1. Application must be complete & signed for review. Incomplete applications will not be considered. The Event Cooperative reserve the right to decline any applicant for any reason.
2. Permits and Licensing
a. Vendors are responsible for obtaining all required governmental permits (i.e., health, fire, business, city licenses, insurance, etc.). Any Vendors serving food must abide by all rules and regulations set by the South Carolina Department of Health and Environmental Control (“DHEC)
b. Upon execution of this Agreement, copies of all required governmental permits and licenses must be submitted to The Event Cooperative.
c. A failure to submit these documents within 30 days before the event may result in a vendor being removed from the event & any vendor fees paid to date will be forfeited.
d. Any permits and licenses that expire prior to the event date will need to be resubmitted upon receipt.
3. Taxation
a. Sales Tax. All vendors shall be solely responsible for collecting and reporting sales tax. Appropriate forms can be downloaded from
www.sctax.org.
b. Hospitality Tax. All food Vendors shall be solely responsible for reporting their hospitality taxes the City of Charleston
4. Insurance
a. Insurance Requirements. All Vendors must carry a general liability insurance policy. The Event Cooperative and its affiliates may not be held responsible for any unforeseen circumstances, loss, theft or damages that occur at this event.
5. Payment of Fees
a. The full balance of the vendor fee will be charged upon acceptance into the event.
b. The vendor fee is non refundable
6. Refunds or Liabilities
a. The Event Cooperative will not be liable for refunds or any other liabilities whatsoever for the failure to fulfill this contract due to any of the following causes:
i. By reason of the enclosure in which the show is to be produced, being, before or during the show, destroyed by fire or other calamity.
ii. By any act of god, public enemy, strikes, statutes, ordinances or any legal authority, or any other cause beyond The Event Cooperative's control.
7. Vendor Location
a. Within a reasonable time before the event, The Event Cooperative will designate & communicate loading instructions.
b. The Event Cooperative make no guarantees on booth placement and reserves the right to move vendors as needed.
c. In any case where an automobile or moving vehicle is a part of an exhibitor’s display, said vehicle is required to stay in place for all hours that the show is open. All other vehicles are required to move following setup.
8. Set-Up & Break-down
a. Vendors will be notified by email when final set-up and break-down times have been set. These times must be strictly adhered to or access to the event may be denied.
9. Parking and Traffic
a. Vendors are responsible for their own parking. All vehicles used for loading and unloading must be removed from the event area no later than 45 minutes prior to the start of the event. Vehicles left inside the Event Footprint after the time may be towed at owner’s expense.
b. Vehicles will not be allowed to access the Event site for break-down until all guests have safely exited Event site and security has opened the vehicle/vendor access gates.
10. Fire Extinguishers/Fire Code Regulations for active food related vendors
a. All Food Vendors are required to maintain at their location a workable fire extinguisher.
i. 2A Extinguisher – All Vendors & K-Glass Extinguisher – Food Vendors w/ Oil/Frying
b. All tents and signage are required to be flame retardant and have the necessary tag stating such.
c. City inspectors may make surprise visits and will automatically close down a Vendor’s booth, location or designated space if found not to have the proper equipment. If you booth is closed down by a city or state official, any vendor fees paid will be forfeited.
11. Indemnity/Hold Harmless
a. VENDOR HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE EVENT COOPERATIVE, THEIR OFFICERS, MEMBERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY AND EXPENSE, INCLUDING ATTORNEY’S FEES AND COURT COSTS, IN CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY AND/OR DAMAGE TO PROPERTY ARISING FROM OR OUT OF THE EVENT. VENDOR AGREES TO BE SOLELY RESPONSIBLE FOR LOSS OR DAMAGE TO ITS PERSONAL PROPERTY WHILE ON THE PROPERTY WHERE THE EVENT IS BEING HELD AND HEREBY WAIVES ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO THE PRESENCE ON THE PROPERTY PURSUANT TO THIS INDEMNITY PROVISION. FURTHER, THE VENDOR AGREES THAT IT HAS INSPECTED THE AREA IN WHICH THE EVENT WILL OCCUR AND ACCEPTS IT AS SUITABLE FOR ITS INTENDED USE, AND AGREES THAT IT WILL USE THE AREA AT ITS SOLE RISK.
12. Vendor Waste and Trash
a. Vendors are responsible for keeping their area neat and clean and free of loose trash, wrappers, napkins, flyers, or other refuse generated by their operation. Vendor should plan on having sufficient trash bins and bags for internally generated trash, as well as trash from serving counters such as condiment wrappers, etc.
b. Each Vendor is responsible for collecting, bagging trash, and disposing of it in festival provided dumpsters.
c. Unbagged or loose trash left by Vendor after break-down shall result in additional cleaning fees up to $250.00 assessed to Vendor.
13. Event Policies Pertaining to Food Vendors
a. Health Inspections. All Vendors will be required to meet DHEC regulations including, but not limited to, food temperatures, cross contamination, booth cleanliness, hand washing, and washing of utensils used in food preparation. The Promoter or its coordinating Vendor agent reserves the right to stop food sales of any Vendor he or she deems not to be operating in a safe manner.
b. Grease and Gray Water Disposal. Vendor is required to remove all grease and gray water produced by their operation off the Event site. Under no circumstances will grease or gray water be allowed to be poured upon concrete or pavement, on grass, or in storm drains on the Event site. Any violation of this policy will result in close-down and ejection from the Event, and possible prosecutions by City authorities.
c. Beverage Sales. Vendors may not sell any non-alcoholic beverages without express written consent of the Promoter. These items must be listed on the Vendor’s application for approval by Promoter. Alcoholic beverages may not be sold by any Vendor. Promoter has the right to prohibit any beverage sales. Vendor violating the beverage sale policy will be asked to close-down and will not be allowed to participate in future events.
14. General Exhibit Rules
a. Vendor must be present and staff their booth, location or designated space at all times for the entire event.
b. All Vendor booth set-ups must be confined to their assigned booth space.
c. Vendors may only sell items specified on the Vendor Application.
d. Vendors are responsible for the protection of their work, materials and set-up. Promoter will not be responsible for damage or loss to work, materials and/or set-up.
e. Booth, location or designated areas may not be transferred, re-assigned or sublet by the Vendor.
f. On-site walk-thru will be conducted prior to gates opening to ensure that exhibition standards and rules are followed.
g. Work exhibited and sold must be of the same quality and type as the work submitted for selection.
h. Prior to the Vendor’s departure from booth, location or designated area, the space must be returned to its original condition.
i. Loud music, television, videotape and/or computer set-ups will not be permitted unless authorized by Promoter.
15. Marketing
a. Vendors acknowledge & understand that their voice, name and image (and the employees of their company) may be recorded by various mechanical and/or electrical means. Vendors release any claim (as individuals or as a company) they might have in law or equity in connection with the utilization of such material by The Event Cooperative
b. By signing this agreement you authorize The Event Cooperative and grant unto them or their assignees the absolute right to use said materials in connection with advertising, publicity, exhibitions, or, without limitation, any other purpose.
16. Governing Law
a. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina without regard to conflict of laws principles. The headings used in this Agreement are for convenience only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.
17. Arbitration
a. Any dispute or controversy arising under or in connection with this Agreement shall be submitted to binding arbitration in accordance with the requirements of the South Carolina Uniform Arbitration Act as then in effect (“SCUAA”). All arbitration proceedings shall be conducted in Charleston County, South Carolina. The arbitrators shall be selected as provided in the SCUAA, and the arbitrators shall render a decision on any dispute within one hundred twenty (120) days after the last of the arbitrators has been selected. If any party to this Agreement fails to select an arbitrator with regard to any dispute submitted to arbitration under this Section, within thirty (30) days after receiving notice of the submission to arbitration of such dispute, then the other party shall select an arbitrator for such non-selecting party, and the decision of the arbitrators shall be binding upon all the parties to the dispute, their personal representatives, legal representatives, heirs, successors and assigns. Each party to an arbitration proceeding under this Section shall pay an equal portion of all arbitrators’ expenses and fees, together with other expenses of arbitration, except that the parties shall bear their own respective expert witness, professional and attorneys’ fees.
18. Entire Agreement; Amendment
a. This Agreement constitutes the final and complete understanding of the parties regarding the subject matter hereof. This Agreement may not be amended or modified except by a subsequent written instrument evidencing the express consent of each of the parties, duly executed by the parties.
19. Waiver
a. The failure of either party hereto to insist in any instance upon the strict performance of any provision of this Agreement or to exercise any election contained herein shall not be construed as a waiver or relinquishment for the future of such provision or election. No waiver or modification by any party shall have been deemed to have been made unless expressed in writing by such party.
20. Severability
a. Whenever possible, each provision of this Agreement, will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
21. No Third Party Rights
a. The provisions of this Agreement are for the exclusive benefit of the parties to this Agreement, and no other person (including without limitation any creditor of any party to this Agreement) shall have any right or claim against any party to this Agreement by reason of those provisions or be entitled to enforce any of those provisions against any party to this Agreement.
22. Section Headings
a. The headings used in this Agreement are for convenience and reference only and shall not create any rights or obligations or in any way define, limit, describe, interpret, or affect the scope or meaning of this Agreement.
I have read the application in full and understand the terms above.
