This Vendor Agreement is made effective as the date this Agreement is effectively executed below, by and between Athletes Making Moves (“AMM”) of 720 S Eastwood Dr, 298, Woodstock, IL 60098, and {eventVendors} and {nameOf4} (“Vendor”), of {mailingAddress}.
WHEREAS, Vendor is engaged in the business of {typeOf}.
NOW, THEREFORE, it is agreed that:
PURPOSE. AMM aggress to provide Vendor with space to conduct vending for business limited to the space selected by AMM as identified prior to the event. In general, Vendor is guaranteed a minimum space that includes a six-foot table, chair, and to place a standing graphic. Vendor accepts the opportunity to participate as a vendor in the Event Space for NILCOMBINE® commencing on July 26, 2024 and ending on July 27, 2024. Vendor hereby accepts the following listed conditions and limitations.
HOURS OF OPERATION. AMM area shall remain open from 9:00am to 5:00pm each day of the Event, unless AMM notifies Vendor of other hours of operation.
INSTALLATION AND TEAR DOWN. Vendor shall set up the facilities for sale on July 25, 2024 between 3p and 5p CST. Vendor shall remove his/her facilities for sale from the Event Space no later than 6:30pm CST on July 27, 2024.
PAYMENT. Vendor is provided with vending space in exchange for $500.00 to be paid upon signing this agreement. Space locations will be assigned by AMM and provided to Vendor in advance of the Event. In exchange for $500.00, Vendor will receive the following:
1. Vending Space
2. One Table
3. One Chair
4. Listed in the Attendee Book
5. Days to promote your products and services
Note that if Vendor signs up to vend during a time where the attendee books have already been printed, Vendor can request to have their logo sent through marketing emails of AMM.
APPEARANCE. Vendor is responsible for cleaning and maintaining the Space provided in an organized and neat manner. This responsibility includes Vendor’s responsibility to remove bulk trash. Should Vendor fail to keep the Space in an orderly manner, may subject Vendor to additional removal fees.
EXTRA SERVICES. AMM is not obligated to provide telephone, water, electrical and drain services to Vendor. Vendor shall be responsible for payment of other charges that it deems necessary for purposes of fully vending at the Event Space.
DISPLAY 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 or walkways. Signs may not attach to the walls or columns of the building.
QUALITY PRODUCTS. Vendor shall ensure proper quality of the products sold. Vendor shall comply with all applicable laws as to vendor’s sales.
EMPLOYMENT OF STAFF. Vendor will employ adequate staff at Vendor’s own cost in order to operate the Space provided by AMM. If Vendor needs additional tables and chairs, Vendor must request those items from AMM and pay the required fee for the additional equipment for their team members.
INTELLECTUAL PROPERTY. Vendor agrees that although he/she/it may participate in the Event as a Vendor, Vendor does not have any unfettered right to use, sell, transfer, or in any other way copy AMM’s name, brands, registered trademarks, copyrights, or patents without the express written consent of AMM.
INSURANCE. Vendor is solely responsible for obtaining insurance coverage on the property he/her/it brings into he Event Space. Vendor assumes full responsibility for items left in the facility. AMM accepts no liability for lost, stolen or damaged property and is not required to carry additional insurance to cover Vendor’s property.
INDEMNIFICATION. Vendor agrees to indemnify and hold harmless AAM from all claims, losses, expenses, fees including attorney fees, costs, and judgements that may be asserted against AMM that result from the acts or omissions of Vendor and/or Vendor’s employees, agents, or representatives. AMM shall be solely responsible for ensuring all applicable laws are followed and complied with in selling and presenting AMM’s products and services at the Event.
DEFAULT. The occurrence of any of the following shall constitute a material breach under this agreement:
A. Failure to make a required payment when due.
B. Failure to clean space.
C. Failure to exit premises by the agreed date and time.
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 14 days from the effective date of such notice to cure the default if the Event is no less than 30 days away. If the Event will occur in less than 30 days, the defaulting party must cure it’s breach within 24 hours. Unless waived by the party providing notice, the failure to cure the default within such time period should result in the automatic termination of the 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 parties reasonable control, (“Force Majeure”) and if the party unable to carry out its obligation, 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, plague, epidemic, pandemic, outbreaks of infectious diseases or any other public health crisis, including quarantine or other employee restrictions, 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, lockouts, 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. All 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 on 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 present jointly over the matter. The arbitration shall take place at a location that is located in Chicago, Illinois. All documents, materials, and information in the possession of each part of that art 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 shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrators shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. In the State of Illinois. The arbitration agreement 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 limited 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 this Agreement.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Illinois and the choice of law shall be of the State of Illinois regardless of conflict of laws.
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, or through electronic e-mail, to the address set forth in the opening paragraph, or to such other address or e-mail 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. Vendor may not assign or transfer this Agreement without the prior written consent of AMM. AMM may assign this agreement without the prior written consent of Vendor.
SIGNATORIES. This agreement is signed by the parties below effective on the date this Agreement was electronically or hand-written signed.