Vendor Contract for the Medieval German Festival

Phoenix Swords Presents:

Medieval German Festival

In cooperation with the Ye Olde Commons

Charlton, MA

August 20 - 21s, 2011

Vendor Information Application/contract Sheet

1) Verify at the bottom of this list that you understand all the terms and agreements. A signed form acknowledges that you have read this and agree to adhere to our requests.

2. DATES & TIMES The event will be held on

August 20-21, 2011 12:00pm -6:00 pm (We ask that booths, set and vehicles are off-site by 10:30 am)

3. LOCATION -The Event will be held at Ye Olde Commons 120 Northside Rd,Charlton, MA 01507

4. THEME -The theme for this event is rural Medieval Germany-a day at the fair/martial contest event. If you stay within a European 16th to 17th Century styles, you should blend in well. If you stick to the basic outlines in this contract both you and your booth should meet our requirements.

5. RENTED SPACE - The Event will rent a basic space equivalent to an area up to 15’ x 15’ in size; however the exact shape of the space will be determined by the actual location of the space assigned. This space is the participant's sole sales area. No mobile sales may be set up without written permission from the event. Participant shall not assign or sublet space, share space with another Participant without the prior written consent of the event. No Participant is to change location without prior approval of the Event.

6. FEES -Participant shall pay one of the following booth fees. Booth fees are for the duration of the Event. Checks must be received at the event office as indicated on the final page of this agreement by the date indicated.

Standard l ots are 10' X 12' with the following prices: (note site size is negotiable)
If purchased by July 19th -75.00 for two days

7. VENDORS MERCHANDISE - The Participant shall use the rented space for the purpose of selling only those items that have been approved by the Vendor contact. Any changes must be approved in writing by the Event. The Participant shall sell items continuously during the Event hours. Participants will be allowed to utilize their booth(s) only for the purpose applied in the application. Only sponsor-approved beverages will be served.

8. PARTICIPANTS COSTUMING AND BOOTH CONSTRUCTION -

Participant shall be responsible for creating his/her own costume attire and booth theme, which MUST ATTEMPT to comply with the Event's theme. All Participants will comply with the instructions given herein regarding decorations.

Booths must also comply with government rules and regulations regarding health, fire and safety.

9. SIGNAGE -All signs must try to follow the theme of the Event. Signs ideally should be made of wood or cloth and painted with colors suitable with the event theme.

10. AMPLIFIED MUSIC - Tape-recorded or amplified music will not be allowed by anyone other than a vendor selling authentic music during faire hours without prior permission. Vendors selling authentic music must have speakers covered and out of sight. NO RADIOS! Exceptions with prior approval will be entertainers & music source must be hidden.

11. SET-UP - Participants will be allowed to begin setting up their areas On Friday August 19th at 4:00 pm. Earlier arrival may be permitted with approval of the event coordinator. (We are working on this and will keep you updated)

PARTICIPANTS MUST CHECK IN AT GATE PRIOR TO SETTING UP THEIR AREA.

Participant may unload their vehicles at their encampment quickly and then move their vehicle to special vendor parking.

Driving on the grass, or off of the roads at the event is not allowed without prior approval. ALL VEHICLES NOT OFF SITE OR PARKED IN UNAUTHORIZED AREAS ARE SUBJECT TO TOW AT THE OWNERS EXPENSE. The Vendor Coordinator will review all booths after set-up.

12. BREAKDOWN -Participants may not breakdown their booths before the closing of the Event. Vehicles will not be allowed on site until all visitors have left the site and Security feels it safe to bring vehicles on site. Participants will comply with instructions regarding parking and drive on from EVENT SECURITY. NO EXCEPTIONS! Any materials left on site will become the property of the Event. All vendors must be off-site by 8:00 pm Sunday the 20st.

13. VEHICLES AND PARKING - All vehicles must be parked in assigned parking lots and not on roadways. ANY VEHICLES PARKED IN UNAUTHORIZED AREAS ARE SUBJECT TO TOW AT THE OWNERS EXPENSE.

14. SITE ENTRY -Vendor booths will be issued four (4) gate passes. Roving Vendors will be issued two (2) passes. Additional passes may be requested. Participants must show their passes upon request of Event Security. All vendors must pick up passes on entry to the grounds before setup. Gate lists must be received in writing no less that 10 days prior to the event. Persons not on the gate list will be required to purchase a ticket to enter the site, NO EXCEPTIONS.

15. GARBAGE - Participants are responsible for disposing of their own trash. Please place a trash container within your booth for this purpose. Dispose of trash in your site at the end of the event. As we are the only people using the outdoor area of this site at this time, PLEASE treat it with the respect it is due. CLEAN UP YOUR OWN MESS AND LEAVE THE SITE AS YOU FOUND IT.

16. PERSONAL CONDUCT all vendors, guild members, participants and staff will conduct themselves with proper decorum during Faire hours and any time they are in the presence of the general public. Any instances of verbal abuse, regardless of provocation, of the general public will result in the immediate removal of the offending party from the Faire site. Any instances of abuse of a participant by the general public should be immediately reported to the Event Coordinator, for appropriate action.

17. INDEMNITY AGREEMENT -Participants shall indemnify and hold the Event harmless from any and all claims, debts, and/or liabilities arising by contract, tort, or otherwise out of operations of the booth(s) and shall defend any

lawsuits brought against the Event by any third party of any nature of form whatsoever as a result of the Participant's operation. The Applicant agrees to hold the Event harmless from all claims for damage or loss arising out of

or connected with, in any way whatsoever, the Participants use of connection therewith.

18. EVENT AND GOVERNMENT REQUIREMENTS -Participant shall operate booth(s) in complete compliance with all rules & regulations and directives of the Event. Failure to follow such will be deemed to give authority to the Event to close the Participant’s booth(s) and to bar the Participant and or his/ her employees from the Event site. The Event management shall be the sole determiner of such failure.

Each Participant is responsible for all necessary and appropriate City, County, State and/or Federal license taxes or health permits, if any. Participant as an independent contractor, is solely responsible for all necessary Workman's Compensation insurance as regards his/her own employees, helpers, etc. Participant shall be responsible for keeping satisfactory records of all transactions and shall pay Massachusetts State Sales Tax attributed thereto. If any booth(s) are forced to shut down, due to lack of required licenses or permits, this notice serves as a caution that the Event is not liable for such licenses and or permits and will not refund fees and deposits in such instances. The Event reserves the right to remove any Participant and close their respective booth(s) if proper conduct is not followed. This includes, but is not limited to rudeness, public intoxication, illegal substances, selling works not authorized, security violations, obstructing traffic, etc.

19. FOOD BOOTHS

Need to contact the appropriate County and State Health Departments to determine what, if any, specific requirements they may have.

20. ATTENDANCE - Participant agrees by the signing of this contract to be present at all times the Event is in operation. To assure a consistency in the breakdown and cleaning process on Sunday evening, all booths shall remain

open until the Event closes at 6:00 pm Sunday, August 21st, 2011

21. USE OF PARTICIPANT NAME OR PHOTOGRAPH - Participant consents to the use of his/her name, picture image, recorded voice or music and those of his/her employees and agents by the Event, it’s assignments and it's licenses, in connection with Events and without inspection, for such purposes of commercial or promotional usages.

22.WEAPONS POLICY:

1.) All weapons not in use by festival performers must be sheathed and peace tied or stored. Weapons will be checked at the gate and suitable material provided for tying untied weapons. Any one carrying unsheathed weapons will be asked to return them to their car and will be escorted to their car by security.

2.) Age confirmation is required on all weapon sales. No edged weapons may be sold to minors with out explicit permission of the minor's parent or guardian, preferably in writing. Any vendor found to be violating this policy will be removed from the faire site and all vendors fees will be forfeit, no exceptions.

3.) All weapons sold must be sold with a sheath and peace tied prior to leaving the vendor's booth, or immediately removed from the Faire site. Security will provide escort for patrons wishing to return unsheathed weapons to their cars. Vendors, at their discretion may hold weapons for patrons until the patron is ready to leave the Faire site.

23. CAMPING - Camping is available on-site please let us know if you would like to stay on-site and we will send out the site items available.

24. CANCELLATION -Should the Participant, for any reason, cancel his/her participation LESS than 10 (ten) days prior to the Event, there will be no refund of prepaid fees. ALL CANCELLATIONS MUST BE SUBMITTED IN WRITING OR IN EMAIL AND RECEIVED NO LATER THAN 12:00 pm August 11, 2011.

25. SEVERABILITY -Each and every covenant and agreement contained in this contract shall be for all purposes constructed to be a separate and independent covenant and agreement, and the breach of any covenant or agreement herein by the Event shall in no way or manner discharge or relieve the Participant from the Participant’s obligation to perform each day and by every covenant and agreement herein. If any term or provision of this contract, or the application thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the remainder of this contract shall not be affected thereby and the term and provision of this contract shall be valid and shall be enforceable to the fullest extent permitted by law.

26. DISCLAIMER -The Event shall not be responsible in any manner or form whatsoever for failure of the Event to be open or be operable for any reason or cause whatsoever; it being the intent of the parties that all risks of operation or lack of operation of the Event shall be borne entirely by the Participant and negotiations, if any by the Event shall be at the direction of the Event and further that any demands, torts, or causes of action shall be submitted to a mutually agreed on arbitrator for negotiation and settlement. The Event will provide security of site; however, the Event shall have NO liability of theft or damage to merchandise or displays of any Participant or other persons entering the event grounds with or without the consent of the Event. Nothing in this contract will be deemed to waive in a limited or full capacity the tribal sovereign immunity from suit.

27. VALIDITY -This contract will be received, signed by the Participant and accompanied by a check or money order for the appropriate fees. This contract will become valid upon being signed by authorized personnel of the Event.

28. ANIMALS – Pets are subject to approval. (We will have live animal acts)

29.DEADLINE -All applications SHOULD be returned and received no later than August 15th 2011. If you fail to provide all the requested information or materials, return this contract unsigned, this will delay your acceptance and possibly result in your being denied acceptance. To be assured a premium space, return your fees and contracts early. SPACES ARE LAID OUT ON A FIRST COME, FIRST SERVED BASIS. ALL REQUESTS WILL BE GIVEN PRIORITY SUBJECT TO SPACE AND DESIGN LIMITATIONS.

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Description of Items to be sold:

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Description of Costumes and Booth:

______

______

______

______

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Space requirements, number of sides, special considerations or needs:

______

______

______

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Please sign below where indicated and initial all pages and return to the

address below. An accepted copy will be returned to you upon approval.

______

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Participant Signature

ACCEPTANCE

______Date______

Medieval German Festival

Please mail these completed forms and their requested information to:

Phoenix Swords

Holly Hunt
465 Boston Turnpike H-5

Shrewsbury, MA

01545

E-mail

MAKE CHECKS OR MONEY ORDERS PAYABLE TO:

Phoenix Swords

AMOUNT ENCLOSED

Booth fee (Size: Single _____ Double______)

$______

Total amount enclosed

$

______

ALL VENDORS MUST CHECK IN PRIOR TO BEGINNING SET-UP

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Medieval German faire

VENDOR CHECKLIST

VENDOR REQUIREMENTS

Vendor name: ______

Address: ______

Phone Number where you can be reached during the two weeks prior to Faire::______

e-mail address:______

Booth Size:______

Do you require:

Water? Power? (power may not be available)

Do you sell Weapons?

______

Do you acknowledge the Peace Tie Policy as well as the

balance of the weapons policy?

______

Do you have Insurance?

Carrier

Policy

Number

Do you have a permit from the Health Department (if required)?

(Please provide a copy with the application)

Permit Number

GATE LIST

1

2

3

4

5

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Faire use Only

Space Assigned

Booth Fee

Vendor contact confirmation______