This is a binding agreement between Whale of a Sale, LLC, an Indiana limited liability company (called “Whale of a Sale” in this agreement), and me (called the “Vendor” in this agreement). Whale of a Sale is conducting a consignment sale of children’s and maternity merchandise from August 28-29, 2020 (called the “Sale” in this agreement). By signing on as a vendor, I am agreeing to the terms of this Vendor Agreement.
1. The Vendor understands and agrees that:
a. The payment of the fee described above is due upon registration, is non-refundable and covers payment for (1) if applicable, use of a space at the sale, (2) Other opportunities per the sponsor rate listed on the sale opportunities sheet.
b. One vendor per company may occupy a booth space.
c. Vendor is responsible for providing their own “furnishings” within their designated area.
d. The Vendors printed materials or promotional items are subject to the approval of Whale of a Sale.
e. The Vendor is responsible to provide Whale of a Sale their logo in a .jpg or similar format.
f. Set-up will take place Friday, August 28, 4:30-6pm. Tear down will occur no earlier than 3 pm on the final day of the Sale. All Vendor materials will be removed from the facility by 5pm on final day of the Sale. Anything remaining in the facility after 6 pm on final day of the Sale will be donated to the designated charitable organization partner or disposed of.
g. Vendor will not shop before their designated shopping time on 8/28/2020 for the Sale.
h. Vendor agrees to market the Whale of a Sale event through their website, social media, e-blasts, contest giveaways etc. as appropriate.
i. All Vendors must unload first, move any vehicle out of the Event area, then begin to set-up their space during the mentioned set up day. Vendors are asked to park their vehicles “vendor parking” away from the storefront area, leaving the closest parking for customers. No vehicles are allowed in back of building during event hours.
2. Whale of a Sale reserves the right to remove the Vendor from the Vendor’s space at the Sale or remove the Vendor’s name from the Whale of a Sale website if it deems anything regarding the Vendor’s business or on the Vendor’s website to be unethical, unlawful, or immoral. I understand the cancellation procedures and that there are NO REFUNDS of booth fees paid. I understand that sub-leasing of booths is prohibited. I also understand that management has the right to move vendors to other booth locations at any time for the betterment of the event.
3. In the event that the sale is postponed due to a health pandemic/epidemic, or natural disaster, I understand that there are NO REFUNDS of booth fees paid. I understand that my registration will be transferred to the new date, time and/or location of the sale. I also understand that if I am unable to attend the sale, that I will contact Whale of a Sale about my options.
4.Vendors are required to immediately report any show problems or breach of security, including thefts, injury, and/or damage to individuals or merchandise to the event staff. Vendors are not allowed to hold any merchandise from the event within their booth space. If merchandise has been paid for, it will be permitted to be held within the booth space. If merchandise is found within the booth space and has not been paid for, it will be immediately removed and the vendor may be asked to leave the sale with no refund.
5. The Vendor agrees to hold harmless and make no claim against Whale of a Sale, the owners of Whale of a Sale, any volunteer or paid employee of Whale of a Sale, the insurer of Whale of a Sale, or any other vendor leasing space at the Sale for damage, theft or loss of any items belonging to the Vendor. The Vendor is fully responsible for their product and equipment while on Sale premises.
6. The Vendor agrees to waive any and all claims for personal injury resulting from participation in the Sale from whatever cause either foreseen or unforeseen against Whale of a Sale, the owners and officers of the Whale of a Sale, any volunteer for or paid employee of Whale of a Sale, the insurer of Whale of a Sale, or any other vendor leasing space at the Sale.
7. This agreement shall be governed by the laws of the State of Indiana.
8. This agreement shall supersede any prior agreements between the parties whether oral or written and shall constitute the entire agreement between the parties.
Questions? Contact Sandi Ginn – firstname.lastname@example.org