TERMS AND CONDITIONS:
WHEREAS, Lessor, HEART OF GWINNETT, INC., hereinafter referred to as the “FESTIVAL,” operates the Spring Green Festival, and whereas the Lessee, the above-named vendor, hereinafter referred to as the “VENDOR”, desires to rent space on the Snellville Town Green upon which to operate their business: NOW, THEREFORE, FESTIVAL and VENDOR, in consideration of the mutual undertakings contained herein, and intended to be legally bound, do hereby agree as follows:
CONSIDERATION In Consideration of its agreement to rent said space to VENDOR, VENDOR agrees to pay rental to FESTIVAL upon the execution and acceptance of this lease. FESTIVAL will be held rain or shine. No refunds.
PERIOD COVERED VENDOR shall be allowed to set up its assigned rented space no sooner than 5 am. the day the festival opens and MUST BE SET UP AND OPERATIONAL no later than 10am on opening day of the festival. Set up times will be staggered and announced 7 days prior to the event via email. VENDOR shall be required to vacate its space not later than 5:00 o’clock p.m. on the day of the festival following the closing of the festival. The FESTIVAL reserves the right to resell any space not occupied by 8:00 am on opening day of the festival, and the VENDOR shall forfeit to the FESTIVAL all money paid.
1. HOURS OF OPERATION VENDOR shall be required to be in FULL OPERATION during all hours that the festival is open to the public. Operational hours of the festival will be set by FESTIVAL, and management, and are subject to change at the discretion of FESTIVAL, and management, without prior notice.
2. PAYMENT, FULL payment is due within 3 business days of Vendor Acceptance notification from Heart of Gwinnett. Payment can be made online by debit/credit card. A link for payment online will be provided upon acceptance. Your application for space will not be confirmed until full payment is received.
3. SUBMISSION OF ITEMS TO SELL shall be required to submit, along with this lease, a list of all items to be sold. FESTIVAL reserves the right to limit the number and type of items sold. Application Approval is based on Items Listed to Sell on Application in full detail. FESTIVAL reserves the right to stop sales by VENDORS of any product which violates the agreed upon Application.
4. RIGHT TO EXCLUSIVES The FESTIVAL maintains the right to grant exclusive agreements to vendors and suppliers. As such, the FESTIVAL reserves the right to stop the sales by VENDORS of any product which violates such an exclusive agreement. Any exclusive sales agreement with VENDOR must be set out in an addendum to this lease to be valid.
DELIVERIES deliveries will be allowed on the Snellville Town Green up to two hours before opening time of the FESTIVAL.
PARKING VENDOR parking shall be on a first come first serve basis in adjacent parking lots designated the day of the FESTIVAL.
5. PROOF OF INSURANCE VENDOR shall supply proof of insurance in the amount of no less than 1 million dollars, naming the SPRING GREEN FESTIVAL herein referred to as FESTIVAL, along with Snellville Tourism and Trade and the City of Snellville as additional insured, upon acceptance of this lease. All proof of insurance must be received 30 days prior to the day of the festival. If VENDOR does not provide proof of insurance, VENDOR hereby forfeits space and all monies paid to FESTIVAL.
6. LICENSES AND PERMITS VENDOR agrees to procure at its expense all necessary state, county and municipal licenses, which are required for its possession or use of the space rented. The responsibility for proper food services is that of the VENDOR. NO REFUNDS WILL BE MADE TO ANY VENDOR WHO FAILS TO ACQUIRE THE NECESSARY LICENSES AND PERMITS REGARDLESS OF THE CIRCUMSTANCE.
7. NO ALCOHOL OR SMOKING is permitted on city and/or event property (Snellville Towne Green) per City of Snellville ordinance.
8. ELECTRICAL SERVICE electricity is not available. Vendors must supply their own generators. VENDOR is responsible for determining its power requirements. VENDOR is responsible for and will be held liable for any overload, misuse, or damage, which results from inadequate power supply.
9. TRASH AND LITTER Trash pick-up in the form of conveniently spaced dumpsters, will be provided by the FESTIVAL. VENDOR will be required to place all trash in dumpsters. VENDOR shall be required to maintain its site free and clear of all garbage and litter. Failure to comply with these requirements shall result in the closing of the VENDOR until such time as compliance is had. VENDOR agrees to maintain the cleanliness of their area beginning 30 minutes before scheduled opening time until 30 minutes after closing, including but not limited to, pick up trash and sweeping walkways.
10. SUB-LEASE FORBIDDEN VENDOR agrees that it will not sub-lease or assign the above specified space or booth. It is further agreed that two or more firms may not occupy or use the same space.
11. SPACE CONFINEMENT REQUIREMENT it is specifically agreed and understood that this lease is for the space specified herein, or such other space or booth as the FESTIVAL may designate and that aisles, walkways, common areas, or other parts of the Snellville Town Green are not considered a part of the lease area. Further, VENDOR agrees that all personnel and property used in connection with the leased space will remain within the above specified space and will not enter, occupy, use or obstruct any walkways, aisles, common ways or other parts of the Snellville Town Green. NO ROVING SALES SHALL BE ALLOWED.
12. INDEMNIFICATION VENDOR agrees to hold the FESTIVAL and their officers, directors, employees and agents harmless, and to indemnity them from any claims, damages, liabilities, fines, actions, suits or demands, expenses, including without limitation, court costs, and attorney’s fees, in any matter arising out of the actions or omissions of the undersigned VENDOR which result or arise out the FESTIVAL’S or the VENDOR’s actions.
13. LIMITATION OF LIABLITY it is agreed that the liability of the FESTIVAL for any damages arising out of failure to furnish the space provided for herein is limited to the return of such money paid as liquidated damages.
14. RIGHT TO FINAL SPACE ASSIGNMENT The FESTIVAL reserves the right to make final space assignments, to assure the interest of the FESTIVAL is best served. If at any time in the opinion of FESTIVAL management, said concession or the VENDOR is found to be detrimental to the interest of the FESTIVAL, the concession of the VENDOR shall be removed on demand, and at the discretion of the FESTIVAL management and at the expense of the VENDOR.
15. VENDOR BOOTHS must be weighted at all times and NO STAKING of any kind is allowed.
16. CANCELLATION This lease is subject to cancellation without further notice and without refund if total payment is not received in full on or before the due date. The FESTIVAL reserves the right to reassign the above space at its sole discretion.
17. FAILURE OF VENDOR TO USE SPACE In the event the VENDOR does not actually use the leased space, it is agreed that no portion of the rental already paid will be returned, but shall be considered liquidated damages for breach of the lease contract.
18. MAINTENANCE OF THE LEASED SPACE VENDOR AGREES TO MAINTAIN THE LEASED SPACE IN A SAFE AND OTHERWISE SATISFACTORY MANNER. Further, FESTIVAL and VENDOR agree that the FESTIVAL has the right, at its sole discretion, to remove from Snellville Town Green, any item, article, concession, or any part thereof, including banners, signs, bells, balloons, loudspeakers, or other advertising matter, which it deems to be unsafe, unsuitable, objectionable, vulgar, unattractive, distracting, obnoxious or otherwise in violation of this agreement.
19. LIEN CREATED FOR MONEY OWED The FESTIVAL shall have the right to retain all property belonging to VENDORS which is brought onto the Snellville Town Green in order to secure the payment of any and all sums of money due. Further, VENDOR agrees that the FESTIVAL may sell, or otherwise dispose of, either at public or private proceedings, without notice to VENDOR, any such property for the purpose of satisfying any indebtedness due.
20. USE FOR ANY OTHER PURPOSE PROHIBITED The use of the leased space for anything other than agreed by both parties is strictly prohibited.
21. NON-WAIVER OR PROVISIONS the failure of the FESTIVAL to insist, in any instances, upon the strict performance of the covenants of the lease, or to exercise any option contained herein, shall not be construed as a waiver or the relinquishment of such covenant or option in the future, but the same shall continue and remain in full force and effect. The receipt by the FESTIVAL of rent shall with knowledge of any breach of any covenant hereinafter be deemed a waiver of such breach and now waiver by the FESTIVAL of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the FESTIVAL.
22. NO AGREEMENTS OTHER THAN CONTAINED HEREIN no understanding or agreement exists except that which is specified in this lease and that it cannot be canceled except by mutual agreement, executed in writing.
23. VENDOR TO PAY COST OF COLLECTIONS VENDOR agrees to pay the FESTIVAL all expenses that it incurs in connection with the collection of any sum due, including a reasonable attorney’s fee.
24. RIGHT TO CLOSE FOR VIOLATIONS For the violation of any of the terms of this lease, the FESTIVAL shall have the right to declare this contract VOID, and close the concession without recourse.
25. APPLICATION APPROVAL Lessee agrees that this application is subject to approval and acceptance by the Board of Directors and the terms of which shall not constitute an agreement for the lease of commercial exhibit space until approval and acceptance by said Board.