Introduction:
By submitting the application and the non-refundable $800 fee, the Vendor agrees to the terms outlined below. This Agreement is between Friends of John Coltrane, Inc., hereinafter referred to as the Festival Organizer, a nonprofit organization hosting the John Coltrane International Jazz and Blues Festival (JCIJBF) in High Point, North Carolina, and the Vendor, engaged in the sale of goods or services at the Festival. This Agreement outlines the terms under which the Vendor will participate in the 2025 Festival, scheduled for August 30-31, 2025. By submitting their application and paying the required fee, the Vendor acknowledges their commitment to these terms, contributing to the Festival’s atmosphere while gaining access to a diverse and engaged audience.
Vendor Presence and Compliance with Setup and Breakdown Instructions:
The Vendor agrees to maintain a continuous presence throughout the entire duration of the Festival, from opening to closing each day, as specified in the Festival schedule. The Vendor must adhere to all instructions provided by the Festival Organizer regarding the setup and breakdown of their vending area.
Setup Dates: Vendors must arrive on August 29th or August 30th, with exact arrival times to be scheduled with the Festival Organizer in advance. Detailed setup instructions will be provided prior to the event.
Breakdown: Breakdown will take place immediately following the conclusion of the Festival on August 31st. The Vendoris required to clear their booth and all associated materials in a timely manner, ensuring a clean and orderly event space.
Safety and Emergency Protocols: Vendors are required to comply with all safety protocols and emergency procedures as outlined by the Festival Organizer. This includes but is not limited to evacuation routes, fire safety measures, and other health and safety guidelines set by local authorities.
Failure to comply with these instructions may result in immediate termination of this Agreement and forfeiture of any fees paid to the Festival Organizer.
Food Truck Fee and Sales Commission:
The Vendor shall pay a non-refundable fee of $800 to participate in the 2025 Festival. This fee covers the cost of the vending for two days.
In addition to the fee, the Vendor agrees to pay a 10% commission on gross sales made during the Festival. The total amount due to the Vendor for sales, minus the applicable commission, will be paid within 10 business days following the event.
RFID System Compliance:
The Vendor agrees to utilize the Point of Sale (POS) system integrated with Radio-Frequency Identification (RFID) provided by the Festival Organizer for all sales transactions during the event. The POS system will accept Visa, Mastercard, American Express, Discover, and mobile tap-payment types such as Apple Pay and Google Pay, in addition to RFID wristband payments. Festival attendees may use any of these payment methods, which must be scanned by the Vendor using the provided handheld RFID reader to accurately record sales.
The Vendor is prohibited from conducting sales outside this system. Any alternative payment methods (e.g., Venmo, CashApp, PayPal) must not be displayed or used at the Vendor’s booth. The Festival Organizer will provide technical support onsite. The Vendor must immediately report any issues with the POS system to the technical support team for resolution.
Product Quality and Compliance:
The Vendor agrees to maintain the highest quality of products and services in compliance with all applicable laws, regulations, and standards. This includes ensuring that all items sold meet local and state regulations. The Vendor is responsible for maintaining the integrity and safety of their products throughout the Festival and for ensuring that any items sold are presented in a manner that aligns with the Festival’s standards.
The Vendor must ensure that all products sold are properly displayed and safely handled during the Festival. All merchandise must comply with local safety regulations, and the Vendor must provide any required documentation for items sold, including any applicable permits or certifications.
The Vendor agrees to address any customer complaints related to their products or services promptly and professionally. The Vendor will also notify the Festival Organizer of any significant customer complaints regarding their goods or services.
Tax Compliance:
The Festival does not collect or remit taxes on behalf of the Vendor. It is the responsibility of the Vendor to ensure that they comply with all applicable local, state, and federal tax regulations. Vendors are required to obtain any necessary permits or licenses for tax purposes and to remit any sales tax owed on products sold during the Festival directly to the appropriate taxing authorities.
Facilities and Equipment Provision
Food trucks must be fully self-contained and self-service. The Festival does not provide electricity, ice, or water. Vendors are responsible for supplying all necessary equipment to operate their truck safely and in compliance with local regulations.
ADA Compliance:
In alignment with the John Coltrane International Jazz and Blues Festival’s commitment to inclusivity, Vendors are required to adhere to the Americans with Disabilities Act (ADA) guidelines and make all reasonable accommodations for individuals with disabilities. Vendors must ensure that their booths and services are accessible to all festival guests.
The Vendor is expected to:
Provide provisions for individuals with mobility, visual, or auditory impairments, such as offering assistance upon request.
Accommodate individuals with other specific needs as reasonably requested, including but not limited to assistance with transactions or other accommodations necessary for full participation in the Festival experience.
By complying with these requirements, the Vendor contributes to creating an inclusive environment where all festival guests, regardless of ability, can enjoy and engage in the festivities.
Intellectual Property Rights:
The Vendor acknowledges that the Friends of John Coltrane owns all intellectual property rights associated with the John Coltrane International Jazz and Blues Festival, including but not limited to logos, branding materials, and other proprietary marks. The Vendor is granted a limited, non-exclusive license to use such intellectual property solely for promoting and conducting their activities within the scope of the Festival. This license is conditional upon the Vendor’s receipt of written approval from the Festival Organizer for any specific uses of the Festival’s intellectual property, which must be requested and approved in advance.
The Vendor agrees not to use, reproduce, distribute, or display the Festival’s intellectual property in any manner beyond the scope of the event without further written permission from the Festival Organizer.
In addition, Vendors are prohibited from using the Festival’s intellectual property, including the Festival’s name, John Coltrane, or Coltrane, on any items for sale at their booths. This prohibition includes the creation or sale of Festival-branded merchandise or any items featuring the Festival’s name or likeness, as well as using John Coltrane or Coltrane. The goal of this prohibition is to avoid competition with the Festival’s official merchandise and ensure a cohesive brand experience. Unauthorized use of the Festival’s intellectual property will result in immediate revocation of this license and may subject the Vendor to legal action and liability for damages.
Cancellation Policy:
Vendor Cancellation:
If the Vendor cancels their participation in the Festival for any reason, the following terms shall apply:
- Forfeiture of Fees: The Vendor will forfeit all fees paid to the Festival Organizer upon cancellation. This includes any registration, booth, or operational fees, regardless of the timing or reason for the cancellation. No refunds will be issued to the Vendor for cancellations, whether voluntary or due to unforeseen circumstances.
- Future Participation: Cancellation by the Vendor may result in disqualification from participating in future events hosted by the Friends of John Coltrane. The Festival Organizer reserves the right to make this determination based on the circumstances surrounding the cancellation.
Festival Cancellation:
In the event that the Festival is canceled by the Festival Organizer due to unforeseen circumstances, including but not limited to, acts of God, natural disasters, government restrictions, or any other Force Majeure Event, the following refund policy will apply:
Refund of Fees: The Festival Organizer will refund all fees paid by the Vendor for participation in the Festival.
Non-Reimbursement of Other Costs: The Festival Organizer will not reimburse the Vendor for any other costs incurred in preparation for the Festival, such as travel expenses, accommodation fees, or costs associated with procuring inventory or equipment.
Notification Process: The Festival Organizer will notify all registered vendors promptly in the event of a cancellation.
By agreeing to these terms, the Vendor acknowledges and accepts the refund policy in the event of Festival cancellation.
Indemnification:
The Vendor agrees to indemnify, defend, and hold harmless the Friends of John Coltrane, its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, losses, damages, expenses, and costs (including attorney’s fees and court costs) arising from or related to the Vendor’s participation in the John Coltrane International Jazz and Blues Festival. This includes, but is not limited to, claims related to the Vendor’s products and services, operations, breach of this Agreement, or actions taken by the Vendor or its employees, agents, or subcontractors.
The Vendor’s obligation to indemnify will also apply to any claims arising from:
Injury or damage to any person or property caused by the Vendor’s booth setup, products, or services.
Disputes over sales transactions made by the Vendor.
Any breach of local, state, or federal laws in the course of the Vendor’s activities during the Festival.
The Vendor’s obligation to indemnify will survive the expiration or termination of this Agreement.
Insurance:
The Vendor is responsible for ensuring they have adequate insurance coverage for their business operations and booth setup. The Festival Organizer is not responsible for any damages or losses incurred by the Vendor during the event.
Event of Force Majeure:
Neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its control, including but not limited to, acts of God, weather conditions, natural disasters, pandemics, government restrictions, war, terrorism, strikes or labor disputes, embargoes, or transportation disruptions (“Force Majeure Event”).
Upon the occurrence of any Force Majeure Event, the affected party must promptly notify the other party, detailing the nature of the event and any anticipated delay in performance. The affected party’s performance under this agreement shall be suspended during the delay caused by the Force Majeure Event and will resume as soon as reasonably possible after the event has concluded.
In the event that the duration of the Force Majeure Event extends beyond the duration of the Festival, either party may terminate the Agreement upon written notice to the other party, without any further liability, and the Vendor will receive a refund of any fees paid for the period that is impacted by the Force Majeure Event. However, any costs incurred by the Vendor for preparation, including inventory, transportation, travel, or other event-related expenses, will not be reimbursed.
Non-Exclusivity Agreement:
By entering into this Agreement, both the Festival Organizer and the Vendor acknowledge and agree that this contract does not establish an exclusive relationship between them. The Vendor retains the right to enter into similar agreements or partnerships with other entities, including other festivals, events, or venues, as long as they do not conflict with the specific terms of this Agreement or the Festival’s core operations. Similarly, the Festival Organizer reserves the right to work with other vendors, including those offering similar products or services, and establish business partnerships with other organizations and suppliers. This ensures both parties the freedom to pursue opportunities and collaborations without restriction.
Penalty for Non-Compliance:
The Vendor acknowledges that compliance with all terms of this Agreement is essential to the smooth operation of the Festival. In the event of non-compliance, the following penalties may apply:
Failure to Use the RFID System: If the Vendor conducts sales outside of the Festival’s RFID system or fails to use the system correctly, the Vendor will forfeit all fees paid to the Festival Organizer, including any registration or booth fees, and will forfeit any payouts from sales made through the RFID system. This includes, but is not limited to, failure to scan transactions properly, use of alternative payment methods (such as Venmo, CashApp, PayPal) at the point of sale, or failure to comply with payment processing requirements.
Booth Setup and Aesthetic Standards: If the Vendor does not adhere to booth setup and aesthetic standards as outlined by the Festival, they may be required to make immediate adjustments at their own expense. Continued failure to comply with booth setup requirements, including safety regulations and visual appeal, may result in the vendor’s removal from the event, without refund of any fees.
Failure to Maintain Product Quality and Compliance: If the Vendor sells products or services that do not meet the required quality standards, violate applicable regulations, or fail to comply with the Festival’s guidelines (e.g., unsafe products or improper handling), the Vendor may be subject to removal from the Festival without refund of fees.
Non-Compliance with Event Schedule: If the Vendor fails to be present at the event during the required hours or does not follow the setup and breakdown schedule provided by the Festival, they may not be allowed to participate and will forfeit all fees paid. Additionally, the Vendor may lose the right to participate in future events.
Other Breaches: Any other violation of the terms of this Agreement, including but not limited to failure to comply with event protocols, disrespectful behavior towards guests or other vendors, or failure to comply with health and safety requirements, may result in the Vendor being asked to leave the event, forfeit their fees, and potentially be barred from future participation.
Contract Execution:
This Agreement becomes effective when the Vendor submits the application, is accepted and is charged the $800 non-refundable fee, and the Festival Organizer approves the application. Upon approval, the Vendor’s submitted payment card will be charged the $800 fee, and the Vendor will be notified of their acceptance into the Festival. The Vendor will also be provided with their booth location, which is subject to change based on the Festival Organizer’s final arrangements.
Definitions:
Festival Organizer:
“Festival Organizer” refers to Friends of John Coltrane, Inc., a nonprofit organization responsible for hosting the John Coltrane International Jazz and Blues Festival. The Festival Organizer coordinates the event, manages vendor relationships, and ensures compliance with the terms of this Agreement.
Vendor:
“Vendor” refers to any individual, business entity, or organization authorized to sell goods, services, or products at the Festival. Vendors are required to adhere to the terms and conditions outlined in this Agreement.
Festival:
“Festival” refers to the John Coltrane International Jazz and Blues Festival, an annual event held in High Point, North Carolina. The Festival will take place on August 30-31, 2025, and will feature live music performances, cultural activities, and a marketplace of various vendors.
RFID System:
The “RFID System” refers to the Festival’s Radio-Frequency Identification technology integrated with a Point of Sale (POS) system for tracking sales transactions and providing access control for attendees. This system includes RFID wristbands for attendees, which can be used for purchasing items at vendor booths, and RFID readers provided to vendors for processing transactions.
Gross Sales:
“Gross Sales” refers to the total revenue generated by the Vendor from all sales transactions during the Festival, before any deductions for taxes, discounts, returns, or other adjustments. This includes all products sold, whether by cash, credit card, RFID wristband payment, or any other accepted payment method.
Booth:
“Booth” refers to the designated space assigned to the Vendor at the Festival for the sale and display of their products and services. The booth includes a 10’x10’ tent. The Vendor is responsible for setting up and maintaining the booth’s appearance and ensuring it meets safety and aesthetic standards as outlined in the agreement.
Booth Location:
“Booth Location” refers to the designated space within the Festival grounds where the Vendor will set up their booth. The Festival Organizer reserves the right to change the booth location at any time prior to the Festivalopening, based on logistical or operational needs.
Festival Schedule:
“Festival Schedule” includes all designated times for Vendor operations, including setup, operating hours, and breakdown times. Setup will be available on August 29-30, and breakdown will occur at the conclusion of the Festival on August 31, 2025.
Vendor Fee:
“Vendor Fee” refers to the non-refundable fee paid by the Vendor for the right to sell goods or services at the Festival. The fee for 2025 is $800, plus a 10% commission on all Gross Sales made during the event.
POS System:
“POS System” refers to the Point of Sale system provided by the Festival Organizer, which includes both hardware and software for processing sales transactions. This system accepts various payment methods, including Visa, Mastercard, American Express, Discover, and mobile tap-payment types such as Apple Pay and Google Pay.
Event Protocol:
“Event Protocol” refers to the set of rules, guidelines, and operating procedures set forth by the Festival Organizer for all Vendors during the Festival. This includes compliance with event hours, health and safety regulations, booth setup and breakdown times, and any other directives necessary to ensure a smooth and successful event.
Festival Merchandise:
“Festival Merchandise” refers to any goods that are branded with the Festival’s logos, artwork, or any other official marks related to the Festival. The sale of these items is exclusive to the Festival Organizer and vendors are prohibited from selling or distributing merchandise that includes any of the Festival’s intellectual property without prior written approval.
