Vendor Registration Form

Hold Harmless Agreement

This agreement, made the Date*day ofMonth* , 2025 is by and between TomatoFest of Central New York, Inc (hereinafter "TomatoFest") whose principal offices are located at P.O. Box 1611, auburn New York and   Name/Business Name   (hereinafter "Booth Vendor") whose principal offices are located at   Address*   .
It is mutually agreed between the parties as follows:
Booth Vendor hereby agrees in signing this agreement that with respect to third parties, that Booth Vendor shall defend with competent counsel, indemnify and hold the TomatoFest of Central New York, Inc., its Board of Directors, coordinators, agents, employees and volunteers harmless form and against any and all liabilities, claims, suits, damages, losses, judgements, penalties, premiums, contributions, fines of increased costs and expenses (including reasonable attorneys' fees and other expenses) arising out of damages caused by willful conduct, error, omission or negligent act of the booth Vendor or its agents, employees, or volunteers. This obligation shall survive the termination of this Agreement. The person signing below also agrees that they have authorization on behalf of the Booth Vendor to enter into this agreement on behalf of themselves or the company or organization they represent.
Date*   
Signature*   
First Name*   Last Name*
Title*         

Please read the terms and conditions, fill out applicable portions and agree to complete your application:

1. Determination of location of vendor booths is solely at the discretion of TomatoFest. Booth space will be 10'x10'. Vendors must provide all necessary equipment including tent, tables, chairs, etc. Please note that tents cannot be staked, you must bring weights to secure your tent. All Vendors will be placed strategically and request for specific location at festival site cannot always be accommodated.
2. TomatoFest reserves the right to allow or limit the type of items offered for sale, TomatoFest shall use its best effort to ensure variety among all vendor types. Any and all changes to the submitted list of items must be emailed to the TomatoFest Vendor Committee. Violations of this procedure will result in booth closure.
3. Vendor is solely liable for equipment, merchandise, any any other personal property at the festival. Vendor represents he has insurance coverage for said items to cover loss due to vandalism, theft, and any other casualty. It is specifically agreed that the vendor shall hold TomatoFest, the festival site, and Cayuga County harmless for any claim of theft, vandalism, or other casualty.
4. Vendor is responsible for maintaining a neat and clean area with 20 feet surrounding the vendor's site and assures that the area will be returned to its pre-festival condition. If repair, damage and/or cleaning costs are incurred and the festival committee determines that the vendor is responsible, vendors agrees that those costs shall be reimbursed in full to TomatoFest by the vendor within 10 days of TomatoFest's written demand for such costs.
5. TomatoFest requires all vendors to operate their business in a professional manner. At the discretion of the vendor committee, if a vendor who does not conduct itself in a professional that vendor may be asked to leave the festival. No refunds shall be given for any portion of the booth rental fee if this occurs.
6. Booth space may not be re-assigned or sublet.
7. Vendors are solely responsible for paying all New York sales tax and shall properly display their current NYS Sales Tax Certificate.
8. No hawking, peddling, or other advertising is allowed outside of vendor's assigned area. Vendor's may not use sound amplification equipment of any type.
9. If the vendor intends to broadcast, rebroadcast, or otherwise make available to the public any works subject to copyright, trademark, or service mark protection the Vendor shall be solely responsible for negotiation and payment of all required licensing fees and shall defend with confident counsel, indemnify and hold TomatoFest harmless for any all such claims of infringement.
10. All vendors selling food shall furnish proper Health department Permits prior to the Festival. Vendors may not sell food at TomatoFest without the express written consent of the TomatoFest Food Committee.
11. Vendors shall prominently post or display pricing of all items being sold.
12. TomatoFest reserves the right to refuse any booth vendor application.
13. Craft Booths - The exhibitor must be the producer of the items being offered for sale (100% handmade). No imports, dealers, commercial items, kits, or food items. Vendor must include a certificate of Insurance with a $1,000,000 commercial general liability insurance naming TomatoFest of CNY, Inc as an additional insured or complete the above Hold Harmless. Cost for Craft Vendors is $50 for each 10'x10' space.
14. Farmers' Market Booths- Fruits, vegetables, jellies/jams, and maple syrups must be homegrown/produced within 60 miles of Auburn NY. Vendor must include a certificate of Insurance with a $1,000,000 commercial general liability insurance naming TomatoFest of CNY, Inc as an additional insured or complete the above Hold Harmless. Cost for Famers' Market Vendors is $50 for each 10'x10' space.
15. Commercial Booths - Vendor sells any new item bought for resale. Vendor must include Certificate of Insurance with application materials with $1,000,000 commercial general liability insurance naming TomatoFest of CNY as additional insured. Cost for Commercial Vendors is $75 for each 10'x10' space.
16. Small Business Booths - Vendors sell any new item for resale and is a sole proprietor. Vendor must include Certificate of Insurance with application materials with $1,000,000 commercial general liability insurance naming TomatoFest of CNY as additional insured. Cost for Small Business Vendors is $65 for a 10'x10'.
17. Food Vendor - Vendors must obtain a Temporary Food Service Permit form the Cayuga County Health Department in advance of the event and display it through the event. Vendors must provide their own power. Fuel containers must be an approved type and properly secured, and deep fryer approved. All Food vendors must have a type ABC inspected fire extinguisher, and those with a fryer need a type K fire extinguisher, inspected within the past year. There will be a fire marshal on site. Please please provide the size and type of quiet generator you will be using:   Generator Information*   Cost for Food Vendors is $65 for each 10'x10' space.
18. Non for Profit Booths - Vendors must complete the above Hold Harmless or attach an insurance binder. Please let us know which applies to your booth    Please Select Public Awareness Family Activity N/A * Cost for Non For Profit Vendors is $30 each space.   

   
Signature*