2015 Night It Up! Vendor Contract

Terms and Conditions
Definitions
“The Organizer”: Power Unit Youth Organization
“The Vendor”: ___________________________
“The Event”: Night It Up! Night Market on dates July 24th, 25th and 26th, 2015 on the parking lot grounds of Markham Civic Centre
“The Agreement”: Inclusive of the invoice, terms and conditions, and appendices
“The Booth”: Vendor space that has been purchased and assigned inclusive of a 10ft by 10ft space, one (1) standard tent, one (1) light bulb, one (1) table,
two (2) chairs, and power outlets as purchased.
(1) Assignment of Vendor Space
Power Unit Youth Organization (the Organizer) agrees to provide the Vendor with a 10ft by 10ft space, one (1) standard tent, one (1) parking pass, one
(1) light bulb, one (1) table, two (2) chairs, and _______ power outlets (15 amp circuits) to vendors who have purchased electricity on the days of the
event. The Organizer agrees to reserve booth _______ to the Vendor as shown on the map in Appendix I for the event. Vendor shall not assign, sublet all
or any part of its assigned space to be used by any other business, firm or person.
(2) Payment and Refunds
Booth space rental, liability deposit, and insurance fee must be paid on or before the deadline and remitted with the Agreement. Any returned cheques
shall be subject to a $35 nonsufficient fund (NSF) fee per instance. This additional fee must be paid in full for the Agreement to be in effect. The Vendor
will have up to seven (7) days after the signing of the Agreement to notify the Organizer of cancellation for a full refund of amount paid. There will be no
refund or compensation if the vendor requests for cancellation or fails to show during Night It Up!'s operating hours, and The Booth will be repossessed
by The Organizer. All payments must be made through cash, cheque or PayPal.
(3) Liability Deposit
Liability deposit of $350, less any penalties and fines, will be available for pick up by the Vendor forty-five(45) days after the end of the event.
(4) Hours of Operation
The vendor agrees to be in operation, unless otherwise notice given, during all hours of the event, as follows:
Friday July 24th, 2015
7pm – Midnight
Saturday July 25th, 2015
2pm – Midnight
Sunday July 26th, 2015
2pm – 8pm
Operation of the booth prior to or beyond event hours is strictly prohibited. Failure to comply will result in a fine of $350 (Refer to Appendix II for fines
and penalties). Night It Up! will be operating on all days regardless of weather, riots, acts of god and/or anything relating to the matter.
(5) Load In/Load Out
Load In – Friday July 24 th , 2015: The vendor must comply with all rules related to load in procedures. Details of this information will be provided
to the vendor closer to the event date. Early arrivals will not be accepted and will be directed away from the event. Vehicle unloading time exceeding 20
minutes will be subject to a fine of $50.
End of Day Procedures: Vendor may not leave premise until receipt of completed Vendor Check Out List & signature of an authorized
representative of the Organizer. This verifies the area has been properly cleaned and all waste is properly disposed. Failure to sign out will result in a
$50 fine per instance and failure to leave area clean and waste-free will result in a $50 fine per instance.
Load Out – 8PM Sunday July 26 th , 2015: Vendor agrees to comply with all load out procedures dictated by the Organizer at the Vendor
Orientation prior to the event. Vendor must vacate the Premise within two (2) hours after the end of the event.
(6) Equipment
All Vendor owned equipment will be inspected by the Organizer to ensure that the equipment is in safe and stable condition. If the equipment is deemed
unsafe or unstable, the Organizer reserves the right to disallow the usage of said equipment.
(7) Electricity
The Vendor agrees to not exceed the amount of electricity purchased outlined in (1) Assignment of Vendor Space. Failure to do so will result in a fine of
up to $350. Should the Vendor require additional electricity, the Organizer must receive written notification and payment three (3) weeks prior to the
event date. Overnight electricity is not provided.
(8) Products and Activities
The Vendor can only sell items that are pre-approved by the Organizer prior to the event. A fine of $350 will be imposed on the Vendor if the Vendor fails
to comply.
(9) Vendor Responsibilities
Vendor Orientation: The Vendor agrees to comply with all procedures put forth by the Organizer at the vendor orientation prior to the event.
Further details regarding this orientation will be announced at a later date.
Nuisance to Patrons: The Vendor is prohibited from physical aggressive sales methods. Eg. Megaphone usage by the Vendor is strictly prohibited
at the event. Failure to comply will result in the confiscation of said devices or immediate eviction.
Nuisance to Other Vendors: The Vendor shall not interfere with the operations of neighboring vendors, including smoke and any other
externalities. Should there be any complaints, the Organizer reserves the right to rectify the problem by requiring the Vendor to terminate the action
causing the nuisance or requiring the Vendor to purchase equipment such as tent walls or barricades. The cost of such equipment will be deducted
from the liability deposit. Failure to cooperate will result in a fine of $150.
(10) Damages to Equipment
The Vendor shall not damage any portion of the Booth or equipment provided by the Organizer. The vendor is expected to leave the Booth and its
surrounding grounds in the same condition as it were prior to the event. The cost to the Organizer to repair the Booth or equipment to its original
condition will be deducted from the liability deposit.
(11) Waste Disposal
The Vendor must abide to all rules related to waste (garbage, organics, recycling, grey water and used oil) removal procedures set out at the Vendor
Orientation. Failure to comply to waste removal procedures will result in a $100 fine.
Zero Waste Policy: The Vendor must abide to the Zero Waste Policy enforced by the City of Markham, whereby Styrofoam is strictly prohibited at the
event. Failure to comply will be subject to a $350 fine, and municipal penalties.
Clear Bags for Garbage: The Vendor must use clear bags for garbage disposal. The City of Markham mandates the use of clear bags for garbage.
Dark and/or tinted bags are not accepted at the event.
Oil Disposal and Spillage: The Vendor agrees to dispose of oil in areas set out by The Organizer at the Vendor Orientation. The vendor shall leave
the grounds free of oil and agrees to pay all necessary costs to bring the area back to its original condition.
(12) Health and Safety
Safety of Patrons: The Vendor will take all reasonable measures to ensure the safety of all patrons. The Organizer deems it unsafe if the Vendor’s
heat element is facing the walkway of patrons. If the Vendor's heat element will be facing the walkway, the Vendors must erect barricade(s) as
provided by the Organizer; the cost of the barricade(s) will be included in the booth space rental fee as stated in the contract. If the Organizer deems
that the Vendor’s heat element placement is endangering patron safety at the event, the Organizer reserves the right to erect barricade(s) and the cost
of the barricade(s) will be deducted from the Vendor’s liability deposit.
York Region Public Health: The Vendor agrees to abide by all the applicable special events health standards and requirements set out by the York
Region Public Health Department with regards to preparing, maintaining, and handling food and beverages throughout the duration of the event.
York Region Fire Department: The Vendor agrees to abide by all the applicable fire safety procedures set out by the York Region Fire Department.
The Organizer strictly prohibits all open flame cooking. Failure to comply will terminate this contract. The Organizer will have the right to evict the
Vendor from the event.
(13) Inspection
The Organizer reserves the right to assign any of its agents or external inspection authorities to inspect the Vendor at any time during the event.
(14) Insurance
If the Vendor has an insurance policy with limits of liability of at least $2,000,000, then the Organizer agrees to fully refund the insurance fee thirty (30)
days after the event. The Vendor must provide the insurance by June 30 th , 2015 naming the following as additional insured for the dates of Friday
July 24 th to Sunday July 26 th , 2015:
“City of Markham”, 101 Town Centre Boulevard
“Night It Up! Power Unit Youth Organization”, 74 Frank Rivers Drive
If the Vendor does not present any insurance documentation by June 30 th , 2015, the Vendor will be added as additional insured on the Organizer’s
insurance policy and the insurance fee will not be refunded.
(15) Permits
Food Handler Certificate: The York Region Health Department requires that during the operation hours of the event at least one (1) person within
the Vendor’s assigned vendor space to be certified as a Food Handler.
Propane Handing TSSA Certificate: For vendors using propane, The City of Markham requires the Vendor to provide proof of Propane Handling
TSSA Certification prior to the date of the event. The Vendor agrees to provide the Organizer with the proof of certification by June 30 th , 2015,
failure to do so will automatically forfeit the Vendor’s right to use propane on the dates of the event.
(16) Advertisements and Promotional Materials
If the Vendor has distributed coupons (before or after the commencement of the Event), the Vendor is responsible for checking the validity of all coupons
submitted by customers. All advertisements during Night It Up! must be used within the confinement of the vendor's assigned area. The vendor and their
employees promoting their product/services must remain in their assigned area and cannot use other vendor's space to promote their product/services.
The Organizer reserves the right to have strict control of the walking areas and overhead spaces at the event.
(17) Municipal Changes
The Vendor accepts that any component of this Agreement is subject to change, modification or amendment at the discretion of the Organizer at any
time without notice. The terms and conditions listed in this Agreement may change pending municipal policy changes at the City of Markham. Vendors
are responsible for complying with all municipal changes. The Organizer may announce changes to any part of the policy at a later date.
(18) Liability
The Organizer shall not be responsible for the personal safety of the Vendor or his/her representatives from injury, nor the safety of the property of the
Vendor from theft or damage. Vendor waives all claims against the Organizer, City of Markham, and representatives of the same including, without
limitation, all claims for damages based on personal property damage, destruction, loss or theft, personal injury or death, and any other act or failure to
act of the Organizer. Vendors agree to assume all liability, and indemnify and hold harmless the Organizer, City of Markham and representatives of the
same for damage or injury, which might ensue by reason of such distribution.
(19) Observance of Laws
Vendor shall abide by and observe all federal, provincial and municipal laws, codes, ordinances, rules and regulations (including all rules and regulations
issued for the Event).
(20) Breach of Contract
The Vendor agrees that any failure on the Vendor’s part to comply with the Agreement shall be a breach of the Agreement. In the event of breach by the
Vendor, the Organizer shall be entitled to terminate the Agreement and retain all fees paid by the Vendor as liquidated damages for the Vendor’s failure
to comply with the Agreement. The Organizer may also evict the Vendor from the event following a breach of contract.
(21) Indemnification
The Vendor agrees to indemnify and hold the Organizer and all its agents harmless from any liability claims, damages, costs, expenses or lawyer’s fees
arising from the Vendor’s business activities performed under the Agreement, including injuries to third parties, the Vendor and its employees, agents,
representatives or customers and any property damage that may occur to inventory owned, leased, operated or in the Vendor’s possession.
Please make all cheques payable to: Power Unit Youth Organization
By signing below, I, ________________________________ acknowledge that I have read and agree to all the terms and conditions listed in this Vendor
Agreement put forth by the Organizer, Power Unit Youth Organization.
Sign:
Date:
Appendix I: Vendor Booth M ap
Appendix II: Summary of Penalties and Fines
Item
Amount
Operation of booth prior to or beyond event hours
$ 350
Load in time on Friday exceeds 20 minutes
$ 50
Failure to sign out on each night of the event
$ 50 per instance
Failure to leave the area clean and waste-free each night of the event
$ 50 per instance
Exceeding electricity purchased
Up to $350, subject
to length of downtime
Selling items that are not pre-approved by the Organizer
$ 350
Failure to cooperate when nuisance to neighboring vendors
$ 150
Styrofoam on event grounds
$ 350 and municipal
penalties
Failure to comply with waste removal procedure
$ 100
Megaphone usage after first warning
Confiscation of
megaphone
Additional Barricades for heat element placement endangering patron safety
Cost per barricade
Additional Tent Wall for excessive smoke interfering with patrons and/or other vendors
Damage to any equipment
Oil spillage or splatter on event grounds
Cost per additional
tent wall
Cost to bring
equipment to original
state
Cost to bring
equipment to original
state
Summary of Items Resulting in Immediate Eviction
Item
Any criminal and suspicious activities
Subletting all or any part of vendor’s assigned space
Continuous usage of equipment deemed unsafe or unstable by event organizers after warnings
Aggressive sales method causing numerous complaints from patrons
Continuous open fire cooking after warnings to stop
Failure to comply with York Region Fire Safety standards
Continuous usage of propane without Propane Handling TSSA Certification after warnings
By signing below, I, ________________________________ acknowledge that I have read and understood all penalties and fees listed in this Vendor
Agreement put forth by the Organizer, Power Unit Youth Organization.
Sign:
Date: