Festival Vendor Agreement
710the6 Festival & Cup 2017
BETWEEN:
710The6 (the "Organizer"), a company organized and existing under the laws of Ontario, Canada, with its official mailing address located at 465 Yonge St. #73041, Toronto, Ontario, M4Y 2W5, Canada
AND:
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(the "Vendor"), a company organized and existing under the laws of the Province of
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, Canada with its head office located at:
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WHEREAS, the Organizer, conducts a festival marketplace which is to be held between July 8th and 9th 2017 in Toronto, Ontario and to be known as The 710The6 Festival & The 710 Cup; herein, the Event

and

WHEREAS, the Vendor has determined to rent booth space for the duration of the the Event in accordance with all festival rules.

NOW, THEREFORE, in consideration of the mutual agreements and promises contained herein, the parties hereto agree as follows:

1. OFFICIAL STATUS
1.1 Vendor, hereby applies for space at 710the6 Festival Marketplace, as specified below. Vendor agrees to abide by the Terms and Conditions of the Event as listed by Organizer.

1.2 Organizer shall use its best efforts to provide the following rights to Vendor during the Term of this Agreement
2. ADVERTISING AND PROMOTION
2.1. Subject to Organizer’s rights of approval as described in this Agreement, Vendor shall have the right to use Organizer’s Trademarks in advertising and promotional activities as it deems desirable during the term of this Agreement.

2.2. Subject to Vendor’s rights of approval as described in this Agreement, Organizer shall have the right to use Vendor’s Trademarks in advertising and promotional activities as it deems desirable during the term of this Agreement.
3. FESTIVAL FEES
In consideration of the full performance by Organizer of all of its obligations hereunder and of all rights granted hereunder to Vendor, Vendor shall pay to Organizer the total sum of:
($) CDN on or before June 30th 2017 by means deemed acceptable to Organizer, and confirmed by a Canadian bank acceptable to Organizer. If payment is not fully processed by June 30th late fees may apply

The Vendor acknowledges that this form including all terms and conditions of the Event are considered a binding contract upon acceptance by Organizer. The individual signing this agreement represents and warrants to Organizer that he/she is duly authorized to execute this agreement on behalf of Vendor.
50% DEPOSIT INCLUDED ($ CDN):
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METHOD OF PAYMENT: *
Required
BALANCE ($ CDN) DUE BY JUNE 30th *
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METHOD OF PAYMENT: *
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Booth Options
OUTDOOR 10' x 10; STANDARD
• 4 Vendor passes
• 10’x10’x7’ tent
• 8’ folding table
• 2 folding chairs
• All sales permitted
• Booth sharing permitted
$2000 + HST

OUTDOOR 5' x 10' STANDARD
• 2 Vendor passes
• Shared 10’x10’x7’ Tent
• 4’ folding table
• 1 folding chair
• All sales permitted
• Booth sharing not permitted
$1000 + HST

INDOOR 8' STANDARD
• 2 Vendor passes
• 6’ folding table
• 2 folding chairs
• All sales permitted
• No Smoking, moderate vaping only
• Indoor space may be affected by evening programming
$1500 + HST

INDOOR 5' STANDARD
• 1 Vendor pass
• 4’ folding table
• 1 folding chair
• All sales permitted
• No Smoking, moderate vaping only
• Indoor space may be affected by evening programming
$750 + HST

10’ X 10’ COMMUNITY
• Outdoor Space
• NO TENT
• NO TABLE NO CHAIRS
• 4 Vendor passes
• Craft or handmade sales only
$700 + HST

5’ X 10’ COMMUNITY
• Outdoor Space
• NO TENT
• NO TABLE NO CHAIRS
• 2 Vendor passes
• Craft or handmade sales only
$400 + HST

Select a booth type
Qty: 1
Qty: 2
Qty: 3
Qty: 4
Outdoor: 10' x 10' Standard
Outdoor: 5' x 10' Standard
Indoor: 8' Standard
Indoor: 5' Standard
10' x 10' Community Outdoor Space
5' x 10' Community Outdoor Space
Select your add ons:
Qty: 1
Qty: 2
Qty: 3
Qty: 4
15A power (per line). Limited availability. Power can not be guaranteed for high output devices. $200
8' Table. $40
4' Table. $25
Single Folding Chair. $15
Extra Vendor Pass (must be purchased in advance). $5
Community Space is reserved for artists, activists, organizations and non-cannabis vending opportunities. If you are unsure if you qualify for Community Space consideration please contact info@710the6.com. 710the6 reserves the right to refuse or amend Vendor placement prior to confirmation. Vendor acknowledges that failure to adhere to any vending restrictions will be ejected from the event and/or fined at the Organizers discretion.
710the6 TERMS AND CONDITIONS
710the6 (REFERRED TO HEREIN AS “The Organizer”) RESERVES ABSOLUTE DISCRETION TO GRANT OR REFUSE ANY REQUEST FROM INDIVIDUALS OR COMPANIES WISHING TO EXHIBIT OR VEND IN THE MARKETPLACE OR TO SPONSOR THE EVENT.

PAYMENT DUE

APPLICABLE DEPOSIT MUST ACCOMPANY THIS APPLICATION. Balance due and payable June 30 2017. If balance is not received by the deadline, the Vendor waives all rights to the space contracted and The Organizer will not guarantee space at the requested location specified in the contract. Full payment is compulsory in advance of festival date.

ACCEPTABILITY OF EXHIBITS

All exhibits shall be operated in a way that will not detract from other exhibits, vendors or from the show as a whole. The Organizer has the complete discretion to determine the acceptability of persons, things, conduct, and/or printed matters and reserves the right to require the immediate withdrawal of any exhibit or person which is believed to be injurious to the purpose of the show. In the event of such restriction or eviction, The Organizer is not liable for any refund of exhibit fees, or any other exhibit related expense.

CANCELLATION POLICY

All deposits are non-refundable. Booth space must be cancelled in writing. Cancellation received 30 days or more prior to the first show day – 50% of booth payments will be refunded. Cancellation received within 29 days of the first show day, or the Vendor fails to occupy booth space without notice, 0% of booth payments will be refunded and the Vendor will be liable for any unpaid balance of the contract.

CANCELLATION AND RESCHEDULING

The Organizer reserves the right to cancel, reschedule, and relocate the Event at its discretion at any time. In the event of cancellation, rescheduling, or relocation, The Organizer shall not be liable for any expenses, costs, or damages incurred by the Vendor.

FOOD AND BEVERAGE

The sale, sampling or providing of food and beverages is not permitted at the Event, unless expressly permitted by The Organizer in writing. No Alcohol may be sold during the Event.
USE OF SPACE

The Organizer agrees to provide a standard display booth as selected by the Vendor. Carpet, furnishings, décor etc. are the sole responsibility of the Vendor. Vendors will be responsible for the set-up of their own exhibit. The Vendor agrees to confine its activities to the assigned booth space. Displays must not protrude beyond the measured booth dimensions or obstruct a clear view of the neighbouring booths. Please advise at time of application if display exceeds 8 ft. in height. The Vendor may not affix anything to any surface or structure in a way that could destroy, damage or permanently alter the property. The total cost of any fines or repairs due to non-adherence shall be paid by the Vendor to The Organizer. The Organizer reserves the right to restrict the use of glaring or irregular lighting.



ASSIGNMENT OF EXHIBIT SPACE

Exhibit space will be allocated by The Organizer upon receiving full payment from the Vendor. The Organizer reserves the right to relocate exhibits which may be affected by a change in the floor plan, or in the interests of optimum traffic control and exhibit exposure. The Organizer will not be held liable if competitive Vendors are adjacent to or opposite each other, but, if possible, efforts will be made to allocate space on a basis fair to all Vendors.

SET-UP & CARE OF SPACE

All Vendors must be set up within the time schedule, which will be provided in writing by The Organizer. No major changes to displays are permitted during public show hours. The Organizer shall have the right to open any booth where a Vendor is absent during show hours. The Organizer will not be responsible to a Vendor for any loss or damage caused as a result of the booth being opened and unattended during show hours. The exhibit must be attended during all show hours by at least one representative of the Vendor. It is the Vendor’s responsibility to keep its area clean and orderly throughout the show and to ensure it is ready for opening at the time the show opens each day.

DISMANTLING AND REMOVAL

No Vendor shall dismantle or remove any part of its display before the time scheduled by The Organizer. Any material remaining after the cut off time may be removed by The Organizer at the Vendor’s expense.

CHARACTER AND CONDUCT

All displays and promotional literature must be in good taste. The product or service must be presented in a professional manner and no carnival or side show sales tactics will be permitted. Raffles and giveaways may be conducted but only with the prior written approval of The Organizer and subject to the restrictions contains herein. If in the opinion of The Organizer an Vendor or its servant or agents conduct themselves in an objectionable manner, The Organizer reserves the right to expel them from the show. In such circumstances, The Organizer will not be liable for any damage or loss to the Vendor or the person expelled, nor will there be any refund of Vendor fees.

NOISE AND MACHINERY

The Organizer shall have the right to stop the display, demonstration of, or the running of an engine or machine which is causing vibration, noise, smoke, smell or any other nuisance. The Vendor shall at the request of The Organizer limit or stop the use of loud-speakers, microphones, amplifiers, musical instruments, gramophones, radios, film equipment or anything deemed a nuisance. The Vendor shall not have on its stand or exhibit or display at the show any goods of an explosive, inflammable, obscene or noxious nature. The Organizer reserves the right to refuse or terminate the exhibit or sale of any article which they may in their discretion deem unsuitable or objectionable or deceptive to attendees.

GENERAL SHOW AREA

All lobbies, corridors, aisles, restrooms, food and beverage concessions, and special assembly rooms will be considered as general show areas to be used for the movement and flow of the public and/or for their entertainment and convenience. No Vendor will be permitted to use these areas for the display or distribution of products, services or their attendant literature.

ADVERTISING

The Vendor may use the name of the show to promote only its participation at the show and any such promotion must be in accordance with applicable law. It cannot be used in any way that is perceived as an endorsement by The Organizer of the Vendor’s company, product and/or service. The Vendor acknowledges that damages are not a sufficient remedy and consents to a court injunction to prevent any unauthorized use of any trademarks or trade names in use by or the property of The Organizer. The Vendor grants The Organizer the right to use the name of the Vendor as a part of its advertising for the limited purpose of communicating that the Vendor is displaying its products or services at the show.

DRAWS, PROMOTIONAL GIVEAWAYS AND MAILING LISTS

All Vendor draws and promotional giveaways must be done so in compliance with applicable laws and approved by The Organizer prior to the show, but such approval shall not be construed to mean that The Organizer deems the draw or giveaway to be legally compliant. All Vendor draws and promotional giveaways must be free and clear of any financial obligation on the part of the winner and must be in compliance with all applicable law. The Vendor is solely responsible to ensure that its promotional activities are in compliance with all applicable law. All contest terms and conditions, and list of prizes available and their value must be clearly posted. The Organizer reserves the right to cease any promotional activities that do not meet with the above criteria. Mailing lists compiled by the Vendor at the show may not be sold or otherwise distributed and are for the exclusive use of the Vendor, unless otherwise consented to by participating individuals.

SECURITY, SAFETY, FIRE AND HEALTH

The Vendor will assume all responsibility for compliance with local, city and provincial safety, fire and health ordinances regarding installation and the operation of its exhibit. Vendor shall be properly insured for same. Security will be provided by The Organizer on a 24 hour basis throughout move- in, show and take-down hours. Except during show hours and where possible, doors will be locked and guards will be on the premises. Limited access will be provided at other times only to bona fide Vendors and their authorized representatives. Such admittance will be by credentials only.

ORGANIZER’S LIABILITY AND VENDOR’S INSURANCE

The Organizer shall not under any circumstances whatsoever be liable or responsible for
(a) any loss, damage, theft or destruction whatsoever or howsoever caused to any goods, equipment or any other property belonging to the Vendor or for which the Vendor is responsible
(b) any damage or injury suffered by the Vendor or his servants or agents or by any other person
(c) any loss, damage, injury, or cost whatsoever suffered by the Vendor by reason of any change in the date, time or place of Vendor or the abandonment thereof
(d) any difference between estimated and actual number of persons attending the Event or any portion of the Event.
The Vendor shall be liable for and will indemnify and hold harmless The Organizer and its parent, affiliates and related companies and their respective directors, officers, employees and agents from any and all liability, causes of action, claims, demands or proceedings whatsoever, whether by common law or statute, arising out of or in any way related to the Vendor’s participation at the show and/or Vendor’s products and/or services. Vendor agrees to provide The Organizer with a certificate of insurance for a minimum of $1,000,000.00 General Liability Coverage inclusive of bodily injury and/or property damage for each occurrence. Vendor may choose to obtain such insurance through the Organizer.
If The Organizer should be prevented from holding the show by any cause beyond its control or if it cannot permit the Vendor to occupy its rented space due to circumstances beyond its control including, but not limited to, strike, fire, civil disobedience, inclement weather, lockouts, legal or labor dispute, acts of God, and suppliers, The Organizer shall have no further obligation or liability to the Vendor. Any contractual agreements made between the Vendor and any supplier shall be between those parties and The Organizer shall not be a party thereto nor incur any liability on behalf of any one in such contractual arrangements. The Vendor shall at its own expense employ the officially appointed contractors as stated in the show brochure for all electrical work. The Vendor shall not interfere with any of the services carried out in respect of the show premises.

PHOTOGRAPHY & FILMING

Professional photographs, audio, and video will be captured during the show. The Vendor hereby grants The Organizer and its representatives permission to photograph and/or record them at the show, and distribute (both now and in the future) the Vendors' image or voice in photographs, videotapes, electronic reproductions, and audiotapes of such events and activities, without any further notice to the Vendor.

GENERAL

The Vendor must comply with all applicable laws, rules, regulations and by-laws.
All matters and questions not covered by these Terms and Conditions are subject to the discretion of The Organizer. In addition, The Organizer shall have full discretion in the interpretation and enforcement of all terms and conditions contained herein and the authority to make such amendments thereto and such further rules and regulations governing the conduct of the participation in the show as it shall consider necessary for the proper presentation of the show. Vendor agrees to abide by all decisions of The Organizer and further agrees to cease any activity that the The Organizer deems to be a violation of the terms and conditions and to follow the directive of The Organizer. This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any court of competent jurisdiction within the Province of Ontario will be the exclusive jurisdiction and venue for any disputes arising out or relating to this Agreement.
IN WITNESS WHEREOF,
the parties have executed this Agreement on the date written below. Digital signatures are agreed to be acceptable to both parties.
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