Terms & Conditions
VENDOR TERMS AND CONDITIONS
The Churubusco Public Library Committee agrees to permit Vendor to rent a booth during the Churubusco Public Library Fine Arts Festival (hereinafter referred to as the Library Festival). In consideration of the foregoing and of the promises and mutual covenants herein, the parties agree as follows:
1. HOURS OF OPERATION. Vendor booths must be fully staffed, and must remain fully staffed, and prepared to serve attendees on Saturday, August 26, 2023, from 2:00 p.m. to 7:00 p.m. regardless of weather conditions. Vendor understands that the Library Festival will be held on N Line St, Churubusco, IN 46723, at said time and date, regardless of weather.
2. SET-UP. Set-up will begin at 12:00 p.m. on Saturday, August 26, 2023, and must be complete no later than 2:00 p.m. No cars will be allowed on-site after 1:30 p.m. on Saturday. Street site access by vehicle on Saturday morning will be limited to 20 minutes only and strictly monitored. We will be available Saturday morning at 11:00 a.m. for questions and concerns.
3. WEATHER. The Library Festival will run rain or shine, there will be no booth refunds if there is inclement weather.
4. SALES & AUDIENCE SIZE. The Library Festival does not guarantee sales or audience size.
5. ADVERTISING. The Library Festival will advertise to the best of its ability within the restraints of our governing entities in Churubusco, IN.
6. BOOTH SIZE. Booth size will be 10 feet wide by 10 feet deep for Vendors. Vendor understands that the Library Festival, in its sole discretion, will assign space. Vendors must provide all supplies necessary to operate, including table skirting & a properly weighted tent and/or canopy. THE BOOTH-SPACE IS IN THE STREET, THEREFORE THE USE OF STAKES IS STRICTLY PROHIBITED.
7. SPACE RENTAL FEE. Vendor agrees to rent a booth space during the Library Festival to be held Saturday, August 26, 2023, as indicated below. ALL FEES ARE DUE AND PAYABLE WITH THE SUBMISSION OF THIS AGREEMENT. No subletting of booth space shall be permitted.
Booth Space: $35 ($45 after June 17, 2023)
9. LOAD-OUT. All materials must be removed from the grounds by 8:00 p.m. on Saturday, August 26, 2023.
NO EARLY STRIKE WILL BE PERMITTED.
11. SALES TAX. All Indiana and Whitley County sales taxes are the responsibility of the Vendor. The Churubusco Public Library assumes no liability for the collection of improper sales tax.
12. TRASH. Spaces must be free of trash, litter and other refuse at all times.
13. CONDUCT. Vendors may not smoke or consume alcoholic beverages within any assigned space. Vendors must be suitably attired at all times. Behavior unsuitable for the Library Festival or which constitutes a public nuisance will not be permitted. Vendors will not engage in loud, live or recorded music during the Library Festival. The Library Festival in its sole discretion shall determine whether an act is unsuitable.
14. CONTENT. Nothing can be sold, distributed or displayed that can be construed as unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or any other material that could give rise to any civil or criminal liability under the law.
15. STORAGE. There will be no storage allowed outside the booth space for any supplies, equipment or inventory.
16. CHANGE. The Library Festival is not responsible for providing change to Vendors.
17. SITE INSPECTION. Vendor is responsible for leaving their designated space as found. Failure to do so will result in, at the sole discretion of the Library Festival, loss of security deposit and/or charges to repair or correct the situation. Vendor is responsible for returning the vending site to its original physical condition by 8:00 p.m. on Saturday, August 26, 2023.
18. GOVERNING LAWS. This Agreement shall be governed by the laws and the health, sanitation and fire regulations of the State of Indiana.
19. SECURITY. Vendors are responsible for the security of their own property and equipment at all times. No security personnel will be assigned specifically to Vendors. The Library Festival shall not be held responsible for loss, theft or damage to any property left on the grounds at any time.
20. VIOLATIONS. Vendor acknowledges that a breach of any of the terms of this Agreement may result in the termination of this Agreement and the preclusion of the Vendor’s participation in the. Library Festival. In the event this
Agreement is terminated as a result of any breach by Vendor, Vendor shall not be entitled to any refund but shall forfeit all amounts previously paid as liquidated damages.
21. LIABILITY. Vendor shall indemnify and hold the Library Festival, the Library Festival Staff, contractors and volunteers harmless from any claim or cause of action arising out of or in connection with the acts or omissions of Vendor under this Agreement, and shall reimburse the Library Festival for any costs, including but not limited to, reasonable attorney’s fees incurred in defense against any such claim.
22. AGREEMENT MODIFICATIONS. No prior or present Agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. No modification or change in the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound hereto.
23. CANCELLATION. Vendor understands in the event the Vendor cancels after July 22, 2023, the entire booth fee will be forfeited.
24. REQUIRED DOCUMENTATION. Vendor agrees that, in the event this Agreement is terminated as a result of Vendor’s failure to provide any required documentation, Vendor shall not be entitled to any refund but shall forfeit all amounts previously paid as liquidated damages.
25. RESOLUTION OF DISPUTES. In the event of a dispute arising in any manner as a result of, or in any way related to, this Agreement, the parties hereto agree to submit the same to mediation and/or arbitration as a prerequisite to legal action. In the event arbitration or legal action is commenced, the prevailing party shall be awarded reasonable attorney’s fees and costs incurred a result of said dispute.
26. BOOTH ACCESS. The Library Festival and its agents or assigns shall have access to the aforesaid described space and premises at all times. Booth space cannot be assigned or leased by any organization other than the Library Festival management.
27. DISPLAYS. The Library Festival reserves the right to locate any exhibit or display where it is in the best interest of the Library Festival. The Library Festival reserves the right to cancel any exhibit or display that is not in the best interest of the Library Festival.
28. VENDOR SELECTION. Vendor selection is at the sole discretion of the Library Festival. Please note that all applications will be reviewed and a selection process will make the final determination of vendors that will participate.
