2023 Prairie Fire Race Vendor Expo Application & Contract

The parties to this agreement include Vendor and the Wichita Sports Commission (WSC). This agreement is entered on the date first set forth above between WSC and Vendor. WSC is responsible for organizing, managing, and operating the event. Now, therefore, in consideration of the forgoing, and the mutual promises, representations set forth below, the parties agree to all the terms and conditions set forth later in this form. Exhibit A, pursuant to which vendor shall purchase the following services from the WSC. 

Note*- If you require power, please bring 100-foot extension cord + power strip. 

I, the undersigned, understand this form will become a binding contract upon acceptance by the WSC and is subject to the items stated in the Contract Terms and Conditions.

A. Payments: Wichita Sports Commission (WSC) is not required to provide any booth space unless this signed Contract is received by WSC, Vendor completes its booth at least one hour prior to the opening of the beginning of event, and WSC receives Vendor’s payment of all amounts due for the service reflected on the front hereof no later than 15 days prior to the event. There will be no refunds on deposits or payments. In the event that the event is cancelled for reasons unrelated to the Vendor’s conduct, WSC will refund the entire amount of the deposit previously made by Vendor. Such refund will be complete and full compensation for the cancellation of the event and Vendor will not be entitled to recover any damages or costs other than such refund. Vendor will pay all costs of collection, including reasonable attorney’s fees and returned check expenses, and interest shall accrue on the total amount at 18% per annum on all amounts not paid by Vendor to WSC when due. If no notification in writing of cancellation has been received 30 days prior to the event, Vendor will be held financially responsible for the space rental.

B. Limitation of Liability: Vendor hereby expressly releases WSC members, their staff and board of directors, Sedgwick County and sponsors of event from any liability and waives any and all demands, claims, and causes of action in law or in equity, related to any defect deficiency, failure or impairment of utilities or other facilities, including water, heating, electricity, ventilation, refrigeration or other mechanical systems failure; the conduct, negligence or claims of any Vendor, or attendee; and any fi re, flood, strike or weather or other act beyond the control of WSC.

C. Vendor Space: WSC reserves the right to reposition location of Vendor booth in advance of the event for any reason it deems necessary, although WASC will attempt to fulfill any reasonable requests for booth location.

D. Booth Installation: Booth setup is the full responsibility of the Vendor. Vehicles must be removed from the loading area as soon as unloaded. All exhibits must remain assembled and staffed throughout event hours until the official closing time. Vendor shall not disassemble its display prior to the closing of the show to prevent disruption. Vendor shall be solely responsible for Vendor’s display and Vendor’s personal property, including products, furniture, equipment, records, written materials, computers, exhibits and signs. Vendors agree to comply with city and state laws, ordinances and regulations, and regulations of Hyatt Regency Wichita covering fire, safety, health and other matters. 

E. Insurance: Vendor shall have and maintain in force, at Vendor’s expense, replacement cost insurance for all of Vendor’s personal property located anywhere at or near event site. Such insurance shall provide for loss, damage, or injury due to theft, fire, act of God and any other casualty. WSC shall not have any liability for the protection, care or maintenance of any property belonging to Vendor.

F. Booth Authorized Representative: Vendor must designate one person as its authorized representative at the booth. Any written or verbal notices given to the authorized representative shall be deemed received by the Vendor.

G. Indemnificaton: Vendor assumes liability for all content, including text, design, characters, software, representations, and illustrations of its advertising and booth, and hereby indemnifies and holds WSC harmless from any damages, cost, liability, or claims related thereto, including, but not limited to, claims of defamation, libel, slander, copyright infringement, trademark infringement, patent infringement, unfair competition, fraud or false advertising. Vendor indemnifies WSC from any damages, costs or liability related to any claims by individuals who are injured as a result of negligence by the Vendor. In addition to indemnifying and holding WSC harmless, Vendor hereby covenants and agrees that any claims it may have against WSC shall be limited to the amount which the Vendor has paid for the purpose of exhibiting under this Contract.

H. No Guaantee of Results: WSC does not warranty or guarantee any particular results of the show, nor does it guarantee a particular number of Vendors or attendees.

I. Dispute: In the event of any dispute related to the terms of this Contract, the agreement is to be submitted to the jurisdiction of the District Court of Sedgwick County, where venue will be proper. The prevailing party shall be entitled to recover costs and attorney’s fees. This Contract shall be interpreted and construed pursuant to the laws of the state of Kansas.

J. Complete Agreement: This Contract incorporates and constitutes the full understanding of the parties and supersedes any and all prior agreements, understandings or representations. The parties hereby agree that there are no other understandings or agreements which are not contained in this Contract.

K. Notices: All notices between WSC and Vendor shall be in writing and shall be deemed delivered when actually received by hand delivery, fax transmissions, email, or by United States certified mail, return receipt requested.

L. No Partnership: This Contract shall not be construed to create a partnership or otherwise create any relationship or agency. No party may act on behalf of another without receiving written authorization.

M. WSC Authority: WSC shall have the right and authority to modify various conditions of the event, including the times and content of various components of event, and times which attendees may view booths. 

Booth Authorized Representative: