DETAILS
It’s a Wonderful Life Holiday Festival will occur on Saturday, December 2, 2023 in locations throughout the South Wedge commercial corridors of South Avenue and Gregory Street. Food trucks and tents will be assigned locations by our event coordinator.
DAY OF SHOW
Food Vendor agrees to attend the It’s a Wonderful Life Holiday Festival on Saturday, December 2 from 11:00 AM until 4:00 PM. Food Vendor will be ready at 11:00 AM and will not begin to close until 4:00 PM. Food vendor will be allotted one 10’ x 10’ space or equivalent. Tents/tables/chairs are not provided by festival organizers. Load-in for festival will occur between 10:00 and 11:00 unless other arrangements have been made.
Breakdown will occur after 4:00 PM on the date of the event. All garbage generated by food vendor must be removed from festival site and placed in trash receptacles allotted for festival use. Food vendor site must be broom-clean prior to vendor leaving festival.
FEES
Food Vendor agrees to pay 15% of gross receipts of food and beverage sales at the event. Payment is due to event organizer (BASWA) no later than 14 days after event. Remit payment to BASWA, 357 Gregory Street, Rochester, NY 14620 or deliver to any festival organizer listed at end of contract.
REPRODUCTION OF FESTIVAL ACTIVITIES FOR PROMOTION
Promoter reserves the right to use images of Food Vendor’s presence described hereinabove, to be used for promotional and archival purposes.
Promoter reserves the right to use or permit others to use Food Vendor’s name, and likeness in connection with promoting the Festival described here in above and subsequent activities and purposes of Promoter, but not for any use which constitutes endorsement of any commercial product or service.
INDEMNIFICATIONS FOR INJURY & DAMAGE
1. Food Vendor shall defend and indemnify the Promoter against and hold the Promoter harmless for any and all costs, loss, damage, attorney fees and/or claims and liability for injury to persons or property damage arising out of, connected with, or attributable to the festival site, which are due to the negligence or intentional actions of the Exhibitor.
2. Food Vendor shall be liable for all copyright royalties, state sales tax and fees and defend, and hold harmless the Promoter against any and all costs, loss, damages, attorney fees and/or claims of infringement or violation of any copyright or proprietary rights during the Festival.
STANDARDS OF CONDUCT
In the event that the Food Vendor is deemed to be under the influence of intoxicating beverages or illicit drugs and is unable to perform in a professional manner, in the sole discretion of the Promoter, the Promoter may cancel this Agreement. Any such cancellation shall be without prejudice to Promoter’s other rights and remedies hereunder.
LIMITATION & LIABILITY
The Promoter’s liability on any claim (exclusive of claims for personal injury based solely upon negligence of the Promoter) arising out of or connected with this Agreement or participation in this event shall in no event exceed the total Food Vendor fees hereunder. In no event shall the Promoter be liable for consequential, incidental, special or exemplary damages including, but not limited to, loss of profits or revenue, loss of use of equipment, cost of capital, cost of substitute facilities, equipment or use thereof, or claims by customers of Food Vendor for such damages.
NON PERFORMANCE NOT A DEFAULT
PERMITS
Food Vendor will be required to provide a valid Monroe County Health Department vendor permit at the festival and shall abide by all MCHD requirements for the duration of the festival.
