A Taste of Apple Country Wine and Music Festival Exhibitor Agreement This Agreement is made this ____ day of ______, 2013, between Biglerville Hose and Truck Co.#1 (A Taste of Apple Country) , and Vendor Name: ________________________________________________ Street Address: ________________________________________________ City, State, Zip: ________________________________________________ Contact Name: ________________________________________________ Email Address: ________________________________________________ Contact Phone: ________________________________________________ Fax Number: ________________________________________________ (hereinafter “Vendor”) WHEREAS, A Taste of Apple Country is a public event organized/coordinated by Biglerville Hose and Truck Co#1; WHEREAS, Biglerville Hose and Truck Co #1 and the Vendor wish to promote products and/or services to attendees at A Taste of Apple Country Wine and Music Festival, and agree that the products and/or services to be offered to the public at A Taste of Apple Country Wine and Music Festival should be of the highest quality possible; NOW, THEREFORE, in consideration of the mutual promises contained herein, sufficiency of which is acknowledged, the parties agree as follows: 1. Vendor Location: A Taste of Apple Country Wine and Music Festival takes place at The Legion Woods Picnic Area, 3074 Table Rock Rd., Biglerville, PA on July 20 & 21, 2013. Biglerville Hose and Truck Company #1 agrees to provide Vendor with space at A Taste of Apple Country Wine and Music Festival at which Vendor will display or sell products and/or services as listed in Paragraph 5 below. Vendor agrees that Biglerville Hose and Truck Co#1 shall have sole authority and discretion in the assignment of the spaces at A Taste of Apple Country Wine and Music Festival. Vendor agrees to the fees, hours of operation, and all additional requirements as set out in the following paragraphs. 2. Amenities: Biglerville Hose and Truck Co#1 agrees to provide Vendor with the following amenities at Vendor’s space location: (a) A 10x10 space (b) two (2) staff passes for Vendor booth for free entry into festival (c) One (1) booth sign with Vendor name (d) Security will be provided by Biglerville Hose and Truck Co #1 from Saturday July 20, 2013 at 8:00 AM until Sunday July 21, 2013 at 9:00 PM. 3. Payment: The Vendor agrees to pay Biglerville Hose and Truck Co #1 a fee of $100.00 for the vendor space and amenities listed above. The Vendor agrees to pay 100% of this fee upon execution of this Agreement. The Vendor’s payment which accompanies this Agreement shall be refunded in full if this offer is not accepted by Biglerville Hose and Truck Co #1. 4. Hours of Operation: (a) The Vendor agrees to continuously operate its booth during the official operating hours of the Event as: Saturday, July 20, 2013 11:00AM to 8:00PM Sunday, July 21, 2013 11:00AM to 6:00PM (b) The Vendor shall be permitted to set-up its booth between 9:00AM and 10:59AM on Saturday, July 20, 2013 and 9:00AM to 10:59AM on Sunday, July 21, 2013. No motor vehicle access will be permitted to and from the Vendor’s booth space at any time during the operating hours of the Event. (c) The Vendor shall not be permitted to strike Vendor’s area until 6:00PM on Sunday, July 21, 2013 and shall have all its property removed from A Taste of Apple Country Wine and Music Festival site by 9:00PM Sunday, July 21, 2013. Failure to have all property removed by 9:00PM Sunday, July 21, 2013 may result in Biglerville Hose and Truck Co #1 removing the property at the Vendor’s sole expense. 5. Vendor Obligation: The Vendor also agrees: (a) To clean and secure the Vendor’s space at night; (b) To comply with arrangements made by Biglerville Hose and Truck Co #1 for removal of waste and recycling from site; (c) To comply with any other rules or regulations established by Biglerville Hose and Truck Co #1 for Vendors and A Taste of Apple Country Wine and Music Festival; (d) To provide a list of products/services to be displayed/sold (Note: the sales or sampling of any food product may require a temporary food service permit from the Pennsylvania State Health Department. Vendor is responsible for securing this permit prior to the Festival. See Paragraph 7 below): ITEMS TO BE SOLD: 1. ______________________________________________ 2. ______________________________________________ 3. ______________________________________________ 4. ______________________________________________ 5. ______________________________________________ 6. ______________________________________________ 6. Electricity: No electricity is available but the vendor may bring a small (quiet) generator as to not disturb surrounding Vendors or Event attendees. 7. Permits: Vendors Selling or Sampling Food Products. (a) The Vendor agrees to obtain, at its expense, all necessary health, food, or other permits and/or licenses, including temporary food service permit from the Pennsylvania State Department of Health. (b) The Vendor agrees to fully comply with all requirements of the Pennsylvania State Health Department; (a) The Vendor must obtain health and sanitation rules, regulations, and fees from the Pennsylvania State Health Department. Failure to obtain the proper and required permits will act as a breach of this Agreement in accordance with paragraph 11 below. (b) The Vendor selling or sampling any food product agrees to comply with all the rules and regulations of the Biglerville Hose and Truck Co #1. (c) The Vendor must provide an all-purpose fire extinguisher with current registration tags (Class A-B-C). (d) Open-flame cooking is not permitted under a Vendor’s tent. All open-flame cooking must be at least five (5) feet away from the tent and separated from the public; (e) Any lighting under or around a tent must be listed and labeled for damp location or wet location as appropriate. Halogen lighting is prohibited; (f) All extension cords must be rated for outside use; (g) All liquid propane gas cylinders (LPG) must be secured. Only approved LPG connectors may be used; (h) Discarded coals shall be soaked and properly disposed of. 9. Liability: The Biglerville Hose and Truck Co #1 is not responsible for any damages to personal property or merchandise while on the Event Grounds. 10. Security Violations: The Vendor agrees to abide by all security measures set forth by Biglerville Hose and Truck Co #1. Security violations include: allowing moving vehicles on the grounds during hours of operation, allowing patrons access to secure areas through the Vendor’s booth, and all other security violations as determined and communicated by Biglerville Hose and Truck Co #1 to the Vendor. Failure on the Vendor’s part to comply with these measures shall be a breach of this Agreement in accordance with paragraph 11 below. 11. Breach: The Vendor agrees that all fees paid to Biglerville Hose and Truck Co #1 are non-refundable, and that any failure on the Vendor’s part to comply with this agreement shall be a breach of this Agreement. In the event of breach by the Vendor, Biglerville Hose and Truck Co #1 shall be entitled to terminate this Agreement and retain all fees paid by Vendor as liquidated damages for the Vendor’s failure to comply with this Agreement. Biglerville Hose and Truck Co #1 may also demand Vendor immediately remove its property and vacate the space in which case the Vendor agrees to forfeit all payments to Biglerville Hose and Truck Co #1 as liquidated damages. 12. Indemnification: The Vendor agrees to indemnify Biglerville Hose and Truck Co #1, any officer, employee of Biglerville Hose and Truck Co #1, and the American Legion Post 262 from any and all fees, costs and expenses incurred by them in connection with any claim, lawsuit, or proceedings arising out of or in connection with any act or omission of the Vendor or its agents in connection with the Vendor’s involvement with A Taste of Apple Country Wine and Music Festival. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the day and year above written. VENDOR_______________________________________________________________ Date ______________ Chairperson of A Taste of Apple Country, Authorized Representative ________________________________________________ Date _____________ This Agreement is not effective unless and until it is signed by an authorized representative of the Biglerville Hose and Truck Co #1.