Exchange Park Family Festival

Mailing Address: 8409 Land O’ Lakes Blvd. FL 34638

Fairgrounds Address: Exchange Park 9850 Highway 78, Ladson, SC 29456

Email: joanna@emctickets.com

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OUTDOOR VENDOR SPACE APPLICATION / AGREEMENT

Please fill out the form fields and read our Terms and Conditions section below. The email address you provide in this form will be used to communicate with you and provide updates on subsequent steps.

All fields marked with asterisk sign (*) are mandatory.

Whereas, Lessor, Exchange Park Family Festival, herein referred to as the “Festival” operates the outdoor space rental during the Exchange Park Family Festival on the Festival grounds located at Exchange Park 9850 Highway 78, Ladson, SC 29456 and whereas the Lessee, the above named Exhibitor, hereinafter referred to as the “Exhibitor” desires to rent space on the Festival grounds, for the days of this year’s Festival only, upon which to operate an Exhibit, the Festival and Exhibitor in consideration of the mutual undertakings contained herein and intending to be legally bound, do hereby agree as follows:

All items to be displayed and/or sold must be listed and only listed items may be displayed and/or sold.

  1. DEPOSIT AND FEE: Space location is not guaranteed until receipt of the required and applicable deposit of $250.00 per stand due upon the execution of this contract. All payments must be made in Cash or Money Order made Payable to Exchange Club of Charleston.
  2. OUTSIDE SPECIFICATIONS: Space shall be in 1 foot increments (one) feet x 10 (ten) feet deep unless specified otherwise in an addendum to this lease agreement. There is a 10 foot front minimum on all outdoor space;
  3. ELECTRICAL SERVICE: Electric needed is sold at a flat rate of $50.00 (20 AMP-110 V), exhibitor is responsible for providing cord and plug needed to properly run their concession. Cords must meet NEC and minimum requirements of Charleston County. Concession must provide minimum of 150 feet of cord. Please make sure you fill in the amount of AMPS needed at top; Portable Generators are NOT allowed to be used at any time during the event due to noise ordinances. LED portable batteries are allowed;
  4. ACCESS TO GROUNDS: The grounds shall be opened to exhibitors one hour before the scheduled opening time of the Festival to the public. Exhibitors must open on time and close at schedule closing times. Any exhibitor not following this rule will be subject to not be invited back for the next year's Festival. Exhibitor must be set up and ready to open by 3:00 p.m. on April 16th;
  5. INSURANCE: Exhibitor shall furnish proof of liability insurance with at least a one million dollar ($1,000,000.00) limit upon submission of this contract. The policy must name Exchange Club of Charleston and Exchange Club Fair of Charleston Inc. as additional insured. Insurance coverage to begin at the time the Exhibitor arrives on the Festival grounds for setup and continue until the Exhibitor leaves the grounds after the Festival. Exhibitor does not furnish proof of insurance, Exhibitor hereby agrees that Festival may provide insurance and charge Exhibitor the cost of such coverage or consider this agreement void without responsibility from the Festival and any deposit will be lost;
  6. LICENSES/PERMITS: Exhibitor agrees to procure at its expense all necessary Health Department, state, county, and municipal licenses/permits which are required for its possession or use of the space;
  7. INSPECTION: The Festival reserves the right to inspect any exhibit at any time, without notice and without seeking consent, for determining compliance with the provisions of this lease and the law;
  8. SUBLETTING: Exhibitor agrees that it will not sublease or assign the above-specified space. It is further agreed that two or more firms may not occupy or use the same space. The use of the leased space for anything other than displaying and/or selling the items listed above is strictly prohibited;
  9. OPERATIONAL HOURS: Exhibitor shall be required to be in full operation during all hours that the Festival is open to the public, without regard to weather. Operational hours of the Festival will be set by Festival management and are subject to change at the discretion of Festival management without prior notice;
  10. ROVING SALES: Roving sales are prohibited. It is specifically agreed and understood that this lease is for the space specified herein and that the aisles, walkways, common areas, or other parts of the Festival grounds are not considered a part of this contract;
  11. SET-UP: Exhibitor shall be allowed to set up in its assigned space no sooner than 9:00 a.m. on Tuesday, the 15th of April, and must be set up and operational no later than 3:00 p.m. April 16th. Failure of Exhibitor to be set up by 3:00 p.m. or to not use the leased space will result in a breach of this contract and the Festival may resell the space and the Exhibitor will forfeit all money paid which shall be considered liquidated damages;
  12. MOVE-OUT: Exhibitor may not tear down or remove any portion of the leased area before the closing time of the Festival, Sunday, April 20th, but everything must be removed from the Festival grounds by 5:00 p.m. on Monday, April 21st, the day after the Festival closes. Any items left on the Festival grounds after 5:00 p.m. on Monday, April 21st, will be considered abandoned and will be disposed of; if applicable, the expense billed to Exhibitor;
  13. EXCLUSIVES: The Festival maintains the right to grant exclusive agreements to exhibitors. An exclusive sales agreement must be set out in an addendum to this lease. The Festival reserves the right to stop sales by exhibitors of any product that violates such an exclusive agreement;
  14. PROHIBITED ITEMS: Festival management has the right, at its sole discretion, to require Exhibitor to remove any item, article, or any part thereof, including banners, signs, gongs, bells, balloons, or other materials which it deems unsafe, unsuitable, objectionable, unattractive, distracting, obnoxious, or otherwise in violation of this agreement at Exhibitor’s expense. Prohibited items include, but are not limited to, nails, staples, tacks, or pins on any Festival property surface, paper stickers inside Festival grounds buildings, laser pointers/pens, fireworks of any nature, knives, weapons, mace, pepper spray, or any other item which in the sole judgment of the Festival may be a public danger or create a public hazard or would be detrimental to the premises.
  15. SOUND LEVELS: Festival management maintains the absolute right to control sound levels;
  16. VEHICLES: Deliveries onto the grounds will be allowed only by properly permitted vehicles. No vehicles will be allowed onto the Festival grounds later than one hour prior to opening on any operational day of the Festival. In addition, all vehicles must be removed to the assigned parking area at least one hour prior to opening. Any vehicle in violation of this provision will be towed away and stored at the expense of the Exhibitor. No vehicle will be allowed back onto grounds until one hour after closing;
  17. PASSES: Two passes per space will be provided to Exhibitor according to the pass policy of the Festival in effect at the time of the Festival;
  18. FAILURE OF EXHIBITOR TO USE SPACE: In the event the Exhibitor does not actually use the leased space, it is agreed that no portion of the rental already paid will be returned and shall be considered liquidated damages for breach of the lease contract;
  19. LIEN CREATED FOR MONEY OWED: The Festival shall have the right to retain all property belonging to Exhibitor which is brought onto the Festival grounds in order to secure the payment of any and all sums of money due hereunder. Further, Exhibitor agrees that the Festival may sell or otherwise dispose of, either at public or private proceedings without notice to Exhibitor, any such property for the purpose of satisfying any indebtedness due hereunder;
  20. NONWAIVER OF PROVISIONS: The failure of the Festival in any one or more instances to insist upon the strict performance of the covenants of this lease, or to exercise any option contained herein, shall not be construed as a waiver or the relinquishment of such covenant or option in the future, but the same shall continue and remain in full force and effect. The receipt by the Festival of rent with knowledge of any breach of any covenant herein shall not be deemed a waiver of such breach and no waiver by the Festival of any provision hereof shall be deemed to have been made unless expressed in writing and signed by Festival management;
  21. NO AGREEMENTS MADE OTHER THAN CONTAINED HEREIN: No understanding or agreement exists except that which is specified in this lease and it cannot be cancelled except by mutual agreement in writing;
  22. EXHIBITOR TO PAY COST OF COLLECTION: Exhibitor agrees to pay the Festival all expenses which it incurs in connection with the collection of any sum due hereunder, including a reasonable attorney’s fee;
  23. RIGHT TO CLOSE FOR VIOLATION: For the violation of the terms of this lease or the local, state, or federal law, the Festival shall have the right to declare this contract VOID and close the exhibit without recourse;
  24. APPLICATION APPROVAL: Exhibitor agrees that this application is subject to approval and acceptance by the Festival’s management and the terms of which shall not constitute an agreement for the lease of exhibit space until approval and acceptance by said management;

Lessor: Exchange Club of Charleston

PLEASE EMAIL OF FAX SIGNED APPLICATION TO RESERVE YOUR SPACE.

CASH PAYMENT MUST BE MADE UPON ARRIVAL AT FAIRGROUNDS BEFORE SETUP.

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