Alisal Vendor Contract
This Vendor Agreement is entered into by you, the Vendor (herein after “you” or “Vendor”) and Pop Up Project / Kelly Fiore ( “Event Producer”) and sets out the terms and conditions governing your participation in the Alisal Christmas Market (“Event” or “Alisal Market”). By participating as a Vendor at any Event, you acknowledge that you have read and agree to the terms set out below.
1. Payment: Your vendor payment of $85 is due within seven days from receipt of this contract in order to secure your space. Payments can be made via venmo to @kelly-fiore and write “Alisal Market Fee” in the subject line. If you need to pay via check, please contact me separately. Your payment is a non-refundable registration fee for the selected space and is due with the submission of this agreement. This fee will be used to cover booking, advertising and other incidental costs associated with the production of this event.
2. Setup/ Break Down: All Vendors must be set up and ready to sell by 10:45 am the day of the Alisal Market. Vendors may begin setting up at 8:30 am the day of the event. Vendors who have not arrived by 10:30am the day of their event will forfeit their space and lose their payment. It is strongly recommended to have a dolly or wagon for the purposes of moving your merchandise to your vendor space, we cannot guarantee that you will receive a temporary parking space near your set-up location to unload. Break down can start no sooner than 4:15pm and must be completed by 5:30pm. No Vendor is to close before the official closing time. Before leaving, be sure your area is clean and trash-free.
3. Parking: You may park close to the entrance of the property for the purpose of loading and unloading your merchandise and displays. However, you will be required to move your car to a nearby location before the event begins as guest parking is limited. Details on where to temporarily and permanently park will be disclosed closer to the event date.
4. Staffing: Sellers are responsible for their selling spaces. Vendor tables/ booths must be manned at all times and intact until show closes at 4:00pm. The event venue, event producer and/or their affiliates are not responsible for your merchandise or display materials at any time during the set-up, tear down or the event itself.
5. Vendor Items: Items for sale at the Vendor’s booth must be non-political in nature and predominantly handmade by the Vendor unless agreed upon with Event Producer in advance. Event Producer reserves the right to have items removed that are considered not appropriately handmade or inappropriate. Items simply purchased for resale are not allowed.
6. One Business per table: Only one (1) business per table; space may not be sublet or shared without prior approval.
7. Vendor Responsibility: Vendor will be fully responsible for any loss or damage to his or her property by theft, fire, weather or casualty. The Event Producer expressly disclaims any responsibility for same. Vendors shall be responsible for any damage which may be incurred to the facilities as a result of or in connection with its operation. Each vendor is responsible for the conduct of his employees and/or representatives and activities must not detract from the image or welfare of the fair. Be courteous to guests and other vendors. Failure to abide by these terms & conditions may include immediate ejection from the event and suspension from exhibiting in future events with Pop Up Project or the Alisal.
8. Professional Liability Insurance: If you are a service provider, performing acts such as massage, henna, facials and so forth, you will be required to carry your own professional liability insurance. If you are a vendor providing alcoholic beverage services, such as the selling or pouring of beer, wine, etc, you will be required to carry your own professional liability insurance as well as adhere to any state and federal laws guiding the requirements for providing this service or product, including but not limited to having RBS Certified servers on staff. If you are a food service provider, you will be required to carry your own professional liability insurance as well as adhere to any state and federal laws guiding the requirements for providing this service or product.
9. Sales Tax & Seller’s Permit: Each vendor is responsible for their own applicable sales tax according to state and federal laws as well as follow any state and/or county and/or city requirements to carry their own seller’s and/or resale permit.
10. Vendor Spaces:
a) Vendor spaces will be assigned. Placement, flow and competition will be taken into consideration to provide the best experience for fair attendees. If you have special space needs, please include your request when submitting this contract and we will make every effort to accommodate you.
b) Vendor spaces (10’x10’ in size) will be marked with tape or stakes on the ground. Vendors are required to stay within these boundaries. Vendors must ensure that none of their display equipment extends beyond the space they have booked; this includes any rails, stands or additional equipment.
c) Each Vendor must furnish his or her own chairs, tables and stands and pop-up tent or umbrella. Vendors should bring weights to secure their tents, displays and merchandise in case of wind.
d) Coverings for all tables are required. Please make your booth neat in appearance and get creative with your display!
e) Do not use tape, staples, nails, etc. on floors, walls, or tables that do not belong to you.
11. Attendance Estimate: Vendor acknowledges that the estimated attendance in the vendor application is not a guarantee. No refunds will be provided by the Event Producer should attendance not meet expectations.
12. Acceptance: The Event Producer reserves the right to decline any application for space if it deems such action to be in the best interest of the Alisal Holiday Market.
13. Cancellation: Vendor fees are non-refundable. The Event Producer is not liable if weather or other conditions prevent the Vendor from attending and fulfilling the contractual obligation as a Vendor. No refunds will be made for weather the day of, accident, health or other causes for non-participation. In case of the No Call, No Show situation, Vendor understands that they will not be accepted to participate in any of the organization’s upcoming events. The Event Producer reserves the right to cancel or reschedule a market and if so, a refund or partial refund will be evaluated depending on the circumstance.
14. Electricity: If you need electricity, please include a request with this contract. Outlets are NOT guaranteed. Electricity requests will be granted on a first come, first served basis. Extension cords are not included in the fee and must be provided by the Vendor.
15. Music: Music will be provided at the Venue, Vendor is not allowed to bring in their own music without permission.
16. Indemnification: Vendor agrees to indemnify, defend, and hold Pop Up Project, Kelly Fiore and The Alisal Ranch harmless from any claims made by any person arising from or relating to in any action, suit, or proceeding, arising out of law or equity and to fully indemnify the parties listed above for damages related to Vendor’s performance of this contract. Vendor acknowledges that in addition to regular damages related to a failure to perform this contract, Vendor may also be liable to the parties listed above for consequential damages such as lost business.
17. Integration. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. This Agreement may not be amended except in a writing signed by both Event Producer and Vendor.
18. Enforcement. In the event the Event Producer is required to engage the services of an attorney to enforce this Contract, and if the Event Producer prevails in any such efforts, the Vendor shall also be responsible for any pay the Event Producer all costs and expenses of enforcement, including but not limited to reasonable attorney fees. In the event of any legal dispute between the parties, the parties agree that the exclusive venue for any such proceeding shall be a court of competent jurisdiction embracing Santa Barbara County, CA.
19. Interpretation. The parties agree that they have each had the opportunity to review and proposed changes to this form of agreement. Therefore, the parties agree that in the event of any ambiguity, that no construction shall be undertaken by any court, tribunal, or finder of fact to the effect that any one party had any greater or lesser role in the drafting of this agreement.
THE VENDOR CERTIFIES THAT THE INFORMATION ON THE VENDOR CONTRACT IS A CORRECT DEPICTION OF THE SERVICES AND PRODUCTS TO BE PROVIDED BY THE VENDOR AT THE EVENT. THE VENDOR UNDERSTANDS THAT FAILURE TO FOLLOW VENDOR PERMIT TERMS AS DESCRIBED AND STIPULATED HEREIN WILL RESULT IN INELIGIBILITY FOR THIS AND FUTURE EVENTS. THE VENDOR FURTHER AGREES TO ABIDE BY ALL TERMS OF THE VENDOR PERMIT FOR THIS EVENT AND TO HOLD HARMLESS AND INDEMNIFY POP UP PROJECT, KELLY FIORE, AND THE ALISAL RANCH AGAINST ANY CLAIMS ARISING BY VIRTUE OF THEIR OCCUPANCY OF VENDOR SPACE AND PARTICIPATION IN THIS EVENT.
Completion of the form below is your formal agreement of the statement above and confirmation that you have reviewed this contract in detail.