2018 Southeast Texas Nutcracker Market
Vendor Booth Registration Form
First and Last Name *
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Business Name *
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Address *
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City *
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State *
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Zip Code *
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Contact Phone Number *
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Email *
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Website Address *
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Main Product Description *
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Are you a Direct Sales Vendor? *
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Will you need Electricity? Electricity is $70.00 *
How did you hear about us? *
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Acknowledgment of the Rules, Regulations and Contract below.
The Southeast Texas Nutcracker Market is an indoor event. Vendors/Exhibitors must provide their own display equipment, including tables, chairs and display racks. No garage sale items will be accepted and all items must be family-friendly. If items displayed in the booth do not meet guidelines, the exhibitor will be asked to remove those items. No food items may be sold – unless approved during the application process. Exhibitors must be present at all times during the show. No booth will be left unattended. Each vendor must stay open until closing, unless given express permission. No late setups are permitted. Your space will not be reserved unless your payment is received. NO REFUNDS will be given, please be advised that Houston Area Shows is not responsible and are not to be held responsible for any property loss damage accident or injury to property or person(s) participating in Houston Area Shows events. Booths must be taken down immediately after show. ALL vendor booths must be completely taken down. Anything left on premises will be thrown out. Licensee agrees to indemnify hold harmless save and defend (collectively “indemnify”) Spectra Venue Management and/ or Houston Area Shows and all other affiliated property owners investors and their parties members officers agents and employees (collectively the “indemnified parties” or individually an “indemnified party”) from and against any and all claims demands damages losses expenses costs liabilities injuries causes of action or judgments including reasonable attorney’s fees and court costs (collectively “claims”) that are attributable to personal injury or death or damage to property including loss of use thereof actually or allegedly occasioned by contributed to or arising out of in whole or in part from Houston Area Shows. LICENSEE’S OBLIGATION TO INDEMNIFY SHALL APPLY EVEN IF SUCH CLAIMS ARE ACTUALLY OR ALLEGEDLY CAUSED IN WHOLE OR IN PART BY THE ACTS OMISSIONS OR NEGLIGENCE OF AN INDEMNIFIED PARTY REGARDLESS OF WHETHER SUCH NEGLIGENCE OR OTHER ACTS OR OMISSIONS ARE ACTIVE OR PASSIVE DIRECT OR INDIRECT SOLE OR CONCURRENT. Notwithstanding anything foregoing to the contrary if any claims for personal injury or death as referred to above is asserted against any one or more of the indemnified parties by any employee of Licensee and/or the estate or survivors of a deceased employee of Licensee the obligation to indemnify shall apply and be enforceable without limitation and notwithstanding that the claims are actually or allegedly caused by the negligence acts or omissions whether active or passive direct or indirect sole or concurrent of an indemnified party. CANCELLATION BY VENDORS OR HOUSTON AREA SHOWS As occupancy of the Event Space is the essence of the Agreement, no refunds shall be made in connection with any Rental Space Fee after the acceptance of said fee by H.A.S.. No refunds will be issued for weather related issues. The Event will proceed on the scheduled day regardless of any weather event. FORCE MAJEURE In case of cancellation of the Event or unavailability of the Event Space for specified use due to war, governmental action or order, act of God excluding weather, but not limited to, fire, strike, labor disputes, or any other cause beyond H.A.S. control, this Agreement shall terminate, and the Vendor shall be entitled to the return of the Rental Space Fee for the Event Space less an amount equal to the total costs and expenses incurred by H.A.S. in connection with the preparation of Vendor’s Event Space. Refund of the Rental Space Fee (or a portion thereof, as applicable) as provided in this section, shall be the exclusive remedy of the Vendor against H.A.S. or its representatives, employees, agents, invitees, licensees, affiliates, and all other related parties in the case the Event is canceled or rescheduled or the Event Space is unavailable for use. In case of damage to the Vendor through war, governmental action or order, act of God, including, but not limited to, fire, strike, labor disputes, or any other cause beyond H.A.S. control, the Vendor expressly waives all liability and completely releases and holds harmless H.A.S. of and from any and all claims for damage to person and property and agrees that H.A.S. control this Agreement shall terminate and the Vendor shall be entitled to the return of the Rental Space Fee for the Event Space less an amount equal to the total costs and expenses incurred by H.A.S. in connection with the preparation of Vendor’s Event Space. Refund of the Rental Space Fee (or a portion thereof as applicable) as provided in this section shall be the exclusive remedy of the Vendor against H.A.S. or its representatives, employees, agents, invitees, licensees, affiliates, and all other related parties in the case thethe Event is canceled or rescheduled or the Event Space is unavailable for use. In case of damage to the Vendor through war, governmental action or order, act of God, including, but not limited to, fire, strike, labor disputes, or any other cause beyond H.A.S. control, the Vendor expressly waives all liability and completely releases and holds harmless H.A.S. of and from any and all claims for damage to person and property and agrees that H.A.S. shall have no liability whatsoever. SALE OF PRODUCT Vendors are responsible for all their transactions, sales taxes, and personal cash needs. Only products on the Application can be sold GOVERNING LAW This Agreement shall in all respects be governed by the law of the State of Texas. ASSIGNMENT, SUBLETTING OF EVENT SPACE No Vendor shall assign, sublet or share the Event Space allotted to such Vendor without the knowledge and written consent of H.A.S. No products, parts, accessories or other goods, souvenirs, catalogs, etc. bearing names or other forms of advertising other than that of the Vendor may be displayed. No firm or organization not assigned event space shall be permitted to solicit business within the Event areas. LIABLITY AND INSURANCE In no event, shall H.A.S., ”) Spectra Venue Management nor their representatives, contractors, nor corporate sponsors of the Event be responsible for any injury, loss nor damage that may occur to the Vendor’s employees, agents, contractors, representatives, or property from any cause whatsoever. It is the Vendor’s responsibility to protect machinery, perishables, and exhibits so that no injury will result to the public visitors, guests, or persons, or property. If property does not appear to be properly maintained, it will be promptly withdrawn from the Event site. All property of the Vendor, including food-stuffs and other perishables is understood to remain in Vendor’s care, custody and control in transit to, from, or within the confines of the Event area subject to the Rules and Regulations. The Vendors, on signing the Agreement expressly release, hold, keep, save harmless and indemnify the foregoing *
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