Knotty-N-Natural Hair Fest 2023 Vendor Agreement
This Vendor Agreement is made effective by and between Knotty-N-Natural Hair Fest, and 'The Vendor'.
WHEREAS, the Knotty-N-Natural Hair Fest is the Organizer and renter of The Greenville Convention Center located at 1 Exposition Dr, Greenville, SC 29607, (hereinafter referred to as the 'Building'), where the Knotty-N-Natural Hair Fest will be conducted; and
WHEREAS, The Vendor is engaged in your business.
NOW, THEREFORE, it is agreed that:
PURPOSE.
Knotty-N-Natural Hair Fest agrees to provide The Vendor space to conduct your business in The Greenville Convention Center, at Knotty-N-Natural Hair Fest 2023. The Vendor's use of the building is limited to the space selected by Knotty-N-Natural Hair Fest as identified prior to the event. In general, The Vendor is guaranteed the provisions of the space/package they paid for. The Vendor accepts the opportunity to participate as a vendor in the Building for Knotty-N-Natural Hair Fest 2023 commencing on Saturday, June10, 2023. The Vendor hereby accepts the following listed conditions and limitations:
HOURS OF OPERATION.
Knotty-N-Natural Hair Fest area shall remain open from 9:00AM EST to 6:00PM EST June 10, 2023, unless Knotty-N-Natural Hair Fest notifies The Vendor of other hours of operation.
INSTALLATION AND TEAR DOWN.
The Vendor shall set up the facilities for sale on Friday, June 9, 2023. The Vendor shall remove their facilities from the Building no later than 7:00PM EST and clear the assigned space on Saturday, June 10, 2023.
PAYMENT.
The Vendor is provided with the Space in the Building in exchange for the fees to paid upon signing this Agreement. Space locations will be assigned by Knotty-N-Natural Hair Fest and provided to The Vendor in advance of the event. All payments are final.
APPEARANCE.
The Vendor is responsible for cleaning and maintaining the Space provided in an organized and neat manner. This responsibility includes The Vendor's responsibility to remove bulk trash. Should The Vendor fail to keep the Space in an orderly manner, it will result in additional removal fees.
EXTRA SERVICES
Knotty-N-Natural Hair Fest is not obliged to provide telephone, water, electrical or drain services to The Vendor. Such provisios may be requested and purchased directly from the building services.
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.
The Vendor shall ensure the proper quality of the products sold and shall comply with all applicable laws as to the vendor's sales.
EMPLOYMENT OF STAFF.
The Vendor will employ adequate staff ath their own cost in order to operate the Space provided by Knotty- N-Natural Hair Fest.
FOOD AND BEVERAGES.
No food or beverage may be brought into the Building by The Vendor from outside. All foods and beverages shall be purchased from facilities provided for the event. This excludes snacks and closed container beverages.
INSURANCE.
The Vendor is solely responsible to obtain insurance coverage on property brought into the Building. They assume full responsibility for items left in the facility. Knotty-N-Natural Hair Fest accepts no liability for lost, stolen, or damaged property and is not required to carry additional insurance to cover The Vendor's property.
INDEMNIFICATION.
The Vendor agrees to indemnify and hold Knotty-N-Natural Hair Fest harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Knotty-N-Natural Hair Fest that result from the acts or omissions of The Vendor and/or The Vendor's employees, agents, or representatives. Knotty-N-Natural Hair Fest shall be solely responsible for ensuring all applicable laws are followed and complied with in selling and presenting Knotty-N-Natural Hair Fest'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 2 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 the 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, 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, work stoppages, 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 South Carolina.
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 non-assigning party, which approval shall not be unreasonably withheld.
SIGNATORIES.
This Agreement shall be signed on behalf of Knotty-N-Natural Hair Fest by Porscha Danielle Davis and by The Vendor and shall be effective on the same date as payment received.
