Service Club of Delavan Darien Artisan Festival - Vendor Form

By submitting this form, I hereby grant the Service Club of Delavan Darien and the Artisan Festival permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Service Club of Delavan Darien and the Artisan Festival and will not be returned. I hereby irrevocably authorize the Service Club of Delavan Darien and the Artisan Festival to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge the Service Club of Delavan Darien and the Artisan Festival from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

The undersigned Vendor, individually and/or on behalf of the entity of the Vendor so named does hereby discharge, release, indemnify, hold harmless and agree to defend Service Club of Delavan Darien, its Board, officers, employees, principals, members, employees, representatives, agents, contractors and volunteers, from and against any and all damages, claims, losses, demands, costs, expenses (including attorney’s fees and costs), obligations, liens, liabilities, actions and causes of action, threatened or actual, which any one of the patrons, guests, visitors, other food trucks, or any other person or entity present at the Festival may suffer or incur arising from Vendor’s acts or the breach of any agreement, obligation, warranty or representation made herein, or for claims not related to Service Club of Delavan Darien’s duties under this Agreement. Vendor shall assume and defend at Vendor’s sole expense any and all suits or defenses of claims made against Service Club of Delavan Darien, related to the acts, omissions, or activities of every kind and nature at the Artisan Festival, including but not limited to any claim directly or indirectly related to the preparation and consumption of any food, the operation of the Vendor, or any act for which the Vendor is involved at the Artisan Festival. The foregoing indemnification of Vendor shall survive any termination or the expiration of the term of this Agreement.

By submitting this form, I hereby agree to the Vendor Responsibilities. Service Club of Delavan Darien assumes no liability or responsibility for loss or damage to the Vendor its property, employees or guests. All vendors shall: a) arrive at the Artisan Festival Congdon Gardens, 1420 Hobbs Drive, Delavan, WI 53115, in sufficient time, set up in the space so assigned, be fully set up and ready to greet guests by 9:30a.m., on the date of the Event, and shall remain open until 2:00p.m. b) Shall be equipped to accept cash and/or credit card for purchases; no WIFI or internet provided; no electricity provided. c) Shall provide logos/pictures for the Event promotions as soon as possible via email to krgaulke@gmail.com. d) Shall be responsible for the collection, reporting and payment of all Wisconsin sales tax related to products sold at the Event. The City of Delavan has waived the sellers permit fee for the Artisan Festival. and e) Certifies by its signature below that the information provided by the Vendor, including its legal authority to conduct business, is true and accurate. If serving food at the Artisan Festival, the Vendor shall comply with and perform as follows: a) Shall be fully permitted and licensed to prepare, serve and sell food in the State of Wisconsin, County of Walworth, City of Delavan, under all applicable laws, statutes, in particular Wisconsin Statute 97, and ordinances. Shall show to Service Club of Delavan Darien copies of all applicable mobile food, business and health licenses day of the event during check-in. Shall comply with all health and fire codes, permits and restrictions. c) Shall have prominently posted for viewing for all customers and visitors at the Artisan Festival all inspection grades for the serving area/food truck/booth, along with the name, address, and telephone number of the Company owner, operator, permit holder or operating business. d) Shall provide the sample menu and prices. and e) Shall also maintain and provide to Service Club of Delavan Darien, Product Liability Insurance for the sale or distribution of any food products at the Festival. Liability coverage should be in an amount no less than $1,000,000.00. The Certificate of Insurance for the coverage shall name “Service Club of Delavan Darien” as an “additional insured.”

Service Club of Delavan Darien reserves the unilateral right to cancel the Festival due to adverse weather conditions. Service Club of Delavan Darien shall provide to Vendor any such decision on cancellation by 7:00a.m., Saturday, September 23, 2023. Further, if adverse weather affects the Festival, Service Club of Delavan Darien may, at its discretion, terminate the Festival prior to 2:00 p.m. Fees will not be returned if Festival is cancelled due to weather, acts of god, health, or safety concerns; credits will be issued for the following year festival.