This is the agreement signed and agreed to by all vendors participating in the 2017 Sequim Lavender Festival Street Fair.
THIS AGREEMENT is made June 14, 2017 by and between the Sequim Lavender Festival®, hereinafter referred to as “Festival,” and ________ hereinafter referred to as “Vendor”. For and in consideration of the mutual covenants and promises herein, the parties agree as follows:
Nature of Agreement – Festival authorizes Vendor to sell the items that were described in the Street Fair application and accompanying photographs at the Sequim Lavender Festival Street Fair, July 21, 22, & 23, 2017.
Products – Vendor is authorized to sell only the items and prices represented on the Vendor’s application and approved by the Festival. The Festival reserves the right to approve or disapprove any change in product.
Location – Each Vendor shall be assigned a booth space by Festival.
Festival Dates and Times – The term of this Agreement is from the date of execution through and including July 25, 2017. Vendor specifically agrees to be present and open for business throughout the Street Fair, Friday and Saturday from 9am to 7pm, and Sunday from 9am to 5pm. No exceptions are permitted.
Payment – payment received. This is a non refundable payment.
Production Responsibilities – Vendor shall provide all equipment, personnel, signage, and be responsible for keeping booth space clean. Vendor shall limit space used to the inside of the booth space provided. There shall be no sales of items in the space behind the booth, and no “roaming” with products or market material. Each Vendor is required to have a minimum of 30 pounds of weight on each tent leg. You are also required to have a fire proof tent with tags for the fire Marshall. These requirements will be strictly enforced.
Liability – Vendor agrees to indemnify and hold harmless Festival Management, Sponsors, Sequim Lavender Growers Association, and the City of Sequim in which this Festival is held, and their officers, agents, volunteers and employees, from all claims, losses, suits, damages, judgments, expenses, costs and charges of every kind, including, court costs and attorney’s fees, resulting from its occupancy of the space herein under contract by reason of personal injuries, death or property damages. Vendor further agrees to indemnify and hold harmless Festival Management, Sponsors, Sequim Lavender Growers Association, and the City of Sequim in which this Festival is held, and their officers, agents, volunteers and employees, from any claims and for all damages, costs and expenses, including, without limitation, court costs and attorney’s fees and amounts paid in settlement incurred in connection with such claims arising out of acts of negligence of Vendor, his agents or employees. This paragraph shall survive termination of this Agreement. If you have the “Certificate of Liability Insurance”, please provide a copy with your returned signed page or you may bring day of festival set-up.
Loss & Damage – Vendor releases Festival Management, Sponsors, Sequim Lavender Growers Association, and the City of Sequim in which this Festival is held, and their officers, agents, volunteers and employees of any liability for the care, custody or control against loss, theft, vandalism, fire or other damage to Vendor’s property which may occur during the Festival, whether resulting from fire, storms, acts of God, theft, pilferage, mysterious disappearance, bomb threats or other causes. All Vendor property is brought to the Festival and displayed at Vendor’s risk and should be protected by Vendor at all times.
Discretionary Matters – Festival has sole responsibility for, and control over, scheduling and location of Vendor’s activities, and all matters affecting the success of the Festival as an integrated production.
Compliance with Laws and Regulations – Vendor shall at all times comply with all applicable laws, ordinances, rules and regulations and orders of federal, state, county, and city government. Vendor shall abide by all rules, regulations, and directives prescribed by Festival.
Media and Publicity Rights – Vendor agrees to permit Festival to photograph or make sound or video recordings of Vendor’s activity in connection with this Agreement and permits use of such photographs or recordings for publicity purposes without further compensation.
Misrepresentation of Handmade Items – Vendor agrees that all merchandise offered by Vendor as handmade must meet Festival standards for handmade items. Vendor agrees not to misrepresent items that are manufactured as handmade. If merchandise is misrepresented, Vendor will immediately cease sale of the item and may be excluded from future festivals.
Family Event – The Festival is a family event taking place in a small community. There is no smoking in the booths. Language shall be in keeping with the spirit of the Festival, and clothing worn by vendors shall be appropriate to a family-oriented event. Vendors are not allowed to have pets in their booth, except approved service animals. Documentation required for such service animals. If you are not in compliance with community standards regarding smoking, language, dress, and pets and do not respond to request to modify such, we reserve the right to immediately terminate participation in this event.
Termination – Festival Management reserves the right to cancel this Agreement, without refund, if Vendor is in violation of any of the terms and conditions of this Agreement.
Act of God – In the event that scheduled activities shall be prevented by an act of God (excepting inclement weather), physical disability, the acts or regulations of public authorities, or any cause beyond the reasonable control of Festival and Vendor, both shall be relieved of their respective obligations for the services so prevented.
Contractual Relationship – Nothing contained in this Agreement shall render Vendor the agent or legal representative of Festival for any purpose whatsoever or constitute a partnership, employment relationship, or joint venture between Vendor and Festival.
Governing Law – This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. Venue for any action brought pursuant to the terms of this Agreement shall be in Clallam County, Washington. In any action or proceeding to interpret or enforce the provisions of this Agreement, the prevailing party shall be awarded its costs and expenses including but not limited to reasonable attorney’s fees.
Severability – If any provisions of this Agreement are held to be invalid or unenforceable, the remaining provisions of the Agreement shall nevertheless continue to be fully valid and enforceable.
Entire Agreement – Integration – This document sets forth the entire agreement between Festival and Vendor and no modification, amendment, waiver, termination or discharge of this Agreement shall be binding upon either party unless approved and delivered in writing. This Agreement integrates and supersedes all prior and contemporaneous agreements, undertakings, covenants, or conditions, whether oral or written, expressed or implied, to the extent they modify, contradict, or conflict with the provisions hereof.
In witness whereof, the parties hereto have executed this Agreement on the day and year first above written.
SEQUIM LAVENDER FESTIVAL®: VENDOR: PLEASE SIGN and return.