How to Operate a Concession Business by sxn42276


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									                      2009 Omaha Riverfront Jazz and Blues Festival
                        Food Concession Space Rental Application
                                                         July 10 and 11, 2009

Company Name:
Owner Name:
Permanent Street Address:
City:                      State:          Zip:
Business Phone:                       Fax Number:
E-Mail Address:
Federal Tax ID # or SSN:
List all food items for sale (include current price listing):

Size of Space needed, trailer dimensions:

Electrical service power needs:
Water needs:
Additional needs:

                                                    IMPORTANT NOTICES
1. The Omaha Riverfront Jazz and Blues Festival will res erve the right to serve all beverages . This includes carbonated bottle and
fountain soft drink s along with juices, teas, isotonic and bottled water. If you intend to sell any of the above items, they must be
purchased through the ORJBF. If you are accepted to participate in the Omaha Riverfront Jazz and Blues Festival you will be sent
an order form wit h your confirmation agreement.
2. Include with the applic ation, a det ailed schematic drawing of what the stand will look lik e and how you intend to ut ilize the rental
3. If cancellation is prior to June 30, 2009, there is a $100 non-refundable processing fee.
4. NO REFUNDS after June 30, 2009

     Return Rental Application, signed Policy Agreement, and Payment by June 15, 2009 to:

                                   Midlands Cultural and Historical Association
                                               Attn: Cassandra Jones
                                                   P.O. Box 20023
                                                 Omaha, NE 68120
                           Email completed form to
                                              or fax to (402) 934-5460
             Call (402) 884-1214 for credit card payment options or with any questions you may have.
                        2009 Riverfront Jazz and Blues Festival
                         Food Concession Policy Agreement
WHEREAS, Omaha Riverfront Jazz and Blues Festival, Inc. (ORJBF), its nominees or assigns is desirous of
providing food and/or beverage at the Omaha Riverfront Jazz and Blues Festival to be housed on the Omaha
Lewis and Clark Landing, July 9, 2009 through July 12, 2009; and
WHEREAS, ____________________________________ (Concessionaire) is an independent contractor who
is in the business of operating food and/or beverage concessions; and
WHEREAS, the parties wish to enter into an agreement wherein the Concessionaire will provide food and/or
beverage to ORJBF during the Omaha Riverfront Jazz and Blues Festival on the following terms and

1. Operating Hours: Concessionaire shall operate its concession booth per the following schedule:

Concession stands must be in place and ready to serve to the public by 4:00 pm on Friday,
July 10, 2009, and remain in place until 10:30 pm on Saturday, July 11, 2009. Concessionaire must remove all
concession stands from the Lewis and Clark Landing grounds by 9:00am on Sunday, July 12, 2009. OJBF
assumes no responsibility for any items left after 9:00am.

Hours of Operation:
Friday, July 10, 2009 4:00 pm - 10:30 pm
Saturday, July 12, 2009 4:00 pm - 10:30 pm

2. Health Department: Concessionaire must obtain a permit to operate a temporary concession stand at the
ORJBF. Temporary permits can be obtained via the Douglas County Health Department and Concessionaire
must contact them directly at (402) 444-7488. Inspectors from the Department of Health are not allowed to
collect cash or checks for permit fees out of the office. Therefore, Concessionaire must assure that payment is
received by the Health Department for the permit fee prior to the opening of the ORJBF. Concessionaire is not
responsible for the overall Health Department Umbrella fee, which will be taken care of by ORJBF.

3. Insurance: Concessionaire agrees to present ORJBF proof of an insurance policy in the amount of one
million dollars ($1,000,000) to cover all liability claims that may occur during the course of operation and shall
name Omaha Riverfront Jazz and Blues Festival as additional insured party. Concessionaire must submit
proof of insurance to the ORJBF office by June 30, 2009.

4. Set-up & Utilities: Concessionaire may arrive at the ORJBF designated vendor space only at the following
Thursday or Friday, July 9, 2009 or July 10, 2009 (Schedule to be determined)

Anyone coming in after the allotted set-up time will not be allowed to operate on that day.
ORJBF will ensure that a staff member will be available to direct concessionaire to assigned areas. ORJBF
will provide electricity and water hookups to the Concessionaire for use during the event only if specified on
the rental application. All utility needs are included in the flat rate rental fee. Concessionaire assumes liability
for any damage that occurs to electrical equipment or water hookups as a result of tampering. ORJBF does
not supply extension cords.
5. Frontage: ORJBF will grant to Concessionaire the privilege of operating a concession stand only after upon
receipt of the exact front footage and depth of concession stand from Concessionaire with application, along
with a photograph or drawing of the concession stand that is intended for operating during the Riverfront Jazz
and Blues Festival.

6. Product Description: Concessionaire shall sell only the products submitted with this contract and shall
notify ORJBF management at (402) 884-1214, of any proposed changes by June 15, 2009.

7. Compliance: Concessionaire agrees to conduct the operation of its concession stand in accordance with
the rules and regulations of ORJBF, the laws of the United States and the State of Nebraska, and without
infringement upon the rights and privilege of others. The Concessionaire expressly agrees not to ha ndle or
sell any product or transact any business on the Lewis and Clark Landing grounds for which an exclusive right
has been given to any other person or entity or to engage in any other business, on said premise and
fairgrounds, except that which is expressly stipulated and contracted in this agreement. Concessionaire shall
limit its operation to the space and location assigned in this agreement.

8. Personal Property: Concessionaire is the absolute and unqualified owner of all property of every kind and
character brought by Concessionaire to the Lewis and Clark Landing grounds or used and maintained in
connection with the operation of the concession booth. ORJBF shall have a lien on all concession property,
whether exempt from execution or not, for money to be paid to ORJBF, and for any damages sustained by the
ORJBF or any ORJBF patron by any breach of this agreement. ORJBF shall have the right to seize any and
all concession property, with or without process of law, and hold the same amount for any sums due
hereunder without incurring any liability for seizure and may appropriate said property to the satisfaction of
any claim arising hereunder.

9. Hold Harmless: Concessionaire agrees to protect and hold harmless the ORJBF from any damages,
injuries, or accidents, including court costs and attorney fees, sustained or incurred by reason of a
concessionaires use or occupancy of the premises leased hereunder. Concessionaire assumes full
responsibility for its own actions, inaction, negligence or gross negligence, and any liability resulting by virtue
of action or inaction on the part of its employees, or agents and Concessionaire agrees to indemnify and hold
the ORJBF harmless from any claims, liabilities, damages, costs, expenses arising out of the same.

10. Concession Pricing: Concession prices for all products shall not change throughout the duration of the
event without ORJBF management’s written approval.

11. Cancellation: ORJBF reserves the right to cancel their agreement for cause and without notice prior to or
during the Riverfront Jazz and Blues Festival. In the event that this agreement is canceled during ORJBF, the
ORJBF board will retain all sums paid by the Concessionaire as liquidated damages and not as a penalty. All
other sums unpaid shall become immediately due and owing to the ORJBF. As used herein, “cause” shall
mean: (a) any breach of this agreement by concessionaire, (b) any illegal conduct by Concessionaire, (c) any
conduct or activity of Concessionaire in violation or reasonable rules, regulations or directives of the ORJBF
board or management or (d) any activity of Concessionaire which ORJBF reasonably determines to require
cancellation in order to protect the rights, person and/or property of the public, other Concessionaires or
exhibitors, or any other third party. If a Concessionaire cancels on or before June 30, 2009, there will be a
$100 administration fee retained by ORJBF. If Concessionaire cancels after June 30, 2009, all deposits
and/or full payment will be kept by ORJBF.

12. Accessibility: Concessionaire agrees to make its products and services available and accessible to all
persons, including those with disabilities as defined by the Americans with Disabilities Act. Concessionaire
agrees to hold the ORJBF harmless from any and all claims brought against the ORJBF arising from violations
of federal and state laws concerning accessibility to the concessionaire’s booth by people with disabilities.
Concessionaire further agrees to indemnify the ORJBF to the extent of any and all judgments, costs, and
attorney fees incurred as a result of claims arising from the Concessionaire’s booth and accessibility to it by
disabled persons.

13. Beverages: Omaha Riverfront Jazz and Blues Festival will reserve the right to serve ALL beverages.
Therefore, beverages will only be sold by the festival arrangements this year.

14. Agreement and Pricing: Concessionaire agrees to the provisions of this agreement and further agrees to
pay to ORJBF a fee of $400.00. Concessionaire shall make and deliver to ORJBF the said fee due and
payable on or before June 15, 2009. Said payment shall be by check made payable to: Omaha Riverfront
Jazz and Blues Festival, and delivered to the following address: P.O. Box 20023, Omaha, NE 68120 or call to
pay by credit card. Under no circumstances will Concessionaire be allowed to set up and operate concession
space if all fees have not been paid on or before June 15, 2009.
                 2009 Omaha Riverfront Jazz and Blues Festival
                      Food Concession Policy Agreement
THE UNDERSIGNED CONCESSIONAIRE hereby certifies that he/she has read and understands the
information provided in the policy agreement and that all information in this application is complete and true,
to the best of his/her knowledge.

__________________________           __________________________
Concessionaire  Date


THE UNDERSIGNED hereby agrees to extend to Concessionaire the right and privilege of operating a food
and/or beverage concession stand at the 2009 Omaha Riverfront Jazz and Blues Festival under the terms
and conditions outlined in this agreement.

ORJBF Event Coordinator                                               Date

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