GUIDELINES
The National Banana Pudding Festival and Cook-Off is a two day event the first weekend in October (October 5-6, 2024) in Centerville, Tennessee. The festival will open the vendor gate at 6:30 AM on Saturday and 10:00 AM on Sunday. The festival grounds will also be open for vendor setup on Friday from 10:00 PM till 6:00 PM. Food truck/trailer vendors, especially those requiring electricity are encouraged to arrive on Friday in order to test connections and ensure truck/trailer requirements are met.
PLEASE READ CAREFULLY
Fees: All fees are non-refundable if event is canceled due to weather, acts of nature, disaster, etc. beyond our control, or if vendor chooses not to set up. We will make every effort to remain open advertised times but reserve the right to cancel due to inclement weather or other occurrences that could endanger attendees.
Pets: No pets allowed except service animals. Please be sure all of your booth workers are aware of this policy.
Equipment: Each vendor is required to furnish their own display equipment (tents, tables, extension cords in good repair and rated for outdoor use with the proper grounds, etc.) Each vendor should be prepared for extension cords up to 200ft for electrical hook-up. Each vendor is responsible for the cleanliness of their area.
Sales Tax: The collection and payment of any and all Sales Tax is the sole responsibility of the vendor. The Festival assumes no responsibility regarding the collection, reporting and/or remittance of sales tax for sales by vendors.
Food Sanitation: It is the sole responsibility of each vendor to be aware of and comply with the guidelines set forth by the Tennessee Department of Health any other local requirements. The Dept. of Health will be on site Saturday morning for inspecting. Permits/costs are the sole responsibility of the vendor, and must be purchased online prior to the festival and available for the inspector Saturday morning. See attached guidelines from the TN Department of Health.
Hours/Parking: Vendor gate opens at 6:30 am on Saturday and vendors must be set up by 8 AM and may not tear down until 5:00 PM on Sunday. No passenger vehicles will be allowed in the festival area during festival hours. Speed limit on the festival grounds is 5 mph. A separate parking area will be designated for vendor vehicles and trailers. Do not park in access lanes. Security will be provided Friday and Saturday nights, however, the Festival provides no guarantee and assumes no liability for any loss or damage that might occur.
Booth spaces must be left clean upon departure at the close of the Festival. Failure to do so will result in the vendor being assessed a $100 cleaning fee and not being invited back to this Festival.
Illegal drugs and firearms are prohibited.
The National Banana Pudding Festival is a family-oriented event. As such, we ask that all booth workers be neat, clean and modestly dressed with no offensive or distasteful slogans, artwork or messages. We reserve the right to bar any clothing, exhibit or product that doesn’t meet this family-friendly standard.
Each vendor will be required to submit proof of insurance with your application. The liability insurance shall be for a minimum of $1,000,000 per incident with the National Banana Pudding Festival named as an additional insured payee. Applications will not be considered until the signed application, fee, signed Waiver and Release and proof of insurance are received.
Please send your application, fees and signed Waiver & Release of Liability form (Page 9):
● by mail to National Banana Pudding Festival, PO Box 214, Centerville, TN 37033;
● via e-mail at vendors@bananapuddingfest.org
● Eventeny.com
For further information or questions, please contact the
Vendor Committee at 931-994-6273 or vendors@bananapuddingfest.org.
WAIVER AND RELEASE OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
The 2024 National Banana Pudding Festival
A – Release of Liability
In consideration of your permitting my participation as a vendor at the 2023 National Banana Pudding Festival and Cook-Off (the “Festival”) held in Centerville, Tennessee on October 7-8, 2023, I, the undersigned, for myself, my heirs, legatees, executors, administrators, and all assignees, personal representatives and legal representatives, or as an officer of a corporation duly authorized to execute this agreement on behalf of the corporation, I bind the same to the terms of this agreement and do hereby waive and release any and all rights and claims for damages, death, personal injuries, or loss of property I or the corporation I am representing may as a result of my participation in or presence at the Festival, against NBPF Inc., etc. officers, etc.
B – Assumption of Risk
Furthermore, I AGREE TO ASSUME ALL RISKS, WHETHER KNOWN, UNKNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM MY PARTICIPATION OR PRESENCE AT THE FESTIVAL AND I AGREE TO FOREVER RELEASE the National Banana Pudding Festival, Inc. and Cook-Off AND ITS EMPLOYEES, VOLUNTEERS, AGENTS, DIRECTORS, OFFICERS AND ASSIGNEES, EVENT OFFICIALS, SPONSORS, CONTRIBUTORS, AND THEIR RESPECTIVE AGENTS, BOARDS, COMMISSIONS, AND ANY OTHER INVOLVED REPRESENTATIVES OF ALL THE AFOREMENTIONED (COLLECTIVELY, THE “RELEASEES”), WHO THROUGH NEGLIGENCE AND/OR OTHER ACTIONS OR INACTIONS MIGHT OTHERWISE BE LIABLE TO ME, INCLUDING ANY COSTS OR EXPENSES (PARTICULARLY INCLUDING BUT NOT LIMITED TO, ATTORNEY AND OTHER PROFESSIONAL FEES).
C - Indemnification
I agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Releasees for, from and against any and all liability and responsibility whatsoever, however caused, for any and all damages, claims, or causes of action that I, my estate, heirs, administrators, executors, or assigns or corporation may have for any loss, personal injury, or death to any person, organization, whether they are a release of another entity, arising out of, connected with, or in any manner pertaining to my participation in or presence at the Festival, my use of the vendor area or while in, on or upon the premises where the Festival is being conducted due to the negligence or unintentional acts of myself, my employees, my subcontractors, or independent contractors or invitees or helpers who are there because of my presence or participation. I further agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Releasees from all liability incurred as a result of any lack of authority on my part to make this release, to assume such risk, or to sign this Agreement. I further agree if any demand is made or lawsuit indicated to which the terms of this agreement are applicable then my duty and my corporation’s duty to indemnify shall begin the moment said demand is made and in that event I agree to pay for all attorney fees, expert fees and deposition and other costs as they become due.
D – Agreement in General
This waiver and release of liability and indemnification agreement is INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER TENNESSEE LAW. If any portion of this agreement is determined to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the validity, legality and enforceability of any other provision hereof. This agreement shall be governed by and controlled by the laws of the State of Tennessee and the venue for any legal action of any nature shall be in the courts of Hickman County TN.
I UNDERSTAND THAT BY AFFIXING MY SIGNATURE TO THIS DOCUMENT I OR THE CORPORATION FOR WHOM I AM SIGNING AM EXPRESSING MY INTENTION TO WAIVE VALUABLE LEGAL RIGHTS THAT I OR THE CORPORATION NOW POSSESS OR MIGHT POSSESS IN THE FUTURE. I AM SIGNING THIS DOCUMENT OF MY OWN FREE WILL. I INTEND THAT THIS RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT SHALL BE BINDING ON ME AND MY CORPORATION AND ON ANYONE ELSE MAKING A CLAIM ON MY BEHALF. NO ORAL REPRESENTATION, STATEMENTS, OR INDUCEMENTS, APART FROM THE FOREGOING WRITTEN AGREEMENT, HAVE BEEN MADE; I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.
I EXECUTE THIS RELEASE ACKNOWLEDGING THAT PARTICIPATION IN THE FESTIVAL IS FULL, ADEQUATE AND COMPLETE CONSIDERATION FOR GIVING UP THE ABOVE LISTED RIGHT AND BEING FULLY BOUND BY THE ABOVE OBLIGATIONS.
