Vendor Application

1. Eligibility
a) The Eastman Raiders Football Club (“The Club”) has the sole right to determine the eligibility or termination of any Vendor or product for inclusion during Raiders Day (“The Event”) within Raiders Field (“The Field”).

2. Allotment of Table Space
a) Space assignments will be made by The Club. The Club reserves the right to make such changes in exhibit space and location assigned in its sole discretion in the best interests of the Event, and in order to best serve the Vendors as a whole.
b) It is understood that the fee entitles the Vendor to the use of the designated space only and power where applicable. Tables, chairs, tent(s), signage, etc. are the sole responsibility of the Vendor and are not included in the fee.
c) Locations with electrical outlets are limited and will be awarded on a first come, first come basis. Please confirm requirements in writing ASAP. Extension cords will not be provided. Generators are not permitted unless specifically approved in writing by The Club prior to The Event.
d) Non-Profit and charitable organizations are required to pay upfront and will have fee reimbursed after The Event.

3. Conditions to Set-Up Table Space
a) Vendors must check in and complete set-up between 8:00am and 9:00am on the publicized day of The Event. Any Vendor not checked in during this time shall forfeit their table and their table fee.
b) Vendors must be clear of The Field one (1) hour after the final game has finished.
c) If a Vendor fails to install product on the table space within the time limit set, or fails to pay the table fee by the deadline specified, or fails to comply with any other provision concerning the use of The Space, The Club will have the right to take possession of The Space for such purposes as it sees fit and the Vendor will be held liable for the full fee of The Space.
d) Vendor acknowledges that failure to appear at The Event does not release the vendor from responsibility for payment of the full cost of the table. Vendor further acknowledges that if Vendor is overdue on payment, whether or not related to The Event, The Club shall have the right to restrict Vendor from setting up, without any refund obligation, until the overdue amounts are paid.
e) Vendor must remove all trash at the end of The Event and Vendor agrees to maintain an orderly table during The Event. A cleaning fee will be assessed to the Vendor if trash is not disposed of. Additional fees for damage may apply.

4. Limitation of Liability
a) All property of the Vendor is understood to remain under the Vendor’s control, in transit to or from The Field, subject to the rules and regulations of this Agreement. All merchandise shown or displayed by the Vendor shall be the sole responsibility of the Vendor. Under no circumstances shall The Club be responsible for any loss or damage to the merchandise or any other property of any Vendor.
b) The Vendor agrees to make no claim for any reason whatsoever against The Club or service contractors for loss, theft, damage or destruction of goods, for any damage of any nature, for any action of any nature of The Club and for failure to hold The Event.

5. Set-up, Storage and Operation
a) Vehicles will be permitted into The Field for the purposes of load in and load out only. Vehicles are to be parked in the parking facilities within A.D. Penner Park.
b) Vendor tables are to remain open and staffed at all times from 30 minutes prior to the start of the first game of the day until 15 minutes after the conclusion of the final game of the day.
c) Vendors are required to store all packing crates or boxes with the confines of the table space or outside The Field.
d) Vendor assumes all responsibility for compliance with all event rules and ordinances, regulations and codes of local, state and federal government concerning fire, safety and health and business licenses(s)/and permits needed to sell at The Event, as well as with the rules and regulations of operators and owners of the property and facility in which The Event is held.
e) Nothing (tables, chairs, signs, displays, products, etc.) may extend outside the confines of the table. Vendor merchandise, products and services, including restocking supplies must fit within the designated space.
f) Vendors not complying with rules, ordinances, regulations or codes shall be required to dismantle its table and shall vacate the premises forthwith. In such event, no refund will be provided to the Vendor and The Club shall not be responsible for any damages, costs or losses suffered by the Vendor.
g) Table display height must not exceed 4 feet and must conform to the published rules and regulation of The Field.
h) Smoking is not permitted within The Field.
i) The consumption of alcoholic beverages is not permitted within The Field.
j) The consumption of recreational drugs, legal or otherwise, is not permitted within The Field.
k) Animals must be under control at all times.
l) Amplifiers and sound generating equipment are not permitted.
m) All demonstrations, sales, activities, distribution of sales materials, etc. must be confined to the limits of the Vendor table. Vendors may canvass only from inside their designated space. Canvassing from outside of the designated space is not permissible and Vendors shall be liable for immediate closure, removal from the Event and loss of all submitted monies.
n) Space sharing is not permitted, and all products must be wholly owned or represented by the Vendor renting the table space. Any subletting, sharing or promoting of products by Vendors that does not officially represent exhibit space is not permitted.
o) Vendor merchandise, products and services, including restocking supplies must fit within the allocated space provided.
p) All vendors are responsible for maintaining a safe environment and must comply with the provisions of all Federal, Provincial, and Municipal rules, regulations and policies.

6. Revenue
a) Revenue from the Vendor’s merchandise sales at The Event belongs solely to the Vendor.

7. Taxes
a) The Vendor agrees that they have sole responsibility for the payment of any federal or provincial taxes arising from the monies paid by patrons of The Event to the Vendors related to the sale of their merchandise.

8. Sales
a) The Club does not guarantee foot traffic, sales or audience size.

9. Products
a) It is the sole responsibility of the Vendor to obtain any and all permits (including sales permits) required by the City and/or Province of The Event location.
b) All products and services offered for sale by the Vendor must be identified as accurately as possible.
c) No merchandise shall be sold, distributed or displayed that may be construed as unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane or any other material that could give rise to any civil or criminal liability under the law.
d) The Vendor shall make, in writing, an application for the sale of Vendor lottery/draw tickets 15 business days prior to The Event and must have written approval from The Club before sales can commence.

10. Signage
a) Table signage must remain within the confines of the table. Signs involving neon or similar gasses are prohibited.

11. Exclusivity
a) Vendor participation and product sales at The Event are non-exclusive.

12. Care of Premises
a) Vendor is liable for any damage caused to The Field including the field, buildings, or other property. Application of labels, tape, paint, adhesives or other coatings to The Field property is strictly prohibited. Vendor agrees to pay promptly for any and all damage to The Field or its equipment incurred through carelessness or otherwise, caused by the Vendor, its employees, agents, contractors, invitees or representatives.

13. Release
a) The Vendor releases and forever discharges The Club, its agents, officers, and affiliates from any and all manner or actions, liabilities, suits or claims, including attorney’s fees, which may arise out of or relate to the use or occupancy of table space or service provided to Vendor under this contract.
b) The Vendor recognizes, acknowledges, and assumes full risk of any injury, property damage or loss, which he/she may sustain as a result of his/her participation in any and all activities connected with or associated with The Event.
c) The Vendor waives and relinquish all claims he/she may have or may in the future have against The Club, and he/she releases from all liability The Club, and any of their directors, officers, employees, members, servants, agents, volunteers, contractors, suppliers, sponsors, representatives, (“The "Personnel") for any personal injury, death, property damage claims arising from the Vendors participation in The Event, whether it arises from facilities, activities, other loss that the Vendor sustain as a result of their participation in The Event, from to any cause whatsoever, on the part of any one or more of The Club, The Personnel or others, including but not limited to: negligence (the meaning of which includes failure to use such care as a reasonably prudent and careful person would use under similar circumstances);breach of any other duty imposed by law, breach of any contract; and mistakes or errors in judgment of any kind.
d) It is expressly understood by Vendor that neither The Club, nor its employees, agents or representatives shall be liable for damage or injury to the Vendor, including any employees, agents, representatives or guests, whether to person, business or property, as a result of theft, fire, accident or any other cause whatsoever.
e) Vendor acknowledges that The Club does not maintain insurance covering damage, destruction or loss of Vendor property.

14. Force Majeure
a) If Vendor participation in The Event is prevented, rendered impossible or unfeasible by any act of regulation of public authority or bureau, civil tumult, strike, epidemic, war conditions, any “Act of God”, emergencies or any other cause beyond the control of the Vendor or The Club, it is understood and agreed that there shall be no claim for damages by either party to this contract.

15. Weather Conditions
a) Vendors are reminded that the organizers of The Event are not responsible for the weather conditions on the day of the event. The Event will proceed irrespective of the weather, only stopping for lightning storms.

16. Severability
a) If any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or application, and to this end the provisions of this Agreement are declared to be severable.

17. Additional Fees
a) Vendors will be charged an additional amount and are liable if The Club incurs any:
I. Additional cleaning expenses to clean the vendor booth area, and
II. Fines or penalties due to the negligence of the Vendor.

18. Refund and Cancellation Policy
a) The Vendor acknowledges that in the event the Vendor cancels 15 business days or less of the published date of The Event, the Vendor shall forfeit the table fee in entirety.
b) Cancellations prior to 15 business days of the published date of The Event will be subject to a $5.00 cancelation fee.

19. Authority to Execute
a) The representative who is executing this Agreement on behalf of Vendor hereby warrants and represents that he/she has the full power and authority to bind the Vendor on whose behalf he is executing this Agreement and acknowledges that he/she is making this representation and warranty with the understanding that The Club is relying thereon.

20. Violations
a) Vendor acknowledges that a breach of any of the terms and conditions of this Agreement may result in the termination of this Agreement and the preclusion of the Vendor’s participation in The Event and subsequent events held by The Club.
b) In the event this Agreement is terminated as a result of any breach by Vendor, the Vendor shall not be entitled to any refund but shall forfeit all amounts previously paid as liquidated damages.