By submitting this agreement for the Jazz on the Lawn, 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 Forever Pink Foundation, Inc 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 Jazz on the Lawn 2023. This agreement represents the entire agreement between The Forever Pink Foundation, Inc. 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 The Forever Pink Foundation, Inc and the Vendor.
1. The Forever Pink Foundation, Inc agrees to provide each Vendor of Jazz on the Lawn with one assigned space(s).
2. Vendor agrees to obey all rules and instructions as directed by the Event Director. 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.
3. Vendor hereby acknowledges its liability, and agrees to compensate Forever Pink Foundation, Inc, 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 the Dunwoody Park which causes Forever Pink Foundation, Inc to pay for repair, replacement, or other remuneration to the City of Dunwoody for such damage to the environs or infrastructure of the Dunwoody Park.
4. As a courtesy to other vendors and festival participants, any amplified sound or loud noise from Vendor’s space is prohibited.
5. Only The Forever Pink Foundation, Inc and those individuals or groups which have signed Food Vendor Agreements shall be permitted to serve, sell or in any way provide beverages (including water) or food at any site or operation of Jazz on the Lawn. Violation of this provision and/or any portion of the health code are grounds for immediate expulsion from the festival grounds.
6. The Forever Pink Foundation, Inc 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 The Forever Pink Foundation, Inc sponsors. Any questions concerning current sponsors should be directed to the Festival Director prior to the event.
7. Vendor shall not display, offer for view or sale any illegal or contraband items. The laws of the State of Georgia and local ordinances of the City of Dunwoody 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 Pink on the Green.
8. Vendor acknowledges and understands that it is solely responsible for the collection of any sales or use taxes and shall in no way hold The Forever Pink Foundation, Inc or its representatives responsible for any type of permits other than for the festival itself.
9. Vendor is solely responsible for the security for all its items at the festival location at all times.
10. We make no representation or guarantees towards actual festival attendance.
11. Vendor understands that The Forever Pink Foundation, Inc has no control over weather, acts of God, acts of terrorism, or governmental intervention, or any other cause that may prevent, and or interrupt, the event, and participants shall hold The Forever Pink Foundation, Inc harmless for any losses that could arise because of such event.
12. The Forever Pink Foundation, Inc reserves the right to place Vendors in booth locations at its complete discretion. The Forever Pink Foundation, Inc shall have sole and complete authority to place the participant in any location contained at the event, irrespective of the participant’s request.
13. 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.
14. 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.
15. Vendor will indemnity and hold harmless The Forever Pink Foundation, Inc 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. Vendors actions include the acts of The Forever Pink Foundation, Inc agents and employers.