Agreement to Terms *
1. General: Within this agreement the acronym “MAC” refers to the Madison Arts Council that hosts the Kris Kringle Market to be held November 17, 2018 at Dublin Park 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 tables or other equipment used in the space must be provided by the Vendor. Electricity can be purchased through MAC by selecting it on the Vendor Application form. Electrical access is limited and restricted to two 110v not to exceed 15 amps total.
4. Booth Space Assignments: Booth assignment is a juried selection this year based on category and uniqueness of merchandise. 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 Kris Kringle Market.
5. Vendor Representation: Vendors must have a representative in their booth at all times during the Kris Kringle Market. 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. 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 Kris Kringle Market 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.
7. Listings and Promotions: By participating at Kris Kringle Market, 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 Kris Kringle Market 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.
8 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.
9. 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.
10. 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 Kris Kringle Market, or during set-up/clean-up of this event, and to hold them harmless from all accidents.
11. Interpretation and Enforcement: MAC has full power to interpret and enforce all regulations for Kris Kringle Market and the power to make amendments and/or further regulations that are considered necessary for the proper conduct of Kris Kringle Market. Such decisions shall be binding on all Kris Kringle Market 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.