Selected Artists will be notified as soon as their application is approved via email before June 1, 2023.
Applicant must comply with all Indiana laws, including collecting and reporting sales tax when required. All vendors must have an Indiana Retail Merchant Certificate, if applicable, by Indiana Law and Department of Revenue.
Submission of this application in no way grants consideration, acceptance or occupancy at any Three Rivers Festival event or venue, without the express written consent in the form of a fully executed Three Rivers Festival License Agreement. Applicant certifies that all information submitted is true and accurate.
Applicant and applicant's employees, agents, successors and officers agree to indemnify and hold harmless the Three Rivers Festival Executive Board, Inc., its board members, officers, employees, agents, successors and assigns from any and all liability, claims, actions, demands, damages and expenses arising from the submission of this application.
THREE RIVERS FESTIVAL EXECUTIVE BOARD, INC.
EXHIBITOR LICENSE AGREEMENT
HeART of the City at Art in the Park 2023
This License Agreement (“Agreement”) is made and is effective this day, Date of Submission, by and between Three Rivers Festival Executive Board, Inc. ("Licensor"), and Business Name (“Licensee").
(A) License Area and Location. Licensor hereby grants to Licensee a non-transferable right and revocable permission for the temporary use of and right to occupy those certain premises (“the License Area") containing approximately Booth Size Select in Application , located in the Three Rivers Festival Art in the Park, Freimann Square Parking Lot.
(B) Term. The Term of Agreement will consist of: Saturday, July 8 through Sunday, July 9, 2023.
(C) Use. Licensee will use the License Area during the Term of this Agreement for the sole purpose of display and sale of items listed on application and for no other purpose whatsoever.
(D) Fixed Fee. The Fixed Fee for Licensee's use of the License Area are items selected on application.
(E) Payment Schedule. The Fee shall be paid as set forth above, and the other sums due to Licensor are to be paid by Credit Card, through the application software. The Fee will be applied to the Credit Card on file with the Festival at the time of application approval.
(F) Cancellation of Exhibit/Booth Space: All cancellations must be made in writing to rick@threeriversfestival.org. No refunds will be given within 45 days of the event (May 24, 2023). A refund, minus fees will be given prior to that date. Call the festival office, 260-426-5556, to confirm if you have not received a cancellation confirmation via email within two (2) business days from your initial email request.
(G) COVID-19 Related Refunds: Given uncertainties surrounding the current pandemic, it is possible that Three Rivers Festival will have to reduce the Festival footprint after it has sent out acceptances. If at any time an accepted artist/vendor who has paid booth fees is subsequently told by the Three Rivers Festival that they will not be able to participate due to a reduction in the Festival footprint, the booth fees for any such artist/vendor will be refunded minus application, jury, and /or late fees. If the Three Rivers Festival is cancelled due to the COVID-19 pandemic, you will be notified by festival staff as soon as the decision to cancel is made by the Board of Directors. Should the festival be canceled in 2023, you will receive a full refund of any paid booth fee, minus application and/or late fees. Your refund will be sent out no later than 90 days after you have been notified of the festival cancelation.
(H) Licensee further agrees that it shall, at its sole cost and expense:
1 At all times maintain the License Area in clean and safe condition, and on the expiration date of the Term of this Agreement, shall restore the License Area to clean condition.
2 At all times observe and comply with all laws, ordinances, rules, the securing of all permits and licenses, regulations and code requirements, as well as those of the Licensor. Licensee and its employees shall wear tasteful and appropriate attire at all times while in the License Area.
3. Indemnify and hold harmless. Licensor, its agents and/or beneficiaries and partners of beneficiaries, any employees and ground lessors from and against all liabilities, damages, penalties, claims, cost and expenses, including reasonable attorneys' fees which may arise in any manner out of the use or presence in the License Area.
4. Licensee shall not permit any hazardous material to be stored, kept, used or discharged in the License Area.
(I) Relocation. Licensee understands and agrees that the License Area may be relocated at any time at the discretion of, and without liability to the Licensor.
(J) Termination. Licensee understands and agrees that Licensee's rights under this agreement may be terminated for just cause, including but not limited to, health, safety or operational violations by Licensee, with no liability to Licensor. All fees paid, including security deposits, will be forfeited by Licensee, as liquidated damages.
(K) Hours of Operation. Licensee shall be open for business at the License Area minimum hours of 11:00 am until 7:00 pm Saturday, and 11:00 am until 5:00 pm Sunday, during the agreement term, regardless of weather.
(L) Default. Licensee will reimburse Licensor for all costs and expenses including reasonable attorney's fees which Licensor incurs in connection with the enforcement of this Agreement. Failure of Licensee to maintain insurance herein provided shall be a default under this Agreement, and in addition to any and all rights and remedies available to Licensor under this Agreement, Licensor shall have the right to immediately terminate this Agreement.
(M) Changes. No modifications to this agreement are permitted unless they are submitted in writing to the Three Rivers Festival office, and approved and signed by the Director of Operations.
(N) Notices. All notices or payments made pursuant to this Agreement will be to the location below.
(O) Holdover. At any time that Licensee occupies the License Area beyond the Term specified in Paragraph “B”, Licensee will be subject to all rules and conditions of this Agreement, including said insurance requirements and indemnification as requested herein. This Agreement shall not permit Licensee to remain in the License Area (“Holdover”) beyond the expiration of the Term hereof, without Licensor’s written consent. At the termination of this Agreement, Licensee agrees to yield up immediate and peaceable possession of the License Area, and failing to do so, to pay as liquidated damages a fee equal to One Hundred Dollars ($100.00) per day, automatically applied to the Licensee’s Credit Card on File with the Festival. Licensor or his legal representatives may at any time thereafter, without notice, remove, at Licensee’s expense, any persons and property occupying License Area, without prejudice to any remedies that might be otherwise used for breach of covenants.
(P) Assignment or Subletting. Licensee shall neither sublet the License Area or any part thereof, nor assign this Agreement, nor permit any transfer of Licensee’s interest, nor permit the use thereof for any purpose other than agreed in Paragraph “C”, without in each case the written consent of Licensor.
