1. General: Within this agreement the acronym “MAC” refers to the Madison Arts Council that hosts the Art 4 Paws Art/Pet Adoption Festival to be held September 28, 2019 (rain date) at Branch of the Public Library in Madison, Alabama. The festival will be rain or shine. The term “Vendor” refers to the organization or person that applied for and has been granted Booth Space rental.
2. Application for Booth Space: The submission of Vendor Application and its acceptance by MAC will constitute a binding contract (the “Agreement”). MAC reserves the right to reject any application for booth space for any reason.
3. Booth Space Specifications: Only the space is provided. Any tents or other equipment used in the space must be provided by the Vendor.
4. Booth Space Assignments: Booth Space will initially be assigned through a random lottery system. MAC shall act in good faith to assign the Vendor’s booth and reserves the right to change the booth layout plan or to change the location assigned to Vendor at any time as it may, in its sole discretion, deem necessary in the best interest of Art 4 Paws.
5. Vendor Representation: Vendors must have a representative in their booth at all times during Art 4 Paws. Vendors musts receive permission from MAC if they wish to donate their booth space to someone else; this is in order for us to maintain a balance of vendors for the event. If you are a member of a Direct Sales or MLM company, and you personally are unable to attend, then please notify MAC so the next person on the wait list may have the booth. MAC is unable to permit the vendor to designate another person in their down line to have the booth space. This is to maintain fairness in the application process.
6. Booth Set up and Take down: All vendors must be set up and ready for business 30 minutes before the start of the event. Unless MAC deems for safety reasons early breakdown needs to occur (i.e. inclement weather), no early breakdown of booths is permitted. Early breakdown can prevent a vendor from being asked to return to a MAC event as a vendor.
7. Payment & Cancellation by Vendor: PayPal invoices will be sent upon becoming an accepted vendor. All invoices must be paid within 48 hours. If invoice is not paid within that time, then it is deemed that you do not wish to participate in the Art 4 Paws event and the next person will be contacted for the booth space. If a vendor must cancel or cannot attend, it is asked that vendors please notify MAC via email that you cannot attend so we may place someone else in your booth location. Payments are non-refundable; if you must cancel, your payment will be considered a donation to MAC.
8. Listings and Promotions: By participating at Art 4 Paws, Vendors grant MAC fully paid, perpetual, non-exclusive license to use, display, and reproduce the name of the Vendor in any directory or listing of the Art 4 Paws Vendors and to use such names in promotional materials. MAC shall not be liable for any errors in any listing or for omitting any Vendor from any directory or listing pertaining to the MAC. Vendor grants MAC the right to use photographs of the Vendor and/or their booth in future publications and marketing platforms.
9 Protection of Booth Area: The Vendor is expressly bound, at its expense, to promptly pay for or repair any and all damage to the property of others caused by the Vendor or any of its employees, agents, contractors, or representatives. Stakes are not allowed to be driven in the hard surfaces (concrete or city road). Stakes may be used in the grassy areas or bare ground. If needed, weights are to be used on the hard surfaces in a manner that does not damage the hard surface.
10. Liability and Insurance: This Agreement shall not constitute or be considered a partnership, employer-employee relationship, joint venture or agency between Madison Arts Council and the Vendor. Vendor hereby agrees to and does indemnify, hold harmless, and defend Madison Arts Council, its officers, committee members, and associates (collectively, “Indemnified Parties”), from and against any and all liability, responsibility, loss, damage, cost, or expense of any kind whatsoever (including but not limited to cost, interest, and attorney’s fees) which any Indemnified Party may incur, suffer, be put to, pay, or be required to pay, incident to or arising directly or indirectly from any act or omission by Vendor or any of its employees, servants, or agents. Vendor further agrees that the Indemnified Parties, shall not be responsible in any way for damage, loss, or destruction of any property of Vendor or injury to Vendor or its representatives, agents, employees, licensees, or invitees.
11. Hold Harmless Clause: Vendor agrees to release Madison Arts Council, the City of Madison, and any other associations, groups, or individuals from all liability arising out of any occurrence during Art 4 Paws, or during set-up/clean-up of this event, and to hold them harmless from all accidents.
12. Interpretation and Enforcement: MAC has full power to interpret and enforce all regulations for Art 4 Paws and the power to make amendments and/or further regulations that are considered necessary for the proper conduct of Art 4 Paws. Such decisions shall be binding on all Art 4 Paws Vendors. Failure to comply with any rule or regulation may be sufficient cause for immediate removal of the offending Vendor, and may result in forfeiture of all further rights to exhibit at future events sponsored by Madison Arts Council.