Introduction:
By submitting the application and the non-refundable $750 fee, the Exhibitor 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 Exhibitor, participating for the purpose of showcasing information, services, or mission-based programming at the Festival. This Agreement outlines the terms under which the Exhibitor will participate in the 2025 Festival, scheduled for August 30–31, 2025. By submitting their application and paying the required fee, the Exhibitor acknowledges their commitment to these terms, contributing to the Festival’s atmosphere and community engagement efforts.
Vendor Presence and Compliance with Setup and Breakdown Instructions:
The Exhibitor 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 Exhibitor must adhere to all instructions provided by the Festival Organizer regarding the setup and breakdown of their exhibition space.
Setup Dates: Exhibitors 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 Exhibitor is required to clear their booth and all associated materials in a timely manner, ensuring a clean and orderly event space.
Safety and Emergency Protocols: Exhibitors 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 any health and safety guidelines established 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 Exhibitor shall pay a non-refundable flat fee of $750 to participate in the 2025 Festival. This fee covers the cost of exhibiting for both days of the event.
No additional commissions or payments are required. This fee is not contingent on any sales activity and is applicable regardless of exhibit type or content.
Facilities and Equipment Provision
Each Exhibitor will be provided with a 10’ x 10’ canopy tent, along with basic lighting and access to a standard power source as part of their participation fee. Tables and chairs are not included, but may be rented from the Festival Organizerfor an additional fee, if requested in advance.
Exhibitors are responsible for bringing any additional display materials or equipment needed for their booth. All setup must be safe, stable, and compliant with any applicable local regulations or guidelines provided by the Festival Organizer.
ADA Compliance:
In alignment with the John Coltrane International Jazz and Blues Festival’s commitment to inclusivity, Exhibitors are required to adhere to the Americans with Disabilities Act (ADA) guidelines and make all reasonable accommodations for individuals with disabilities. Exhibitors must ensure that their booths and activities are accessible to all festival guests.
The Exhibitor is expected to:
Provide accommodations for individuals with mobility, visual, or auditory impairments, including offering assistance upon request.
Make reasonable efforts to assist individuals with other specific needs to ensure full participation in the Festival experience. This may include adjusting displays, offering information in accessible formats, or providing verbal descriptions of materials.
By complying with these requirements, the Exhibitor helps foster an inclusive environment where all festival guests, regardless of ability, can enjoy and engage with the Festival.
Intellectual Property Rights:
The Exhibitor acknowledges that Friends of John Coltrane, Inc. 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 Exhibitor is granted a limited, non-exclusive license to use such intellectual property solely for promoting their participation in the Festival. Any use of the Festival’s logos, name, or branding must be pre-approved in writing by the Festival Organizer prior to use. This includes, but is not limited to, printed materials, online promotion, signage, or co-branded content.
Exhibitors may not use, reproduce, distribute, or display the Festival’s intellectual property in any manner beyond the scope of participation in the 2025 Festival without express written permission.
Additionally, Exhibitors are strictly prohibited from producing or distributing any items—including giveaways, displays, or printed materials—that use the Festival’s name, the name John Coltrane, or the word Coltrane without prior written approval. This prohibition helps ensure a consistent brand experience and protects the Festival’s rights.
Unauthorized use of Festival intellectual property may result in revocation of participation privileges, cancellation of this Agreement without refund, and may subject the Exhibitor to legal action and liability for damages.
Cancellation Policy:
If the Exhibitor cancels their participation in the Festival for any reason, the following terms shall apply:
1. Forfeiture of Fees: The Exhibitor will forfeit all fees paid to the Festival Organizer upon cancellation. This includes the full $750 participation fee, regardless of the timing or reason for the cancellation. No refunds will be issued for cancellations, whether voluntary or due to unforeseen circumstances.
2. Future Participation: Cancellation by the Exhibitor may result in disqualification from participating in future events hosted by 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:
1. Refund of Fees: The Festival Organizer will refund all participation fees paid by the Exhibitor.
2. Non-Reimbursement of Other Costs: The Festival Organizer will not reimburse the Exhibitor for any other costs incurred in preparation for the Festival, such as travel, accommodations, or display materials.
3. Notification Process: The Festival Organizer will notify all registered Exhibitors promptly in the event of a cancellation.
By agreeing to these terms, the Exhibitor acknowledges and accepts this refund policy in the event of Festival cancellation.
Indemnification:
The Exhibitor agrees to indemnify, defend, and hold harmless Friends of John Coltrane, Inc., 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 Exhibitor’s participation in the John Coltrane International Jazz and Blues Festival. This includes, but is not limited to, claims related to the Exhibitor’s display, operations, conduct, breach of this Agreement, or actions taken by the Exhibitor or their employees, agents, or subcontractors.
The Exhibitor’s obligation to indemnify will also apply to any claims arising from:
Injury or damage to any person or property caused by the Exhibitor’s booth setup, equipment, or on-site activities.
Violation of local, state, or federal laws in the course of the Exhibitor’s participation in the Festival.
Failure to comply with any Festival Organizer rules, safety protocols, or venue regulations.
The Exhibitor’s obligation to indemnify will survive the expiration or termination of this Agreement.
Insurance:
The Exhibitor 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 Exhibitor 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 obligations under this Agreement shall be suspended during the period of delay caused by the Force Majeure Event and will resume as soon as reasonably possible after the event concludes.
If the duration of the Force Majeure Event extends beyond the scheduled dates of the Festival, either party may terminate this Agreement by providing written notice to the other, without further liability. In such case, the Exhibitor will receive a refund of any participation fees paid for the affected period. However, the Festival Organizer will not be responsible for reimbursing any additional costs incurred by the Exhibitor, such as travel, accommodations, or materials prepared for the event.
Non-Exclusivity Agreement:
By entering into this Agreement, both the Festival Organizer and the Exhibitor acknowledge and agree that this contract does not create an exclusive relationship between them. The Exhibitor is free to participate in other events, festivals, or exhibitions, provided that such participation does not conflict with the specific terms of this Agreement or interfere with the Exhibitor’s obligations during the Festival.
Likewise, the Festival Organizer reserves the right to engage with other Exhibitors, organizations, and partners, including those presenting similar themes or topics. This clause ensures that both parties retain the freedom to explore other opportunities and collaborations without restriction.
Penalty for Non-Compliance:
The Exhibitor acknowledges that compliance with all terms of this Agreement is essential to the smooth and successful operation of the Festival. In the event of non-compliance, the following consequences may apply:
Booth Setup and Aesthetic Standards: If the Exhibitor does not adhere to booth setup or aesthetic guidelines as outlined by the Festival Organizer, they may be required to make immediate adjustments at their own expense. Continued failure to comply with setup or safety standards may result in removal from the event without a refund of any fees.
Failure to Maintain Engagement and Professionalism: Exhibitors are expected to maintain a welcoming, informative, and professional presence throughout Festival hours. Disengagement, abandonment of the booth, or inappropriate conduct may result in removal from the Festival and forfeiture of fees.
Non-Compliance with Schedule: If the Exhibitor fails to be present during required Festival hours or disregards the setup and breakdown schedule, they may be denied participation and forfeit all fees. Additionally, they may be disqualified from participation in future events hosted by the Festival Organizer.
Violation of Rules, Protocols, or Local Regulations: Any violation of Festival rules, local regulations, or safety protocols—especially those concerning accessibility, behavior, or exhibitor responsibilities—may result in the Exhibitor being asked to leave the Festival, with no refund of fees and potential disqualification from future participation.
Other Breaches: Any other violation of this Agreement, including disrespectful conduct toward guests, staff, or fellow participants, or failure to cooperate with Festival directives, may result in immediate removal and forfeiture of participation fees.
Contract Execution:
This Agreement becomes effective once the Exhibitor submits their application, is accepted by the Festival Organizer, and the non-refundable $750 participation fee is successfully charged to the submitted payment card.
Upon approval, the Exhibitor will receive a confirmation of acceptance into the Festival. The Exhibitor will also be provided with a booth location, which is subject to change based on final site planning and logistical needs determined by the Festival Organizer.
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 exhibitor participation, and ensures compliance with the terms of this Agreement.
Exhibitor:
“Exhibitor” refers to any individual, business, or organization approved to present, demonstrate, or display information, services, or materials without engaging in direct sales during the Festival. Exhibitors 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 2025 Festival will take place on August 30–31, 2025, and will feature live music performances, cultural activities, and community engagement experiences.
Booth:
“Booth” refers to the designated 10’ x 10’ tented space assigned to each Exhibitor at the Festival. The booth is intended for showcasing the Exhibitor’s display and materials. Exhibitors are responsible for the setup, maintenance, and appearance of their booth in accordance with Festival standards.
Booth Location:
“Booth Location” refers to the specific area within the Festival grounds where the Exhibitor’s booth will be placed. The Festival Organizer reserves the right to make changes to booth locations as necessary for logistical or operational reasons.
Festival Schedule:
“Festival Schedule” includes all designated times for Exhibitor activity, including setup, public exhibition hours, and breakdown. Setup will be available on August 29–30, and breakdown will occur following the conclusion of the Festival on August 31, 2025.
Exhibitor Fee:
“Exhibitor Fee” refers to the non-refundable $750 fee paid by each Exhibitor for participation in the 2025 Festival. This fee covers the cost of booth space, tent, lighting, and power, and does not include any commission-based structure.
- Event Protocol:
“Event Protocol” refers to the rules, guidelines, and operational procedures set forth by the Festival Organizer. This includes compliance with setup and breakdown schedules, health and safety regulations, conduct expectations, and any other directives necessary for the smooth operation of the Festival. - Festival Merchandise:
“Festival Merchandise” refers to any goods branded with the Festival’s name, logos, artwork, or official marks. The sale or distribution of such merchandise is prohibited for Exhibitors, unless explicitly authorized in writing by the Festival Organizer.
