It will be used on our website. EventsatForager.com
FORAGER MAKERS’ FAIRE PARTICIPATION AGREEMENT
Below is our Participation Agreement, please read carefully before agreeing to our terms and conditions regarding your application and participation in the Fair(s). You will be asked to submit your electronic signature at the bottom of the agreement.
THIS AGREEMENT, dated as of January 1, 2019, is between Forager Tasting Room and Eatery (“Forager”) and the signatory at the end of this agreement (“Participant”). Participant will be applying to participate FORAGER MAKERS’ FAIRE on the date(s) selected above (the “Event(s)”). This Agreement must be signed by Participant and submitted to Forager upon completion of the Application. These terms apply to each Event that Participant is selected for. Participant and its agents, employees, personnel, and/or independent contractors who participate in the Event agree to be bound to this Agreement. The terms of this Agreement, including any permissions, consents, and waivers, irrevocably inure to the benefit of Forager, its affiliates, its successors, and Event co-producers and sponsors.
1. Safety: If accepted to participate in the Event, Participant will act with the highest regard for the safety of the attendees and other participants of the Event, and Participant (and its employees, representatives, and contractors) will adhere to all laws, policies, rules, and regulations applicable to the goods, services, and other Event-related activities of Participant, including obtaining all licenses, permits, and approvals that may be required to enable Participant to conduct its activities at the Event and to fulfill its obligations under this Agreement.
2. Liability: Forager will not be responsible for any loss or damage to Participant’s property, injury to, or death of the Participant (or its employees, representatives, and contractors), or Participant sales. Participant expressly assumes all risks of loss, damage, liability, injury, or destruction resulting from any cause whatsoever, including but not limited to acts or omissions by Participant, and hereby releases and waives any claims against Forager (and its employees, representatives, and contractors) related to such loss, damage, liability, injury, and/or destruction.
3. Insurance: Participant represents that it has, or will have at the time of the Event, appropriate insurance to cover liability for the types of activities Participant will conduct at the Event. Participant covenants to be fully responsible for any of its liabilities, actions, or omissions, and will indemnify, defend, and hold Forager (and its employees, representatives, contractors, vendors, affiliates, and representatives) harmless against any claims related to Participant’s liabilities, actions, or omissions.
4. Payment: Please note that we take all booth fee deposits upfront. After you submit your application, you will be prompted to pay immediately. Please note that we do not jury unpaid applications. Should you not be accepted to the Fair, we will refund your booth fee.
5. Cancellations: The Event(s) will proceed regardless of the weather. If there is a cancellation:
(a) Cancellation by Forager: If a cancellation of the Event by Forager is necessary due to unforeseen circumstances, acts of a third party, or other circumstances which, in Forager’s sole judgment, may compromise the safety of Event participants, then the Event will not be rescheduled and there will be no refunds to Participant.
(b) Cancellation by Participant:
(i) If Participant cancels its participation at least thirty (30) days prior to the Event, then Forager will offer a full refund, less a $50 jurying fee for each canceled Event.
(ii) If Participant cancels its participation between twenty-nine (29) and fourteen (14) days prior to the Event, then Forager will offer a 50% refund less a $50 jurying fee for each canceled event.
(iii) If Participant cancels its participation in the Event within fourteen (14) days or less prior to the Event, then Forager cannot offer a refund, due to the administrative work already done by that time.
Once Participant cancels, it forfeits its spot in the Event.
6. Photography, Social Media, and Advertising: Participant acknowledges that Forager will be engaging photographers and/or videographers at the Event(s), and Participant (and its employees, representatives, and contractors) may appear in Event-related photographs and/or videos.
If Participant (or its employees, representatives, and contractors) or Participant’s name, trademark, logo, products, and/or likeness appears in any Event-related photographs and/or videos, Participant hereby irrevocably grants Forager the right to post and distribute such Event-related photographs and/or videos, in any format or channel now known or yet to be developed, including but not limited to social media, in sync with or compiled with other images and or audio, in connection with Forager advertising, on Forager’s website, and in connection with other marketing material. Participant warrants and represents that Forager’s use of such images will not violate the rights of Participant or of any third party, including but not limited to copyright, trademark, the right of publicity, and the right of privacy.
If Participant has provided Forager with Participant’s social media handle(s), Forager will make reasonable efforts to tag Participant in social media feeds and, where practicable, to otherwise credit Participant in any use of the Event-related photographs and/or videos in which Participant (and its employees, representatives, and contractors) appears.
7. No assignment or delegation: Participant may not assign this Agreement, or Participant’s space at an Event, to any third party, or delegate any of Participant’s obligations without the written consent of Forager. Only the accepted Participants are able to sell or distribute their items and/or conduct activities at the Event. The vendor list, map, and Booth assignments are subject to change without notice. Forager does not guarantee any level of attendance at the Event and there will be no refunds, under any circumstances, after the Event is over.
8. Change in terms: The terms of this Agreement may be changed by Forager and notice of such change(s) will be sent to you in writing. You agree to accept notices via email, sent to the email address of the signatory indicated below. Forager reserves the right to decline, prohibit, or expel any Participant or exhibit, or prevent any activity, displays, product, or conduct, which (in Forager’s sole judgment) is out of keeping with the character of the Event or endangers the venue, any attendee, other participants, or any other third party.
9. Independent Contractors: The relationship of Participant to Forager is that of an independent contractor, and nothing contained in this Agreement will be construed as creating a partnership, joint venture, employment relationship, agency, or other relationship between the parties, or to make Forager liable for the debts or obligations of Participant.
11. Applicable Law: The validity, interpretation, construction, and enforcement of this Agreement will be governed and controlled by the laws of the State of Illinois, without regard to its rules with respect to choice of law. Any dispute arising out of or related to this Agreement must be brought in federal or state court in Cook County and the parties hereby consent to the exclusive jurisdiction and the venue of such forum. This Agreement, and any Event-specific rules and regulations provided to Participant by Forager or Forager’s affiliates, will contain the entire Agreement and understanding between the parties hereto with respect to participation in the Event(s). If any term is contrary to law then that term will be severed and the remainder of the Agreement will remain in force.
By submitting this application to Forager Tasting Room and Eateryfor any or all dates in 2019, I agree to the terms and conditions in the Participation Agreement outlined above.