1. Vendor Services: Festival engages Vendor to provide vending services at the Event. Vendors are responsible for their own equipment unless a formal request was submitted with application.
2. Booth Setup and Technical Requirements: Festival agrees to provide Vendor with the necessary space for booth setup as per the agreed-upon terms. Vendor shall ensure compliance with all health and safety regulations and provide Festival with any required documentation prior to the Event.
3. Placement Determination: Festival reserves the right to assign Vendor's location within the Festival grounds at its sole discretion. Vendor agrees to accept the assigned location without objection or dispute.
4. Timeliness: Vendor acknowledges the importance of punctuality for the successful operation of vending services. Vendor agrees to arrive at the designated vending area at their designated load-in time determined by the vendor manager.
5. Force Majeure Clause: In the event that the Love Groove Festival ("Festival") is prevented from carrying out its obligations as a result of any occurrence beyond its reasonable control, including but not limited to acts of God, excessive rain or hail, natural disasters, war, terrorism, civil disturbance, governmental regulation or order, pandemic, or any other emergency or unforeseen event ("Force Majeure Event"), neither the Festival nor the Vendor shall be held liable for any damages or loss. Should a Force Majeure Event occur, the Festival reserves the right to cancel and reschedule the event. All payments made by the Vendor will be applied to the rescheduled event date. No refunds will be issued under any circumstances. If the Vendor is paid in full and unable to participate on the rescheduled date, the Vendor will be eligible for one of the following options:
6. Vendor Equipment: In the rare event that Vendor's equipment is damaged or destroyed due to civil disturbance, acts of vandalism, riots, natural disasters, or any other uncontrolled circumstances during the Love Groove Festival, the following conditions shall apply:
a. Security and Prevention Measures: The Festival will take reasonable measures to provide security and minimize risks, but the ultimate responsibility for the security of Vendor equipment rests with the Vendor.
b. Liability and Compensation: The Festival shall not be held liable for any damages or losses incurred. Vendors are encouraged to obtain appropriate insurance to cover such incidents.
c. Notification and Documentation: Vendors must notify Festival management immediately and provide detailed documentation of the damage, including photographs and any available witness statements.
d. Recovery and Assistance: While the Festival is not liable for damages, they will assist Vendor in coordinating with local authorities and insurance providers to the best of their ability to facilitate recovery processes.
7. Compliance with Event Policies: Vendor agrees to comply with all rules, regulations, and policies set forth by Festival regarding the operation of vending services at the Event. This includes but is not limited to cleanliness standards, waste management, and noise restrictions and other Baltimore City regulations.
8. Indemnification: Vendor agrees to indemnify and hold Festival harmless from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to Vendor's provision of vending services at the Event.
9. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Maryland, without regard to its conflicts of laws principles.
10. Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
11. Vendor Promotion Clause: Love Groove Festival agrees to provide vendors with promotional support, including:
a. Distribution of a flier featuring the Vendor's business at the Event.
b. Listing the Vendor's business on the Festival's website
c. Promotion of the Vendor's business through Festival's official social media channels and email newsletters. Festival will make reasonable efforts to promote Vendor effectively, but does not guarantee specific outcomes or levels of exposure.
12. Product Licensing and Compliance: Vendor represents and warrants that all products/services offered at the Event comply with applicable laws, regulations, and industry standards. Vendor shall obtain any necessary licenses, permits, or certifications required for the sale or distribution of their products/services at the Event.
13. Zero Tolerance Policy: Love Groove Festival maintains a zero tolerance policy towards any form of abuse, sexual misconduct, theft, drug trafficking or any illegal activities. If it becomes public knowledge that the Vendor has committed such crimes for which they have not served their sentence, the Festival reserves the right to terminate the Vendor's participation immediately without returning deposit.
14. Clean-up and Waste Management: Vendor agrees to maintain cleanliness around their booth area and properly dispose of any waste generated by their operations during the Event. Vendor shall be responsible for cleaning their designated area at the end of each day of the Event.
15. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved through negotiation between the parties. If negotiation fails, the parties agree to pursue mediation before resorting to litigation. The prevailing party in any dispute resolution proceedings shall be entitled to recover reasonable attorney's fees and costs incurred in resolving the dispute.