1. Drop off / Pick up: Accepted vendors will be contacted to schedule drop times with marketplace organizers. The marketplace’s managers and staff will solely be responsible for arranging items in the store. Certain artists, and/or disciplines or themes will be featured on a rotating basis. Vendors cannot remove their work during marketplace hours. Vendors must make arrangements with Organizers to collect and remove all of their unsold products (and materials associated with the display thereof) from the marketplace once the term has ended. Any unsold works or materials left behind after the designated pickup time cutoff shall be considered abandoned, and will become the property of the Organizers. The Organizers, in their sole discretion, may dispose of said property in any manner it deems proper, including, without limitation, by sale, disposal, or destruction.
2. Point of Sale: Holyoke Art will collect all monies paid for the purchase of work at the Store at the time of the sale at a single point-of-sale/register. All forms of tender will be accepted - cash, checks and all major credit/debit cards. Holyoke Art will incur all fees associated with credit/debit card transactions. Checks will be made payable to Holyoke Art.
3. Fees/commission: Holyoke Art will deduct a 30% commission fee from the total monies collected for the sale of a Vendor's work at the store. This commission covers sales tax, credit card fees, Point of Sale fees, Artery staff and operational expenses, and marketing.
4. Payment: Holyoke Art will issue a check to the Vendor for the remaining net proceeds (total monies collected minus 30%), on a quarterly basis.
5. Assumption of Risk: The Vendor explicitly assumes all risks associated with, resulting from, or arising in connection with the Vendor’s participation or presence at the Marketplace, specifically including, but not limited to, all risks of theft, loss, harm, damage, or injury to the person including death, property, business, or profits of the Vendor, whether caused by negligence, intentional act, accident, or otherwise. The Vendor has sole responsibility for their property and/or exhibits from any theft, damage, or the loss to such property (whether or not stored in any courtesy storage area, loading dock, or bag, including but not limited to any subjugation claim by its insurer). The Organizers shall not be responsible or considered a bailee for property delivered by or to the Vendor even in the event that such delivery is shipped to the Organizers or passes through the temporary control of the Organizers.
6. Limitation of Liability: Under no circumstances shall the Organizers be liable for any lost profits or any incidental, special, indirect, punitive, or consequential damages whatsoever for any acts or omissions whether or not warned of the possibility of any such lost profits or damages. Under no circumstances shall the Organizers’ maximum liability ever exceed the amount actually paid to the Organizers by the Vendor for grid and/or table space rented under this Contract. The Organizers make no representations or warranties, expressed or implied, regarding the number of persons who will attend the event or regarding any other matters. Any vendors selling prepared food or ingestible items must produce required federal, state and local documentation upon request.
7. Indemnification: Vendor shall indemnify and hold harmless Organizer and its partners, collaborators, contractors, and affiliates from any and all damages and expenses relating to this contract, including without limitation attorneys’ and experts’ fees and litigation costs.
8. Terms: Vendor agrees to abide by all instructions, Rules and Regulations of Print Shop Inc, Massachusetts International Festival of Arts (MiFA), City of Holyoke, and marketplace managers, partners, and its affiliates. Except as contained herein, there are no representations or warranties, expressed or implied. Any changes in this agreement must be in writing and signed by both parties. The Organizers shall have sole discretion in the interpretation and enforcement of all Rules, Regulations contained herein, and the power to make such amendment, thereto, and such further Rules and Regulations, as it shall consider necessary for the proper conduct and success of the marketplace. The Vendor acknowledges that failure to abide by the terms of this Vendor Agreement shall be considered in breach of contract that may result in the loss of the Vendor’s shop privileges including, but not limited to, expulsion from the marketplace without recourse or refund. If the Vendor has assigned an Agent, that Agent is hereby granted permission to act on behalf of the Vendor with regards to all aspects of the Vendor’s works and sale thereof. The Vendor understands that they are legally bound by the actions of the Vendor’s designated Agent.
