VENDOR AGREEMENT

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This Vendor Agreement is made effective as of _________________, by and between Eventwerks, LLC and _________________________________________ of _________________________________________ WHEREAS, Eventwerks,

 

LLC is the Organizer of the event located at 10 E 3rd Street, Medford, Oregon 97501 (herein after referred as the 'Building'), where

 

the The Nightmare Chamber Haunted House will be conducted; and WHEREAS, _________________________________ is

 

engaged in the business of Vending. NOW, THEREFORE, it is agreed that: PURPOSE. Eventwerks, LLC agrees to provide a 100 sq

 

ft space to conduct __________________________'s business in the midway, at The Nightmare Chamber Haunted House.

 

______________________________'s use of Eventwerks, LLC’s building is limited to the space selected by Eventwerks, LLC as

 

identified prior to the event. In general, __________________________________ is guaranteed a minimum of 100 square feet of

 

space. __________________________________ accepts the opportunity to participate as a vendor in the Building for The

 

Nightmare Chamber Haunted House commencing on _____________________ and ending on _______________________

 

__________________________________ hereby accepts the following listed conditions and limitations. HOURS OF OPERATION.

 

Midway area shall remain open from 6:30 PM to 11 PM each day the Event is in progress, unless Eventwerks, LLC notifies

 

____________________________________ of other hours of operation.

 

INSTALLATION AND TEAR DOWN. ___________________________________ shall set up the facilities for sale on

 

_________________, between _________________ and _________________ . Shall remove his/her facilities for sale from the

 

Building no later than _________________ on _________________. PAYMENT. __________________________________ is

 

provided with the Space in the Building in exchange for $_________________ to paid upon signing this Agreement. Space locations

 

will be assigned by Eventwerks, LLC and provided to ________________________________ in advance of the Event. No % of

 

gross or net profits will be kept by Eventwerks, LLC.

 

APPEARANCE. ___________________________________ is responsible for cleaning and maintaining the Space provided in an organized and neat manner. This responsibility includes ___________________________'s responsibility to remove bulk trash. Should ______________________________ fail to keep the Space in an orderly manner will result in additional removal fees.

 

EXTRA SERVICES. Eventwerks, LLC will provide electricity for the booth. Eventwerks, LLC is not obliged to provide telephone, water, and drain services to _____________________________.

 

DISPLAYS AND SIGNS. All displays in the building must be free standing. Nothing may attach to walls or columns of the building by any means at all. Signs must be free standing. Signs should not block other vendor's shops. Signs may not attach to the walls or columns of the building.

 

QUALITY PRODUCTS. _________________ shall ensure proper quality of the products sold. _________________ shall comply with all applicable laws as to vendor's sales.

 

EMPLOYMENT OF STAFF. _________________ will employ adequate staff at _________________'s own cost in order to operating the Space provided by _________________.

 

FOOD AND BEVERAGES. You may provide food and/or drinks for yourself. Eventwerks, LLC will not provide food and/or drinks for vendors.

 

INSURANCE. _________________ is solely responsible to obtain insurance coverage on property brought into the Building. _________________ assumes full responsibility for items left in the facility. Eventwerks, LLC accepts no liability for lost, stolen or damages property and is not required to carry additional insurance to cover _________________'s property.

 

INDEMNIFICATION. ________________________agrees to indemnify and hold Eventwerks, LLC harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Eventwerks, LLC. that result from the acts or omissions of _________________'s employees, agents, or representatives. _________________ shall be solely responsible for insuring all applicable laws are followed and complied with in selling and presenting _________________'s products and services at the Event. DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement: a. The failure to make a required payment when due. b. The insolvency or bankruptcy of either party. c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. d. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.

 

REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

 

FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

 

ARBITRATION. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

 

ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

 

SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

 

AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

 

GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Oregon. NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

 

WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. ASSIGNMENT. Neither party may assign or transfer this Agreement without the prior written consent of the nonassigning party, which approval shall not be unreasonably withheld.

 

SIGNATORIES. This Agreement shall be signed on behalf of Eventwerks, LLC by Robin Downward, Director and on behalf of _________________ by _________________ and shall be effective as of the date first written above. Organizer: Eventwerks, LLC By: s_Af_Recipient_Signer_Name_ Date: d_Af_Recipient_Signer_Date_ Robin Downward Director Vendor: _________________ By: s_Af_Provider_Signer_Name_ Date: d_Af_Provider_Signer_Date_ _________________ ________________​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

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