2023 Beaufort Music Festival Rules and Regulations APPLICATION AND PAYMENT:• Please call 252-342-9801 or email karen@beaufortartsmusic.org with any questions.• Vendors will pay a flat fee of $200 total for both days.• Once you are approved as a vendor, the $200 fee is automatically deducted.• No refunds will be given. VENDOR PARTICIPATION:• Official setup times and spaces will be determined closer to the event. You will be notified with ample time to prepare accordingly. ***Approximate times of festival are 4:30pm - 11pm on May 19, 2023 and 11 am - 11pm on May 20, 2023. You will need to be completely set up and ready to go at least 30 minutes before opening of the festival each day. Booths shall remain attended for the duration of the festival hours.• Vendors must not leave until the end of determined timeframe except in cases of emergency.• No vehicle movement once the show starts, during show, or until all patrons have left the concert premises. Please notify the Festival Owners (Beaufort Arts and Music, Inc) or Affiliates if you must leave before the end of festival hours due to an emergency - dependent on allotted timeframe.• Beaufort Arts and Music, Inc is not responsible for any lost or stolen items.• Festival needs to be able to contact you in a timely manner so please be sure you provide the best means of communication for this purpose or otherwise you will forfeit your space at the festival. VENDOR SPACES AND PRODUCT:• No unapproved signage permitted outside of your assigned area.• Beaufort Arts and Music, Inc reserves the right of placement for all vendors.• Any demonstration or activity that causes annoyance to neighboring vendors such as flashing lights, noise, or result in the obstruction of walk space in the front or back of booth will not be permitted.• No firm or organization not assigned an event space will be permitted to solicit business within the event areas - non-transferable agreement.. ORDINANCES:• Fire regulations, health and other applicable ordinances must be observed. It is solely the vendors’ responsibility to comply with all applicable fire, health and other codes and ensure they are observed. You must submit a copy of your health code certificate upon approval notification for the festival. PROPANE:• Vendors are required to abide by all fire safety laws set by the state, city and county fire departments. Vendors are responsible for having required fire extinguishers, tanks and hoses. SALE OF PRODUCT:• We are moving towards becoming a cashless event and are taking steps to be setup in an all digital fashion. While we might not get all facets in place for 2023, they will be in place by 2024. Prior to this year's festival, there might be some changes in how you accept payments at your booth, but nothing will change this year in terms of the fees you pay to vend at the festival.• Vendors are responsible for all transactions, sales tax, and personal transaction needs.• Only products on the application can be sold.• Vendors are prohibited from altering menu items or prices throughout the duration of the event.• Please ensure that all menu items are spelled correctly and listed on the application.• The items listed on the application will be used to settle any disputes between Festival Owner and Vendor regarding menu items and prices. BEVERAGES:• A request to sell beverages must be submitted in writing for approval to Festival Owners.• Festival Owners reserve the right to approve or deny any beverage sales by the vendor.• Vendors may not give away beverages as part of any offer to its customers. SINGLE USE PLASTICS – NO EXCEPTIONS:• Beverages in plastic bottles will not be permitted or sold on festival grounds.• Vendors must adhere to minimal use of plastics, to be approved by the festival.• Vendors will provide a detailed list of the plates, utensils, etc. being used for providing food to festival patrons. Such items will be considered before vendor approval. POWER:• Please list your power needs in the entry form as requested. Once all power needs are assessed, we will position you accordingly at the festival site. BREAKDOWN AND CLEANING:• Disposing of any oils or coal is the responsibility of the vendor. Must be taken off the premises and disposed of safely by the vendor.• Vendor must responsibly dispose of grey water in a grey water tank.• Space must be free of litter and/or food debris upon departure from the festival. These actions shall be considered a material breach in which case vendor will lose the right to their assigned space and will be escorted off the event site. The vendor may be subject to additional fees if the infractions total more than the entirety of the security and cleaning deposit. LIABILITY:• Beaufort Arts and Music, Inc., nor respective contractors, directors, officers, managers, members, employees, affiliates, licensees, designees, representatives, and corporate sponsors will be responsible for any injury, loss nor damage that may occur to the vendors' employees, agents, contractors, representatives, or property from any cause whatsoever.• It is the vendors' responsibility to protect machinery, perishables, and exhibits so that no injury will result to the public visitors, guests, or persons, or property.• If property does not appear to be properly maintained upon inspection by Festival Owners or Affiliates, it will be promptly withdrawn from the event site.• All property of the vendor, including foodstuffs and other perishables is understood to remain in vendor's care, custody, and control in transit to, from, or within the confines of the event area subject to the Agreement.• The vendors, on signing the Agreement expressly release, hold, keep, save harmless and indemnify the foregoing persons and entities, named organizations and committees, and individuals from all claims for such a loss, damage, or injury.• Vendors must carry appropriate insurance through carriers at a minimum of $1,000,000.00 and shall deliver to Beaufort Arts and Music, Inc by email to karen@beaufortartsandmusic.org, copies of all such policies of insurance and/or certificates within a week of receiving approval notification for the festival. INSURANCE:• Vendor must obtain, carry, and keep in full force and effect appropriate insurance, including but not limited to (a) general liability insurance with limits of $1,000,000 per occurrence and $1,000,000 in the aggregate, (b) automobile liability coverage in the amount of $1,000,000 for owned or non- owned vehicles, and (c) either (i) workers compensation coverage or, (ii) if it has no coverage, then(1) proof of any waiver required by applicable law by each employee of Vendor regarding the absence of workers compensation coverage and (2) Vendor hereby agrees to indemnify Beaufort Arts and Music, Inc. Parties for all liability to Beaufort Arts and Music, Inc. Parties arising from the absence of such coverage. All such insurance policies must be issued by a qualified A- VII or better carrier as rated by A.M. Best, Inc. Vendor must provide Beaufort Arts and Music, Inc. with certificates evidencing all such insurance no later than ten days prior to the date of the Festival. Concurrently with the execution of this Agreement, and at such other times as reasonably requested by Beaufort Arts and Music, Inc., Vendor shall deliver to Beaufort Arts and Music, Inc. a Certificate of Insurance which will name Beaufort Arts and Music, Inc. as additionally insured. The certificate should name the following entity and their respective affiliates as additional insureds thereunder: Beaufort Arts and Music, Inc., PO Box 459, Beaufort, NC 28516 FORCE MAJEURE:• In case of cancellation of the Festival or unavailability of space at the Festival sufficient for Vendor’s purposes due to a Force Majeure Event, the Vendor’s sole remedy will be to receive a refund from Beaufort Arts and Music, Inc. of all amounts paid by Vendor to Beaufort Arts and Music, Inc. as of the date the decision to cancel the Festival is made or the date Beaufort Arts and Music, Inc. notifies Vendor that space will not be available due to a Force Majeure Event (in either case, the “Determination Date”), in both cases less any expenses already incurred by Beaufort Arts and Music, Inc. in preparation for the Festival allocable to the booth assigned to Vendor, which Beaufort Arts and Music, Inc. agrees to pay to Vendor within ten business days after the Determination Date. GOVERNING LAW:• This agreement shall in all respects be governed by the law of the State of North Carolina. RULES AND REGULATIONS:• If any vendor does not follow the terms of this Agreement, set by Festival Owners, this contract may be terminated.• In the event of a default by the vendor, the vendor shall forfeit as liquidated damages the amount paid by the vendor for the event space, regardless of whether or not Festival Owner enters into a further lease for the event space involved.
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