WINE & MUSIC FESTIVAL

SATURDAY JULY 20 & 21, 2013

WINERY CONTRACT

Winery Information:

Winery Name: ______

Address: ______

Address: ______

Phone: ______

Cell Phone: ______

Email: ______

Company Website: ______

Contact Person: ______

Organizer Information:

Biglerville Hose and Truck Company #1

111 South Main St.

Po Box 529

Biglerville PA 17307

Attn: April Bowmaster (Chairperson of wine festival)

Phone: 717- 752-5963/ Fax 717-677-0124

Email:

This contract is made between ______, hereinafter referred to as WINERY, and the Biglerville Hose and Truck Company #1 for the 2013 Taste of Apple Country Wine and Music Festival [hereafter collectively known as THE FESTIVAL ORGANIZER(s).

Said event shall take place on Saturday and Sunday July 20 &21, 2013 at the Legion Woods in Biglerville Pennsylvanialocated at 3074 Table Rock Rd. from 11am until 8pm on Saturday and 11am and 6pm on Sunday.

The parties recite and declare that:

  1. Biglerville Hose and Truck Company #1 is Leasing the land at the Legion Woods owned by American Legion Post 262 that will be utilized for use by certain vendors for The festival.
  2. The WINERY desires to sub-lease a portion of said property for his/her personal use-in accordance with the terms, conditions, and regulations, as established by THE FESTIVAL.
  3. In consideration of the mutual covenants contained herein, the parties agree as follows:
  1. RESPONSIBILITIES OF THE FESTIVAL WINERY: ______(initial)
  1. THE FESTIVAL shall provide access ID- participant passes for personnel necessary to staff WINERY’S booth- at a maximum of four (4) per booth.
  2. THE FESTIVAL shall provide a booth site of either 20’x20’ or a 40’x20’ assignment to WINERY.
  3. Location preference will be assigned based on space availability and the date WINERY’s application was received.
  4. Location may be effected by special requirements.
  5. Assigned spaces cannot be changed without the approval of THE FESTIVAL.
  6. THE FESTIVAL shall make available tables and chairs (for a nominal fee).
  7. THE FESTIVAL shall provide black table cloths for front display to maintain uniformity.
  8. THE FESTIVAL shall provide trash disposal.
  9. THE FESTIVAL shall provide water for “wash stations” for each winery.
  10. THE FESTIVAL shall provide ICE- as needed by the winery. (coolers not included).
  11. THE FESTIVAL shall be solely responsible for ticket sales, distribution of tasting glasses, sale of replacement glasses, age verification of patrons and security. THE FESTIVAL shall not be responsible for lost, stolen, or damaged items under any circumstance. THE FESTIVAL is also not responsible for any accidents.
  12. THE FESTIVAL will be responsible for all marketing, advertising, and promotion of event.
  13. THE FESTIVAL will provide a brochure and/ or flyers about the event for each WINERY to post and/or display at WINERY locations and /or Local establishments in your home area.
  1. RESPONSIBILITY OF THE WINERY WINERY: ______(Initial)
  1. The WINERY is required to set up their booth on Saturday, July 20,2013 between the hours of 8am and 10:59 am- unless otherwise arranged with THE FESTIVAL.
  2. The WINERY agrees to use Participant Passes only for personnel necessary to properly staff booth, passes required over the 4 per booth may be purchased at $20 each (pre-sale cost).
  3. The WINERY shall donate TWO (2) BOTTLES of wine to the FESTIVAL for raffle purposes.
  4. The WINERY shall only serve patrons wearing the specific color wrist band approved for patrons over 21 years of age. A special “Designated Driver” wrist bands will be provided for “DD’s”.
  5. The WINERY will not sell or donate space in its booth for advertising and/or promotion to any third party without approval from THE FESTIVAL.
  6. The WINERY agrees to operate in accordance with regulations set forth by the State and Federal Agencies and must be individually permitted to operate by the State of Pennsylvania.
  7. The WINERY is responsible for paying all applicable federal, state, and local taxes. WINERY is required, by law, to obtain and display a valid tax certificate if applicable. A copy of such certificate must be on file with THE FESTIVAL for fines, penalties, etc., assessed to THE FESTIVAL as a result of WINERY’S non-compliance with the Pennsylvania Tax Laws.
  8. The WINERY agrees to pay all fines/penalties levied to WINERY and to reimburse THE FESTIVAL for any fines/penalties levied to THE FESTIVAL as a result of WINERY’S noncompliance with any Federal, PennsylvaniaState, or local law including, but not limited to, DEV, OSHA, FCC, DOL, DOH, and EPA.
  9. The WINERY agrees to clean their own area and put trash in the trash receptacles provided.
  1. JOINT RESPONSIBILITIES/GENERAL INFORMATION/REGULATIONS
  1. Event Date: July 20 & 21st 2013
  2. Event Details: The gates will open for patrons at 11am and stay open until 8pm on Saturday with Local bands and Dj’s playing throughout the day. Times for operation on Sunday are 11am-6pm with a cover band playing during the day. Vendor’s will have until 9pm on Sunday to have area’s cleaned and vacated.
  3. Parking: Vehicles operated by the WINERY must be parked in the appropriate lot as designated by THE FESTIVAL management. This area is in a separate lot for easier access for the WINERY. Two parking passes per WINERY will be mailed after receipt of a signed contract.
  4. Electric: No electrical outlets will be available at the booths.
  5. Rental packages shall be available to each WINERY:
  6. Package #1- Includes a 20’x 20’ space to be open for WINERY display, supplies, and tasting. This package is $125.00.
  7. Package #1a- Includes the 20’x20’ space and ONE (1) eight foot table and two (2) chairs. This package is $150.00.
  8. Package #2- Includes a 40’x20’ space to be open for WINERY display, supplies, and tasting. This package is $200.00.
  9. Package #2a- Includes a 40’x20’ space and two (2) eight foot tables and four (4) chairs. This package is $250.00.
  10. Additional tables and chairs may be available but are not guaranteed.
  11. ALL RENTAL FEES AND PACKAGE SELECTIONS MUST ACCOMPANY SIGNED APPLICATIONS. Make checks payable to: Biglerville Fire and EMS Fundraising
  12. Winery Contracts will be accepted on a fire-come basis. It is the winery’s responsibility to read and understand all regulations and contract provisions as outlined in this document.
  13. THE FESTIVAL is not responsible for accidents, damage, loss, or injury of any kind.
  14. Business activity by the WINERY must be conducted in your reserved/designated area ONLY.
  15. Trading or selling contracted booth space is strictly forbidden.

WINERY agrees that THE FESTIVAL may revoke this contract at any time(for any breach) with NO REFUND OF ANY FEES PAID.

CONFIRMATIONS: Confirmations will be provided by THE FESTIVAL staff via email or mail, immediately upon receipt of WINERY contract.

CANCELLATIONS: The following cancellation Policy shall be in effect during this contract:

  1. Cancellation ofthe rental packages will be accepted until June 15th, 2013 with a 100% refund of the rental fee.
  2. Cancellation ofthe rental packages after June 15th, 2013 shall receive 50% refund of the rental fee.
  3. A no show on the day of the festival will receive NO refund of any rental package fees.
  4. Refunds are not made if inclement weather is experienced. This is a rain or shine event, however, if the weather is determined to be unsafe to be outside, by THE FESTIVAL to continue for that day, then a 50% refund for the Vendor space will be given.
  1. THE FESTIVAL and WINERY shall remain independent contractors, and nothing contained herein or done pursuant hereto shall be construed to create any relationship of principal and agent or employer and employee between THE FESTIVAL and WINERY to make joint ventures.
  2. The WINERY, its affiliated companies, and subsidiaries, agree to be responsible for, and to defend, hold harmless, and indemnify, THE FESTIVAL, including The Biglerville Hose and Truck Company #1 and the Wine Festival committee and their affiliated companies, and their agents, servants, officers, including reasonable attorney’s fees, of liability whether by reason of injury (including death) to the person or property of another or otherwise arising in connection with this Agreement, excepting only claims based upon THE FESTIVAL’S sole negligent or intentional acts.
  3. Tax Rate: Each exhibitor is responsible for collecting PA State Sales Tax on all sales made.

GENERAL RULES:

  1. No prepared Food is be sold in Booth space unless approved by THE FESTIVAL.
  2. Once the WINERY is set up, you CANNOT drive a vehicle in or out of the exhibit area.
  3. Booths must be open during the designated times listed above. Anyone who deviates from this schedule may not be considered for next year’s festival.
  4. NO RAFFLES will be held by any booth.
  5. WINERY may only serve wine in the official glasses provided to patrons.
  6. WINERY may sell winery/wine related items, such as shirts, hats, bottle openers, etc.
  7. Booths must be kept neat, clean, and safe for patrons.
  8. All frontage tables must be covered in black table cloths (which will be provided).
  9. NO PETS ARE ALLOWED ON THE PREMISES.
  10. NO alcoholic beverages other than those purchased at the FESTIVAL are permitted.
  11. Any problems encountered with patrons should be immediately reported to THE FESTIVAL staff.

WINERY:______(Initials)

IN WITNESS WHEROF, the Parties have executed this Contract at the day and year written below

______

WineryDate

______

Festival ChairpersonDate

Please return ENTIRE INITIALED & SIGNED COPY OF CONTRACT TO:

Biglerville Hose & Truck Company #1

111 South Main St.

PO Box 529

Biglerville PA 17307

ATTN: April Bowmaster (Wine Festival Chairperson)