1. AGREEMENT: This Agreement shall become a contract between the Vendor and Sugar High upon execution by authorized representatives of both parties.
Upon formation of the contract and subject to the terms and conditions of this Agreement, Sugar High agrees to allow Vendor to operate a food booth at:
- Sugar High Dessert Festival (Event) being held on Saturday, September 23, 2023 (Date) at the Mountain America Expo Center in Sandy, UT (Venue) from 11:00am to 6:00pm (Time).
- Vendor agrees to operate the booth and to otherwise perform in accordance with this Agreement.
2. BOOTH: Vendor consents to assignment of booth space within Venue by Sugar High at such location as Sugar High may determine. All booth locations will be determined by Sugar High, based on Venue layout and other factors.
- Vendor agrees to remain operational and in place during the festival Time of 11:00am to 6:00pm.
- Vendor agrees to be completely setup and ready to hand out samples by 10:30am on day of Event.
3. SAMPLES: Sampling Vendor agrees to submit forms detailing sample sizes/descriptions to the Venue catering company (Centerplate) for approval. TWO forms are required to be submitted and are included below.
- Vendor agrees to abide by any terms and conditions set forth by Centerplate.
- Vendor agrees to have samples approved by Centerplate no later than THREE WEEKS PRIOR (September 2, 2023) to the Event.
4. SELL: If Vendor wishes to sell food and/or beverage products during the Event, all for-sale products must be:
- Approved by Centerplate, and
- Be pre-packaged for consumption off-site.
- Vendor is not required to pay Sugar High a commission or fee from any food/beverage sales at the Event.
Sugar High cannot guarantee the amount of sales or volume of product Vendor will sell through participation in the Event.
5. LAW: Vendor shall at all times remain in compliance with applicable federal, state, and local laws, ordinances, and regulations governing the rights, obligations, and performance of Vendor under this Agreement.
As applicable, Vendor must comply with health and safety requirements and obtain necessary licensing or permits for handling and/or sale of food and beverages during the Event.
6. CLEAN: Vendor must keep its booth and the surrounding area neat, clean, and free of trash and debris. Sugar High will provide trash cans for use by attendees and Vendor throughout the Venue. Vendor is responsible for disposing of their own trash.
7. DUTIES:
(a) Vendor agrees to comply with all deadlines for organization and performance of the Event as established by Sugar High.
(b) Vendor agrees to cooperate with Sugar High in planning and conducting the Event.
(c) Sampling Vendor agrees to have and maintain the capability to provide at least 750 (seven hundred and fifty) bite-sized samples to be given away to attendees during the Event.
8. DEFAULT: If, after executing this agreement, Vendor cannot fulfill the obligations set forth herein, or is unable or unwilling to attend or participate at the Event for any reason:
- If Vendor cancels at ANY TIME after completing this agreement, but at least 30 days prior to Event, Vendor forfeits all moneys previously paid to Sugar High including, but not limited to booth fees, advertising fees, Venue fees, or sponsorship fees.
- If Vendor cancels less than 30 days prior to the Event, Vendor forfeits all moneys previously paid to Sugar High including, but not limited to booth fees, advertising fees, Venue fees, or sponsorship fees, AND Sugar High will assess Vendor a penalty of $500, payable to Sugar High and due immediately upon default.
9. FORCE MAJEURE: Neither party shall be liable to the other for any delay nor failure of performance due to government action, court order, civil disturbance, inclement weather, act of God, or other cause beyond the reasonable control of the party whose performance is delayed or prevented.
10. LIABILITY: Except as otherwise specified in this Agreement, neither party shall be liable to the other party for consequential damages, including loss of profit nor revenue, for any breach of this Agreement.
11. WAIVER: Vendor shall indemnify and hold harmless Sugar High from all claims which may be brought by its workers against Sugar High arising out of the vendor’s activities during this Event.