Contract Acceptance: The submission of the Vendor/Exhibitor’s executed and completed Application and Management’s executed acceptance thereof forms a binding contract between the Parties. The Terms are an integral part of the Agreement and any violation thereof shall constitute a fundamental breach of the Agreement. In the event the Exhibitor is in breach of this Agreement, the Exhibitor shall be barred from participation or further participation in the Event (as the case may be) and at a minimum shall not be entitled to any refund of Payment.
A. RESPONSIBILITIES OF THE EVENT MANAGEMENT, Eastside Events (management) / The Vandenberg House
1. Upon receipt of online artisan application and the applicable non refundable booth fee, Eastside Events, shall provide as agreed upon to Vendor for the Event.
a. Trash removal
b. Standard electrical hook-up (if requested & paid)
c. Overnight security if applicable
d. Space allocation
2. Eastside Events shall provide visible identification noting the legal status of attendees to consume alcohol, if applicable.
3. Eastside Events reserves the right to limit vehicular access on the Event premises. No vehicles permitted.
4. CANCELLATION OF EVENT. Management reserves the right to cancel,
rename or relocate the event or change the Event’s dates. If Management changes the name of the Event, relocates the Event to another event facility, or changes the Event to dates that are not more than 90 days earlier or 90 days later than the originally scheduled Event dates, no refund will be due to Exhibitor, but Management shall assign to the Exhibitor, in lieu of the original Space, other space as Management deems appropriate and Exhibitor agrees to use that other space under the terms of this Agreement. If Management cancels the Event due to circumstances beyond its reasonable control (including, without limitation, acts of God, acts of war or terrorism, governmental emergency, Covid-19, Pandemic, labour strike or unavailability of the Event Facility), Management shall refund to Exhibitor its Payment previously paid less Thirty-five (35%) per cent of the Payment, for the Exhibitor’s share of costs and expenses incurred by Management, in full satisfaction of all liabilities of Management to Exhibitor. Management shall not be liable to the Exhibitor for any damages whatsoever, including consequential damages. If Management cancels the Event due to reasons other than those listed in this paragraph, Management shall provide to the Exhibitor a refund equal to one hundred (100%) percent of the Payment actually paid by the Exhibitor to Management, without interest or deduction, in full satisfaction of all liabilities of Management to Exhibitor and the Exhibitor releases Management from any and all claims for damages, consequential or otherwise.
5. ADMISSION: Management reserves the right to exclude, remove or limit from the Event any person or persons whose presence, in the opinion of Management, is undesirable and Management may exercise such rights notwithstanding that any person is the servant, agent, employee, invitee or contractor of the Exhibitor or otherwise in anyway connected to or associated with the Exhibitor.
6. CORPORATE/VENDOR LOGO and Trademarks: The Exhibitor hereby expressly grants license to Management to use the Vendor’s corporate/business logo and any other of the Vendor’s Trademarks in any form so requested or required by Management prior to the Event, for the purpose of advertising the Event through any media so desired by Management. Management’s right to use such corporate logo and trademarks shall come to an end at the cessation of the Event.
7. USE OF SPACE, What is Included: The Agreement is for the use of Space at the Event. The Vendor’s activities shall be confined only to its contracted Space. In consideration of payment by the Vendor, Management shall provide to the Vendor only the following items: (a) Vacant space as described in the Exhibitor/Vendor’s Invoice and/ or agreed too; (b) General Event security services;(c) Exhibit staff access, as per maximum outlined in the Exhibitor Manual;
8. Exhibitor Application: Management may refuse acceptance of the Vendor’s application and determine whether the Vendor is eligible to participate in the Event in its sole and unfettered discretion and shall not be obligated to provide its reasons for doing so. In the event that Management deems that a Vendor may not participate in the Event, Management shall notify the Vendor and forthwith refund to the Exhibitor Payment without penalty, interest or deduction.
B. RESPONSIBILITIES OF THE VENDOR
01. Tables, linens and all set-up for your booth is required. Management does not provide any items unless discussed prior to event set-up day.
02. Extension cords and splinters to ensure electrical hook-ups can be reached (if electrical requested).
03. The VENDOR shall not sell or donate space in its booth for advertising and/or promotion to any third party without prior written approval from Eastside Events. All raffles / drawings /giveaways must be approved in advance, by email, by Eastside Events. Any names/mailing lists collected as the result of an approved giveaway must be provided to Eastside Events within 30 days after the Event. In furtherance of this obligation, VENDOR shall include within all consumer data solicitations sufficient language and notice to consumers that acquired data is subject to being shared with Eastside Events.
04. Vendor AGREES TO OPERATE IN ACCORDANCE WITH REGULATIONS SET FORTH IN THE Toronto Health Codes. VENDOR also agrees to comply with any applicable Federal and Provincial regulations or agency requirements. All provisions of this Agreement are subject to all applicable requirements, limitations, and conditions of the federal, provincial and local municipal codes, laws, ordinances, regulations and rules applicable in the state in which the event(s) are held. Further, it is understood and agreed VENDOR’s use of any benefits received hereunder are subject to and must be utilized in accordance with all applicable federal, provincial, local , rules, regulations, laws, codes, ordinances, and guidelines, including without limitation all Provincial Occupational Safety and Health Regulations.
05. DAMAGES, EXTENDED MOVE IN OR OUT: The Management shall not be liable for any damages, whether direct, indirect, general, special, consequential or otherwise to the Exhibitor, its agents and employees or visitors to its exhibit whether occasioned by Management, its officers, agents or employees, or by another Exhibitor. All exhibitors must be completely set up with surrounding aisles clear, 1 hour prior to show opening and all materials must be removed from event venue, Toronto, 1 hour after the show has ended otherwise the vendor will be subject to a $500 penalty plus any charges the venue enforces. Any other arrangements must be agreed by email by both parties.
06. PROFESSIONAL CONDUCT: The Exhibitor shall conduct itself at all times in accordance with professionalism and reasonable standards of decorum and good taste. Management reserves the right to restrict or prohibit any contest, promotion or give-away that causes blocking or disturbance to other exhibitors or patrons or that could be considered illegal under laws where the exhibit is held or poses a threat or danger to any patrons, exhibitors, personnel or to event venue, Toronto.
07. Vendor Responsible for Damage and/or Theft to Other Vendors and Itself. The Vendor is liable for any damage and/or theft, by act or omission, caused by itself, its employees, its invitees, its agents, its servants and its third party contractors to the booth(s) space or property of other exhibitors and its own booth(s) or property during the Event. In the event that Management is named as a party to any lawsuit(s) for damage or theft caused by the act or omission of the Exhibitor, its agents, its servants, its invitees, its employees or any of its third party contractors, the Exhibitor hereby fully indemnifies Management from and against any award of damages, including legal fees and costs on a substantial indemnity basis. The Vendor shall take all necessary precautions to protect its own property from theft or damage or both. The Vendor’s property shall be placed on display and exhibited at its own risk; for greater certainty, Management assumes no responsibility for loss or damage to the Exhibitor’s property, including losses sustained due to fire, flood, theft, vandalism, acts of God or any other cause.
08. Qualified Personnel to be in Attendance: The Vendor shall adequately staff and maintain qualified personnel to maintain and govern its Space and booth(s) at all times during the Event and especially while the Event is open to the public. If the Vendor fails to install and/or complete its display in its Space by the Event’s opening, or leaves its Space unattended at any time during the Event, Management shall have the right to take possession of the booth, terminate this Agreement and no refund will be due to the Exhibitor.
09. Consideration: Upon the entering into of the Agreement, the Vendor shall make Payment to The Vandenberg House. Payment shall be made by the Vendor within two (2) business days of Management’s written acceptance of the Application. Failure by the Vendor to make Payment as aforesaid shall result in Management’s immediate termination of the Agreement without further notice to the Exhibitor and without obligation to refund any monies previously paid by the Vendor, if any. Management reserves the right to refuse the Vendor permission to move in and set up a booth. Management shall have the right to sublet any Space vacated or made available because of action taken under this paragraph. Vendor Booth fees paid are non refundable or transferable.
10. Prohibited Item(s): No Vendor shall exhibit or permit or cause to be exhibited in the space any Prohibited Item(s). The Vendor agrees to display only non Prohibited Item(s). At the request of Management, the Vendor shall remove any such Prohibited Item(s), at the Vendor’s sole cost and
expense, immediately upon Management’s request. The failure or refusal of the Vendor to remove any Prohibited Item(s) shall result in the removal of such Prohibited Item(s) by Management. The Vendor agrees to assume and pay for any and all costs associated with the said removal of Prohibited Item(s) including, without limitation, cost of removal, cost of storage, administrative fees and third party costs. The Vendor holds Management and its agents, employees, servants and third party contractors harmless in respect of damage, theft or any loss sustained by the Vendor in respect of the removal and/or storage of the Prohibited Items. Management shall not rebate or refund Payment to the Vendor.
C. RESPONSIBILITIES OF BOTH PARTIES-GENERAL INFORMATION
01. VENDOR sales locations are at the discretion of Eastside Events. VENDOR may begin set-up of their booth when instructed by Eastside Events. VENDOR must have booth completely set-up within 30 minutes of start of show unless otherwise arranged with Eastside Events management.
02. Any support vehicles required by the VENDOR must be parked in the appropriate lot as designated by Eastside Events, if applicable.
03. Eastside Events shall have the right to terminate this Agreement at any time should the vendor fail to meet established standards and conditions set forth in the Agreement and/or conduct sales activities in good faith.
04. Eastside Events and the VENDOR shall remain independent contractors, and nothing contained herein or done pursuant hereto shall be construed to create any relationship of principal and agent or employer and employee between Eastside Events and the VENDOR to make them joint ventures.
05. The VENDOR, its affiliated companies, and subsidiaries, agree to be responsible for, and to defend, hold harmless, and indemnify Eastside Events, The Vandenberg House, its parent, subsidiaries, limited liability and affiliated companies and their respective shareholders, officers directors, employees, members, agents and assigns (the “indemnified parties”), including reasonable attorney’s fees, of liability whether by reason of injury (including death) to the person or property of another or otherwise arising in connection with this Agreement. The Obligations of VENDOR here under shall extend to claims alleging an indemnified Party’s sole negligence, willful misconduct or violation of law.
06. The VENDOR, its affiliated companies and subsidiaries is encouraged to secure and maintain during the period of this Agreement Comprehensive General Liability Insurance, which shall be written on an “occurrence” basis, with a standard broad form endorsement and/or excess umbrella liability with combined single limit of not less than $1,000,000.00 for each occurrence and $1,000,000.00 general aggregate.
07. On such policy, the VENDOR agrees to name as additional insured’s The VandenBerg House and Eastside Events as it relates to activities during the event while exhibiting at event space, Toronto and to have the certificate available during the show.
08. Governing Law: This Agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario. The Exhibitor hereby submits to the exclusive jurisdiction of the courts located in the Province of Ontario, which shall constitute the exclusive forum for the resolution of any and all disputes arising out of, connected with or related to this contract or the breach of any provision of this contract. The Exhibitor waives any right to assert lack of personal or subject matter jurisdiction and agrees that venue properly lies in Toronto, Ontario.
Applicable to Leslieville Food and Drink Festival 2022 / Leslieville Christmas Pop-up Market 2022
