PLEASE READ CAREFULLY. This Vendor Agreement (“Agreement”) will be enforced to ensure the best possible, profitable participation for all vendors. By purchasing and paying this deposit you are agreeing to the terms and conditions below:
The Event will provide you (“Vendor”) with the following:
* Reserved parking and staff admission credentials
* Opportunity to sell signature menu items
* Opportunity to promote your company on-site with coupons, menus, promotional materials, and name-identified, uniformed employees
MENU ITEMS AND PRICING
All menu items must be approved by the festival prior to the event.
CHARACTER OF EXHIBIT
The Festival reserves the right to prohibit the display of any article that, in its sole discretion, is not in keeping with the nature and character of the event. To ensure the safety of all participants, fire regulations, health and all other applicable ordinances must be strictly observed. Vendor must be in compliance with all state, city, and county health code provisions.
Vendors are required to abide by all fire safety laws set by the state, city and county fire departments. All vendors should provide their own fire extinguisher, "K" extinguishers must be provided when cooking operations create grease laden vapors, each vendor is responsible for having the appropriate fire extinguisher for their cooking operation. Your fire extinguisher must be up to date and not expired.
The Festival has complete control of event diagrams and space assignment.
ASSIGNMENT, SUBLETTING OF EVENT SPACE
No vendor shall assign, sublet or share the event space allotted to them. No products, parts, accessories or other goods, souvenirs, catalogs, etc. bearing names or other forms of advertising other than that of the Vendor may be displayed. No firm or organization not assigned event space shall be permitted to solicit business within the event areas.
USE OF SPACE
Same Same But Different Festival [SSBD] reserves the right to restrict vendor exhibits which, because of safety, noise, method of operation, materials or display, in the opinion of SSBD, may detract from the general character of the event as a whole. Accordingly, SSBD may, at its sole discretion, prohibit such exhibits from being kept or utilized by vendor in or around the event area, in which event; Vendor shall immediately remove such exhibits as directed by SSBD.
FOOD VENDOR SIGNAGE
Vendors may use own signage to promote menu and offerings.
ADDITIONAL POWER NEEDS
Please let us know if you require more than one 20 amp circuit (additional costs may apply)
Please note that in order to ensure the right amount of power each vendor must check the power requirements for their specific equipment. Additional power requests the day of the event may not be available and if so they will be charged at a premium.
CANCELLATION BY VENDORS
As occupancy of the event space is the essence of the agreement, no refunds shall be made in connection with any rental space fee after the acceptance of said fee by Same Same But Different Festival.
Same Same But Different Festival will take place rain or shine. The Festival shall not be liable for any cancellations, delays or failures in performance due to circumstances beyond its control. In case of cancellation of the event or unavailability of the event space for specified use due to war, governmental action or order, act of God including, but not limited to, weather, fire, strike, labor disputes, pandemic or any other cause beyond the festival’s control, this agreement shall terminate, and the vendor shall be entitled to the return of the rental space fee for the event Space less an amount equal to the total costs and expenses incurred by The Festival in connection with the preparation of Vendor’s Event Space. Refund of the Rental Space Fee (or a portion thereof, as applicable) as provided in this section, shall be the exclusive remedy of the Vendor against The festival or its representatives, employees, agents, invitees, licensees, affiliates, and all other related parties in the case the event is canceled or rescheduled or the event space is unavailable for use. In case of damage to the vendor through war, governmental action or order, act of God, including, but not limited to, weather fire, strike, labor disputes, or any other cause beyond the festival’s control, the vendor expressly waives all liability and completely releases and holds harmless The festival of and from any and all claims for damage to person and property and agrees that the festival shall have no liability whatsoever.
INSURANCE AND LIABILITY
Prior to the festival, vendors must show proof of general liability insurance ($1,000,000 per occurrence) and name Same Same But Different LLC, as additional insured. Proof of insurance MUST BE RECEIVED NO LATER THAN two weeks prior to the event. In no event, shall Same Same But Different LLC, nor their representatives, contractors, nor corporate sponsors of the Event be responsible for any injury, loss nor damage that may occur to the vendor’s employees, agents, contractors, representatives, or property from any cause whatsoever. It is the vendor’s responsibility to protect machinery, perishables, and exhibits so that no injury will result to the public visitors, guests, or persons, or property. If property does not appear to be properly maintained, it will be promptly withdrawn from the event site. All property of the vendor, including food-stuffs and other perishables is understood to remain in Vendor’s care, custody and control in transit to, from, or within the confines of the event area subject to the rules and regulations. The Vendors, on signing the Agreement expressly release, hold, keep, save harmless and indemnify the foregoing persons and entities, named organizations and committees, and individuals from and against all claims for such a loss, damage, or injury. Vendors must carry appropriate insurance through such carriers and containing such limits, terms and conditions and shall deliver to SSBD copies of all such policies of insurance and/or certificates.
RULES AND REGULATIONS
Should Vendor fail to strictly adhere to and follow the rules and regulations set by SSBD, then vendor shall be in default under this Agreement and SSBD may immediately terminate this agreement upon notice to vendor. In the event of a default by the vendor, the vendor shall forfeit as liquidated damages the amount paid by him for his event space, regardless of whether or not SSBD enters into a further lease for the event space involved. Said damages are agreed to in no way constitute a penalty, but rather a reasonable estimate of PFF damages which are incalculable with any degree of certainty.
Same Same But Different reserve the right to make changes to these rules (the “Rules and Regulations”) as seen fit.