The Local Collective Market & Alley - Vendor Agreement
This Local Collective Vendor Agreement (the “Agreement”) is between:
THE LOCAL COLLECTIVE MARKET & ALLEY, LLC (hereinafter “TLC”), a California limited liability company with offices at 240 W. Second Street, Claremont, California 91711; and
VENDOR (hereinafter “you” or “Vendor”), as indicated on your submitted online TLC Vendor Signup (hereinafter “Application”).
WHEREAS TLC is the Organizer of The Local Collective Market & Alley - (“Market” or “Event”) at 240 W. Second Street, Claremont, California 91711 (hereinafter referred to as the “Venue''); and
WHEREAS, the Vendor is engaged in the business of Goods.
NOW, THEREFORE, it is agreed that:
PURPOSE. TLC agrees to provide Vendor space to sell Vendor's Goods at the Market. The vendor's use of the Venue is limited to the space selected by TLC as identified before the event. In general, the Vendor is guaranteed a minimum of 4 x 6 square feet of space. The vendor accepts the opportunity to be a participating Vendor in the Venue, as more fully set forth below, at the Market for set dates. The vendor hereby accepts the following conditions and limitations contained in this Agreement.
HOURS OF OPERATION. The Market event area shall remain open from 8:00 AM to 2:00 PM (Sundays) unless TLC notifies the Vendor of other hours of operation. Vendors that fail to show up on the agreed booking date forfeit all money paid for the booking.
INSTALLATION AND TEAR DOWN. The vendor shall arrive to set up no later than 7:15 AM on the day of the event. The vendor shall remove his/her/their facilities for sale from the Venue no later than 3:00 PM post-same-day event. Space locations will be assigned by TLC.
PAYMENT. The vendor is provided with the Space in the Venue in exchange for $75.00 for a one-day event or $200 for four separate days and to be paid upon signing this Agreement. Multiple date bookings do not have to be consecutive but must be used within 90 days of signing the agreement. The Space Rental Fee is non-refundable except as otherwise provided herein.
PROCEEDS OF SALES. The vendor is responsible for selling their goods. TLC is not responsible for VENDOR sales.
RENTAL SPACE.
a) Assignment of Space. The vendor is provided a space for a 6-ft table. TLC shall be entitled, in its sole discretion, to market, position, and determine the assignment of Spaces to all vendors, provided further that the Vendor hereby accepts all such determinations as final.
(b) There is no transfer, assignment, sublicensing, or subletting of the Space to any third party whatsoever. In addition, the Vendor shall not market, display or sell merchandise of any third party without prior written approval from TLC. In addition to any other remedies or recourse that TLC may have hereunder or at law, if the merchandise being displayed is determined to belong to a party other than the Vendor, without prior written approval from TLC, TLC shall be entitled to terminate Vendor’s agreement and require that Vendor immediately vacate the Space and leave the Market and/or terminate Vendor’s rental for the season.
APPEARANCE. TLC is responsible for cleaning and maintaining the space provided organized and neatly.
DISPLAYS AND SIGNS. Vendors are responsible for supplying their own displays and signage.
QUALITY PRODUCTS. The vendor shall ensure the proper quality of the products sold. The vendor shall comply with all applicable laws as to the vendor's sales.
TERMINATION. If, at any time during the Market Event, TLC is required to vacate the Market for any reason, then TLC shall be entitled to terminate this Agreement by providing not less than seven (7) days of written notice to the Vendor. In addition, TLC may unilaterally terminate this Agreement (and/or Vendor’s participation in any or all Market(s) at any time, for any reason or no reason, and with or without cause. In any such event of termination, any monies delivered by Vendor to TLC for periods following the termination date, including, without limitation, the relevant portion of the Space Rental Fee, shall be promptly returned to Vendor.
INSURANCE. The vendor is solely responsible for having insurance coverage on property brought into the Venue. TLC accepts no liability for lost, stolen, or damages property and is not required to carry additional insurance to cover Vendor’s property.
LICENSE. The vendor is responsible for having their own seller’s permit.
INDEMNIFICATION. Vendor agrees to indemnify and hold TLC harmless from all claims, losses, expenses, and fees, including attorney fees, costs, and judgments that may be asserted against TLC that result from the acts or omissions of Vendor and/or Vendor’s employees, agents, or representatives, or are in any way related to Vendor’s products. TLC shall be solely responsible for ensuring all applicable laws are followed and complied with in selling and presenting TLC's products and services at the Event.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:
a. The failure to make a required payment when due;
b. The insolvency or bankruptcy of either party;
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application, or sale for or by any creditor or government agency
ENTIRE AGREEMENT. This Agreement contains the parties' entire agreement, and there are no other promises or conditions in any other agreement, whether oral or written, concerning this Agreement's subject matter. This Agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable but that by limiting such provision, it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Agreement may be modified or amended in writing if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of California.
NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by text message or social media direct message.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
ASSIGNMENT. Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, for which approval shall not be unreasonably withheld.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date and year first above written.