This is a binding agreement between Over the Rainbow Kid's Consignment (OTR), a sole proprietorship, and me (called the “Vendor” in this agreement). Over the Rainbow Kid's Consignment is conducting a consignment sale of children’s and maternity merchandise for our Spring 2022 Event (called the “Event” in this agreement), taking place April 20-25th. By signing on as a vendor, I am agreeing to the terms of this Vendor Agreement.
1. The Vendor understands and agrees that:
a. The payment of the fee described above is due upon registration, is non-refundable and covers payment for (1) if applicable, use of a space at the event, (2) Other opportunities per the sponsor rate listed on the event opportunities sheet. If for any reason the date is rescheduled by OTR, all fees will transfer to the rescheduled date. If the event is cancelled by OTR, all fees will be transferred to the next event.
b. One vendor per company may occupy a booth space.
c. Vendor is responsible for providing their own “furnishings” within their designated area.
d. The Vendors printed materials or promotional items are subject to the approval of OTR vendor coordinator prior to distribution or posting.
e. The Vendor is responsible to provide OTR their logo in a .jpg or similar format.
f. Set-up will take place on April.... . Tear down will occur no earlier than 3pm on the final day of the Event. All Vendor materials will be removed from the facility by 5pm on final day of the Event. Anything remaining in the facility after 6 pm on final day of the Event will be donated to OTR's charity of choice or disposed of.
g. Vendor will not shop before their designated shopping time for the Event.
h. Vendor agrees to market the OTR event through their website, social media, e-blasts, contest giveaways etc. as appropriate.
i. All Vendors must unload first, move any vehicle out of the Event area, then begin to set-up their space during the mentioned set up day. Vendors are asked to park their vehicles away from the storefront area, leaving the closest parking for customers.
2. OTR reserves the right to remove the Vendor from the Vendor’s space at the Event or remove the Vendor’s name from the OTR website if it deems anything regarding the Vendor’s business or on the Vendor’s website to be unethical, unlawful, or immoral. I understand the cancellation procedures and that there are NO REFUNDS of booth fees paid. I understand that sub-leasing of booths is prohibited. I also understand that management has the right to move vendors to other booth locations at any time for the betterment of the event.
3. Vendors are required to immediately report any show problems or breach of security, including thefts, injury, and/or damage to individuals or merchandise to the event staff. Vendors are not allowed to hold any merchandise from the event within their booth space. If merchandise has been paid for, it will be permitted to be held within the booth space. If merchandise is found within the booth space and has not been paid for, it will be immediately removed and the vendor may be asked to leave the Event with no refund.
4. The Vendor agrees to hold harmless and make no claim against OTR, the owners of OTR, any volunteer or paid employee of OTR, the insurer of OTR, or any other vendor leasing space at the Event for damage, theft or loss of any items belonging to the Vendor. The Vendor is fully responsible for their product and equipment while on Event premises.
5. The Vendor agrees to waive any and all claims for personal injury resulting from participation in the Event from whatever cause either foreseen or unforeseen against OTR, the owner and officers of the OTR, any volunteer for or paid employee of OTR, the insurer of OTR, or any other vendor leasing space at the Event.
6. This agreement shall be governed by the laws of the State of Ohio.
7. This agreement shall supersede any prior agreements between the parties whether oral or written and shall constitute the entire agreement between the parties.
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