By submitting this agreement for Rebecca Creek Market Day, the undersigned vendor (“Vendor”) agrees to be bound by each and every term set forth herein and the terms and representations set forth in the Application, which is incorporated herein by reference as though fully set forth.
If the Vendor violates any term of this agreement and/or the authorized agents of Rebecca Creek Distillery may within their sole discretion and at any time (1) terminate this agreement, (2) require Vendor, immediately upon notice of violation of this agreement, to cease operations and vacate the premises, and (3) forfeit any and all fees paid for the right and privilege of participating in Rebecca Creek Market Day. This agreement represents the entire agreement between Rebecca Creek Distillery and the Vendor and may not be amended without the mutual consent of both parties set forth in writing and signed by authorized representatives of Rebecca Creek Distillery and the Vendor. No refunds.
1. Rebecca Creek Distillery agrees to provide each Vendor of Rebecca Creek Market Day with one assigned space(s).
2. Vendor agrees to obey all rules and instructions as directed by the Market Director. Any failure to strictly adhere to such rules or instructions may result in the immediate termination of this agreement and immediate forfeiture of any and all fees paid.
3. Vendor hereby acknowledges its liability, and agrees to compensate Rebecca Creek Distillery, for any damage(s) caused by, including but not limited to, its representatives, agents, employees, volunteers, members, vehicles, equipment, materials and objects to the environs and infrastructure of the distillery and grounds which causes Rebecca Creek Distillery to pay for repair, replacement, or other remuneration to the City of San Antonio for such damage to the environs or infrastructure of the Rebecca Creek Distillery.
4. As a courtesy to other vendors and market participants, any amplified sound or loud noise from Vendor’s space is prohibited.
5. Rebecca Creek Distillery reserves the right to prohibit, within any booth or on the grounds, the display, advertisement, or other promotion of any business, company, or organization which may be in conflict with a current Rebecca Creek Distillery sponsor. Any questions concerning current sponsors should be directed to the Festival Director prior to the event.
6. Vendor shall not display, offer for view or sale any illegal or contraband items. The laws of the State of Texas and local ordinances of the City of San Antontio shall control. Vendors shall not display, offer for view or sale any items that are unlicensed and/or copies/interpretations of licensed or registered items at any site or operation of Rebecca Creek Market Day.
7. Vendor acknowledges and understands that it is solely responsible for the collection of any sales or use taxes and shall in no way hold Rebecca Creek Distillery or its representatives responsible for any type of permits other than for the market day itself.
8. Vendor is solely responsible for the security for all its items at the market day location at all times.
9. We make no representation or guarantees towards actual Market Day attendance.
10. Vendor understands that Rebecca Creek Distillery has no control over weather, acts of God, acts of terrorism, or governmental intervention, or any other cause that may prevent, and or interrupt, the event, and participants shall hold Rebecca Creek Distllery harmless for any losses that could arise because of such event.
11.Rebecca Creek Distllery reserves the right to place Vendors in booth locations at its complete discretion. Rebecca Creek Distillery shall have sole and complete authority to place the participant in any location contained at the event, irrespective of the participant’s request.
12. Vendor upon vacating its space(s) shall ensure that such space shall be free of any and all trash and refuse with such being placed in the appropriate containers. Failure of the Vendor to clean their space may result in future refusal of Vendor application.
13. Vendor certifies that it maintains adequate liability insurance to cover any and all occurrences which may result in the damage or injury to any person or thing within the confines of the Vendor’s space or as a result of the Vendor’s actions at the market day.
14. Vendor will indemnity and hold harmless Rebecca Creek Distillery from any and all claims, actions, judgments, including all cost of defense and attorney’s fees incurred in defending against same, arising from and related to the Vendors participation in the event. Vendors actions include the acts of Rebecca Creek Distillery agents and employers.