Vendor Rules and Regulations Paint Horse Club of Oklahoma
1. PURPOSE. The Paint Horse Club of Oklahoma (PHCO) provides the Marketplace as a supplement to equine events to provide a showcase for products and services that appeal to vendors and spectators.
2. GENERAL. The PHCO shall have full authority in the interpretation of these regulations. All commercial exhibit contracts, when executed properly, shall be considered a binding agreement. Vendors shall abide by Federal, State, and City ordinances and regulations.
3. APPLICATION APPROVAL. All applications will be reviewed for relevance to the PHCO constituent base, and all vendor approvals are atthe discretion of the PHCO. If your application is not accepted, your vendor fee will be refunded.
4.LIABILITY The Vendor agrees that the PHCO assumes no responsibility for damage or theft to property, or any accident, injury, or mishap that may befall Vendor, its employees, and/or members of the public. The Vendor agrees to be responsible for, to hold harmless, indemnify and to defend the PHCO, the City of Oklahoma City, Oklahoma State Fair and their directors, officers, agents, employees and sponsors (collectively, the "Indemnified Parties"), from all claims, losses, costs, damages or expenses resulting or arising from any and all injuries to or death of any person or damage to any property caused by any act, omission or neglect of Vendor, its agents, employees, invitees, contractors, sub-contractors, or guests which occurs on the grounds of the PHCO Warm Up for World, or any default or breach of this Agreement. The Vendor's obligations hereunder to defend shall extend to claims alleging the sole negligence, willful misconduct or violation oflaw of an Indemnified Party when combined with other claims triggering the obligation to indemnify, provided however that upon the final adjudication by a court of competent jurisdiction or written settlement between the parties, the Vendor shall be reimbursed for the portion of fees or losses so adjudicated as the responsibility of an Indemnified Party. The Indemnified Parties shall have the right to retain their own counsel, in which case those reasonable attorney's fees shall be covered by the Agreement to indemnify such parties for such fees set forth immediately above in this paragraph. This paragraph shall survive the termination or expiration of this Agreement. The PHCO will NOT be responsible for any damage incurred if you request PHCO equipment and/or employees to move your property during set-up or tear down of Vendor space.
5. CODE OF CONDUCT. All vendors, agents, employees, and independent contractors are expected to conduct themselves in proper fashion. Any disorderly conduct, theft, loud, profane language, or disturbances of any nature may be cause for disqualification from all PHCO events and shows and banishment from the premises. Show Management will not allow argumentative, confrontational, and hostile disregard for the show or Show Management personnel.
6. INSURANCE. Vendors must provide a certificate of insurance PRIOR TO MOVE-IN with a minimum of $1,000,000 combined single limit bodily injury and property damage, including product liability, which names the PHCO and the City of Oklahoma City, Oklahoma as additional insured with the term of coverage to include move-in and move-out dates. The certificate must provide for a thirty (30) day written notice of cancellation and reduction in limits to the PHCO. The certificates must be emailed to Jan Farrell, 2915 108th Ave SE, Norman, OK 73026 less than prior to the show. VENDORS CANNOT MOVE IN WITHOUT A CURRENT CERTIFICATE OF INSURANCE ON FILE.
7. ASSIGNMENT OF SPACE. Indoor space is 10' X 10', Outdoor space is 10' X 20' Considerations will be given to the date a contract is received and the amount of space requested. The PHCO establishes boundaries for all booth spaces. Every effort has been made to ensure the accuracy of all information concerning floor plans; however, no warranties, expressed or implied, are made with respect to the floor plan. If Vendor uses more space than allotted and paid for, Vendor will be expected to move inside space allotment or pay for the additional 10'x10' of space. If the location of building columns, utilities, or other architectural components of the facility is a consideration in the construction or usage of an exhibit, it is the sole responsibility of the Vendor to inquire concerning the location of its space. The PHCO reserves the right, in its sole discretion, to assign booth space, and will have the right to reassign booth locations for overall betterment and appearance of the show. The PHCO reviews its floor plan annually. Therefore, requests for booth space, every effort is made to consider location requests. Vendors must be registered through the PHCO and only sell items out of their assigned space(s Anyone who is found selling items without permission from the PHCO or outside an assigned space may be fined in an amount two times the cost of a standard booth space and asked to leave the property.
8. PAYMENT. Payment is due prior to the event. If you need to discuss your payment, please contact the PHCO 918-509-1682. For any reason that payment has not been received prior to the event, the vendor will not be permitted to move in until payment is made in full. Credit card payments are subject to a 4% convenience fee.
9.CANCELLATION In case of cancellation of the contest or unavailability of the event due to any causes that are beyond the PHCO's control, including, without limitation, such causes as war, governmental action or order, act of God, fire, flood, severe storm, strike, labor disputes, or other similar causes ("Force Majeure Event"), this Agreement shall terminate, and the vendor shall be entitled to the return of the fees for the registration, less the prorated share allocated to the PHCO of the expenses incurred by the PHCO in connection with the event as of the date of the Force Majeure Event. Refund of the Fees as provided in this section shall be the exclusive remedy of the vendor against the PHCO in case the vendor is cancelled or rescheduled through a Force Majeure Event. In the event of cancellation or unavailability for reasons beyond the control of the PHCO, vendor releases and holds all claims for damage and agrees that the PHCO shall have no obligation except the above stated refund. The PHCO reserves the right to cancel an event for reasons beyond Force Majeure. If the PHCO cancels an event, Vendors will be notified and offered a refund, less any non-refundable processing fees. If Vendor is participating in one single event thatis cancelled, Vendor will be provided a full refund minus processing fees. If Vendor is participating in multiple events/full season and specific events are cancelled, Vendor will be provided a partial refund based on the events being cancelled. The PHCO is not responsible for refunds for travel or other expenses not paid directly to the PHCO.
10. REFUND POLICY. Requests for refunds must be submitted in writing and are subject to the discretion of the PHCO. Marketplace vendors may be eligible for a refund if the PHCO is able to fill their space with another vendor. Fees associated with space may be refunded, lessa $50 cancellation fee. Refunds will not be issued for events that are less than 10 days away. A rollover of funds for future events is not allowed.
11. BOOTH EQUIPMENT. If rental equipment is needed (drape and linens), Vendor must contract and make all arrangements and payments with PHCO for these needs. If Vendor opts to drape their space, they must be draped with an 8 ft. back drape and 3 ft. side drapes. Vendors cannot exceed the 8 ft. height limit of the booth. Displays, signs and products must stay 4 ft. or below in the front 5 ft. of the booth to allow maximum view of all Vendors. Paint Horse Club of Oklahoma, Jan Farrell, 2915 108th Ave SE, Norman, OK 73026