By submitting this agreement for Smart Music Fest, LLC, the undersigned vendor (“Vendor”) agrees to be bound by each and every term set forth herein and the terms and representations set forth in the Application, which is incorporated herein by reference as though fully set forth.
If the Vendor violates any term of this agreement and/or the authorized agents of Smart Music Fest, LLC may within their sole discretion and at any time (1) terminate this agreement, (2) require Vendor, immediately upon notice of violation of this agreement, to cease operations and vacate the premises, and (3) forfeit any and all fees paid for the right and privilege of participating in future shows. This agreement represents the entire agreement between Smart Music Fest, LLC and the Vendor and may not be amended without the mutual consent of both parties set forth in writing and signed by authorized representatives of Smart Music Fest, LLC and the Vendor.
1. All food trucks/tents and or vendors serving or selling prepackaged and or ready-to-eat food must comply with the following requirements to attend the Smart Music Fest. As part of the effort to reduce the amount of material sent to the landfill, the event needs to ensure that proper single use materials are procured by vendors for distribution to guests during the event. The single use materials referenced in this memorandum include but are not limited to cups, plates, bowls, clam shells, utensils, straws, napkins, ramekins, and any other item used for the distribution of food and beverages. Excluded from this list of single use items is commercially bottled beverages, chip bags, and condiment packages.
NewTerra Compost provides a full line of compostable materials to replace any single-use plastic items typically used at events. Materials are competitively priced and tested to ensure their quality. Sourcing materials through NewTerra Compost ensures that they are certified by BPI as compostable and will break down in their composting process. The certification from BPI ensures that no trace chemicals
or plastic will be left behind as the material is composted.
By agreeing to attend this Smart Music Fest LLC, you are agreeing to purchase and use all single use materials from NewTerra Compost. Any outside materials not purchased from NewTerra Compost will not be authorized for use during the event. Failure to comply will result in your removal from the event with no refunds from Smart Music Fest or NewTerra Compost.
2. All vendors must submit an application and go through the approval process.
3. Smart Music Fest, LLC agrees to provide each Vendor with one assigned space(s).
4. Vendor agrees to obey all rules and instructions as directed by the Event Organizer. Any failure to strictly adhere to such rules or instructions may result in the immediate termination of this agreement and immediate forfeiture of any and all fees paid.
5. Vendor hereby acknowledges its liability, and agrees to compensate Smart Music Fest, LLC for any damage(s) caused by, including but not limited to, its representatives, agents, employees, volunteers, members, vehicles, equipment, materials and objects to the environs and infrastructure of Ross's Landing or McDonald Farm which causes Smart Music Fest, LLC to pay for repair, replacement, or other remuneration to aforementioned for such damage to the environs or infrastructure of Ross's Landing or McDonald Farm.
6. As a courtesy to other vendors and festival participants, any amplified sound or loud noise from Vendor’s space is prohibited.
7. Smart Music Fest, LLC and those individuals or groups which have submitted all appropriate documentation shall be permitted to serve, sell or in any way provide beverages (including water) or food at any site or operation of Smart Music Fest, LLC. Violation of this provision and/or any portion of the health code are grounds for immediate expulsion from the market grounds. Food trucks and food vendors are responsible for listing Smart Music Fest, LLC as additional insured.
8. Smart Music Fest, LLC reserves the right to prohibit, within any booth or on the festival grounds, the display, advertisement, or other promotion of any business, company, or organization which may be in conflict with a current Smart Music Fest, LLC sponsor. Any questions concerning current sponsors should be directed to the Event Organizer prior to the event.
9. Vendor shall not display, offer for view or sale any illegal or contraband items. The laws of the State of Tennessee and local ordinances of the Chattanooga or Sale Creek, TN shall control. Vendors shall not display, offer for view or sale any items that are unlicensed and/or copies/interpretations of licensed or registered items at any site or operation of any Smart Music Fest, LLC events.
10. Vendor acknowledges and understands that it is solely responsible for the collection of any sales or use taxes and shall in no way hold Smart Music Fest, LLC or its representatives responsible for any type of permits other than for the market itself.
11. Vendor is solely responsible for the security for all its items at the market location/s at all times.
12. We make no representation or guarantees towards actual market attendance.
13. The vendor acknowledges that Smart Music Fest, LLC cannot control weather, acts of God, acts of terrorism, governmental intervention, or any other unforeseen circumstances that may hinder or disrupt the event. Participants agree to absolve Smart Music Fest, LLC from any losses resulting from such events. In such cases, a credit will be applied for future markets.
14. Smart Music Fest, LLC reserves the right to place Vendors in booth locations at its complete discretion. Smart Music Fest, LLC shall have sole and complete authority to place the participant in any location contained at the event, irrespective of the participant’s request.
15. Vendor upon vacating its space(s) shall ensure that such space shall be free of any and all trash and refuse with such being placed in the appropriate containers. Failure of the Vendor to clean their space may result in future refusal of Vendor application.
16. Vendor certifies that it maintains adequate liability insurance to cover any and all occurrences which may result in the damage or injury to any person or thing within the confines of the Vendor’s space or as a result of the Vendor’s actions at the festival.
17. Vendor will indemnity and hold harmless Smart Music Fest, LLC from any and all claims, actions, judgments, including all cost of defense and attorney’s fees incurred in defending against same, arising from and related to the Vendors participation in the event/s. Vendors actions include the acts of Smart Music Fest, LLC agents and employers.
18. Absolutely NO PETS allowed (service animals only). No drugs; no outside alcohol; no weapons. All vendors may be asked to remove any items not consistent with their application.
19. You agree that all tables will be covered with floor-length tablecloths. Please ensure that any boxes, bins, or large objects are kept out of sight underneath or behind your tables. Maintaining a visually appealing booth is important.