SAMPLE LICENSE AGREEMENT INTENDED
ONLY AS A PREVIEW DURING YOUR
APPLICATION AND VETTING PROCESS
This show license (this “License Agreement”) is by and between Marburger Farm Show Operating Company, LLC, a Texas limited liability company (the “Company”) and (“Exhibitor”). This License Agreement will be effective on the date that it is signed by the Exhibitor only if the Exhibitor who signs the License Agreement is the original recipient of License Agreement from the Company.
The Company will operate an antique show in Round Top, Texas, at Marburger Farm located on Highway 237, approximately halfway between Round Top and Warrenton, Texas, from March 25 through March 29 (the “Show”). The Company agrees to license one or more booth(s) or space(s) to Exhibitor for the Show, subject to terms and conditions of this License Agreement. The location of the booth(s)/space(s) will be determined by the Company.
Payment Terms: Exhibitor is responsible for payment of $1000 of the booth/space fee (the “Deposit”) to Company upon receipt of this executed License Agreement by the Company. The Deposit is due by December 1, 2024. The booth/space fee payment is due by January 15, 2025. If this License Agreement is executed after January 15, the full booth/space fee payment is due from Exhibitor upon receipt of invoice from the Company. If full payment is not timely received, the Company may terminate this License Agreement and revoke the license and terminate all of the Exhibitor’s rights to the booth(s) or space(s). Charges for additional services or items ordered by, or otherwise provided to, Exhibitor before and/or during the Show shall be paid by the Exhibitor as invoiced. Payment for such additional services or items is due upon receipt of invoice. All deposits and payments are non-transferable and non-refundable.
Set-up and Dismantling Periods: The Exhibitor shall begin and complete all setting up and dismantling of the booth(s)/space(s) at the times provided by the Company. The Company bears no responsibility whatsoever for, and expressly disclaims any responsibility or liability for, inbound or outbound shipment of the Exhibitor’s property and/or merchandise.
A closed set up will begin at 8:00 AM on Friday, March 21, and will continue through the Monday, March 24.
At 9:00 AM on the Tuesday of the Show, early admission (paid admission/early buying) will begin. At 2:00 PM on this same day, general admission begins and will continue through 4:00 PM on the Saturday of the Show.
EXHIBITORS MUST VACATE THEIR SPACE NO LATER THAN 5:00 PM ON SUNDAY, ONE DAY AFTER THE SHOW CLOSES.
Security: Security for the Show shall be provided by the Company, on a 24-hour basis, beginning at 7:00 AM on Friday, March 21, and extending through 5:00 PM on Sunday, March 26. The Company shall determine, in its sole discretion, the number of security personnel to be hired and how the security personnel patrol the Show. The Company may take other measures as it deems necessary, as the Company determines in its sole discretion, to provide adequate security for the Show. THE COMPANY DOES NOT ASSUME RESPONSIBILITY FOR THE GOODS, MERCHANDISE OR OTHER PERSONAL PROPERTY OF EXHIBITOR. THE COMPANY DISCLAIMS ANY LIABILITY FOR PROPERTY THAT IS LOST, STOLEN OR OTHERWISE DAMAGED DURING AND LEADING UP TO THE SHOW.
Insurance, Liability, and Indemnification: The Exhibitor must insure its property against the risks of fire, theft, burglary, breakage and leakage and water damage, and the risks of transport to and from the Show. The Company shall not be liable to the Exhibitor, its employees, agents or representatives, or any other person for any injury, damage or loss whatsoever to the Exhibitor’s property arising from any cause whatsoever. Without limiting the foregoing, the Company shall not be liable for any loss incurred by the failure of the Exhibitor to obtain insurance or the failure of such insurance to cover any loss. The Exhibitor agrees to indemnify, defend, and hold the Company, RT Marburger Land 2021 LP, Brook Partners, Inc., and their officers, employees, and agents (each, a “Company Party”) harmless from and against, and hereby releases each Company Party from liability with respect to, all claims, demands, liabilities, suits, causes of action, losses and damages (including attorney’s fees) (collectively, “Losses”) incurred in connection with or arising out of Exhibitor’s sales and participation in the Show, Exhibitor’s breach of this License Agreement, or the acts of Exhibitor or its owners, representatives, agents, invitees, licensees, or employees, including without limitation losses arising out of any injury or death to person or persons or damage to or destruction of property. Furthermore, Exhibitor releases the Company for losses that it may incur due to theft or casualty or if the Show does not occur for any reason or is cut short. THESE INDEMNITIES AND RELEASES WILL BE EFFECTIVE EVEN IF AN INDEMNIFIED OR RELEASED PARTY IS NEGLIGENT OR WOULD OTHERWISE BY STRICTLY LIABLE UNDER APPLICABLE LAW.
The Exhibitor is responsible for any and all damage to the Company exhibition space, including the booth(s)/space(s) licensed to Exhibitor hereunder, caused by the acts or omissions of the Exhibitor, its employees, agents or representatives. Exhibitor is responsible for leaving each of the booth(s)/space(s) in the same condition in which it was found, normal wear and tear excepted. The Exhibitor must remove its property from each booth/space, render each booth/space area and walls free of all hanging devices, crates, cartons and all other matter, and vacate each booth/space area by 5:00 pm on Sunday, one day after the show closes.
Exhibitor will carry a minimum of $1,000,000 liability insurance naming the three (3) entities listed below as additional insureds and waiving subrogation against the Company Parties. Exhibitor will provide the Company with a certificate evidencing such insurance at least thirty (30) days before the Show.
Marburger Farm Show Operating Company, LLC
RT Marburger Land 2021 LP
Brook Partners, Inc
150 Manufacturing St, #215
Dallas, TX 75230
Under Description of Operations, describe the service being performed. Please include the following:
Certificate Holder is shown as Additional Insured on General Liability as per written contract under Blanket Additional insured Endorsement. The above referenced policies include waiver of subrogation in favor of the certificate holder where required by written contract.
Please forward Certificates of Insurance as follows:
Tracy Blacketer
Business Manager, Marburger Farm
tracy@marburgershow.com
Authentication Policy: Exhibitor agrees that all merchandise will be antique, authentic, as purported on descriptive price tags and sales receipts, and in compliance with the Company’s Authentication Policy. Exhibitor will be required to sign an “Authentication Agreement” to participate in the Show.
Withdrawal by Exhibitor: Exhibitor acknowledges that, if it withdraws from the Show, the Company may, at its sole election, choose to carry over the Deposit to the next show, or to retain some or all of Exhibitor’s deposit.
Fees, Rules, and Regulations: The Company may establish or change fees, rules and regulations, or policies regarding the Show and the exhibitors, and Exhibitor agrees to comply with any such establishment of or changes to any fees, rules. regulations and/or policies. Exhibitor may not let anyone else use its booth, or booths, unless previously approved in writing by the Company, and may not assign this License Agreement.
Location: At its sole discretion, the Company may change the location of the allocated booth(s)/space(s); slightly reduce or increase booth/space size; or otherwise alter the location and/or configuration of the booth/space. The Company reserves the right to rearrange the layout of unoccupied areas; to alter entrances, exits and passageways to and from the exhibition spaces (tents, historic buildings, etc.), the exhibition space corridors, halls, and aisles; and to undertake other structural modifications and alterations as it deems necessary in its sole discretion.
The Company may terminate Exhibitor’s license if Exhibitor breaches this License Agreement; in such event, Exhibitor will not be entitled to a refund of any amount(s) paid.