TERMS AND CONDITIONS (Updated April 14, 2022)
AGREEMENT
This agreement is entered into on the date noted below (“Effective Date”), by and between Tulsa Oktoberfest, Inc., an Oklahoma non-profit corporation, 2121 South Columbia Ave, Suite 205, Tulsa, OK 74114, (“OKT”), and the Exhibitor (“Exhibitor”).
WHEREAS, OKT has jurisdiction and control over certain areas for the production October 19 - 23, with setup on October 18 through 19, 2022 (“Event”), and is providing space for the Exhibitor to exhibit and sell his/her work during the Event;
WHEREAS, the Exhibitor is paying a fee of more than one dollar for the use of this space during the Event;
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements set forth herein, the parties agree as follows:
Section 1: Controlling Agreement
All provisions of any understandings between OKT and the Exhibitor, either oral or written, shall be subject to and governed by all the terms and conditions of this Agreement to the same extent and with the same effect as if the terms and conditions hereof were incorporated in such oral or written agreements. It is expressly understood and agreed that the provisions hereof are controlling.
Section 2: Term of the Agreement
This Contract shall commence on October 18, 2022 and shall continue through 11:59 PM Central Time on October 23, 2022.
Section 3: General Conditions
The Exhibitor shall supervise and maintain the space provided, using his/her skill and attention, and shall be solely responsible for all labor, material, equipment, tools and other facilities used by him/her during the term of this contract.
The Exhibitor shall at all times enforce strict discipline and good order among his/her employees and volunteers and shall not employ any unfit person or anyone not skilled in the task assigned to him/her. The Exhibitor shall be responsible for initiating and maintaining and supervising all safety precautions in his/her assigned space.
The Exhibitor shall maintain his/her display booth operation in an orderly manner and shall comply with all City Ordinances and Codes applicable to such an operation.
It is understood and agreed that the Exhibitor is acting as an independent contractor in his/her capacity hereunder. The Exhibitor shall be responsible for all acts or omissions of its employees and volunteers. Nothing contained in this Agreement or in the relationship of OKT and the Exhibitor shall be deemed to constitute a partnership, joint venture or agency relationship between OKT and the Exhibitor.
It is understood and agreed that the fee, required from each participating Exhibitor, is necessary to cover Event costs. Exhibitor will keep 100% of their Event sales. Exhibitor is responsible for the payment of all applicable sales taxes unless specifically arranged in advance and in writing.
It is understood and agreed that the fee, required from each participating Exhibitor, includes individual liability insurance for the Exhibitor, which will specifically cover Exhibitor's liability if Exhibitor's work or facilities would damage or injure other parties while on OKT property. This is a non-refundable, non-negotiable fee.
It is understood and agreed that, in keeping with our commitment of fair and equitable practice, should any occasion arise where, in the view of the Director/Producer, Producer or their representatives, the Exhibitor is not in compliance with policy and procedure, the Exhibitor’s full cooperation is expected in an effort to resolve all disputes, claims and complaints. It is further understood the decisions rendered by the Director/Producer, Producer, or his/her representatives will be final.
It is understood and agreed that should an Exhibitor wish to withdraw from the Event, OKT must be notified in writing and the notification received in our Tulsa offices no later than the end of business on October 1, 2022. Thereafter, the full amount of booth fees and any other costs that may have been incurred will be due to OKT. After October 1, 2022, OKT will not issue refunds for any reason whatsoever.
It is understood and agreed that an Exhibitor who does not register with Event officials by 12pm (noon) on Wednesday, October 19, 2022, or has not contacted our offices via phone or email to make alternate arrangements, will forfeit all rights to occupy their booth space and OKT may utilize the space for other purposes. In such event, the Exhibitor will remain liable for the full booth fee. It is understood and agreed that no refunds or preferred treatment can be made for inclement weather or any other cause not in the control of OKT. There is no provision other than the decision of the on-site jury that may provide any Exhibitor the opportunity to return to the Event in 2023.
It is understood and agreed that OKT may, if required by force majeure or other reasons beyond its control, postpone or shorten the Event. No Exhibitor shall have any right or claim for any damages whether direct, indirect or consequential, or any other kind, arising or alleged to arise by reason of any postponement or cancellation of the Event.
Section 4: Exhibitor Conditions
Exhibitor hereby acknowledges notice and acceptance of the following regulations and procedures, as well as other regulations and policies set forth in OKT’s Exhibitor Policies:
All Exhibitors represented in his or her Application Profile (“APP”) as Exhibitor must be present during the entire exhibit hours posted for the public.
All Exhibitors will be required to show photo identification at check-in, and on each day of the Event. Should it be found that all Exhibitors are not present, and advance permission from the Director/Producer is not on file as to an approved absence, the Exhibitor will be removed from the Event without recourse.
Exhibitors wishing an exemption from this policy should contact the Director/Producer in writing, before October 1, 2022, with an explanation as to why there may be an attendance issue. Only the Director/Producer may grant an exception to this policy, and exemptions can only be based on family or personal medical emergencies. A written doctor’s statement will be required.
Works exhibited must be consistent with images submitted by Exhibitor(s). The addition of other bodies of Work not specifically juried into the Event will be requested to be removed from sale. Non-compliance will result in removal from the Event without recourse. Images submitted with APP, including the booth image, will be referenced in determining the definition of the body of work and the proportion and appropriateness of the types of work being shown.
Merchandise containing official Tulsa Oktoberfest or Tulsa Oktoberfest, Inc. logo(s) or the words, “Tulsa Oktoberfest,” or “Oktoberfest in Tulsa,” or any likeness or derivative thereof, are the express property of OKT and may not be sold by Exhibitor(s) or incorporated into works and sold to the public without the express written permission of OKT. Likenesses include but are not limited to images or representations of Event icons Biermeister, Chicken or STV das Glockenspiel.
OKT will bind liability insurance on behalf of Exhibitor, naming OKT and its assigns as additional insured, and the cost of this insurance is included in the Fee paid to exhibit. This insurance does NOT cover Exhibitor’s property or work in any way. OKT will not be responsible for damage to work or set-up. This is a non-refundable, non-negotiable fee.
The booth image submitted with Exhibitor’s APP will be referenced by Event representatives in order to determine the appropriateness of the booth’s design integrity in order to maintain the highest possible standards of presentation at the Event.
All work must be confined to the space provided by the Event. Storage must be incorporated into the booth area provided. At no time shall Exhibitor’s work be gathered, stored or otherwise set on the grass, walkways, against other structures or in the public right of way.
All Exhibitors are expected to comply with all regulations and respect exhibit standards. OKT reserves the right and responsibility to ensure compliance of all regulations. This is not limited to refusal of any work to be exhibited that is not consistent with images submitted and work accepted for display by the jury. Failure to comply and cooperate with Event officials will result in the exhibitor’s removal from the show and exhibitor’s right to exhibit in future shows may be refused.
PLEASE DO NOT bring pets (Note: Service animals are welcome but will be verified). Animals included but are not limited to: birds, cats, dogs, fish, horses, monkeys, rats and snakes.
Exhibitor agrees to try to limit his/her electrical requirements to no more than 300 watts per space; however, additional electric is available if needed for an additional fee.
Section 5: Fees
Exhibitor agrees to pay the following fees for the rights to use one space:
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10’ x 10’, under tent: $350
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10’ x 10’, outdoor: $315
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10’ x 20’, under tent: $610
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10’ x 20’, outdoor: $535
Note: Additional Space may be available and pricing may vary depending on the size and area requested by the Exhibitor.
Fees may be paid using PayPal, check, credit card or money order.
Additional rental fees (“Additions”) may be required for the use of additional electric, tables, chairs or tents.
Section 6: Loss or Damage to Exhibitor’s Property
EXHIBITOR UNDERSTANDS AND EXPRESSLY AGREES THAT HE/SHE IS BRINGING ALL OF HIS/HER PERSONAL PROPERTY, ART, WARES, EQUIPMENT AND VALUABLES OF ANY SORT ON THE EVENT SITE AT HIS/HER SOLE RISK AND FURTHER AGREES TO INDEMINIFY THE RELEASED PARTIES (AS HERINAFTER DEFINED) AND HOLD THE RELEASED PARTIES HARMLESS FROM ALL CLAIMS AGAINST OKT, RIVER PARKS AUTHORITY, THE CITY OF TULSA, OK, TULSA COUNTY AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTOR/PRODUCERS, EMPLOYEES, VOLUNTEERS, AGENTS, CONTRACTORS, AND CONTRIBUTORS (COLLECTIVELY, “RELEASED PARTIES”) FOR LOSS, DAMAGE OR DESTRUCTION OF SAID PROPERTY OR INJURY TO PERSONS AND FOR ALL COSTS AND EXPENSES ASSOCIATED THEREWITH (INCLUDING REASONABLE ATTORNEY’S FEES). EXHIBITOR UNDERSTANDS AND EXPRESSLY AGREES THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR SAID PROPERTY OR PERSONAL INJURY EVEN IF SUCH LOSS IS DUE TO THE NEGLEGENCE OF ANY RELEASED PARTY.
FEES PAID INCLUDE INDIVIDUAL LIABILITY INSURANCE , WHICH OKT SHALL SECURE AND BIND ON BEHALF OF EXHIBITOR. THIS LIABILITY INSURANCE DOES NOT COVER PERSONAL PROPERTY IN ANY WAY AND IS SOLELY FOR LIABILITY AND DAMAGES CAUSED BY EXHIBITORS’ WARES OR OTHER ELEMENTS. THIS INSURANCE IS BOUND THROUGH HAAS AND WILKERSON INSURANCE IN THE EXHIBITOR’S NAME AND IS NON-REFUNDABLE OR NEGOTIABLE.
SHOULD EXHIBITOR CHOOSE TO ENSURE EXHIBITORS’ OWN PERSONAL PROPERTY, HIS/HER INSURANCE CONTRACT SHALL BE AMENDED SPECIFICALLY WAIVING ALL RIGHTS OF SUBROGATION IN FAVOR OF ALL RELEASED PARTIES.
Section 7: Loss of Money or Other Valuables
All money or other valuables on site in the custody of the Exhibitor are at the sole risk of the Exhibitor and it is expressly understood the Released Parties are not responsible for providing any security or protection of such money or valuables and that the Released Parties are not responsible for liable for any loss of money or valuables. Exhibitor hereby expressly waives any claim for such loss in favor of the Released Parties.
Section 8: Compliance with Laws and Exclusionary Policy
Exhibitor agrees to comply with all Federal, State, Municipal and other laws, ordinances, rules, and regulations applicable to this Event and will work with OKT to comply with its regulations.
Exhibitor hereby acknowledges notice of and agrees to adhere to the weapons policy established by OKT. Under this policy Exhibitor agrees not to carry any guns, firearms or weapons of any kind while participating in the Event, regardless of whether the Exhibitor is licensed to carry a concealed handgun. An Exhibitor’s failure to abide by the weapons policy shall constitute a default under this Agreement.
In the interest of public safety and welfare, OKT has established a policy relating to crimes of moral turpitude. Moral turpitude for this purpose is defined as an act or behavior that gravely violates the sentiment or accepted standard of the community. Anyone charged with such a crime shall not be permitted to operate a space at the Event until such charges have been completely adjudicated. This policy remains in effect for the duration of the Event. Exhibitor hereby acknowledges notice of and agrees to adhere to this policy.
COVID-19 HOLD HARMLESS: Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in the Event. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children for whom I have the capacity contract) TULSA OKTOBERFEST, INC., THE CITY OF TULSA, TULSA COUNTY, DOWNIE PRODUCTIONS, INC., their owners, officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result being on the premises and participating in the Event.
This Terms and Conditions above comprise the Arts and Crafts Agreement. Should you be selected to show at Linde Oktoberfest, an Agreement with this language must be signed and submitted by September 1, 2022, or it will become null and void.