CHECK BOX BELOW

I have read and agree to the Terms & Conditions of DIY Street Fair.

APPLICANT NAME

First Name

Last Name

APPLICATION FEE will pop up after this form is submitted.

I understand that my application will not be reviewed without paid application fee.

TERMS & CONDITIONS

AGREEMENT

Participant agrees to abide by the rules and regulations of DIY Street Fair, LLC (hereby known as "Owner/Operator") and the City of Ferndale. Participant agrees to obtain, at their own expense, any applicable licenses or permits which are required for operation of its trade or business for the duration of the event and pay any and all taxes, including applicable sales tax of any nature that may be levied against it as a result of the operation of its trade of business in its contracted space. Participant agrees to only occupy, sell, promote or advertise their products and services in the space that it is assigned. Participant agrees that all offerings and work displayed must be represented in application and consistent with submission. Participant will not share space with another vendor/exhibitor/company/organization unless given written permission from Owner/Operator. This includes, but is not limited to, displaying business cards or other promotional items in the assigned space. Participant agrees to allow Owner/Operator to use its information in the promotion and advertising for DIY Street Fair. Participant agrees to follow all health and safety guidelines outlined by Owner/Operator, venue and city.

OWNER/OPERATOR RIGHTS

Owner/Operator reserves the right, in its sole discretion, to accept or deny the application of participants that will be at DIY Street Fair. This decision will be made in the best interest of Owner/Operator, other participants, attendees of DIY Street Fair, the event venue/facility/city, their respective owners, employees and representatives and the City of Ferndale. This includes the rights to reject or prohibit exhibits or participants which Owner/Operator finds offensive, disruptive or inappropriate to the aforementioned parties. Owner/Operator reserves the right to change the layout of the event and/or relocate participants, vendors and exhibits. This may include canceling, relocating or changing the event date. Owner/Operator has the right to modify and/or change the rules and regulations governing DIY Street Fair and the use of the venue. Owner/Operator reserves the right to terminate space without refund if behavior of Participant violates general practices of good conduct prohibiting the enjoyment, safety and commerce of other participants.

INDEMNIFICATION

Participant agrees to indemnify and hold harmless Owner/Operator, the facility and City of Ferndale, their respective directors, officers, agents, representatives and employees against all claims, losses, liability, damages (including legal fees and expenses), cost and charges of every kind resulting from its occupancy of the exhibit space and/or its surroundings. This includes, but not limited to, loss resulting from the use of equipment or devices furnished to or used by the Participant or other persons in connection with the event. This hold harmless includes any loss with connection to personal injuries, death, property damage or any other damages sustained by the participant, Owner/Operator, the facility, sponsors or attendees of FrankenFest and their respective directors, officers, agents, representatives and employees or those for whom the participant is responsible by law.

LIABILITY AND INSURANCE

Participant is responsible to insure its own exhibit, personnel, display and materials from any damage or loss through theft, fire, accident or other cause and accepts all risks. Participant shall not make any claim or demand or take any legal action against Owner/Operator, the event’s sponsors, event venue or City of event for any loss, damage or injury whatsoever caused, to the participant, it’s directors, officers, agents, representatives and employees or their respective property.

DISPLAY SPACE

All construction and setup of displays must be completed 1 hour before the start of the event. Audio/Visual systems are allowed only if they are operated at levels that do not interfere with neighboring vendors/exhibitors. No music may be played from Participant audio system (as to not interfere with music and entertainment from the main stage), but speech and sound effects are acceptable. Owner/Operator holds the right to refuse the use of any audio/visual system. Participant agrees to remove it’s display and equipment by midnight at end of the event, and return their assigned display space to the same condition as move-in. Failure to do so will require Participant to pay any additional cost of clean-up. Participant is to provide their own table(s), chair(s) and 10x10 tent with mandatory weights (minimum 40 pounds each) securely attached to each side (4) and/or securely staked. Participant is banned from using gas powered generators or any equipment or machinery that may exceed power and/or create noise or disruption. Owner/Operator reserves the right, in its sole discretion make decisions regarding Participant’s space and what may be in it with regard to the safety and enjoyment of the event.

INTELLECTUAL PROPERTY

Participant will assume all costs arising from the use of patented, trademarked, franchised or copyrighted materials, devices, processes or dramatic rights used on or incorporated into their display. Participant agrees to indemnify, defend and hold harmless Owner/Operator and the facility from any claims or costs, including legal fees, which might arise from question of use of any such material described above. “DIY Street Fair" logos and name are the sole intellectual property of Owner/Operator.

CANCELLATION AND TERMINATION

Participant shall have the right to cancel this agreement by written notice no later than 11:59pm, August 17, 2024 to receive booth refund minus $50 administration fee. Owner/Operator has the right to terminate or cancel this agreement without notice and all rights of Participant will cease. In the event that the facility in which DIY Street Fair is to be held becomes unavailable for occupancy or Owner/Operator is unable to permit participant to occupy the facility or space, or the event is canceled or curtained for any reason beyond the control of Owner/Operator, including but not limited to casualty, fire, lightning, flood, high winds or other Acts of God, civil disturbances, strike, lockout or boycott, Owner/Operator will not be responsible for any loss of business, loss of profits, consequential or special damages or expenses of any nature that participant may suffer. If Owner/Operator is forced to cancel event due to pandemic concerns mandated by state or federal guidelines, Participant shall receive full refund of booth fee if event is cancelled up to one month (within 30 days) prior to event, and after 30 days shall receive refund of paid booth fee as a credit split equally between next two events.

ARTIST/PARTICIPANT AGREES UPON ACCEPTANCE THAT ANY VIOLATION OF THESE STANDARDS, RULES AND PRACTICES MAY RESULT IN IMMEDIATE TENT/SPACE FORFEITURE WITHOUT REFUND.