The undersigned vendor (“Vendor”) agrees to be bound by each and every of the terms set forth herein and the terms and representations set forth in the Application, which is incorporated herein by reference as though fully set forth. If the Vendor violates any term of this agreement, James Bowling's Brass Band Bazaar (JB4), Sylvan Park Community Group and/or the authorized agents of the festival may within their sole discretion and at any time (1) terminate this agreement, (2) require Vendor, immediately upon notice of violation of this agreement, to cease operations and vacate the premises, and (3) forfeit any and all fees paid for the right and privilege of participating. This agreement represents the entire agreement between JB4 and the Vendor and may not be amended without the mutual consent of both parties set forth in writing and signed by authorized representatives of JB4 and the Vendor.
1. JB4 agrees to provide each Vendor with an assigned 10’x10’ space(s). Vendors must supply all tables, chairs, tents, generators, and security.
2. Vendor agrees to obey all rules and instructions as directed by the Festival Director during the festival weekend. Any failure to strictly adhere to such rules or instructions may result in the immediate termination of this agreement and immediate forfeiture of any and all fees paid to JB4.
3. Vendor hereby acknowledges its liability, and agrees to compensate JB4, for any damage(s) caused by, including but not limited to, its representatives, agents, employees, volunteers, members, vehicles, equipment, materials and objects to the environs and infrastructure of city or private propriety which causes JB4 to pay for repair, replacement, or other remuneration to the Metropolitan Parks Department and/ or Nashville-Davidson County Metropolitan Government for such damage to the environs or infrastructure.
4. As a courtesy to other vendors and festival participants, any amplified sound or loud noise from Vendor’s space is prohibited. This includes loud generators. If the vendor brings a generator to use in their booth space, it must be whisper-quiet.
5. JB4 reserves the right to prohibit, within any booth or on the festival grounds, the display, advertisement, or other promotion of any business, company, or organization which may be in conflict with a current sponsor. Any questions concerning current sponsors should be directed to the Festival Director prior to the event.
6. Vendor shall not display, offer for view or sale any illegal or contraband items. The laws of the State of Tennessee and local ordinances of the Metropolitan Government of Nashville – Davidson County shall control. Vendors shall not display, offer for view or sale any items that are unlicensed and/or copies/interpretations of licensed or registered items at any site or operation of the 2019 festival.
7. Vendor understands and agrees that JB4 is intended to be, and at all times shall be, a family friendly event.
8. Vendor shall not sublet its space without express written consent.
9. Vendor acknowledges and understands that it is solely responsible for the collection of any sales or use taxes and shall in no way hold JB4 or its representatives responsible for any type of permits other than for the festival itself.
10. No refunds shall be given due to cancellation or interruption of the festival for reasons beyond the control of JB4. These reasons include, but are not limited to weather, acts of God, acts of terrorism, or governmental intervention.
11. Vendor is solely responsible for the security for all its items at the festival location at all times.
12. JB4 makes no representation or guarantees towards actual festival attendance.
13. Vendor understands that JB4 has no control over weather, acts of God, acts of terrorism, or governmental intervention, or any other cause that may prevent, and or interrupt, the festival weekend, and participants shall hold JB4 harmless for any losses that could arise because of such event.
14. We reserve the right to place Vendors in booth locations at the complete discretion of JB4. JB4 shall have sole and complete authority to place the participant in any location contained in the Market Place, irrespective of the participant’s request.
15. Vendor upon vacating its space(s) shall ensure that such space shall be free of any and all trash and refuse with such being placed in the appropriate containers. Failure of the Vendor to clean their space may result in future refusal of Vendor application.
16. Vendor certifies that it maintains adequate liability insurance to cover any and all occurrences which may result in the damage or injury to any person or thing within the confines of the Vendor’s space or as a result of the Vendor’s actions at the festival.