Literary Sales Agent Agreement by fqf17964

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									           *** 13th Annual – September 26, 27 & 28, 2008 ***

                             ~ LITERARY EXHIBITOR ~
                   Information, Rules and Regulations

       APPLICATION DEADLINE: FRIDAY, AUGUST 1, 2008
                   If you are requesting a specific space, please apply early.


The Baltimore Book Festival:
The festival features 225+ author appearances and book signings; 100+ exhibitors and
booksellers; non-stop readings/book signings on eight stages; cooking demonstrations by
celebrity chefs; poetry readings and slams; workshops; panel discussions; walking tours;
storytellers and hands-on projects for children; street theater; live music; and a delicious
variety of food, beer and wine. The Baltimore Book Festival is the free, premier
celebration of the literary arts for the mid-Atlantic region.

New for 2008!
     Online Applications
        The Baltimore Book Festival is now accepting online applications. Please visit
        www.baltimorebookfestival.com to apply.
     Radical Bookfair Pavilion
        This addition to the festival features radical and independent zines, publishers,
        distributors, bookstores, and authors. This is a separate area with a separate
        application. Please check www.baltimorebookfestival.com for details as they
        become available.

2008 Calendar:
Friday, May 1: Early Application Deadline (save $25)
Friday, August 1: Late Application Deadline
Friday, August 8: Acceptance Notifications and Invoices Emailed
Friday, September 5: Payment Deadline (if invited to participate)
Friday, September 12: Exhibitor Guidelines Emailed
September 26, 27 & 28: The Baltimore Book Festival
Fees:
Application Fee: $30 (non-refundable) must be included with your application.
Private company/organization Fee: $450* – 10’x10’ tent
*Application must be returned by May 1st.
Private company/organization Fee: $475* - 10’x10 tent
*Fee for applications returned after May 1st.
Non-profit company/organization Fee: $325* – 10’x10’ tent
*Application must be returned by May 1st.
Non-profit company/organization Fee: $350* – 10’x10’ tent
*Fee for applications returned after May 1st.
Table Rental Fee: $10 each
Chair Rental Fee: $3 each
Returned Checks Fee: $100
***Requests for double booths, taller booths and booth locations are made at the
discretion of The Baltimore Book Festival.

Payment Information:
     Fees cover the entire weekend. The Baltimore Book Festival does not collect a
       commission on exhibitor merchandise sales.
     Accepted companies/organizations will be invoiced
     Should the exhibitor decide to cancel their space after the invoice is issued, the
       exhibitor is still responsible for paying the space rental fee.
     Refunds are not issued if the exhibitor cancels their space at anytime.
     The Baltimore Book Festival will accept credit card, money order, or check
     Please make checks payable to:
       Baltimore Office of Promotion & The Arts
     Please mail check to:
       Baltimore Office of Promotion & The Arts
       Attn: Jessie Oehler
       7 East Redwood Street, Suite 500
       Baltimore MD 21202
*All checks must be mailed to the attention of Jessie Oehler to ensure proper payment
processing.

Application Information:
      Online applications and handwritten/mailed in applications are accepted;
         however, exhibitors are encouraged to apply online.
      Applications submitted without the $30 fee will not be processed.
         Application and $30 application fee submission does not imply acceptance
         into the Baltimore Book Festival. If accepted, you will receive an email
         confirming your acceptance and an invoice for the booth fee.
      Only fully completed application will be considered. Please be sure to
         include a working email address. Most festival information will be
         emailed.
      If you are a non-profit company/organization, please include proof of non-profit
         status. Applications submitted without proof of non-profit status will not be
         fully processed.


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Exhibitor Criteria:
In order to exhibit at the Baltimore Book Festival, you must either sell books, book-
related products or promote a literary-oriented program. You must either be a
bookseller, publisher, or non-profit organization focused on literacy and education issues.
Cultural organizations and other non-profits that so not meet this requirement must
demonstrate a strong “book hook” in order to participate. Sponsors are exempt from
these criteria; through their generosity and exhibitor fees, we are able to keep the
Baltimore Book Festival free and open to the public. BOPA reserves the right to refuse
participation by any company or organization at its sole discretion.

Exhibitor Package: An exhibitor package includes the following elements:
    One (1) 10’x10’ tent with a wall on the back and walls to close the front and sides
      overnight. Water barrels will be used to secure the tent down.
    Tent assignments are made at the discretion of the Baltimore Book Festival.
    One (1) sign (with exhibitor name as it appears on this application) per
      exhibit space.
    Basic overhead lighting and access to an electrical outlet if needed – bring
      extension cords if you need power (exhibitor is responsible for bringing
      their own display lighting).
    24-hour site security and sanitation services around the perimeter of the
      Baltimore Book Festival site.
    Listing in the on-site event program, which is also inserted in 90,000 copies of the
      City Paper’s “Big Book Issue” on September 24.
    Listing on the Baltimore Book Festival website.
    One (1) complimentary off-site parking pass per company/organization for the
      duration of the event.
    Exhibitors may share space with another organization if thematically appropriate
      as described on this application. Please let us know if you are sharing a space.
    Exhibitors may not re-sell any portion of their space at the Baltimore Book
      Festival.

General Information:
   Exhibitors need to ensure that 80 percent of their display is comprised of
     books and the written word. The Baltimore Office of Promotion & The Arts,
     Inc. reserves the right to deem materials appropriate. Unacceptable material
     cannot be promoted, displayed or sold.
   Please be advised that exhibit space is limited and sells out quickly. Once we fill
     our allotted space, if your application is approved, we will put you on the waiting
     list. Exhibitors are encouraged to submit their completed application as soon as
     possible.
   Exhibitors are responsible for collecting and reporting Maryland state sales tax on
     all merchandise sold. If accepted to the festival, information about collecting
     sales tax will be provided in the exhibitor guidelines packet.
   All terms, conditions and directions for exhibiting, as outlined in the Exhibitor
     Guidelines to be provided in early September 2008 (via email), will be
     accepted and be a part of this contract. Information about parking, driving
     directions, etc. will also be included at this time.
   For a complete list of Baltimore City Hotels, please go to www.baltimore.org.

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Baltimore Book Festival Exhibitor – Terms & Conditions

Refunds are not issued if the exhibitor cancels their space.

   1. The Baltimore Office of Promotion & The Arts, Inc. (BOPA) reserves the right to
       determine and assign the Exhibitors’ onsite tent location. Our goal is to create a
       successful experience for all of our participants. However, due to the large-scale
       nature of the festival’s logistics, BOPA will not honor Exhibitors’ requests to
       change or move its tent location at any time.
   2. This application, when properly executed, shall constitute a valid and binding
       agreement between the Exhibitor and the Baltimore Office of Promotion & The
       Arts, Inc. (BOPA). BOPA reserves the right, in its sole and absolute discretion, to
       reject any application, or to limit participation in the Baltimore Book Festival.
   3. The terms, conditions and directions of the Exhibitor Guidelines, as amended from
       time to time by BOPA, shall be provided to exhibitors no less than seven days
       prior to the Baltimore Book Festival. The guidelines shall be considered a part of
       this agreement. Exhibitor is responsible for reviewing the Guidelines carefully and
       be familiar with its terms and conditions therein.
   4. The Exhibitor contact listed on the application portion of this agreement shall be
       authorized to make all decisions regarding exhibiting at the Baltimore Book
       Festival.
   5. Exhibitor shall pay all sales or other taxes, fees and assessments required by any
       applicable federal, state or local law in connection with Exhibitor’s participation in
       Baltimore Book Festival. Exhibitor shall indemnify, defend and hold BOPA
       harmless for any taxes (including fees and penalties, if any) required to be paid
       by BOPA in connection with the Exhibitor’s activities under this contract. Exhibitor
       shall provide BOPA with all requested documentation to evidence Exhibitor’s
       compliance with tax laws and rules.
   6. If the entire festival must be cancelled due to circumstances beyond the control of
       the Baltimore Book Festival, a 50 percent refund of your exhibitor fee will be
       issued. The Baltimore Book Festival takes place rain or shine, however in the case
       of excessively inclement weather; the Baltimore Book Festival reserves the right
       to close the event. The event will re-open when deemed to be safe by the
       Baltimore City Fire Department.
   7. Under no circumstances shall BOPA be liable for consequential, indirect, special or
       punitive damages of any kind in connection with its activities or omissions under
       this agreement regardless of whether such damages were foreseeable.
   8. Failure by Exhibitor to adhere to any provision of this Agreement may result in
       cancellation of this agreement.
   9. Exhibitor may not assign this agreement or trade, sell, share or otherwise transfer
       the advertising or exhibiting rights provided for in this agreement.
   10. Waiver of any term of this agreement or failure of BOPA to terminate this
       agreement on account of any breach by Exhibitor shall not be deemed a waiver of
       BOPA’s rights to subsequently enforce any term or to terminate this contract by
       reason of any subsequent breach by Exhibitor.



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   11. Exhibitor agrees that no representations of any kind have been made to Exhibitor
       by BOPA or by any of its agents and that no understanding has been made or
       agreement entered into other than as set forth herein.

Liability and Insurance:
   1. Exhibitor agrees to indemnify, defend and hold harmless the Baltimore Office of
        Promotion and The Arts, Inc.(BOPA), the Mayor and City Council of Baltimore, its
        elected/appointed officials, employees, agents, and volunteers from any and all
        claims, demands, suits, and actions including attorney’s fees and court costs,
        connected therewith, brought against the Baltimore Office of Promotion and The
        Arts, Inc., the Mayor and City Council of Baltimore, its elected/appointed officials,
        employees, agents, and volunteers arising as a result of any direct or indirect,
        willful, or negligent act of omission of the Exhibitor, its employees, agents, or
        volunteers, EXCEPT for activities caused by the sole negligent act or omission of
        BOPA, the Mayor and City Council of Baltimore, its elected/appointed officials,
        employees, agents, and volunteers arising out of this contract/agreement.
   2. BOPA, sponsors and the employees, representatives and agents of each shall not
        be liable for any claims, liabilities, costs and charges (including attorneys’ fees and
        costs) for injury, loss or damage to property or persons (including death) arising
        out of Exhibitor’s activities in connection with the Baltimore Book Festival, or any
        breach of representation, warranty or covenant in this agreement.
   3. The exhibitor is an independent contractor under this contract and has no
        employee, partnership, co-venture, agent or other such relationship with the
        Baltimore Book Festival.
   4. The exhibitor is solely responsible for securing appropriate insurance to cover
        his/her operations, including storage at an on-site location if provided by the
        Baltimore Book Festival, in such amounts as he/she may deem necessary. The
        Baltimore Book Festival has no responsibility for any damage or loss of property
        of the artist. Exhibitor must provide proof of insurance for their business. If you
        do not carry a business insurance policy, you are advised to consider 1 day or
        multi-day event insurance a qualified insurance company. Proof of insurance is
        not due until you are accepted to the festival.
   5. The exhibitor agrees to have as a minimum requirement Automobile Liability
        Insurance with a limit no less than $100,000.00 combined single limit each
        accident for use of owned, hired and non-owned vehicles used on festival site.
        Please provide BOPA with a copy of the certificate of insurance.
   6. Refunds are not issued if the exhibitor cancels their space.

About This Agreement:
   7. Should the exhibitor fail to fulfill any of his/her obligations pursuant to this
      agreement, the Baltimore Book Festival may terminate this agreement upon
      notice to exhibitor.
   8. The waiver of any term of this agreement, or the failure of the Baltimore Book
      Festival to insist on strict compliance and prompt performance of any terms of
      this agreement, followed by the acceptance of such performance thereafter, shall
      not constitute or be constructed as a waiver or relinquishment of any right by the
      Baltimore Book Festival to enforce all terms strictly in the event of a continuous or
      subsequent default.

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   9. Each provision of this agreement shall be deemed to be a separate, severable,
       and independently enforceable provision. The invalidity or breach of any
       provision shall not cause the invalidity or breach of the remaining provisions or of
       the agreement, which shall remain in full force and effect.
   10. This agreement shall in all respects be construed in accordance with and
       governed by the laws of the State of Maryland and subject to the jurisdiction of its
       courts. Furthermore, the parties hereto agree that any suits or actions brought
       by either party against the other shall be in a court of competent jurisdiction in
       Baltimore City.
   11. This agreement, together with any exhibits or attachments, contains the entire
       agreement between the parties and supersedes any other agreements or
       representations between them, whether oral or written. No provisions of this
       agreement may be amended, waived or modified except by a written agreement
       signed by both parties.
   12. Submission of a signed written or on-line application shall constitute agreement
       with all conditions in this prospectus. Please keep this sheet for your records.

For inquiries, contact Jessie Oehler at Jessica.Oehler@promotionandarts.com or
443-263-4347, Monday-Friday, 9am-5pm.

For more information on The Baltimore Book Festival, please visit
www.baltimorebookfestival.com.

       ***PLEASE PRINT A COPY OF THIS DOCUMENT FOR YOUR RECORDS***

*BE SURE TO SIGN PAGE 7 AND RETURN IT AS SOON AS POSSIBLE*
       You may mail or fax (410.385.0361) the signature page.




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By my signature below, I acknowledge that I have read, understood, and accept the
Exhibitor Information, Rules and Regulations Document outlining the Baltimore Book
Festival Terms and Conditions.

***Please refer to contract bullet point number 4 and 5 under the Liability and Insurance
section regarding your proof of insurance responsibilities. (Please check one)
          Along with this sheet I am providing a copy of both certificates of insurance as
          required.
          I will mail in a copy of both certificates of insurance once I am accepted into
          the Baltimore Book Festival.
          I do not use and/or will not be using a vehicle (my own, a rental or
          family/friend) on the festival site to travel, load or unload my items, therefore I
          do not need to provide proof of car insurance.

________________________              ______________________
Signature                             Date

________________________              ______________________
Print Name                            Phone Number

Please mail this signed sheet and the certificate of insurance to:
Baltimore Office of Promotion & The Arts
Attn: Jessie Oehler
7 East Redwood Street
Suite 500
Baltimore MD 21202

Applications will be processed upon receipt of signature page.




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