This contract is an offer to a potential vendor subject to the acceptance of Blacktoberfest. Further, the contract does not become effective until such acceptance by Blacktoberfest. The decision of Blacktoberfest must be accepted as final in any dispute or any situation not covered by this contract.

ELIGIBLE EXHIBITS: Blacktoberfest reserves the right to decline or to prohibit any products, services, giveaways, contests, exhibit, or portions thereof and to permit only such matter or conduct as shall be approved by Blacktoberfest; and further reserves the right to reject any application and/or to limit space assigned to any one vendor or company.

LIMITATION OF EXHIBITS: Blacktoberfest reserves the right to stop or remove from the festival premises any vendor, or his representative who is performing an act or practice which in the opinion of Blacktoberfest is objectionable or detracts from the dignity of the event or is unethical or not in keeping with the business purposes of the event. Blacktoberfest reserves the right to refuse admittance of exhibits, materials, and/or staff personnel to the event until all dues and fees are paid in full. Blacktoberfest further reserves the right to make such changes, amendments, and additions to these rules and such further regulations as it considers necessary for the benefit of the event.

SUBLETTING: Subletting or donation of space partially or in its entirety is not permissible without the written consent of Blacktoberfest.

USE OF SPACE: All sales on-premises, taking of orders for future delivery, conferences, lectures, displays, and distribution of literature will be limited exclusively to vendors and must be conducted in a dignified manner and must be confined completely within the leased space. Vendor must comply with all laws, rules, and regulations, and ordinances in force. No noise making devices or public address systems shall be permitted without specific approval of Blacktoberfest. The vendor must properly staff the exhibit during all festival hours. No vendor may dismantle his exhibit until after the closing hour of the event. No food products or beverages may be sold or distributed from vendor’s space without prior approval of Blacktoberfest.

CONTESTS AND PRIZES: Any and all raffles, drawings, or contests conducted by the vendor must be approved by Blacktoberfest, following formal registration of such raffle, drawing, or contest as outlined in Show material. Such raffles, drawings, or contests are subject to all laws and municipal restrictions. Prizes offered by vendors must be awarded within one week of the event’s close, and Blacktoberfest must be informed of the name, address, and phone number of all winners at that time.
If contest entries will be used to generate contact lists, or if entrants will be contacted or solicited in any way by either mail or telephone, the entry blank must bear the following disclaimer: “Contest or drawing participants will be contacted by mail and/or telephone to receive product or service information.” All contact lists, mailing lists, and telephone lists generated as a result of raffles, drawings, or contests are for the exclusive use of the vendor which conducts the raffle, contest, or drawing. Under no circumstances may such information or lists be given, transferred, or sold to any third party or to any other firm or individual.
 
MATERIALS SUBJECT TO LICENSE OR RESTRICTION:
Vendor shall bear sole responsibility and liability for any and all licenses and/or fees that arise under United States Copyright Law. Within the vendor’s leased space and within such space as the vendor may use for the presentation of any lecture, demonstration, and/or performance this responsibility and liability shall apply to all performances, both live and recorded, of music or other material subject to restriction and/or license. The vendor agrees to protect and save harmless Blacktoberfest against any and all claims for loss, injury, lack of license or payment, or damage to persons or property, brought on behalf of any person, firm, or licensing agency, and arising out of acts, omissions or negligence of vendor, its agents, or employees.

CARE OF SPACE: Vendor shall care for and keep in good order all space occupied by them and surrender such space at the close of the festival in the same condition as it was when taken over. If the participants, vendor, his employees, patrons, or guests shall damage the space occupied, vendor shall pay such claims as are necessary to restore the space to its original condition. Vendor is liable for any and all damage caused to walls, floors, columns or other surfaces and objects or to the property of the other vendors.

DESTRUCTION OR INTERRUPTION: If Blacktoberfest determines that the premises where the festival is to be held have become unfit for occupancy, or if the premises are materially interfered with by reason of strike, embargo, injunction, act of terrorism, act of war, an act of God, any other emergency, or any act or event, this agreement may be terminated or suspended by Blacktoberfest. In the event of such termination or suspension, the vendor waives any and all damages and agrees that Blacktoberfest may, after deducting all costs and expenses, including a reserve for claims, refund to the vendor as and for complete settlement and discharge of said vendor’s claim and demands their prorate amount of all monies paid by all vendors. In no circumstance shall Blacktoberfest's total liability exceed the total amount of dues, fees, and rental paid by the vendor to Blacktoberfest under this contract. In the event that for any reason the event is not held as proposed, the vendor shall receive a refund of any amounts paid for exhibit space, less reasonable deductions for overhead expense incurred, releasing all claims or damages against Blacktoberfest.

INSURANCE AND LIABILITY:  Blacktoberfest shall not be responsible for loss or damage occurring to the exhibits or merchandise from any cause. Small and valuable exhibit material should be packed away or secured each night and at all times when vendor staff is not available for supervision. If insurance is desired, it must be obtained by the vendor at his expense and initiative. The vendor agrees to protect and save harmless Blacktoberfest against all claims for loss, injury, or damage to persons or property arising out of the activities of the vendor, his agents, employees, or guests occurring within the leased space of the vendor; to defend Blacktoberfest against any and all such claims; and to reimburse and indemnify Blacktoberfest for any loss, damage, expense or payment suffered thereby. Vendors must furnish their own public liability insurance.

Producer of the festival is Black Brew Culture, Rocky Mount, North Carolina 27804.