Market Vendor Contract – Famtastical Festival

MANDATORY – All Market Vendors must read and agree to the following contract.

ENTITLEMENTS

The Booth Space consists of:

10′ x 10′ of operational space (Vendor/purchaser provides tent and furnishings)
Roving on-site security provided through-out the event, including set-up and take-down
Admission credentials
Opportunity to sell signature items
Opportunity to promote your company on-site with coupons, promotional materials and name identified uniformed employees
On-site set-up begins Friday (day prior to event date) , 6 pm after street closures are complete
IMPORTANT NOTE: A schedule of load-in times and designated location will be published and distributed prior to set up date. If a vendor does not load-in at their designated time, the Festival CANNOT guarantee your assigned location nor participation.

Vendor agrees to provide all operational equipment (i.e. tents, displays, tables and chairs).
Vendor agrees that booth location is determined by The Famtastical Festival. Booth location and fee are non-transferable.
Vendor agrees to arrange all electrical needs through the Phoenix Famtastical Festival designated power supplier in advance and agrees to full payment of all electrical costs with the application and initial payment.
Vendor agrees that all booth decorations must be tasteful and reflect Theme of individual vendor and must be flame retardant and meet fire code regulations and stay within the boundaries of allotted booth space.
Vendor agrees to sell only material souvenirs and not food or beverage items.
Vendor agrees to behave in a professional manner or he will be dismissed from the festival grounds without a refund. Any vendor suspected of alcohol or drug usage, unruly or uncooperative behavior during the festival, set-up or take-down, will be dismissed from the festival without a refund.
Vendor agrees not to damage Phoenix Famtastical Festival property in any way (i.e. nails, staples, paint, etc.) and agrees to pay for any damages therein.
Vendor agrees to set-up and sell only in the assigned booth space. Any set-up outside the 10′ x 10′ allotted space will incur an additional booth space fee. The booth space must operate all hours of the Phoenix Famtastical Festival and vendor may not leave prior to close of the festival. Roaming the site or selling from multiple locations within the festival site is not permitted and could result in removal from the event with no refund.
Vendor understands that no payroll or employment taxes of any kind shall be withheld or paid with respect to the Phoenix Famtastical Festival. Additionally, no worker’s compensation insurance or liability insurance will be provided to the Market Vendor. Market Vendor assumes all risk and liability associated with an outdoor event including theft and climate weather of any type. In the event of cancellation of the Phoenix Famtastical Festival, any fees paid to the event will not be refunded and will become donated to Back-to-School Clothing Drive.
Vendor understands and agrees to adhere to the following policy: Phoenix Famtastical Festival, LLC, staff and volunteers do not promote any specific religious preference or personal value to the children they serve. In alignment with this commitment and out of respect for the diversity of children and families that attend the Phoenix Famtastical Festival we request that for the duration of the festival corporate sponsors, media partners, vendors and volunteers refrain from offering booth activities or distributing materials that promote a specific personal value or religious preference.

ACCEPTANCE
Applicants will be notified of their status no later than two weeks prior to event date. Applicants who are accepted will receive a contract and an Information Packet containing your staff credentials, parking passes, etc.

BOOTH FEES
All booth fees are due upon registration and submission of vendor application. INSTALLATION OF EXHIBITS
Load in for all Vendors will be as follows:*Between the hours of 7 a.m. to 9 a.m. on event date.
Vendor will be assigned a specific time at a date closer to the festival.
* All Vendors MUST BE completely set up by 9 a.m. on Saturday, Event Date.
The hours of operation will be 10 am – 5 pm.*Load out will commence after 5 p.m. on event date when the location is cleared. Load out with a vehicle may only begin when the crowd has cleared and PFC gives Vendor express permission with an escort. Any items unclaimed by the Vendor as of 8 a.m. the day after the Event shall become the property of Phoenix Famtastical Festival.

SPACE ASSIGNMENTS
The Festival has complete control of Event diagrams and space assignment, and reserves the right to make modifications on Event diagrams which are believed to be accurate but only warranted to be approximate. Further, PFF reserves the right to assign space(s) in such a manner as it deems appropriate in its sole and absolute discretion, notwithstanding the foregoing.

IMPORTANT NOTE: A schedule of load-in times and designated location will be published and distributed prior to set up date. If a vendor does not load-in at their designated time, the Festival CANNOT guarantee your assigned location nor participation.

ASSIGNMENT, SUBLETTING OF EVENT SPACE
No Vendor shall assign, sublet or share the Event Space allotted to such Vendor without the knowledge and written consent PFF. 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
Phoenix Famtastical Festival reserve the right to restrict Vendor exhibits which, because of safety, noise, method of operation, materials or display, in the opinion of PFF, may detract from the general character of the Event as a whole. Accordingly, PFF 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 PFF. Phoenix Famtastical Festival reserves the right to prohibit any equipment that is deemed unsafe or appears to be unreasonable in PFF judgment. All equipment and heavy machinery must be cleared and approved in writing and in advance by PFF staff. All demonstrations or promotional activities must be confined within the limits of the Vendor Event Space. Demonstrations or activities that cause annoyance to neighboring Vendors such as flashing lights or noise or result in obstruction of walk space or prevent ready access to a nearby booth will not be permitted.

ADDITIONAL POWER NEEDS
Each Vendor needing electrical supply must request requirements with Phoenix Famtastical Festival. Generators must be of the quiet variety. Some power averages to be used as an example are:
1 Blender – 15 amps
1 Small Fridge – 10 to 15 amps
1 Small TV – 2 amps

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. The attached Application contains an Electrical Services Request Form which must be completed with each Application. You MUST submit ALL power needs at the time of the application. If no power is indicated, you will not be receiving power!

CANCELLATION BY VENDORSAs 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 Phoenix Famtastical Festival.

FORCE MAJEURE
The Phoenix Famtastical 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, 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 ($1,00,000 per occurrence) and name Phoenix Famtastical Festival, as additional insured. Proof of insurance MUST BE RECEIVED NO LATER THAN TWO WEEKS PRIOR TO EVENT. In no event, shall Phoenix Famtastical Festival l, 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 as PFF or event sites may require and shall deliver to PFF copies of all such policies of insurance and/or certificates thereof as either PFF or Event sites may request.

RULES AND REGULATIONS
Should Vendor fail to strictly adhere to and follow the Rules and Regulations set by PFF, then Vendor shall be in default under this Agreement and PFF 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 PFF 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.

AMENDMENTS
Phoenix Famtastical Festival reserve the right to make changes to these rules (the “Rules and Regulations”) as seen fit.

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