Rhythm N’ Blooms General Vendor Terms & Conditions

RHYTHM N’ BLOOMS GENERAL VENDOR TERMS & CONDITIONS

GENERAL VENDOR shall not sell any items not identified without prior written approval of Dogwood Arts. GENERAL VENDOR shall only sell the identified items at the specified price documented above unless otherwise agreed in writing.

Beverages – GENERAL VENDOR shall not sell, distribute or in any way disseminate non-alcoholic or alcoholic beverages unless agreed in writing.

Hours of Operation – GENERAL VENDOR’S booth must be fully staffed and open for sales and must remain fully staffed and prepared to serve customers during the event’s open hours regardless of weather conditions. If GENERAL VENDOR closes early for any reason, GENERAL VENDOR may, at the sole discretion of the Executive Director of Dogwood Arts, be precluded from in future Dogwood Arts events. GENERAL VENDOR understands that the Rhythm N’ Blooms Festival will be held, rain or shine.

Participation Fees – As consideration for GENERAL VENDOR’s right to participate in the 2018 Rhythm N’ Blooms Festival, upon acceptance GENERAL VENDOR shall pay to Dogwood Arts the total participation fee of $250 fee for 10×10 footprint or $500 fee for 10×20 footprint, which is due with submission of vendor contract no later than February 1st, 2018.

Booth/Signage – GENERAL VENDOR will provide their own signage.  All decorations and equipment within GENERAL VENDOR’s booth are the responsibility of GENERAL VENDOR. (i.e. tent, tables, lights, etc.)

Booth space will be 10 ft wide by 10 ft. deep or 20 ft wide by 10 ft. deep. No sales or service shall be made from the sides or rear of the allotted space or spaces. GENERAL VENDOR understands that Dogwood Arts, in its sole discretion, will assign spaces to GENERAL VENDOR.

Cancellation – GENERAL VENDOR understands and agrees that in the event GENERAL VENDOR cancels on or after March 1st, 2018 or fails to provide the required materials as stipulated in this Agreement, GENERAL VENDOR will forfeit the $250 fee for 10×10 footprint or $500 fee for 10×20 footprint participation fee to DOGWOOD ARTS as liquidated damages.

Load-In, Load-Out – GENERAL VENDOR shall unload all supplies, equipment, or inventory and remove all motor vehicles at a time to be designated by Dogwood Arts.  Load-In for the Rhythm N’ Blooms Festival on Friday, April 7, 2018 at a TBD time.

Equipment – GENERAL VENDOR is required to provide all necessary equipment to sell GENERAL VENDOR’s items acceptable to health and fire regulations.

On-Site Storage – There will be no storage allowed outside the sales booth for any supplies, equipment or inventory, unless prior approval has been agreed to in writing by both parties.

Electrical Services – DOGWOOD ARTS will provide power requested for each vendor per the vendor application. Power fees stated in application will apply.  Please complete the Electricity Needs field on the application.

Environmental Program – DOGWOOD ARTS takes a very proactive and committed stance pertaining to environmentally sound practices. The purpose of this program is to utilize recycled materials whenever possible, and to minimize the amount of non-recyclable waste generated by the event. GENERAL VENDOR agrees to participate in this program, which has the following requirements:

•Cardboard Recycling – GENERAL VENDOR agrees to flatten and segregate cardboard boxes from GENERAL VENDOR’s trash and place them in the designated cardboard receptacles provided by DOGWOOD ARTS.

•Packaging Materials – GENERAL VENDOR agrees to purchase supplies that utilize cardboard only packaging, e.g. purchase materials in crates made from recyclable cardboard instead of crates made from non-recyclable wood or metal.

•Recycling Signage – DOGWOOD ARTS takes responsibility for placement of separate trash containers for recycling the paper and plastic products.

•Consequential Damages – GENERAL VENDOR agrees to reimburse DOGWOOD ARTS for any cleanup costs resulting from lack of proper sanitation and disposal procedures.

Trash – GENERAL VENDOR must keep GENERAL VENDOR’s areas free of trash, litter, and all other unsanitary items. GENERAL VENDOR IS RESPONSIBLE FOR KEEPING GENERAL VENDOR’S AREA CLEAN AT ALL TIMES.

Site Inspection – GENERAL VENDOR is responsible for returning the vending site to its original physical condition immediately after the event ends.

Noise – GENERAL VENDOR shall not utilize any music or engage in loud or raucous shouting or other conduct which is determined, in the sole discretion of DOGWOOD ARTS, to constitute a nuisance. Failure to comply will result in removal from the event with no refund of participation fee.

Insurance – GENERAL VENDOR shall provide DOGWOOD ARTS with proof of liability insurance with minimum limits of $2,000,000, combined single limits or their equivalent and within the insurance policy; include the DOGWOOD ARTS and City of Knoxville as additional insured parties. A certificate of coverage reflecting this coverage should accompany the signed agreement. This certificate of insurance should state minimums of $100,000 in general liability and auto liability coverage. If bringing employees, a certificate of insurance should also include limits of $100,000/$500,000/$100,000 for workman’s compensation. Failure to provide the certificates of insurance shall result in the automatic cancellation of this Agreement; hereby DOGWOOD ARTS shall be entitled to retain any Participation Fee as liquidated damages.

Security – GENERAL VENDOR shall be responsible for GENERAL VENDOR’s own security with respect to cash, equipment, goods or supplies during event hours. Overnight security will be provided within the event area during event dates, using officers from Knoxville Police Department, Knox County Sheriff’s Office, and/or private security firms. DOGWOOD ARTS is not responsible for lost, stolen and/or damaged property of GENERAL VENDOR due to any cause.

Change – GENERAL VENDOR is responsible for providing enough change to last for the entire Rhythm N’ Blooms Festival weekend.

Liability – GENERAL VENDOR shall indemnify and hold DOGWOOD ARTS and DOGWOOD ARTS staff and volunteers harmless from any claim or cause of action arising out of or in connection with the acts or omissions of GENERAL VENDOR under this Agreement, and shall reimburse DOGWOOD ARTS for any costs, including, but not limited to, reasonable attorney’s fees incurred in defense against any such claim in addition to any other remedy available to DOGWOOD ARTS.

Resolution of Disputes – In the event of a dispute arising in any manner as a result of, or in any way related to, this Agreement, the parties hereto agree to submit the same to mediation and/or arbitration as a prerequisite to legal action. In the event arbitration or legal action is commenced, the prevailing party SHALL be rewarded reasonable attorney’s fees and costs including arbitration fees incurred as a result of said dispute.

Agreement Modifications – No prior or present Agreements or representations shall be binding upon any of the parties hereto unless incorporated in the Agreement. No modifications or changes in the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound hereto.

Violations – GENERAL VENDOR acknowledges that a breach of any of the terms of this Agreement may result in the termination of this Agreement and the preclusion of the GENERAL VENDOR’s participation from DOGWOOD ARTS without refund of security/damage deposit or Participation Fee.

Governing Laws – This Agreement shall be covered by the laws of the State of Tennessee, and the health, sanitation and fire regulations of the City of Knoxville.

Agreement Deadline – The application deadline is February 1st, 2018. Acceptance status notifications will be emailed no later than March 1st, 2018. In the event of acceptance, General Vendors will be required to submit a $250 fee for 10×10 footprint or $500 fee for 10×20 footprint and any power fees that may apply.