By applying to this event, you agree to the terms and conditions stated herein:
Upon jury acceptance and payment of all fees, Splash Festivals (Organizer) will issue a non-exclusive revocable license (the “License”) to Vendor for the use of a space located upon the Festival grounds as more particularly designated by, and which may be unilaterally relocated by Organizer (the “Space”) during the Term, as defined herein, for one of the following purposes only: Food and non-alcoholic beverage vending, Georgia Grown product vending, Children’s Vendor activities, or Arts & Crafts vending (including Culinary Artist product vending), or Non-profit organizations(“Permitted Use”).
For and in consideration of the mutual promises, covenants, and conditions set forth herein, which is hereby acknowledged by Organizer and Vendor, and other good and valuable considerations hereinafter set forth, both parties aforesaid bind themselves as follows:
1. Grant of License. Organizer hereby grants to Vendor the License to the Space for the Permitted Use, provided that such Permitted Use by Vendor may not interfere with the use and enjoyment by Organizer and its invitees of other portions of the Property, and may not create a nuisance, or allow a nuisance to exist on any portion of the Property. Any use other than the Permitted Use of the Space by Vendor is expressly prohibited. The recitals in paragraphs A and B above are hereby incorporated into this Vendor Agreement by specific reference thereto.
2. Term. The term of the License will commence at setup either on the day preceding the Festival at a time to be determined or the first date of the Festival at 5am and end on the last date of the Festival at eight o’clock pm, subject to either party’s right to immediately terminate and revoke the License at any time, with or without cause (the “Term”).
3. Payments by Vendor. As consideration for the rights and License, Vendor shall pay to Organizer, by way of a credit or debit card, or through an ACH bank transfer a fee (the “Fee”) for the Term for a space and additional charges as stated in the application. The Fee will be non-refundable. Vendor shall pay the Fee to Organizer within five days of notification of acceptance.
4. Vendor’s Representations and Covenants. Vendor hereby represents, warrants, covenants and agrees as follows:
a) Vendor’s use and exercise of this License shall comply with (i) all applicable ordinances, laws and regulations of the State of Georgia and the municipality all applicable governmental authorities and (ii) all rules and regulations promulgated by Organizer relating to the Space and Property from time to time and as Organizer in its sole discretion sees fit.
b) Except as expressly approved by Organizer, Vendor may not and has no right to construct temporary or other improvements, at or about the Space, nor on any property under Organizer’s control without the prior, express written consent and approval of specific plans by Organizer. Signage indicating the Vendor’s business and menu are permitted. The vendor may play no music. All prices must be prominently posted.
c) Vendor shall, at all times, exercise the License in such a manner as to avoid interference with or disruption of Organizer’s operation and the operations of tenants at the Property. Organizer reserves the right to prohibit and remove the exhibit and/or sale of items that are Buy-Sell, that are not in keeping with this agreement, the family nature of the Festival and which offend the moral standards of the community or are found to be causing a nuisance or disturbance by exhibiting and/or selling them at the Festival.
d) Vendor hereby warrants and represents that it has the skill, knowledge, and competency to operate, manage, and control the Permitted Use.
e) Vendor hereby recognizes and acknowledges that the exercise of the License may involve risk to the Vendor, its officers, employees, agents and servants of personal injury or damages to property. Vendor shall, prior to the commencement of the Term, notify said persons in writing of said risk.
f) Vendor may only sell or promote the services and products as approved in the application. FOOD VENDORS MAY SELL BOTTLED WATER OR SOFT DRINK PRODUCTS. Vendor is prohibited from selling any other items without the prior written consent of the Organizer. Organizer reserves the right to prohibit and remove the exhibit and/or sale of items not listed herein.
g) Vendor is encouraged to use recyclable serving containers.
h) Vendor hereby recognizes and acknowledges that electricity is being provided based on Vendor’s stated requirements in the application. If Vendor requires additional power after set-up, the charge listed in this application will be due immediately. If a special trip charge is necessary, an additional $200 will be due at set-up.
i) Vendor is required to honor Splash Festival food coupons or Volunteer Gift Certificates as may be presented to Vendor and may be reimbursed during the Festival by Splash.
j) Availability of a water source is limited at some Festivals and Vendor may be required to bring their own source. Vendor will be notified in advance of the availability of water on site.
5. Condition of Space.
a) Organizer shall designate, in Organizer’s sole discretion, the Space for the Permitted Use.
b) Vendor acknowledges and represents and warrants that Vendor has made all investigations Vendor deems necessary or appropriate with respect to the License and the Space; that Organizer makes no warranties, express or implied, with reference to this License, the Space, the number of customers who may be patronizing the Space, the amount of business Vendor may anticipate from and relating to the Space, or any other matter relating to this License, Vendor Agreement or the Space; that Vendor accepts the Space in an “as is – where is” condition, and acknowledges that the Space is suitable for the Permitted Use; and that Organizer shall have no duty, obligation or responsibility of any kind for the repair, maintenance, or otherwise with reference to this License or the Space. VENDOR IS REQUIRED TO BRING IT’S OWN TENT AND EQUIPMENT AS NECESSARY TO OPERATE WITHIN ITS PURPOSE FROM THE SPACE UNLESS OTHERWISE NOTED IN PARAGRAPH 3)a ABOVE.
c) Vendor shall, on or before the expiration of the Term or its earlier termination as provided herein, remove all of Vendor’s goods and effects, repair any damage caused by such removal and surrender and deliver up the Space, broom clean and in good order, condition and repair, ordinary wear and tear and damage by fire or unavoidable casualty excepted. Vendor shall remove and properly dispose of all rubbish, trash, and discarded materials, including food and grease. Grease barrels and grey water tanks may be available for Vendor’s use and vendor will be notified in writing in advance of their availability. Property not removed within twenty-four hours after the expiration of the Term shall be deemed to have been abandoned by Vendor, and may be retained or disposed of by Organizer, as Organizer shall desire, at Vendor’s cost, without being liable for trespass or conversion of property.
d) Vendor acknowledges and agrees that the Festival will occur rain or shine and that Organizer will not be required to refund the Fee due to weather or other unforeseen incidents.
6. Insurance. All Vendors shall procure and continue in force during the Term of the License, comprehensive general liability insurance in the amount of not less than Three Hundred Thousand Dollars ($300,000) per occurrence and a combined single limit of Two Million Dollars ($2,000,000). Such insurance policy shall be issued in the names and for the benefit of Organizer (SPLASH FESTIVALS, INC) and Organizer’s designee(s), Management Company, lenders, principals, employees, tenants, contractors, guests, invitees (collectively the “Organizer Related Parties”), and Vendor by an insurance company licensed to do business in the state where the Property is located. Vendor shall deliver to Organizer certificates or memoranda of insurance evidencing such insurance, and full payment therefor, prior to the date the Term commences, or the date Vendor first occupies the Space, whichever date first occurs. Such insurance may not be cancelled or amended except upon ten (10) day notice to Organizer. The minimum limits of the insurance coverage to be maintained by Vendor hereunder shall not limit Vendor's liability under this Vendor Agreement. Organizer reserves the right to require such additional insurance as may be reasonably requested by its insurance consultants and advisors.
7. Indemnification. Vendor shall protect defend, indemnify, save and hold harmless
