This agreement is entered into by & between Festival Productions (Producer), the sponsor of the event (Client) and the artist, employee, authorized representative, agent, etc. of the organization or business filling out, “signing”, returning this application and/or participating in the event (Vendor). This agreement will bind all employees, agents and servants of the Vendor.
Accepting the terms and conditions contained in this agreement does not guarantee the vendor any right to participate in a particular event(s). Vendors must receive an ACCEPTED status and pay for the space before being guaranteed a space.
Producer agrees to provide 10’ W x 10’ D x 15’ H assigned spaces in the event to which the vendor has been authorized to participate in and has paid the full space fee. The specific characteristics of the space for each event are provided under the description of each event in the calendar section of the website and in the set up instructions posted for each event on the Monday before the weekend of the event. Producer may also offer non-traditional space configurations with the same restrictions as outlined below.
USE OF ASSIGNED SPACE
If you have been accepted into a particular event, it is based on the sale of specific items and/or conducting specific activities within the assigned space as provided by the pictures you submitted and the written description of activities you provided with the application. You understand that during the festival(s) your work or activity will be checked against the photos and descriptions that you have provided with your application and that if the items are different or the activity differs in any way from the description provided, you can be removed from the festival(s) and forfeit all fees paid. Any use of the area beyond the assigned space or activity that impacts the area beyond the assigned space is prohibited without the expressed written authorization of Producer. Please refer to the GENERAL INFORMATION ALL FESTIVALS section of this website for more specific information regarding the prohibition on use of the area beyond the assigned space.
I agree to abide by all rules and regulations of the Producer and Sponsor contained in this agreement, the GENERAL INFORMATION ALL FESTIVALS document, and the laws of the event city and State of California.
All space fees are listed by category under each event in the calendar section. A full description of each category is contained in the HOW TO APPLY FOR AN EVENT section of this site. Once your application has been juried and the status has been changed to ACCEPTED, space fees can be paid by VISA, MASTERCARD (We do not accept other credit cards or PayPal.), business or personal check or cashier’s check or postal money order only. Once your application has been accepted, you have 10 days to pay the space fee. When paying by check, the payment must arrive within 10 days of the acceptance date. If you are paying for multiple events, please include a breakdown of the events and the amount you are paying. Festival Productions is not responsible for post office delays or mail that is not delivered.
We do not accept personal or business checks within two weeks of the event.
VENDOR INITIATED CANCELLATION POLICY
Application processing fees are not refundable. Accepted artists that wish to cancel their application more than 60 days prior to the event may receive a refund of the fees paid minus 25% of the total space fee listed for the event including any corner space surcharges. There are no refunds of space fees available for artists cancelling their application within 60 days of the event, regardless of whether the Producer fills the space or not. Fees paid for the rental of equipment (booths, tables, and chairs) will be fully refunded as long as the cancellation notice is communicated more than seven days before the event.
ACTS OF NATURE CANCELLATION POLICY
All shows go on regardless of weather conditions, so plan your set up accordingly. There is no contingency plan or alternate day to reschedule the event. If, due to acts of nature beyond the control of the Producer or Sponsor, natural conditions (such as wind, rain, earthquakes, fire, etc.) make it impracticable or dangerous to continue to operate the event, producer, sponsor, or public safety officials have the right to cancel any portion of or the entire event. If the event is closed, the producer and sponsor are excused from providing spaces and are not required to provide any refund of the fees collected or reimburse vendors for any costs incurred to participate in the event.
I have read, understand, and accept the terms contained in the VENDOR INITATED CANCELLATION POLICY and the ACTS OF NATURE CANCELLATION POLICY. If I cancel my participation in the event, I am only entitled to a refund of the fees paid based on the above stated policy.
INDEMNIFICATION & HOLD HARMLESS AGREEMENT
Producer is in the business of providing space at an event for the display and sale of art, crafts, merchandise or services or the promotion of a business or organization during the course of the festival season (March 1st to December 30th). Producer and Client do not participate in the construction, assembly or placement of the individual Vendor's exhibit. Producer, on behalf of the Client, provides space only at the event. The Vendor hereby indemnifies and holds the Producer, it's agents, employees and servants and the Client, it's agents, employees and servants harmless from any and all claims, including costs and attorney's fees resulting there from, arising out of said Vendor's participation in any and all events which have been organized by or through Producer or Client. For the purpose of this agreement, the term “participation” shall include, but not be limited to, the delivery of equipment, merchandise, structures and arts or crafts to their designated location, the set up and display of any such structure and arts or crafts, and the dismantling and removal of all such items from the area provided by or through the Producer or it's agents, employees, and servants or the Client or it's agents, employees and servants.
The Vendor hereby expressly assumes any risk of harm to the Vendor arising out of their participation and the participation of other vendors or agents in any given festival organized by Producer or Client including risk resulting from the particular location of the space designated for them by the Producer. This agreement shall be effective immediately upon execution and shall continue in effect for each and every festival that the Vendor participates in that is organized by the Producer.
I understand and agree to all of the above terms and conditions and those contained in the GENERAL INFORMATION ALL FESTIVALS and the HOW TO APPLY FOR AN EVENT section of this website,.