ThriftCon LA Vendor Contract
Submission of the response "I Accept" on the ThriftCon LA Vendor application will hereby serve as a signature and agreement by the application's submitting party.
This is an agreement between ThriftCon™ (hereafter referred to as “Host”) and the signee (hereafter referred to as “Vendor”). The Host will be hosting the following Event “ThriftCon” (hereafter referred to as “Event”) to take place at Magic Box LA (hereafter referred to as “Venue”) on Saturday, December 11, 2021 from 5:00 AM till 7:00 PM, and has the legal ability to issue a license for concession and vending during the above mentioned Event, and Vendor desires to vend merchandise at and during the above mentioned Event, and has issued the Host a sum of $375-1,500 for a license to vend at the Event.
Vendor Information and Agreement
All booths include (3-6) complimentary employees to the event, depending on the size of the Vendor's booth (10'x15', 20'x20' or 10'x40'). Booth Location will be assigned on week of the event. The Host and Vendor parties both agree to the following terms:
1. Vendor will be given access to the Venue no less than two hours before the Event begins, to set up the Vendor’s booth, goods to be sold, and anything else that is needed and customary to vend.
2. The booth shall be no smaller than 10x15, and shall be clean and orderly; and shall follow all applicable laws and regulations of the County and State of Event's location.
3. Vendor's staff may exhibit that goods are for sale only while the staff is within the area of the vendor's specified location.
4. Vendors will have access to the location for ONE HOUR following the event to dismantle and remove ALL items brought to the event by the Vendor. Vendor shall leave the location free from trash and in identical condition that it was in before the vendor arrived, or be susceptible to additional charges from Host.
5. Vendor agrees to hold the host free from any damages or claims that may develop in connection with participating in the Event.
6. Vendor agrees to no unlawful consumption of alcohol or marijuana on the event premises.
7. EXHIBIT HOURS - Host shall determine and publicize the exhibit hours the Event will be open to the public during the day of the Event. Vendors will be admitted to the Venue a minimum of two hours prior to Event opening time. Booths will be ready for the installation of exhibits at 6:00 AM Saturday, December 11, 2021 and must be in place no later than 8:30 AM, Saturday, December 11, 2021. Exhibits must be completely removed from the Venue by 7:00 PM, Saturday, December 11, 2021. Host reserves the right to restrict Vendor's participation in future Events if this policy is violated.
8. MERCHANDISE REMOVAL - No merchandise may be removed from the Venue until 5:00 PM, Sunday, October 17, 2021.
9. RULES FOR EXHIBITS:
a. DISPLAYS - No signs, partitions, apparatus, shelving, etc. may extend more than the Vendors allotted booth size. Vendor will not be permitted to erect signs or display products obstructing the view or disadvantageously affecting the display of other Vendors.
b. LIABILITY - The Vendor is entirely responsible for the leased space and ALL of their merchandise. The Host is not responsible for ANY stolen or damaged goods. The Vendor shall not injure, mar or deface the premises. The Vendor shall not drive, nor permit to be driven, any pins, nails, hooks, tacks, or screws in any part of the Venue. Furthermore, Vendor shall not affix to the walls or windows of the Venue any advertisements, signs, etc., or use tape or any other adhesive-type material on painted surfaces. The Vendor agrees to reimburse the Host and/or the Venue for any loss or damage occurring to the premises or equipment.
c. AISLES – Must be maintained and not blocked or altered by the contents or design of the Vendors booth
d. SPACE - The space contracted for is to be used solely by the Vendor or Vendors whose name(s) appears on the Contract and no portion can be sublet or assigned. Booth Location will be assigned on day of the event.
e. ALCOHOLIC BEVERAGES - Vendor and their employees, agents and guests shall not consume any alcoholic beverages except in designated areas. Vendor and their employees, agents and guests shall not consume any alcoholic beverages that were not purchased inside the event at licensed and designated Alcohol Retailers (the "bars"). Violation shall be grounds for removing Vendor and exhibit from the Event without refund.
f. RESTRICTIONS - The Host reserves the right to restrict or remove exhibits, without refund, that have been falsely entered, or are deemed by the Host unsuitable or objectionable. This restriction applies to, but is not limited to, noise, P.A. systems, persons, animals, birds, things, conduct, printed matter, or anything of a character that might be objectionable to the Event or the Host.
12. ALL EXHIBITS MUST COMPLY WITH LOCAL ORDINANCES, REGULATIONS AND FIRE MARSHALL INSTRUCTIONS.
13. STORAGE – No storage area will be provided.
14. RUNNING OF ENGINES – Not allowed under any circumstance.
15. INSTALLATIONS - Any special carpentry, wiring, electrical or other work connection shall be installed at Vendor's expense, and in accordance with the Venue's direction.
16. MISCELLANEOUS TERMS AND CONDITIONS:
a. CANCELLATION OF CONTRACT - If this agreement is cancelled by Vendor for any reason, or by Host because of Vendor's default or violation of this agreement, no refund will be issued.
b. RIGHTS OF THE HOST IN EVENT EXHIBITION IS NOT HELD: Host shall not be liable for damages or expense incurred by Vendors in the event the Event is delayed, interrupted or not held as scheduled. If for any reason beyond the control of the Host, the Event is not held, Host may retain half of the amount paid by Vendors as is necessary to defray expenses already incurred by the Host.
c. INDEMNIFICATION - Vendor shall indemnify and hold harmless the Host, and the Venue from and against any and all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the activities of the Vendor, or the officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors of the Vendor.
e. ATTORNEY'S FEES - If a civil action arises between parties out of this agreement or to enforce any of its provisions, the losing party shall pay the attorney's fees of the prevailing party as trial court may adjudge reasonable. If an appeal is taken from any judgment of the trial court, the losing party shall pay the amount the appellate court shall adjudge reasonable as the prevailing party's attorney's fees on appeal.
f. LICENSES - Any and all City, County, State or Federal licenses, inspections or permits required by law of any Vendor in the installation or operation of his or her display shall be obtained by the Vendor at his or her own expense prior to the opening of the Event.
g. ASSIGNMENT - Host may sell, assign, or transfer any or all of its rights, benefits, privileges, obligations, or duties under this agreement.
17. MUSIC LICENSING - Vendor shall hold Host harmless for all licensing and enforcing fees for recorded or live music played or performed in their booth space.
18. COMPLETE AGREEMENT - This agreement contains all the terms and conditions agreed on by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Contract, shall be deemed to exist or to bind any of the parties hereto. Vendors are required to abide by these rules. Please have the main booth contact sign below acknowledging that you have read and understand the rules as outlined.
This contract shall be governed by the laws of the State of California and City of Los Angeles and any applicable Federal Law.
Additional COVID agreement:
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that ThriftCon LLC has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. I further acknowledge that ThriftCon LLC can not guarantee that I will not become infected with the Coronavirus/Covid-19 as a result of attending this Event. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, event staff, and other event attendees and their families.
I voluntarily seek services provided by ThriftCon LLC and acknowledge that I am increasing my risk of exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending ThriftCon LA at Magic Box LA on Saturday, December 11, 2021.
I attest that on the morning of Saturday, December 11, 2021:
* I am fully vaccinated against COVID-19 or I will arrive with a negative COVID-19 test taken with 24 hours of the event.
* I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
Should I wake up feeling ill or showing the aforementioned symptoms or any symptoms at all on Saturday, December 11, 2021 or two weeks prior, I will not attend ThriftCon.
I hereby release and agree to hold ThriftCon LLC harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the event, or that may otherwise arise in any way in connection with any services received from ThriftCon LLC. I understand that this release discharges and ThriftCon LLC from any liability or claim that I, my heirs, or any personal representatives may have against the event with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from ThriftCon LLC. This liability waiver and release extends to the Event together with all owners, partners, and employees.