VENDOR CONTRACT (ATTACHMENT ONE) EARTH AWARENESS and Space Coast Harley-Davidson Vendor Contract Company/Vendor: ______________________________________________ Authorized Representative: _______________________________________ Title:________________________________________________________ Address:______________________________________________________ City: ________________________________________________________ State:____________________________________ Zip:________________ Telephone: Area Code (______)________________ Fax:_______________ Email:________________________________________________________ Federal Identification Number_____________________________________ Sales Tax Number______________________________________________ Product/Service Listing (send brochure or menu with pricing) _____________________________________________________________ Vendor(s) must furnish a Certif icate of Insurance to Space Coast Harley–Davidson with the application, as provided in “Liability Insurance and Indemnification” clause on reverse side. Parking Requirements- List Vehicles(s) and Sizes(s): WATER AND/OR ELECTRIC REQUIREMENTS: Please see the vendor information form and fill out . Vendor may park delivery or storage vehicles in the designated area at the Event. A space fee may be assessed Vendor depending upon the size or power requirements of any such, refer to “Vendor Information” Sheet. Space may be provided for mobile homes or trailers prior approved is required from Space Coast Harley-Davidson/Buell. On-site parking available, please call for details. Special Request (example: motorcycle access, water, etc.) _________________________________________________________________________________ _________________________________________________________________ ________________ ________________________________________________________ _________________________ Space Coast Harley-Davidson w ill use reasonable efforts to accommodate this request. However, Space Coast Harley-Davidson does not guarantee that these requests will be met. SIGNATURE PORTION Vendor Signature_______________________________ _____Date:___________________ Type/print Name and Title____________________________________________________ AGREEMENT This application, properly completed and executed by ve ndor, upon written acceptance by Space Coast Harley-Davidson, shall constitute a valid and binding contract between the parties. In its sole discretion, Space Coast Harley-Davidson may establish reasonable additional event regulations it deems necessary in the interest of the general success of any Event. Vendor shall be bound by all conditions, rules and regulations stated herein or otherwise established by Space Coast Harley- Davidson/Buell. Please Initial:_______________Date:__________________________ Page ¼ of Attachment One “Vendor Contract” VENDOR CONTRACT (ATTACHMENT ONE) October 13, 2007 5th Annual Stephen Miller Memorial Blues Bash at Space Coast Harley-Davidson, Palm Bay All vendor correspondence: EARTH Awareness, Sue Luley email: email@example.com phone: 321-784-0830 GUIDELINES FOR SPACE COAST HARLEY- DAVIDSON VENDOR PRODUCT/SERVICES In accordance with the Space Coast Harley-Davidson policy of providing a family-oriented event, we must ensure that the product and services offered for sale by vendors at this event are keeping with this policy. In addition, we will work to avoid competing products towards Space Coast Harley- Davidson. All products and services should be complimenting to the products and services of Space Coast Harley- Davidson/Buell product and service line. The following is a listing of DISALLOWED products and services. It is by no means exclusive. Space Coast Harley-Davidson may deem items not listed here inappropriate. Your signature on this agreement confirms that if you are asked to remove an item(s) or discontinue a service while at this event, you will comply with the request: Apparel: LEATHER GOODS- All riding jeans and vests NON- LEATHER- Jean Jackets, Jeans and vest To include any clothing that has motorcycle related uses or designs Services: Mechanical Services (unless performed by Space Coast Harley-Davidson) General: ITEMS WILL NOT BE ALLOWED IF THEY FEATURE THE FOLLOWING: *Nudity *Racism *and, or profanity *club colors *illegal substances In addition to the above listing, Space Coast Harley- Davidson selects vendors based on a goal of providing a good mix of products within a limited space. Therefore, it is possible that the number of vendors of a pa rticular product or service may be limited. Please Initial:_______________ Date:__________________________ ASSIGMENT AND USE OF SPACE In the sole discretion of Space Coast Harley-Davidson, vendor may be assigned space (“Location”) for the Event designated above. Space Coast Harley-Davidson reserves the unconditional right to assign Locations. In assigning Locations, Space Coast Harley-Davidson may consider the number of Events Vendor attends, the order in which vendors submit properly co mpleted and executed Applications and payments, and whether Vendors meet other Space Coast Harley-Davidson, standards. Submitting an Application does not ensure access to a Location for any Event. Vendors must meet Space Coast Harley-Davidson quality standards and exhibit categories. Any Locations not occupied by the completion of installation of displays will be reassigned at the sole discretion of Space Coast Harley- Davidson. Space Coast Harley-Davidson may retain all or part of any deposit or fee paid for any unoccupied Location. Subject to the terms and conditions set forth herein, for the event(s) set forth above, Space Coast Harley-Davidson grants and vendor accepts the non-transferable right to sell /display the Products/Services. Vendor agrees to use the Location and conduct its business in an orderly and lawful manner and to abide by all rules and regulations prescribed by Space Coast Harley- Davidson. Specific requirements as to time for installation and dismantling at each Locations shall be set forth in a Vendor letter supplied to Vendor for each designated Event. Such requirements shall be binding upon the Vendors as though fully set forth therein. Vendor shall not transfer or assign all or any part of the Location to any other person. Space Coast Harley-Davidson reserves the right to decline, prohibit or expel a vendor which, in Space Coast Harley-Davidson sole judgment, fails to maintain the character of the Event. Vendor shall not display or sell Products/Services, distribute advertising material or solicit business of any kind except within the facility. All advertising materials, whether visual or audio, must be approved, in advance in writing by Space Coast Harley-Davidson. No part of the Products/Service may extend outside the exhibit space or block any aisle. Exhibit space must be neat and clean at all times. Nothing shall be posted on, or tacked, nailed, screwed, or otherwise attached to the columns, walls, floor, or other parts of the exhibit area without permission from the proper building authority. Cleaning of exhibit space be the responsibility of Vendors. Vendors will keep Vendor’s exhibit open and staffed adequately at all times of the Events. No gifts, prizes, tickets or coupons shall be distributed without prior written approval of Space Coast Harley-Davidson /Buell; and if approved, only as provided under local ordinances and state law. No promotion, scheme or device involving the award of any prize, gift or privilege, determined as the result of any contest, sweepstake, raffle, promotion, or by chance, shall be undertaken by Vendor on the premises of the Event or otherwise related to the Event in any way. Page 2/4 of Attachment One “Vendor Contract” VENDOR CONTRACT (ATTACHMENT ONE) October 13, 2007 5th Annual Stephen Miller Memorial Blues Bash at Space Coast Harley-Davidson, Palm Bay All vendor correspondence: EARTH Awareness, Sue Luley email: firstname.lastname@example.org phone: 321-784-0830 Authorized representative of Space Coast Harley-Davidson showing proper credentials shall have access to the Location for reasonable inspection purposes at any time. In sole judgment of Space Coast Harley -Davidson, if Vendor possesses or sells any improper material, or engages in improper or unlawful conduct at an Event, Space Coast Harley-Davidson will give Vendor notice to cease and desist such activity. If Vendor does not promptly comply, Space Coast Harley-Davidson, at its option, and without further notice, may immediate terminate this Agreement and revoke the rights granted hereunder. Failure to comply with the rules and regulation of this contract may result in the alteration or removal of the booth or other material at the Vendors expense. At the end of each Event in which, Vendor attends, or earlier if required by the terms of this Agreement, Vendor shall yield and give up possession of Location in as good condition as it was when assigned, reasonable wear and tear excepted. Please Initial: _______________ Date:__________________________ Space Coast Harley-Davidson is not liable for the non-delivery of the Location if non-delivery is due to any of the following causes: if the Location is damaged or destroyed by fire, act of God, public enemy, war or insurrections, strikes, the authority of the law, or any causes beyond Space Coast Harley-Davidson control. If Space Coast Harley-Davidson is unable to hold any Event for any reasons stated in this paragraph, Space Coast Harley- Davidson will reimburse Vendor for fees paid for that Event, which constitutes the full limit of Space Coast Harley - Davidson/Buell obligation to the Vendor. LIABILITY, INSURANCE AND INDEMNIFICATION Vendor acknowledges that it is an independent contractor and not an agent, servant, employee, co - venture or representative of Space Coast Harley Davidson/Buell. Neither of the parties is authorized to contract any debt, liability or obligation for, or on behalf, the other party. Vendor accepts full responsibility for all liability or damages to persons or property arising out of Vendor’s use and occupancy of the Location, including without limitation the sale or promotion of the Product/Services and neither Harley-Davidson Motor Company, HOG, or Space Coast Harley-Davidson assumes any responsibility for damages that may occur to Vendor, its employees, agents, customers, licensees or the property of any such persons by reason of such use, occupancy, or sales. Not less that thirty-(30)- days before each designated Event. Vendors shall tender to Space Coast Harley-Davidson a certificate of Insurance evidencing the existence of Vendor’s comprehensive general liability insurance policy which shall include contractual liability, products and completed operations coverage, person injury coverage, workers compensation, independent contractors and bodily injury/property damage coverage. Such policy shall cover the period of Vendor’s authorized use and name Harley-Davidson Motor Company, HOG, Space Coast Harley-Davidson and respective officers, directors, agents and employees of each, as additional insured regarding any damages which may be sustained as a consequence of Vendor’s use and occupancy of the Location with minimum liability limits of not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage liability and $1,000,000 aggregate. The insurance policy and the certificate naming Harley-Davidson Motor Company, HOG and Space Coast Harley-Davidson as additional insured shall contain a thirty-(30)-day notice of cancellation clause for the benefit of Space Coast Harley-Davidson. Vendor further agrees to indemnify and hold harmless Harley-Davidson Motor Company, HOG and Space Coast Harley-Davidson from any and all damages or claims in excess of or not covered by the insurance required unde r the terms of this Agreement, which are cause directly or indirectly by the use or occupancy of the Location by Vendor or the sale or promotion of the Products/Services, including without limitation, injuries or damages to persons or property sustained by the public, Vendor’s employees or agents, other vendors, concessionaires or Event participants. Vendor further agrees to defend Harley-Davidson Motor Company, HOG and Space Coast Harley- Davidson from any and all such damages or claims with counsel acceptable to Space Coast Harley-Davidson. TAXES, LICENSES AND PERMITS Sales and other taxes, when applicable, are the responsibility of the Vendor. Vendor will obtain all licenses and permits that are or may be required by any public authority for the sale or display of the Products/Services. Space Coast Harley-Davidson may cause the distribution of the vendor list, including name, address, federal Tax ID number and phone numbers to any tax office requesting it. Please Initial: ___________ Date:___________ Page 3/4 of Attachment One “Vendor Contract” VENDOR CONTRACT (ATTACHMENT ONE) October 13, 2007 5th Annual Stephen Miller Memorial Blues Bash at Space Coast Harley-Davidson, Palm Bay All vendor correspondence: EARTH Awareness, Sue Luley email: email@example.com phone: 321-784-0830 OWNERSHIP OF MARKS The marks HARLEY-DAVIDSON, HOG and all other marks developed and used by HOG, Harley- Davidson Motor Company or Space Coast Harley- Davidson in connection with either the promotion or products or services (the “Marks”) and any registration thereof shall be, remain, and constitute the sole and exclusive property of Harley-Davidson Motor Company and Space Coast Harley-Davidson, and may not be used by vendor without the prior written permission of Harley- Davidson Motor Company. Execution of this contract does not constitute such written permission. If Vendor is in default under any provision of this Agreement, or fails to adhere to the standards or supervisory direction established by Space Coast Harley-Davidson, Space Coast Harley-Davidson shall notify Vendor of such default or failure and Vendor shall promptly remedy such default or failure. The parties agree that certain defaults or emergencies may require immediate action. In the event that Vendor does not promptly remedy such condition, Space Coast Harley-Davidson may terminate the Agreement, expel Vendor from the Location to another party without any further liability or obligation to Vendor. Vendor releases Space Coast Harley-Davidson from any claim for consequential damages; loss-of-profits or any other damage whatsoever, except monies paid to Space Coast Harley-Davidson as a Vendor. In event Space Coast Harley-Davidson, through a default of its own, is in default of any provision of this Agreement, or fails to meet the representations made herein, Vendor shall notify Space Coast Harley-Davidson of such default or failure, and Space Coast Harley-Davidson shall have a reasonable time to remedy such default or failure, In the event Space Coast Harley-Davidson does not remedy such conditions within a reasonable time, Vendor may terminate this agreement and vacate the Location without further obligation to Space Coast Harley-Davidson, provided that Vendor complies with terms hereof regarding vacation of the Location. Vendor releases Space Coast Harley- Davidson from any claim for consequential damages; loss-of–profits or any other damage whatsoever, except monies paid to Space Coast Harley–Davidson as a Vendor. If any provisions hereof is declared or adjudged by a court of competent jurisdiction to be illegal, invalid or enforceable, it shall be deemed deleted here from without impairing the legality, validity, or enforceability of the remaining provisions hereof. All notices required, to be given to Space Coast Harley-Davidson shall be in writing and sent by United States mail. All notices required, to be given to Vendor shall be in writing and sent by United States mail. Each party may, in the alternate, give notice to the other by hand delivering in writing to any authorized representative of the other and getting written acknowledgement of such receipt from the representative on a retained copy. This Agreement represents the entire agreement between Space Coast Harley-Davidson and Vendor. No promises, covenants, representations, or warranties of any kind, other than those expressly set forth herein, have been made to induce either party to enter into this Agreement. This Agreement is personal to the parties and is not assignable, transferable, or renewable by Vendor, without the prior written consent of Space Coast Harley-Davidson. Please Initial:_______________ Date:__________________________ PLEASE SIGN AND INITIAL ALL ENCLOSED DOCUMENTS. ALL DOCUMENTS AND CERTIFICATE OF INSURANCE MUST BE RETURNED NO LATER THAN SEPTEMBER 15, 2007. Page 4/4 of Attachment One “Vendor Contract” INFORMATION: H20 AND ELECTRIC NEEDS October 13, 2007 5th Annual Stephen Miller Memorial Blues Bash at Space Coast Harley-Davidson, Palm Bay All vendor correspondence: EARTH Awareness, Sue Luley email: firstname.lastname@example.org phone: 321-784-0830 VENDOR INFORMATION Following is information pertinent to vendors attending the stated event above, held at Space Coast Harley-Davidson Palm Bay Locations. TENT, TABLE & CHAIR The vendor is responsible for providing their own tents, tables and chairs. PACKAGE RECEIVING Space Coast Harley-Davidson has NO provisions for receiving and storing freight. All shipments arriving prior to set-up day must be arranged through the shipping department at Space Coast H-D HOTEL/MOTEL Info Crowne Plaza Mel bourne Oceanfront Hotel 2605 N. A1A Indialantic, FL 32903 Telephone (321) 777-4100 * Facsimile (321) 773-6132 ELECTRIC ITY Electrical access is available in most areas. All vendors must reply with electrical needs and payment no later than. ELECTRIC FEES: 110 Volt/20amp: $25 110 Volt/30amp: $35 220 Volt/50amp: $50 ELECTRIC ITY RULES & REGULATIONS Vendors are subject to the following rules, regulations and fees associated with electrical hook-ups including those that may be billed by Space Coast Harley-Davidson/Buell at or during the event. •Extension cords must be UL approved and gauged to the size of the load according to the National Electric Code. •All equipment regardless of source of power must comply with National Electric Code, all Federal, State and Local Safety Codes. •All exhibitors 120 Volt cords must be of the 3 wire grounded type. All exposed non-current carrying metal parts of fixed equipment which are liable to be energized shall be grounded. •Space Coast Harley Davidson reserves the right to refuse connection to any Exhibitor whose equipment is deemed unsafe by the Space Coast Harley-Davidson Facility electrician. •Vendors are responsible for complying will all rules and regulations and subject to hook-up fees for orders placed. •Space Coast Harley-Davidson/Buell reserve the right to refuse electrical service to any vendor for non-compliance, service limitation, or any reason. •All orders must be placed by September 15, 2007. NO EXCEPTIONS WATER HOOK-UP Water access is available in most areas for an additional fee of $50 Vendor must provide hose and nozzle. To make electricity or water reservations complete and mail payment and form - no later than September 15, 2007 ROW & SPACE #: _____________________ ELECTRICITY ORDER and /or Water All orders must be placed by September 15, 2007 No exceptions 110 Volt/20 amp $25 110 Volt/30 amp $35 220 Volt/50 amp $50 Water hook- up $50 TOTAL AMOUNT DUE $ _________________ ____VENDOR NO: _____________________ NAME __________________________________________ _________________________ COMPANY _________________________________________________________________ ADDRESS_________________________________________________________________ CITY/STATE/ZIP_________________________________ ___________________________ PHONE ___________________________________________________________________ Form of payment: Check________ MasterCard_______ Visa_______ Discover_________ Check No. __________ Credit Card No. _________________________________________ Expiration date _________________________ 3-digit code on back __________________ Authorized Signature ________________________________________________________ VENDOR REGISTRATION October 13, 2007 5th Annual Stephen Miller Memorial Blues Bash at Space Coast Harley-Davidson, Palm Bay All vendor correspondence: EARTH Awareness, Sue Luley email: email@example.com phone: 321-784-0830 NAME __________________________________________ __________________ COMPANY/PRODUCT ________________________________________________ ADDRESS _________________________________________________________ CITY/STATE/ZIP ___________________________________________________ CONTACT PHONE _________________________ FAX ______________________ EMAIL ___________________________ WEBSITE ________________________ FL SALES TAX# ___________________F IN or SS #_______________________ GENERAL VENDING SPACE PRE- REGISTRATION Outdoor Space (approx. 10’F x 10’D) Ve ndor Fee: $250 Food Vendor Fee $500 A Food Vendor May Se lect a Tic ket System with $100 De posit & 20% of Tickets. Total vending area needed: Dimensions: _____Frontage x _____Deep Event Date: Octobe r 13, 2007 Fee Due Date: With Application by Se ptember 15, 2007 TOTAL AMOUNT DUE $_______________ NEED MORE SPACE or WANT TO SPONSOR OR TAKE ADVANTAGE OF THE MARKETING PROMOS? CALL SUE LULEY @ 321-784-0830 FORM OF PAY MENT: Chec k No: ______________ MasterCard _____________ Visa _______________ Discover _______________ Credit Card No.: ____________________________________________________ Expiration Date : _______________________ CODE on bac k _________________ Authorized Signature : _______________________________________________ PAYMENT: Payment in US funds must be included with your registration, spaces are assigned on a first come, first-served basis. In the event of cancellation, refunds will only be made if cancellation is received 19 days prior to the event. Indicate form of payment below. For vending or sponsorship for events, please make checks payable to: 1) E.A.R.T.H. Awareness of Brevard, Inc. 1395 Bayshore Drive, Cocoa Beach, FL 32931 Complete form and return w ith payment in full to: 2) E.A.R.T.H. Awareness of Brevard, Inc. 1395 Bayshore Drive, Cocoa Beach, FL 32931 Your contract will not be honored, until payment of vendor booth and electric/water is paid in full & Proof of Insura nce is Provided. Please return ALL paperwork and payment due, NO later than: SEPTEMBER 15, 2007 Use this form if you are purchasing vending space for the sale of authorized motorcycle items at the event. Complete and return this form with your payment in full to Space Coast Harley-Davidson/Buell. Call the Marketing Department for details on prominent vending space, sponsorship and advertising opportunities. PRE-REGISTRATION: Prices listed are pre-registration vending fees, additional fees may apply if a da te extension is needed. Please reserve adequate space for all your needs. All vendors are subject to published rules and regulations, attached. Space Coast Harley-Davidson/Buell reserves the right to approve all vendor applications.
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