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Special Event Agreement (Vendor)
Recitals
Whereas, The Hill Country Antique Tractor & Engine Club, The Club, sponsors the Annual Antique Tractor and Engine Show which involves vendors, and
Whereas, The Club is desirous of being indemnified and held harmless and making certain agreements as hereinafter provided:
Now therefore, for and in consideration of the mutual covenants and promises contained in this Agreement and for such other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties hereto hereby agree as follows:
A. Concession Agreement
1. The Vendor agrees to provide and operate The Vendors Concessions at The Special Event. The Vendor shall not have the right to operate any other concessions, or to sell any other products, goods or services, during the Special Event, except as provided herein.
2. The Vendor shall have its booth set up not later than 6:00 p.m. on
_______________ . The Vendor shall open The Vendors Concessions to the public not later than _______________ on each day of The Special Event and shall continuously maintain The Vendors Concessions open to the public until _______________ on each day of The Special Event.
B. Rights and Obligations of The Club
1. The Club shall provide space to be utilized by The Vendor in operating The Vendors Concessions.
2. The Club shall have the right to terminate this Agreement immediately and to remove The Vendor and The Vendors property from The Special Event, when in the sole opinion of The Club, The Vendor is disruptive to The Special Event, or if The Vendor otherwise engages in conduct which The Club deems to be unprofessional, offensive or harmful to other persons attending The Special Event, or to The Clubs reputation or business.
Special Event Agreement (Vendor)
C. The Vendors Rights and Obligations
1. The Vendor shall observe and comply with all state, federal and local laws, rules, regulations and ordinances applicable to The Vendor, including, without limitation, all state, federal and local laws, rules, regulations and ordinances dealing with the sale and handling of food products (if applicable), the protection of the environment and/or the handling and disposal f waste and other hazardous substances, public health, public safety and fire codes.
2. The Vendor shall, at its own cost and expense, obtain all necessary permits, licenses, authorizations and assurances required by federal, state or local laws, rules, regulations or ordinances in order to allow participation at The Special Event.
3. The Vendor acknowledges that it has inspected the space or grounds to be utilized by The Club in sponsoring The Special Event, that it is satisfied with its physical condition and its suitability for its intended use, and that it accepts such space or grounds in its existing condition.
4. The Vendor shall maintain the space to be utilized by The Vendor in operating The Vendors Concessions in a safe, sanitary and sightly condition and in good repair during The Special Event. The Vendor agrees that, at its own cost and expense, it shall repair and yield such space back to The Club at the conclusion of The Special Event in at least as good a condition as it was in prior to The Special Event
5. The Clubs representatives may enter the space utilized by The Vendor for the purpose of inspecting the same, at any time before, during and after The Special Event.
6. The Vendor agrees to indemnify, defend, keep and save harmless The Club, its shareholders, officers, directors, agents, employees, representatives, successor and assigns, from and against all losses, costs, damages, expenses, suits, claims or liabilities of any kind whatsoever arising out of or related to, directly or indirectly, the conduct of The Vendor, or anyone else or with regard to any event or happening, at The Special Event.
7. The Vendor shall, prior to The Special Event, obtain a comprehensive public liability insurance policy, from an insurance carrier acceptable to The Club, the amount, form and content of which shall be acceptable to The Club. Such insurance shall name The Club, and its officers, directors and shareholders, as additional insureds.
Special Event Agreement (Vendor)
8. The Vendor acknowledges and agrees that The Club, its shareholders, officers, directors, agents, employees and representatives, shall not be liable for any damage to the goods, wares, merchandise or other property of The Vendor, its employees, invitees, customers, subcontractors, or any other persons, nor shall The Club, its shareholders, officers, directors, agents, employees or representatives be liable for injury to The Vendor, its employees, agents, vendors, contractors, subcontractors, or others. The Vendor waives any and all claims against The Club for such damages or injury.
9. The Vendor shall not assign its rights or delegate its duties hereunder.
10. The Vendor shall not display any signs not approved by The Club.
D. Miscellaneous Provisions
1. Nothing contained in this Agreement is intended or should be construed as in any way creating or establishing the relationship of partners or joint venturers between The Club and The Vendor or as constituting The Vendor or any officer, owner, employee or agent of The Vendor as agent, representative or employee of The Club for any purpose or in any manner whatsoever, and that it shall not represent to any third parties that such is the case.
2. It is understood and agreed by the parties hereto that time is of the essence in this Agreement and this applies to all terms and conditions.
3. This Agreement is for The Special Event only and creates no rights in The Vendor with respect to any subsequent special events.
4. This Agreement and any schedules or exhibits attached hereto shall constitute the entire agreement between the parties, and no warranties, inducements, considerations, promises or other references shall be implied or impressed upon this Agreement that are not expressly addressed herein.
5. This Agreement shall be governed as to performance and interpretation in accordance with the laws of the State of Texas, and the parties hereto agree that venue over any causes or controversies arising under or from this Agreement shall lie in a court of competent jurisdiction in Gillespie County, Texas.
Revised 4-4-04Special Event Agreement (Vendor)
In witness, the parties have caused this Agreement to be signed as of the date hereof.The Club
By________________________________________________________
Printed Name_______________________________________________
Office Held_________________________________________________
The Vendor
By________________________________________________________
Printed Name_______________________________________________
Title______________________________________________________
Revised 4-4-04
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