Sunday, July 7, 2019

Terms & Conditions: FARMHOUSE Christmas Market 2019 - 8x8 ft Booth


Thank you for choosing to be a part of Sweet Bee Events (we/us/our). By applying to participate in our markets you agree to be bound by these Terms and Conditions (Terms). 

1. Definitions

“We/us/our” refers to Sweet Bee Events, LLC. “You/Your” refers to You personally and Your company and (if applicable) any staff, contractors, agents or representatives that have hired a Vendor Booth at our markets (Booth) to display and sell goods;

“Booth” means a stall that you hold at our market or markets;

“Boothholder” refers to any person and/or company who has applied for a Booth at Sweet Bee Events, market/s, under these Terms and has been granted a Booth and includes any staff, contractors, agents or representatives that participate in Your Booth; 

"Vendor Booth Contract” refers to the vendor booth application, its terms, information, items listed, requests, and contract agreement. 

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks (registered or unregistered), designs, patents, circuit layouts, business and domain names, inventions and
other results of intellectual activity.

“Confidential information” means information that is by its nature confidential but does not include information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under these terms and conditions. 

“Change Float” refers to mixed cash denominations made up of bank notes and coins.

2. Trading hours

Sweet Bee Events, markets, Farmhouse Christmas Market within the Legacy Events Center - Building #2, trading hours will be: December 14, 2019 from 11am to 5pm.
By participating in a market as a Boothholder, you agree to be available for the whole duration of the market set out above and only trade during these times.

3. Your application

We will assess Your Booth application for suitability by reference to various criteria, including the level of:

• Creativity and originality; 
• Presentation and professionalism of your finished products and services; 
• Commitment to independent design; • Uniqueness in the Utah/U.S. marketplace; 
• Appropriateness, suitability and viability for selling at our markets.
We reserve the right to decline any applications that we deem unsuitable at our sole discretion.

4. Registration fee

Once Your Booth application has been approved by us, the Booth fee must be paid in full upon registering. All Booth fees must be paid via check or money order only. Failure to pay 'due upon receipt' of Your final invoice being issued may lead to cancellation of the approved application and/or affect Your ability to hold a Booth at any of our future markets. Booth Fee for this event includes an 8x8 ft booth space. 

5. Cancellation

If you cancel within the permitted time frame your booth fee will be refunded, minus a $25 admin fee Cancellation by a Boothholder less than 3 weeks prior to a Sweet Bee Events, market, will not have the Booth fee refunded. Cancellation by a Boothholder more than 3 weeks from the date of the exhibition will result in a forfeiture of 50% of the Booth fees paid by the Boothholder.

6. Display & Materials

Any additional Booth display, signage and/or equipment that You provide yourself must be approved by us prior to the commencement of the market or otherwise comply with the Terms and Vendor Booth Contract. We reserve the right to direct a Boothholder to remove
materials or otherwise be refused entry. You agree to be solely responsible for any theft or damage to any furniture or other items that may arise, and agree to compensate us
in the case of damage or theft. You acknowledge that You must return any hired items to us in the same condition as You received them in.

7. What to bring

We encourage You to bring the following items to the market which we will not supply to You:
a) Display and promotional materials - including business cards and means of contact.
b) A Change Float to suit Your product pricing and suitable means to secure cash and/or
order forms. There is no facility to change cash at the markets.
c) Packaging and if applicable, carry bags for customers to take their products home in. Please note that pets are not permitted.

8. Credit card and EFT POS facilities

We do not provide credit card or EFTPOS facilities for individual Boothholders and recommend that You provide these facilities yourselves.

9. Term

Booth spaces are rented on a one-off basis only. Further, the act of renting a Booth does not create any form of tenancy or secure a right or license to hold a Booth at our markets in
the future. This means that if You are successful in obtaining a Booth space in Your application, You are not guaranteed a Booth space at any future markets.

10. Non-transferable

The right to hold a Sweet Bee Events, market, and Booth must not be transferred, sold, assigned or sublet to any other person or company without our prior written consent. In the event that we consent to Your rights to hold a Booth being transferred, sold, assigned, sublet or otherwise to any other party, You warrant that the party who is receiving these rights must agree to be bound by these Terms and You agree to assist Sweet Bee Events in
procuring such an agreement if required.

11. Sharing Your Booth

If You wish to share Your Booth with someone else that has not been approved by us in the Booth application (Additional Boothholder), you must seek our prior written consent and
provide us with the full details of the Additional Boothholder. These details must include: Name of the Additional Booth holder, their full address, company name, mobile, landline and business phone numbers and a detailed description of their business, goods and/or services. We reserve the right to charge an additional fee if You wish to share Your Booth with someone else who was not originally approved in your Booth application. In addition, You must bring these Terms to the attention of anyone sharing Your Booth at least 7 days prior to the event/market commencing.

12. Behavior at the markets

Visitors and customers of Sweet Bee Events, markets, as well as those of the Farmhouse Christmas Market in the Legacy Events Center, Building #2 as applicable, must be treated with courtesy at all times and in accordance with fair trading practice. Boothholders must not insult or intimidate anyone including other Boothholders, customers, visitors and staff. Failure to comply may result in the immediate closure of Your Booth. You must not engage in any conduct which is disruptive or inconsistent with the purpose of Sweet Bee Events, market, including encouraging visitors and Boothholders to purchase or view Your goods and services at other market events or locations. Smoking is not permitted within 5 meters of any entry/exit door at the market. Finally, You must remove all trash, liter, and material from Your Booth at the close of trading.

13. Appearance of Your Booth

You must keep Your Booth clean and tidy at all times in order to maintain the high standard we impose at Sweet Bee Events, markets, and only use the Booth for the purposes of Sweet Bee Events, market/s, and display products must be displayed in a manner that does not interfere with those of other Boothholders.

14. Responsibility for damage

You warrant that You are liable to pay for and indemnify us against:
• Any damage caused by You, Your staff or Your representatives to Your allocated Booth space or to the Legacy Events Center (as applicable); 
• Any other premises that we hold markets at; and
• Any damage or injury caused due to a Boothholder’s products not complying with any laws, regulations and standards or malfunctioning or not being fit for its purpose.
You agree that You have no right to claim any compensation against us for any loss or damage that You may suffer howsoever arising from Your involvement with our markets.

15. Products

All products sold at the market must be selected and approved by Sweet Bee Events prior to being offered for sale in the market. Please do not add new products ranges to sell at Your Booth without prior approval from us.

16. Warranty

You warrant that all products sold in Your Booth and (where applicable) related promotional materials:
a) Comply with relevant safety laws and regulations, including but not limited to, occupational health and safety laws and any guidelines, rules and regulations which are
specific to the venue which may change from time to time and in any event, comply with the terms and Vendor Booth Contract. 
b) Do not infringe any third party rights including Intellectual Property Rights; and
c) Do not contain material which is abusive, defamatory, hateful, discriminatory, racist, sexist, offensive, misleading or deceptive or is otherwise unlawful in any manner. Further, You are responsible for obtaining any relevant permits to operate Your Booth and sell products.

17. Booth set-up

Set up times will be allocated by us for this event and will be on the morning of December 14, 2019 beginning at 9am, 2 hours prior to the public opening time of 11am, on the same day that the market commences and Booth positions will be allocated in advance. You agree not to change Your position within the market without our prior consent and set- up only within your allocated space. Booths must be attended at least 30 minutes prior to commencement of each day that the market operates.

a. All Boothholders will be allocated a Booth for their market in advance at our sole discretion. However, if You have a special requirement for a particular location or space, please let us know and we will use our best endeavors to take that into account.
We take a number of factors into consideration when allocating spaces including the types of products that You will be selling and special requests that you have for practical or technical reasons.

18. Electrical Power

At this event, Legacy Events Center (LEC), electric power is not guaranteed. However, If the LEC accommodates You with electric power, then, If You need to use electrical power for Your Booth, it is Your responsibility to ensure that all power outlets are tagged and tested for safety prior to the commencement of the market. If this is not done, it will need to be arranged before You set up Your Booth on the day of the market at your own expense. You must make prior arrangements with the LEC in order that power supplied will be serviced by an electrician on the first day of the market and will be tested prior to commencement of the markets.

19. Safety

The health and safety of all patrons, staff and exhibitors is of paramount importance. Therefore, You must ensure that You:
a) Pay constant attention to the aesthetic appearance of your Booth area;
b) Store all products, furniture, signs and equipment safely within Your Booth area and
generally ensure that You do not have trip and fall hazards that could cause anyone to suffer an accident;
c) Keep all of Your items and boxes out of the walkway around Your Booth area, ensure that Your exhibits are well constructed and safe and otherwise contain all equipment that may result in a person tripping, slipping or falling;
d) Clean up any spills, breakage or otherwise immediately and call an emergency service if required or an appropriate contact we have provided You with in advance;
e) Keep all public access ways clear;
f) Ensure that power boards and extension cords that You supply are tested adequately prior to use and that they have surge protection prior to the
commencement of the market and that any exposed electrical cords are taped to the floor so that they are not loose and will not possibly cause someone to trip; and
g) Behave at all times in a manner that ensures that the health and safety of anyone who visits the market is not compromised.

20. Parking and traffic Load in access will be available for all Boothholders. For safety reasons, You are not permitted to drive within the market area unless you have special permission to do so, with an allocated time slot. Special directions will vary from market to market. Please check You’re the event facility, one hour before the commencement of the market. At this Farmhouse Christmas Market event, LEC parking will be available for all Boothholders subject to availability. You will have access to load in and out on the day. Details relating to loading and parking access will be provided to You upon acceptance of Your Booth application. Boothholders must obey all local traffic and parking regulations and not inconvenience local residents and members of the public and respect their premises and property.

21. Market Cancellation by Sweet Bee Events

We usually continue to trade in various weather conditions. However, in the event of an "Act of God", power outage, dangerous weather conditions, we reserve the right to cancel the market. We also reserve the right at our sole discretion, to cancel the market in the event of unforeseen venue issues which prevent the market from operating safely. Such an event
may include a fire, major accident or damage to the venue. You agree that we will not be held responsible for any loss, damage or injury arising from adverse weather conditions or
any other cancellation factors that are not within our control. In that event, we will provide You with “credit” to hold a Booth at a future market within the same State.

22. Risk

You understand and agree that it is Your responsibility to take all due care and diligence to prevent injury and property damage to You or any other third party including, but not limited to, visitors to Sweet Bee Events, market/s.

23. Insurance

Public Liability Insurance is not a requirement at this event/location/facility, Legacy Events Center, and will not be requested. However, obtaining Your own Public Liability Insurance or Your insurance should cover for all your risks in relation to product liability, property, theft, employer liability and personal accident to staff or anyone else at the market, losses and wasted expenditure in the event of any particular Sweet Bee Events,
market, being abandoned or curtailed. This list is not exhaustive.

24. Limitation of liability

You agree that we are not liable for any direct, indirect or consequential damage, loss or harm suffered by You, Your agents or your representatives that may result from Your
participation in our markets. This includes physical, psychological and economic harm. We are not responsible for any claims, actions, demands or suits that You may face as a result of Your conduct.

25. Sweet Bee Events marketing activities

In the course of marketing and promoting Sweet Bee Events, market/s, we may wish to reproduce or refer to images of You, Your brand, Your Booth or Your products. In this event, we may ask You to provide us with various materials for the promotion of Your
business including images of Your trade marks, photographs of Your goods and the like (Content). By supplying us with the Content, You grant us a non-exclusive, royalty
free license to use the Content for the agreed purpose and warrant that the Content does not include any third party Intellectual Property Rights.

26. Indemnity

You agree to indemnify us (and our agents, contractors and employees) against any cost, expenses, loss, damage or harm suffered by us resulting from any claims, actions, demands or suits that may be made against us as a result of Your conduct including but not limited to any third party allegations of infringement of Intellectual Property Rights against
You by any third party and public liability claims relating to Your Booth.

27. Remedies

If You breach any of these Terms, we reserve the right to cancel Your booking for a Booth, reallocate Your exhibition space, require You to pay the cost of our actions and remove You from the exhibition space of the market in question. You agree to indemnify us
against any costs we incur arising from Your breach. You further agree that if You breach these Terms, You forfeit the right to any rebates, refunds or compensation arising from, among other things: cancellation of Booth allocation, alteration of the position of
Your Booth allocation, alteration of set up time or change of size of the Booth allocated to You.

28. Dispute resolution procedure

We do not get directly involved with any disputes between Boothholders including disputes relating to the Intellectual Property rights of others (Dispute). By participating in the
markets You agree that the details of any such Disputes shall be Confidential Information for the duration of the market (with the exception of You seeking legal advice). Further, You must Endeavour to resolve any disputes through Your own independent means with the other party, whether that be a Boothholder or otherwise. To avoid any disruptions to the market, if any disputes with other Boothholders arise, we ask that You deal with these matters outside market hours. In the event of any disruption or if any Boothholders become verbally abusive to others and the circumstances are not immediately rectified after notice has been given, we reserve the right to require You to pack Your Booth and leave the premises. We are committed to encouraging creative endeavor and original products and safeguarding Intellectual Property Rights. Should a dispute arise relating to products sold at our Booths (or related marketing material), while we will not adjudicate in relation to that dispute, we reserve the right to request that a Boothholder remove the products or items for sale which are in dispute from display and not trade with the products for the remainder of the market trading hours.

29. General

a) Interpretation
In these Terms:
I. Headings are for convenience only and do not affect interpretation.
II. Defined Terms have the meaning ascribed to them;
III. A word denoting the singular number includes the plural number and vice versa.

b) Relationship of the parties
Sweet Bee Events and Boothholders are independent contracting parties, and nothing in these Terms will make either party the employee, partner, agent or legal representative of the other for any purpose whatsoever. Nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other.
c) Assignment 
The rights and obligations arising under these Terms are personal to the Boothholder. The Boothholder must not assign, license, sub-license or transfer all or any part of the Boothholder rights and obligations under these Terms without the prior written consent of Sweet Bee Events.
d) No implied waiver
The failure of Sweet Bee Events to require performance by You of any obligation arising under these Terms will in no way affect the right of Sweet Bee Events to require such performance at any later time. If Sweet Bee Events waives a breach by You of any obligation arising under these terms, such waiver will not constitute a waiver of any later
breach of the same or any other obligation under these Terms.
e) Sever-ability
If any provision of these Terms is or becomes invalid or unenforceable under any statute, regulation ordinance, executive order or other rule of law, the invalid provision will be severed from these Terms and the remaining Terms will remain in full force and effect.
f) Entire agreement
These Terms and the Vendor Booth Contract constitute the entire agreement between the parties with respect to its subject matter and supersedes all prior oral or written representations and agreements and the parties expressly agree that neither has relied on pre- contractual conduct or representations of the other party in entering into these Terms.
g) Variation
No alteration, modification, change or variation of any of these Terms will be binding upon either party unless in writing and signed by a duly authorized representative of each party.
h) The parties agree that these Terms are governed by the State of Utah, U.S. and the parties submit to the exclusive jurisdiction of the courts of that State.

30.  The above Terms and Conditions are subject to change. We reserve the right change the Terms and Conditions as deemed necessary.

If you have any further questions or feedback, you may Contact us at any time.

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