Premium Space Market Place Vendor
Your Booth will be identified with a sign upon arrival for set up.
The vendor will operate the booth during RIBFEST hours as follows:
Set up: Thursday, June 7, 2018: noon to 8:00 pm
Set up: Friday, June 8, 2018: 8:00am to 11:00am.
Friday, June 8, 2018: noon to 11:00 pm
Saturday, June 9, 2018: 11:00 am to 11:00 pm
Sunday, June 10, 2018: 11:00 am to 7:00 pm. Vendors must clear the site by midnight.
- Booth assignment is at the Festivals discretion but in the area you requested
- All vehicles must be off-site by 11:00 am on Friday, Saturday and Sunday
- Payment in full must be received by May 15, 2018, your space will be released.
- The vendor is responsible for ensuring that their booth area is clean, passes a health inspection and all legal and municipal requirements.
- If applicable, Region of Durham Food Vendor Form must be submitted to: http://www.durham.ca/departments/health/food_safety/specialEventsAppVendors.pdf
- Garbage removal is the responsibility of the vendor.
- Individual generators are NOT PERMITTED on site.
- Limited Power will be made available when it is available
- The vendor booth must be staffed during the operating hours of the RIBFEST.
- The Rotary Club of Bowmanville is not responsible for any vendor product loss or booth damage during the RIBFEST, although security will be present during the RIBFEST event.
- The Rotary Club of Bowmanville has the exclusive right for the sale of ice, water & soft drinks.
- Vendors must supply a copy of your insurance coverage for the three days stating coverage and name the Rotary Club of Bowmanville and the Municipality of Clarington exempt from liability.
- The Rotary club is not responsible for any licensing fee that may be due to the Municipality of Clarington
- All food related vendors must complete http://www.clarington.net/en/town-hall/resources/permits-and-licences/mobile-refreshment-vehicle-application.pdf
There will be no refunds.
Payment of the above-described contract and the acceptance of the same contract binds both parties.
Terms And Conditions
I hereby agree to the following terms:
Rotary Club of Bowmanville (the “Management”) hereby grants the Exhibitor a limited non-exclusive, non-assignable license to occupy booth space within the outdoor market within the assigned area during the duration of the Festival, subject to the rules and regulations contained in this document form part of this agreement and upon the following terms and conditions:
THE BOOTH SPACE APPLICATIONS AND CONTRACT (the “Agreement”) will become a binding contract when payment is confirmed via email by Management
TERM The term of the license shall commence at 9 a.m. (EST) the morning of the festival and shall end at midnight. of the final day, and shall extend to those times before and after the Festival for installation and removal of exhibits/displays as Management may advise (the “Term”)
PAYMENTS Payment are required as follows: a) Payments for booth space shall be made in full upon booking. No application shall be considered complete without payment, and spaces cannot be held without payment.
b) The Exhibitor shall be liable for and responsible to pay any and all taxes imposed in connection with the license granted hereunder including without limitation any applicable retail sales taxes, business license taxes, goods and services taxes, customs and duties.
c) If any amounts payable are not received in accordance with this paragraph 3 then, at the option of Management, this Agreement may be terminated and, without prejudice to any other remedies it may have, Management may retain any amounts already paid as liquidated damages and not as a penalty.
ASSIGNMENT OF BOOTH SPACE All applications for booth space are subject to availability and Exhibitor eligibility. Exhibitor acknowledges that the Management may not be able to assign the specific booth or square footage applied for, in which case Management will advise the Exhibitor of the available booths or square footage, as the case may be. In situations where more than one Exhibitor applies for the same booth space, booth space will be allocated to the first Exhibitor forwarding the required payment for a given booth space. Management reserves the right to allocate booth space and after the location(s) of the booth(s) based on the general appearance and overall planning of the Festival. Exhibitors may not transfer or sublicense all or part of its assigned booth space without the prior written consent of Management. While Management tries in earnest to accommodate special requests, Management cannot guarantee special request fulfillment ie. Vendors requesting specific placement.
EXHIBITOR a) Management reserves the right to determine the eligibility of all Exhibitors and the appropriateness of products being displayed and/or sold in accordance with the theme of the Festival prior to acceptance of this Agreement.
b) The Exhibitor shall provide Management with a list of products intended to be displayed and/or sold at the Festival for the purpose of determining eligibility. Management will not consider acceptance until this list is submitted. Acceptance is at the sole discretions of Management.
c) The Exhibitor must be the authorized agent of all products intended to be displayed and/or sold at the Festival.
d) The Exhibitor agrees to comply with all applicable Federal, Provincial and Municipal laws, regulations, rules, orders, bylaws and directions from Festival staff.
EXHIBITOR’S BOOTH Exhibitor will be responsible for the arrangement of products and exhibits/displays within its designated booth space. All products and exhibits/displays (including without limitation any and all materials and equipment) used in Exhibitor’s designated booth space must conform with and meet the requirements of applicable Municipal, Provincial and Federal laws, regulations, rules, orders, by-laws and directions as well as any rules, regulations and guidelines of the Town covering hazardous substances, fire, safety, health and all other matters. The Exhibitor agrees to abide by and conform with the display limitations as outlined in the Exhibitor Manual and in the rules, regulations and guidelines of the Festival and agrees to permit the management and/or Festival staff, at any time, to enter and inspect the Exhibitors designated booth space. Management and/or Festival staff shall have the right to remove such persons or property as may be deemed necessary in order to ensure the safe and orderly operations of the Festival and the market. No Exhibitor may dismantle its exhibit/display until after the official closing of the Festival. Failure to comply may be cause to revoke future exhibiting privileges. The Exhibitor further agrees to remove, at its expense, all products and exhibits/displays from the Festival by no later than 12 p.m. (EST) on the final day of the Festival, or such other time as may be designated hereafter by the Management, and to leave the premises in a clean, orderly state. In the event that the exhibitor fails to do so, the Exhibitor agrees to pay for such additional costs and expenses as may be incurred by Management as a result thereof which may include the removal and storage or disposal of Exhibitor’s products and exhibits/displays by Management and/or the Town, it being acknowledged that neither Management nor the Town shall be liable for any claims, damaged, losses, costs or expenses arising from Exhibitor’s failure to remove its products or exhibits/displays within the allotted time
SALE OF MERCHANDISE a) Exhibitors offering retail merchandise for sale are responsible for obtaining all licenses and permits from municipal, provincial or federal; authorities which may be required to operate or conduct trade or business during the Festival and pay all taxes that may be levied against it as a result of the operations of its trade or business in the booth space (including the collection and remittance of retail sales tax and HST).
b) Exhibitors shall not, under any circumstances, solicit business in aisles or booth(s) other than their own nor shall they distribute samples and/or leaflets outside of the confines of their designated booth space; Management reserves the right to prohibit the distribution or use of any offensive or objectionable material.
c) Exhibitors shall not, under any circumstances, move their operations outside their designated booth space. Exhibitors who move their tents or other components of their exhibit outside their designated area will be asked to move back to their designated area. Vendors who refuse to comply with staying within their designated area may have festival staff move components of their exhibit back to their designated area. Vendors who refuse to comply to operate within their designated area forfeit participation in future events.
d) Products or services offered for sale to Festival visitors must have prices displayed. e) Exhibitors shall not engage in any deceptive, misleading, illegal or unethical practices or advertising; any deception or misrepresentation by the Exhibitor or by anyone on its behalf as to any of the items shall be sufficient cause for termination of this agreement.
CANCELLATION BY EXHIBITOR Whether or not the booth space is later assigned to another party, upon cancellation of the Agreement by the Exhibitor, the Exhibitor will forfeit all payments made to date, as liquidated damages and not as a penalty, without prejudice to any other remedies Management may have.
EXHIBITOR CONDUCT The Exhibitor shall conduct itself in a manner and operate its equipment at a level of sound that is considered to be proper and acceptable to the welfare of the Festival, other Exhibitors and Festival visitors as determined at the sole discretion of Management. No microphones will be permitted in an Exhibitor’s booth space. Exhibitor shall be solely responsible for all acts or omissions of the Exhibitor and its employees, agents and sub-contractors at any and all times while the Exhibitor is in occupation of its designated booth space or any portion of it and Exhibitor shall indemnify the Management from any and all claims, damages, losses, costs and expenses arising therefrom. DEFAULTS In the event that the Exhibitor:
a) Fails to occupy its designated booth space by the time set for completion of exhibits/displays for the Festival;
b) Fails or refuses to comply with the orders or requests of the Management or Festival staff;
c) Permits any conduct or act which in the opinion of the Management is improper, or renders it inadvisable that the Exhibitor should be allowed to continue carrying on business under this Agreement, or
d) Fails to comply with the terms and conditions of the Agreement Management shall have the right to take whatever action is deemed to be necessary to enforce the provisions of this Agreement and, without limiting the generality of the foregoing, Management may terminate this Agreement and take possession of Exhibitor’s designated booth space, without refund of any amount of monies paid to date by the Exhibitor and without prejudice to any other remedies that Management may have. If necessary, Management shall have the right to remove the Exhibitor and all its property from the area in question at the Exhibitor’s sole cost and expense. Management shall not be liable in damages or otherwise by reason of any such actions. Management reserves the right, but shall not be obligated, to assign such booth space to another exhibitor in order to mitigate its damages.
INSURANCE The Exhibitor, at its own expense, shall provide to Management, not later than thirty (30) days prior to the commencement of the Term, a certificate of comprehensive general liability insurance, to cover the entire period of the Festival, issued by an insurance company licensed to transact business in Canada in a form satisfactory to Management and in which Management and each of its officers and servants shall be named additional insureds. Such insurance shall provide a minimum limit of liability of two million dollars ($2,000,000.00) for bodily injury and/or property damage in any one occurrence, shall include a cross-liability clause and be endorsed to name Rotary Club of Bowmanville and the Municipality of Clarington as additional insured and shall provide that it will not be canceled or materially altered prior to the termination of the Term. The Exhibitor acknowledges that its equipment and property at the festival market is not protected by insurance against fire, theft, vandalism, etc by the festival market and the protection of such is the responsibility of the Exhibitor.
LIMITATIONS OF LIABILITY Management will provide adequate and reasonable volunteers for the Festival. However, neither management nor the Town, nor any of their respective directors, officers, employees, volunteers, agents or sub-contractors (collectively, the “Releasees”) will be liable for, and the Exhibitor hereby releases and forever discharges the Releasees from and against, any and all sub-contractors arising out of or in any way related to the Exhibitor’s use and/or occupation of booth space, the Exhibitor’s attendance at and participation in the Festival, or the acts or omissions (negligent or otherwise) of the Exhibitor, its employees, agents or sub-contractors, notwithstanding that such loss or damage may have been contributed to or occasioned by the negligence of one or more of the Releasees. The Exhibitor’s products, property and exhibits/displays while at the festival market shall be at the sole risk of the Exhibitor.
INDEMNITY The Exhibitor agrees to indemnify and hold the Releasees, and each of them, harmless from and against any and all losses, damages, actions, claims, liabilities, costs, expenses, rights and demands of any nature or kind whatsoever, including but not limited to personal injuries, death, disability, property damages, and legal fees and expenses for litigation and settlement, arising out of or in any way related to the license granted hereunder, any occurrence in or upon or at the Facility, the Exhibitor’s use and/or occupation of booth space, the Exhibitor’s attendance at and participation in the Festival, the Exhibitor’s violation of any laws or ordinances the violation or breach of any provision of this Agreement by the Exhibitor, or the acts or omissions (negligent or otherwise) of the Exhibitor, its employees, agents or sub-contractors, notwithstanding that any such loss or damage may have been contributed to or occasioned by the negligence of one or more of the Releasees.
CANCELLATION OF FESTIVAL In the event that the Festival is cancelled or not held by reasons of acts of God, strikes, lockouts or other labour or individual disturbances, interruptions by government or court order, future valid orders of any regulatory body having jurisdiction, acts of public enemy, wars, riots, strike, fire, lightning, tempest, flood, explosion and/or other causes beyond the control of Management, as organizers, then Management shall in no way whatsoever be liable to the Exhibitor by reason of its failure to deliver the booth space other than to return to the Exhibitor, without interest, such sums as have been paid to Management pursuant to the terms hereof less the Exhibitor’s pro-rata portion of any and all expenses incurred by Management relating to the Festival which shall include, but are not limited to, all amounts which Management is or becomes legally obligated to pay to the Management pursuant to the terms and conditions of the Festival Agreement or otherwise and all costs incurred with regard to promotion and publicity related to the Festival. Management reserves the right to change Festival dates, shorten the duration of the Festival or relocate the Festival as circumstances warrant.
AMENDMENT Management reserves the right to amend or interpret these terms and conditions as necessary in the specific and general interest of the Festival.
DAMAGE TO TOWN PROPERTY Exhibitors agree that nothing shall be posted on, tacked, nailed, screwed or otherwise attached to the street, sidewalk, planters, garbage receptacles, light standards or buildings, or any other structure, within the street where the Festival market occurs. Any costs incurred in protecting the street and any of the aforementioned structures within will be at the expense of the Exhibitor. Exhibitors are liable for any and all damage caused to the downtown or to other Exhibitor’s property which occur through acts or omissions of the Exhibitor, its employees, agents or sub-contractors, and Exhibitor shall indemnify and hold the Releasees, and each of them, harmless from any and all claims, damages, losses, costs and expenses arising therefrom.
APPROVAL of vendor applications is at the sole and unfettered discretion of the Ribfest Organizers
10 x 10 Booth ($500) + (credit card processing fee), 10 x 20 Booth ($950) (credit card processing fee), Custom Space