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Concession Contract with Event Vendor

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Concession Contract with Event Vendor Powered By Docstoc
					This is an agreement that is entered into between a vendor and the host of a large event
where concession stands are present. Generally, vendors receive some exclusivity to
ensure that no other vendor at the event is selling the same type of product. The
vendor pays either a fixed sum or a percentage of revenue to the host of the event.
This contract contains numerous standard provisions and may be customized to fit the
specific needs of the parties. This agreement is ideal for a host of a large event or a
vendor who wants to have a concession stand with some exclusivity.
                               Concession Contract with Event Vendor

        This agreement (the “Agreement”) is made on the (date), between (Name of Host) of
(street address, city, state, zip code), referred to herein as Host, and (Name of Vendor), of (street
address, city, state, zip code), referred to herein as Vendor.

         Whereas, the Host will be hosting the following Event (briefly describe) to take place at
the (Name of Location) at (street address, city, state, zip code), starting at (time) and has the legal
ability to issue a license for concession for vending during the above mentioned Event, and

         Whereas, Vendor desires to sell (type or name of product) at and during the above
mentioned Event, and has paid the Host a sum of _____________ ($ _____) dollars for a license
to sell his products as a vendor at the Event,

      Now, therefore, for and in consideration of the mutual covenants contained in this
Agreement, and other good and valuable consideration, the parties agree as follows:

1.      Vendor will be given access to the place that is agreed upon by both parties no less than
(number) hours before the Event starts in order to allow Vendor to set up his station, goods to be
sold, and anything else that is needed and customary to sell (vend) at that specific location.

2.     The Vendor will not vend any items or services that are not disclosed here at the Event
without prior written consent from the Host.

3.      Items that will be sold are described in Exhibit A attached hereto and made a part hereof.

4.      Vendor’s station shall be no bigger than _____ x _____ feet or taller than _____ feet; and
shall be clean and orderly; and shall follow all applicable laws and regulations of the County and
State of said Event.

5.      Vendor’s staff may exhibit that goods are for sale only while the staff is within the area
of the vendor’s specified location.

6.     Vendor’s staff will be properly dressed and their appearance will be clean and neat and
they shall conduct themselves in an orderly fashion.

7.    There is to be no loud distracting music, noise, and or sound amplification devices used
by Vendor’s staff at the above mentioned Event.

8.      Vendor will have access to the location for up to (number) hours after the Event has
concluded at (time) to dismantle and remove all items brought to the Event by Vendor. Vendor
shall leave the location free from trash and in similar condition that it was in before the Vendor
was there.




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9.     Vendor agrees to hold the Host free from any damages or claims that may develop in
connection with participating in the above mentioned Event.

10.     Severability. The invalidity of any portion of this Agreement will not and shall not be
deemed to affect the validity of any other provision. If any provision of this Agreement is held to
be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and
effect as if they had been executed by both parties subsequent to the expungement of the invalid
provision.

11.    No Waiver. The failure of either party to this Agreement to insist upon the performance
of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the
terms and conditions of this Agreement, shall not be construed as subsequently waiving any such
terms and conditions, but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.

12.    Governing Law. This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of (name of state).

13.     Notices. Unless provided herein to the contrary, any notice provided for or concerning
this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified
or registered mail if sent to the respective address of each party as set forth at the beginning of
this Agreement.

14.     Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the
contrary, any dispute under this Agreement shall be required to be resolved by binding
arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall
select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected
shall arbitrate said dispute. The arbitration shall be governed by the rules of the American
Arbitration Association then in force and effect.

15.     Entire Agreement. This Agreement shall constitute the entire agreement between the
parties and any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated in this
Agreement.

16.     Modification of Agreement. Any modification of this Agreement or additional
obligation assumed by either party in connection with this Agreement shall be binding only if
placed in writing and signed by each party or an authorized representative of each party.

17.     Assignment of Rights. The rights of each party under this Agreement are personal to
that party and may not be assigned or transferred to any other person, firm, corporation, or other
entity without the prior, express, and written consent of the other party.



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18.    Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all of which together shall constitute but one and the
same instrument.

19.    Compliance with Laws. In performing under this Agreement, all applicable
governmental laws, regulations, orders, and other rules of duly-constituted authority will be
followed and complied with in all respects by both parties.

        WITNESS our signatures as of the day and date first above stated.




        ________________________                   _________________________
              (Signature of Host)                        (Signature of Vendor)



        _______________________                    _________________________
           (Printed Name of Host)                    (Printed Name of Vendor)




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Description: This is an agreement that is entered into between a vendor and the host of a large event where concession stands are present. Generally, vendors receive some exclusivity to ensure that no other vendor at the event is selling the same type of product. The vendor pays either a fixed sum or a percentage of revenue to the host of the event. This contract contains numerous standard provisions and may be customized to fit the specific needs of the parties. This agreement is ideal for a host of a large event or a vendor who wants to have a concession stand with some exclusivity.