense of the lessee and removed no later than 5:00 p.m. on Monday, March 12, 2018. Any decorations consisting of natural materials such as straw, corn stalks, dried flowers, pine, etc. must be sprayed with fire retardant and tagged with date of spraying and product used. No Free Food or drink is to be given away in this rented space without approval from the Management. Public address systems will not be permitted in booths. Booths must be open during all hours of the festival. No raffles are permitted on the fair grounds at any time. Free drawings are allowed, but no raffles where money is exchanged. No vendor set-ups, or part of a vendor set-up, may be removed until the closing hour of the last day of the Festival. 2. AISLES: The aisles and passageways remain under the control of the Management, and no signs, decorations, banners, advertising material or exhibit, will be permitted in those areas except by permission of the Management. All exhibits and personnel must remain within the confines of their own spaces. No Exhibitor shall erect signs or display products obstructing the view. These might occasion injury or prove a disadvantage to the displays of other Exhibitors. 3. EXHIBITOR AGREEMENT: A. The Exhibitor agrees to abide by all rules and regulations by Management and contained in this Agreement and in Information Packet, which is part of this Agreement. B. All matters not covered in these rules and regulations are subject to the decision of Management. Exhibitor agrees that Management shall have the final decision in any disputes between Exhibitors and the adoption of any rule or regulation deemed necessary prior to, during, and after the Festival. C. Exhibitor agrees to abide by all rules, requirements and regulations of the official contractors serving the City of Chandler, and all rules, requirements and regulations of the City of Chandler and the State of Arizona. It is the Exhibitor s duty to be familiar with rules, requirements and regulations contained herein and in the Information Packet that is available on-line and in print. D. In the event an Exhibitor defaults in the performance of any of the terms and contained in this Agreement, and Management employs attorneys to enforce any part of the Agreement, Exhibitor shall reimburse Management for attorney s fees incurred whether or not a suit is actually filed. E. Exhibitor agrees to obtain, at its own expense, any licenses and/or permit(s) and/or authorization from government bodies which may be required for the operations of the
Exhibitor s trade of business and to pay all taxes levied against Exhibitor as a result of the operation and business during the Festival. F. Management reserves the right, in its sole discretion, to: (1) determine the eligibility of Exhibitors and exhibits for the show; (2) reject or prohibit exhibits or Exhibitors which Management considers objectionable; (3) relocate Exhibitors or exhibits when, in Management s opinion, such moves are necessary to maintain the character and/or good order of the Festival; and (4) should any rented space remain unoccupied on the opening day, or at any time thereafter, Management may rent said space to another Exhibitor, but this shall not negate the obligation of the no show. Exhibitor to pay the full amount of the rental Agreement, whether or not said space is resold. G. Exhibitor must warrant it is properly licenses by the appropriate authorities to sell and operate the products and services it is offering the public at the show. 4. INSURANCE: Management will carry liability insurance; however, said insurance will not under any circumstances cover losses of any kind incurred by the Exhibitor. Said insurance will not cover the Exhibitor should a claim of liability arise between the Exhibitor and any attendee. Exhibitors are responsible for obtaining their own general liability insurance for the Festival dates, including set-up and takedown times. The Exhibitor hereby indemnifies Management and the owners and Management of the City of Chandler against any claim or suit arising between Exhibitor and any other Exhibitor, contractor or attendee during the period of the Festival. 5. LIABILITY: The Exhibitor is entirely responsible for the space leased by her or him and shall not injure, mar, or deface the premises. Neither shall the Exhibitor drive or allow to be driven any nails, hooks, stakes or screws into any part of the park without express written permission from Management. Furthermore, Exhibitor shall not affix to any existing part of the Festival any advertisement, signs, etc., or use Scotch tape, masking tape, or any other adhesive materials on painted surfaces. The Exhibitor agrees to reimburse Management, for any loss or damage to the premises or equipment occurring in the space leased to the Exhibitor. Management or their sponsors shall not be liable for failure to perform its obligations under this contract as a result of strikes, riots, Acts of God, or any other causes beyond its control. 6. SPACE: The contracted Space is to be used solely by the Exhibitor whose name appears on the contract and no portion can be sublet or assigned. 7. GUARANTEE: Management does not guarantee in any way the attendance figures for any event. Management does not guarantee the success of any Exhibitor. 8. INDEMNITY: A. Exhibitor accepts all risks associated with the use or occupancy of the exhibit space and environs and shall not make any claim or demand to take any legal action whatsoever against
Management, attendees or the City of Chandler for any loss, damage, or injury howsoever caused to the Exhibitor, their officers, employees, agents or their property. B. Exhibitor agrees to indemnify and hold harmless Management against all claims, fees, losses, suits, damages, judgments, expense costs and charges of every kind resulting from Exhibitor s occupancy of the exhibit space or its environs, for any reason or resulting from personal injuries, death, property damages or any other cause sustained by the Exhibitor or its officers, agents. C. Show Management is not responsible for any errors, omissions, typos, misspellings, etc., in any show publication, advertising or electronic media. 9. EXHIBITOR S PROPERTY: A. Although security service will be furnished for the show, all of the Exhibitor s property at the show shall be at the sole risk of the Exhibitor. Neither Management nor the City of Chandler assumes any responsibility for damage to, loss, or theft of property belonging to Exhibitor, its agent, employees, business invitees, visitors or guests. B. Exhibitor agrees to remove its exhibit from show site by the final move-out time. In the event of a failure to do so, Exhibitor agrees to forfeit its security deposit paid to Management. A breach of any conditions of this Agreement, which shall result in damages to Management, or a failure by Exhibitor to remove any exhibit equipment at the time determined by Show Management, shall cause the Exhibitor to become immediately liable on any unpaid sums owing hereunder. 10. ALCOHOLIC BEVERAGES: Exhibitors and their employees, agents, and guests shall not sell or consume any alcoholic beverages. Management in its discretion may remove any Exhibitor from the show without refund for violation of this restriction. 11. INSTALLATIONS: Any special carpentry, wiring, electrical or other work, water, or drainage connections shall be installed at Exhibitor s expense, and within Management s rules and requirements. 12. CANCELLATION OF CONTRACT: If this Agreement is cancelled by Exhibitor for any reason, or by Management because of an Exhibitor s default or violation of this Agreement, monies paid to Management shall be retained as follows: If cancellation occurs 30 days or more before the first day of the show, Management shall retain 50% of Exhibitor space rental fee and shall return the balance paid to Exhibitor. If cancellation occurs within 29 days or less prior to the first day of show, Exhibitor is liable for the entire cost of the booth space, which includes money paid and any outstanding balance. Management shall retain these monies as liquidated damages for the direct and indirect costs incurred by Management for organizing, setting up and providing space for Exhibitor, and losses and additional expenses caused by Exhibitor s withdrawal including re-let of the space. To receive a refund, cancellations must be in writing.
13. NO EARLY TAKEDOWN: Exhibitor agrees not to begin dismantling the booth or display materials before 10:00 p.m. on the last day of the Festival. Doing so will result in loss of $200 security deposit. 14. CANCELLATION OF FESTIVAL: Should the premises where the Festival is being held become unavailable for occupancy, for cause or causes not within the control of Management, Management and sponsors will not be held responsible for any claims which might arise in consequence thereof. 15. CHECK POLICY: There will be a $50.00 handling charge for any check returned for any reason. Two (2) weeks prior to the event only cash or certified checks and credit cards will be accepted. 16. MUSIC: Exhibitor agrees that it shall not perform nor have performed for it or on its behalf, either live or by mechanical means of playing by radio, television, VCR, DVD, phonograph, CD (compact disc), taped cassette or recording of any other means, nor transmit by any means, any copyrighted musical composition during the show or at any official function which is part of, affiliated with, or held in conjunction with the show. This is the rule unless the Exhibitor shall first have attained from the owner of the copyrights of all music to be performed, or from an agent of the owner legally authorized to grant permission, license or other proper authorization for the public performance of the copyrighted music, and shall have first attained authorization and permission for Exhibitor to publicly perform the copyrighted music at the show. Exhibitor will provide Management with a copy of each such document, authorizing Exhibitor the rights to publicly perform copyrighted music at the show, and this copy must be provided to Show Management no later than ten (10) business days prior to the first day of the show. If Exhibitor has not provided copies of such documents to producing Show Management as provided and described herein, Exhibitor agrees that it shall not perform or have performed on its behalf, or by any means of presentation, any copyrighted music at the show. 19. LIMITATION OF LIABILITY: In addition to the specific provisions in this Agreement, Management shall have no liability whatsoever arising out of, or related to, this Agreement in particular, but limited to any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or the like, whether based on breach of contract, breach of warranty, tort including negligence,) even if advised of the possibility of damages. 20. CONSENT TO USE OF EXHIBITOR S LIKENESS: Exhibitor hereby consents to Management s royalty-free use of visual and audio reproductions of Exhibitor and its employees and exhibit(s) including without limitation, recordings, photographs, video tapes, film and other images of likenesses for the purpose of Management s advertisement and promotion of this show and future shows.
21. SUPPLIES: Management will not provide office supplies/extension cords/etc for customers or vendors. 22. NON-ALCHOLIC BEVERAGES: No beverages other than Coca-Cola products, purchased from Management s exclusive distribution partner will be allowed to be sold at the Festival. The only exceptions include fresh-brewed coffee or lemonade, tea or cocoa). Signs or displays featuring other products should not be utilized, or competing logos should be covered or removed. 22. COMPETE CONTRACT: A. This Agreement, together with the Rate Sheets and FAQ page on the website provided by Management, constitutes the complete Agreement between Management and the Exhibitor. This Agreement supersedes all previous or contemporaneous negotiations, arrangements, or understandings between Management and the Exhibitor with respect to the subject of this Agreement. B. No modification of this Agreement shall be valid unless approved in writing by Show Management. C. This Agreement shall be instituted in the courts of Maricopa County, state of Arizona, and all obligations hereunder shall be performable in Arizona. All legal actions brought to enforce rights under this Agreement shall be instituted in the courts of Maricopa County, state of Arizona. D. This Agreement shall not be construed against either party.