FOOTHILL SWAP MEET

POLICIES AND RULES

EFFECTIVE FEBRUARY 17, 2011

Issued to:______

FOOTHILLSWAP MEET OPERATIONS

POLICIES & RULES

The following policies and rules (“Policies and Rules”) govern Foothill Swap Meet (“Swap Meet”) located at 1000 West Foothill Boulevard, Glendora, California (the “Site”) operated by NationwideTheatres Corp. dba Foothill Swap Meet (the “Swap Meet Manager”) or any of its affiliated entities or subsidiaries.

INTRODUCTION

These Policies and Rules govern the conduct of each vendor/seller (“Seller”), and each Seller’s assistants, employees, associates, agents and contractors on the Site, including without limitation, the interior sales areas, parking lots, walkways, ticket lines, entrance gates and other exterior areas.

The purchase of a ticket, reservation or permit to sell constitutes an agreement by each Seller to comply with all the Policies and Rules of the Swap Meet and all applicable local, state, and federal statutes, ordinances, rules, regulations and laws. Swap Meet Manager reserves the right to revoke tickets or permits to sell at any time, and to remove from the Site, with refund of any unused fee, any Seller who violates these Policies and Rules.

The Swap Meet Manager reserves the right to amend or add to these Policies and Rules at any time and from time to time in its sole discretion, by written notice to Seller that is either delivered to Seller or posted at the Site. Each Seller has a continuing obligation each day the Swap Meet is open to review all notices posted at the Site by Swap Meet Manager, and each Seller is obligated to comply fully with all amendments and changes to these Policies and Rules. Swap Meet Managershall not be required or obligated, and does not agree, to provide individual notice of any amendment or addition to these Policies and Rules.

Swap Meet Managerreserves the right to withhold consent, with or without cause, in its sole discretion, to any request made by Seller pursuant to these Policies and Rules.

Any Seller who has any questions or problems should contact the On-Site Manager.

GENERAL POLICIES

Only the Seller who has purchased a license from the Swap Meet Manager to sell from a space and such Seller’s designated assistants and employees may use the sales space paid for by such Seller. Advanced reserved spaces can only be purchased at the Site Reservation Office. Non-reserve/no-show/gate sale spaces may be purchased at the entrance Box Office* or the Reservation Office* (*Check with the Box Office or Reservation Office for the correct location). Purchasing, borrowing, acquiring or using spaces fromanother Seller is strictly prohibited.

Each Seller who sells merchandise must have a valid California ResaleNumber from the State Board of Equalization (Seller’s Permit) with the Site’s address (except in the case

of Sellers of services who do not also sell merchandise); provided, however,that any Seller may sell garage sale items twice each year without a Seller’sPermitto the extent allowed by applicable law.

  1. Unless otherwise posted, the Swap Meet closes to the public at 3:00 p.m.* and Sellers must be off the Site by 5:00 p.m.* (*Times may vary. Check with the Reservation Office for Exact time). Any Seller who fails to vacate the Site by 5:00 p.m. shall pay a late departure charge of $40.00 per incident. Such payment shall be in addition to all other remedies available to Swap Meet Manager.
  1. All unused or discarded items must be taken off the sales space and may not be dumped in any Site trash receptacle. Any Seller who leaves trash in or on his or her space shall be charged a clean-up fee of $40.00 for each offense.
  1. Sellers shall limit their sales activities to the confines of their spaces (behind the lines).
  1. Each Seller is responsible for the actions of (and any damage to the Site or other Sellers caused by) his or her assistants, employees, associates, helpers, agents, contractors, relatives and children.
  1. Electricity, if available, may only be used by those spaces designated by the Swap Meet Manager, and only if heavy duty UL approved cords are used. Cords must be safety routed and may not lie on the ground across any aisle way. A charge for electricity use shall be collected by the Swap Meet Manager.
  1. Each corner support used to erect a canopy above a Seller’s space must be weighted in a safe manner and firmly attached to the support as well as either securely tied to the back of the Seller’s vehicle (if possible) or tied to extra weight. (BUNGIE CORDS MAY NEVER BE ATTACHED TO WEIGHTS).
  1. All displays must be safely constructed so as not to constitute a hazard or nuisance to the public.
  1. All Sellers must park their vehicles within the parking area in their space (if space is provided). Only one vehicle per space is allowed.
  1. No pets are permitted at the Site, except State approved service dogs.
  1. No public address (P.A.), voice amplification or directional devices may be used that, in the sole discretion of the Swap Meet Manager, are deemed to be excessively loud or intrusive.
  1. Each Seller’s space receipt must be available at all times for inspection by Swap Meet Manager.
  1. The speed limit on the Site is 5 mph. Driving in the interior sales area is not permitted between 6:00 a.m.* and 12:00 p.m.* (*Times may vary. Check with the Reservation Office for Exact time)
  1. Soliciting donations from patrons, Sellers, or employees by non-profit organizations is not permitted.
  1. Free speech activities, including distribution of fliers, collecting signatures for petitions, or any forms of advertising, may be conducted only on numbered swap meet spaces for which a license has been purchased at the regular space fee. Auctioneering is not permitted.
  1. Sellers are temporary licensees of the Swap Meet and are not owners, tenants or subtenants. No Seller has any right, title or interest in or to the Site or the Swap Meet other than as a temporary licensee whose license may be terminated at any time by the Swap Meet Management in its sole and absolute discretion, with or without cause. Space sizes and prices are subject to change without notice. In the event Swap Meet operations at the Site are terminated, reduced in size or scope, closed, enjoined, prohibited, sold or relocated to another site, regardless of cause, Swap Meet Manager shall endeavor to provide Sellers with at least thirty (30) days prior notice thereof, to the extent reasonably possible. Swap Meet Manager shall have no liability if such notice is not given. All rights and licenses of any Seller shall terminate upon the effective date of such termination, reduction in size or scope, closure, injunction, prohibition, sale or relocation.
  1. All identifiable merchandise displayed, sold or exchanged on the Site is subject to listing or referral to Local, County, and State & Federal law enforcement agencies.
  1. There are no refunds or rain checks.
  1. Swap Meet Manager reserves the right in its sole and absolute discretion to evict any Seller that violates these Policies and Rules.

RESERVED SELLERS

  1. Monthly reservations must be renewed for the next month by the last Swap Meet day of the current month. In the sole andabsolute discretion of the Swap Meet Manager, late renewals may be assessed a late fee. Spaces not so renewed will be made available to the general public. Each time a space is renewed, the Seller must present positive identification and a validSeller’s Permit, if applicable.
  1. Any Seller who is and has been in good standing at the Site for one (1) continuous year may place his or her space “on vacation” for up to one (1) month in any 12 month period. For purposes of this provision, “on vacation” means that the space will be used by others, but held for the Seller upon his/her return. The Seller must also leave the space in a clean condition, free of debris and any personal property belonging to the Seller.
  1. Reserved Sellers shall be admitted through the designated Sellers’ entrance only. Non-reserved Sellers shall enter through the designated Box Office. Sellers must check in and enter the Swap Meet field by 8:00 a.m.,* (*Times may vary. Check with the Reservation Office for Exact time)and must have a paid reservation receipt ready to be checked.
  1. Reserved Sellers who have not checked in by 6:30 a.m.* and occupied their space(s) by 8:00 a.m.* (*Times may vary. Check with the Reservation Office for Exact time)shall forfeit all rights and fees to the sales space for the entire day. No refunds of fees shall be made. If possible, a daily license for each such space shall be resold by Swap Meet Manageronly. Any tardy Reserved Seller who still wishes to sell may purchase any available space at the regular space fee.
  1. No Seller may change the type of merchandise sold without prior written approval of the Swap Meet Manager.

MERCHANDISE

  1. The Swap Meet Manager reserves the right in its sole and absolute discretion to prohibit ANY GOOD, ARTICLE, ITEM OR SERVICE from being sold or swapped at the Site. The following is a partial list of goods, articles, items and services that are PROHIBITED AT THE SITE ANDFROM SALE AT THE SWAP MEET:
  • Weapons of any type, including without limitation, firearms, fightingknives, daggers, double edged/brass-knuckle dirks, ninja sticks, etc;
  • Aerosol cans of spray paints; chemical sprays; indelible markers of any kind;
  • Unauthorized food and beverages, including alcoholic beverages and cigarettes
  • Grab bags and games of chance (including lottery tickets and fortune tellers and spiritual advisors); discount coupons; gift certificates;
  • Hashish pipes, roach clips and any kind of drug paraphernalia;
  • Any “Adult” material which could be objectionable to family clientele;
  • Animals, birds, pets, reptiles and any other living thing except plants;
  • Fireworks and “poppers”; prescription and illegal medicines and controlled substances; and contact lenses.
  • New, used or pre-owned designer or famous name brand luxury goods, products or accessories (for example, Coach, Louis Vuitton, Chanel, Prada, Michael Kors, Christian Dior, Gucci, Jimmy Choo, Christian Louboutin, Birkin, Givenchy, Pucci, Celine, Marc Jacobs, Hermes, Fendi and Dolce & Gabbana) including, without limitations, handbags, backpacks, purses, wallets, luggage, belts, jewelry, perfume, scarves, sunglasses, gloves, and shoes.
  • Any counterfeit item or replica of a trademarked item, including, without limitation,counterfeit or copies of CD’s, DVD’s, audio or video cassettes, clothing or any other goods or merchandise.
  • Firearms of any kind (whether real or replica), components for firearms, ammunition and explosives.
  • Automobiles, trucks or motorcycles or any other motor driven vehicle which can be used for transportation (except as permitted above).
  1. Kitchen knives, pocket knives, swords, bayonets, hunting knives, axes, hatchets, and scissors must be displayed under glass in a case.
  2. Sale of pre-recorded audio cassettes, video cassettes, DVD’s or CD’s is prohibited unless Seller has proof of purchase from authorized dealers of such items.
  1. Voice and/or music coming from any space must be of a volume acceptable to Swap Meet Management in its sole and absolute discretion. Excessively loud sound from any space may result in the permanent loss of the space.
  1. The sale of any new, used or pre-owned designer or famous name brand luxury goods, products or accessories (for example, Coach, Louis Vuitton, Chanel, Prada, Michael Kors, Christian Dior, Gucci, Jimmy Choo, Christian Louboutin, Birkin, Givenchy, Pucci, Celine, Marc Jacobs, Hermes, Fendi and Dolce & Gabbana) including, without limitations, handbags, backpacks, purses, wallets, luggage, belts, jewelry, perfume, scarves, sunglasses, gloves, and shoes, will result in the following penalties:

Upon First Violation – A written warning will be issued to the Seller.

Upon Second Violation– Seller’s privileges to sell at the Site will be suspended for 30 days. No refunds for pre-paid fees or amounts will be given.

Upon Final Violation– Permanent suspension of Seller’s selling privileges at the Site. No refunds for pre-paid fees or amounts will be given.

  1. The sale of any counterfeit item or replica of a trademarked item, including, without limitation,counterfeit or copies of CD’s, DVD’s, audio or video cassettes, clothing or any other goods or merchandise, will result in the following penalties:

Upon First Violation – A written warning will be issued to the Seller.

Upon Second Violation– Seller’s privileges to sell at the Site will be suspended for 30 days. No refunds for pre-paid fees or amounts will be given.

Upon Final Violation– Permanent suspension of Seller’s selling privileges at the Site. No refunds for pre-paid fees or amounts will be given.

Swap Meet Manager reserves the right to confiscate from any Seller any counterfeit item or replica of a trademarked item displayed or offered for sale.

FOOD AND MEDICINE

  1. Packaged over-the-counter medicines, bulk foodstuffs in minimum packages of 5 lbs., nuts in sealed packages, and beverages in sealed cases may be sold, provided that ingredient labels are in English and packaging is sealed for consumption off the Site.
  1. Each produce-Seller must (1) obtain a Reserved Space and Swap Meet Manager approval before selling produce, (ii) have valid Health Permit from the County in which the Site is located, and (iii) have properly certified weight scales that comply with City, County, and State Food and Health Department regulations. No cutting, sampling, or preparation of produce is allowed on the Site.
  1. No cheese, eggs, or other dairy products may be sold at the Site.
  1. No food item, candy or beverage (individually packaged and intended for consumption by one person) may be sold without prior written consent from the Swap Meet Manager. Swap Meet Manager, in its sole and absolute discretion, may charge a “Food Consumption Fee” in addition to the regular space fee to Sellers of food items, candy or beverages. Any Seller who attempts to sell such items without the Swap Meet Manager’sprior written consent shall pay a fee of $25.00 for the first attempt, and such additional amounts as Swap Meet Swap Meet may determine in its sole and absolute discretion for any subsequent attempts.

INDEMNIFICATION AND WAIVER

SELLERS DO BUSINESS AT THEIR OWN RISK

The following paragraphs describe each Seller’s obligation to indemnify the Swap Meet Manager and Citrus Community College District(the “Site Owner”) and waive his or her rights to sue the Swap Meet Manager and the Site Owner. You are advised to contact an attorney of your choice to explain the legal consequences of thePolicies and Rules, including the paragraph below.

  1. Each Seller shall indemnify, defend (with counsel acceptable to Swap Meet Manager and Site Owner), reimburse and hold harmless Swap Meet Manager and Site Owner, and their respective members, shareholders, managers, officers, directors, affiliated entities, parents, subsidiaries, employees, agents and contractors (collectively “Owner Parties”), from and against any and all claims, actions, costs, liabilities, lawsuits, penalties, fines, damages, losses and expenses of any kind (including, without limitation, attorneys’ fees and costs of litigation as and when due) arising from or incurred in connection with (i) Seller’soperations at the Site, (ii) Seller’s violation of these Policies and Rules (iii) Seller’s sale or exchange of any merchandise at the Site, (iv) services performed by Seller at the Site, or (v) any other act, omission or use of the Site or conduct by the Sellers and/or his or her personnel, helpers, agents, employees, visitors, guests or representatives.
  1. The Swap Meet Manager disclaims any and all responsibility and liability of every kind or nature for any loss, theft or damage to items of personal or business property (including but not limited to merchandise and vehicles) on the Site, including the parking lots.
  1. In consideration for the license or right to do business at the Site as described herein, to the extent permitted by applicable law, each Seller fully, forever and irrevocably releases the Swap Meet Manager, the Site Owner and all Owner Parties and waives any right to sue or make any claim, and covenants never to institute any action or lawsuit, against the Swap Meet Manager, the Site Owner and all Owner Parties for any losses, claims, actions, costs, liabilities, indemnity, damages or expenses of any kind arising from or incurred in connection with (i) Seller’s operations at the Site, (ii) Seller’s violation of these Policies and Rules, (iii) Seller’s sale or exchange of any merchandise at the Site, (iv) services performed by Seller at the Site, (v) any other act, omission or use of the Site or conduct by the Sellers and/or his or her personnel, helpers, agents, employees, visitors, guests or representatives, (vi) any alleged acts or omissions of the Swap Meet Manager; and (vii) conditions at the Site.

SWAP MEET MANAGER RESERVES THE RIGHT AT ANY TIME AND FROM ANY TIME TO TIME TO AMEND THESE POLICIES AND RULES AS IT DETERMINES IN ITS SOLE AND ABSOLUTE DISCRETION.