Concessions / Booth Agreement
This agreement is made between the Bradley County Pink Tomato Festival Executive Committee ("Festival") and the vendor identified by the Festival as accepted for booking ("Vendor")
Vendor agrees to the following:
Fees are non-refundable. No additional vehicles or trailers are allowed in the concessions/booth area unless without prior arrangement. Only food-approved water hoses are allowed. No generators allowed without prior approval. Sub-leasing of spaces is not allowed. The Festival reserves the right to limit or restrict sale or pricing of any items. The Festival reserves the right to limit power consumption. The Festival reserves the right to terminate a Vendor's operation at any time during the festival, as well as the right to terminate the agreement should the Vendor commit any act deemed unfit for the reputation of the festival, fails to cooperate with the Festival's directives, or breaks any laws pertaining to the use of the grounds or facilities.
Vendor shall be solely responsible for the payment of any sales, excise, use, or similar tax on goods or services provided by Vendor.
In no event shall the Festival be liable to the Vendor or any other person or entity, for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either expressed or implied, any breach of this agreement even if the Festival has been advised of such damages.
Vendor agrees that it will defend, indemnify, and hold harmless the Festival from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against the Festival, or its employees or agents, that may arise or result from any service provided or performed, or agreed to be performed, or any product or service sold by Vendor or its employees or agents.
The Festival shall not be liable to the Vendor for any failures or delays in fulfilling agreements attributable to conditions beyond its reasonable control, including without limitation, the elements, work stoppages, fire, civil disobedience, delays associated with equipment malfunction or availability, terrorism, riots, rebellions, storms, electrical failures, delays caused by the other party, acts of God, and similar occurrences.
This agreement is subject to the sole interpretation of the Festival, and any amendment, modification, or revision of this Agreement may be made at any time at the sole discretion of the Festival, without notification to Vendor.
Payment of fees indicates acceptance of terms of this agreement as interpreted by the Festival.
Any questions can be directed to firstname.lastname@example.org.