DEALER CONTRACT
The following is what each dealer electronically signed and agreed to:
Three Speckled Hens Antiques & Old Stuff (TSH Productions, LLC), its agents, officers, or employees shall not be liablet for property damage or personal injury to Dealer, their agens or employees, which may occur on or about any part of the subject premises, regardless of how much injury or damage may have occurred. Dealler waives any claim against TSH Productions, LLC and assumes all liability for loss or damage to Dealer's property entrusted to premises, including outside show areas. Dealer shall hold TSH Productions, LLC harmless and shall indemnify TSH Productions, LLC against all liability or expenses arising out of any claim of injury or damage to any person or property, together with all costs in connection with the defense thereto, including attorney's fees.
TSH Productions, LLC reserves the right to make rules and regulations it deems proper and necessary, and Dealer agrees to accept such rules and regulations and any interpretation as is set forth by TSH Productions, LLC.
All municipal, state and federal requirements in connection with sales must be fulfilled, including licenses and permits, sales, tax, electrical, fire department regulations and no smoking ordinanaces.
This contract cannot be assigned to another dealer. No booths may be shared without the prior written consent of the Three Speckled Hens.
The use of help, to assist unloading and loading, is at Dealer's own risk. TSH Productions, LLC shall not be liable for any resulting injury or Claim.
Cancellation: Space Rental Fees will not be returned if Dealer cancels within 60 days of show. Half of the space rental fee will be returned if Dealer cancels 61 days or more before show. No-Show: Any Dealer who fails to show up for any show for which they have contracted will forfeit space rental fee. Should any show be cancelled by TSH Productions, LLC, for any reason, this contract is null and void, and Dealer waives any and all claims, except space rental fee return. Rain does NOT cancel the show.
DEALER COVENANTS:
The dealer agrees to abide by all rules and regulations as specified on the RULES AD REGULATIONS page and adopted by the Three Speckled Hens (TSH Productions, LLC) Additionally, each dealer agrees that TSH Productions, LLC has the final decision in adopting any rule or regulations deemed necessary before, during and after the event.
The dealer agrees to obey all no-smoking regulations in effect at the Paso Robles Event Center (Event Center) and agrees to ensure that all of the dealer's officers, agents, employees and those for whom they are legally responsible obey the regulations as well.
Any conduct deemed unprofessional by TSH Productions, LLC may be grounds for immediate removal of booth and dealer from current and future TSH Productions, LLC shows. In such instances there will be no refund of booth fees to any extent Incidents will be handled on an individual basis and all decisions made by TSH Productions, LLC will be deemed final. TSH Productions reserves the right to terminate this contract at any time, with or without cause.
DISPLAY STANDARDS:
The dealer agrees to occupy the contracted booth space and only said space during the full term of the event and to exhibit only the juried products approved by TSH Productions, LLC.
Booth boarders have been carefully measured out in accordance to the Fire Department regulations. Each dealer agrees to no exceed the boarders at all.
TSH Productions, LLC reserves the right in its sole discretion to: determine the eligibility of dealers for the event, reject or prohibit dealers that TSH Productions, LLC considers objectionable and relocate dealers when such moves are necessary to maintain the good order of the event.
Dealer agrees that TSH Productions, LLC is under no obligation to rent space to dealer at future events.
Booth locations will be rented and assigned in accordance with the best interest of the event. TSH Productions, LLC will not give any dealer exclusivity on any product.
ASSIGNMENT & SUBLETTING
The dealer shall not assign any rights under this agreement or sublet the space.
While, TSH Productions, LLC, allows sharing of a booth, each dealer must go through the juried approval process. All item must be co-mingled, there may not be a division of booths.
INDEMNITY
The dealer accepts all risks associated with the use of the exhibit space and environs. The dealer shall not make any claim or demand or take any legal action whatsoever against TSH Productions, LLC or the paso Robles Event Center (Event Center) for any loss, damage or injury howsoever caused, to the dealer, its officers, employees, agents or their property.
The dealer agrees to indemnify and hold harmless TSH Productions, LLC, show sponsors, the facility and their respective officers, agents and employees, against all claims, costs and charges of every kind resulting from their occupancy of the exhibit space or its environs, for personal injuries, death, property damages or any other damage sustained by the dealer or its officers, agents, employees or those for whom in law they are responsible or TSH Productions, LLC or visitors of the event.
DEALER'S PROPERTY:
All of the dealers property at the event shall be at the sole risk of the dealer and TSH Productions, LLC assumes no responsibility for loss or damage thereto.
BUILDING:
The dealer is liable for any damage the dealer causes to the event facility or to any property of TSH Productions, LLC, its agents or any other dealer.
The dealer may not apply paint, lacquer, adhesive or other coatings to the event facility.
PAYMENT TERMS, CANCELLATION, & TERMINATION
Upon receipt of the dealer's invoice, payment must be made with in a two week period.
If a second invoice is sent and not paid immediately the Dealers' booth may be revoked and another dealer will be given said booth.
Contracts submitted within 30 days of the show must be paid immediately or will not be accepted.
Cancellations within 61 days of the show will be given 50% of fees paid.
Cancellation 60 days for fewer before the show will result in 100% of booth fee being forfeited.
In the event that the dealer fails to make payment as aforesaid or fails to comply in any respect with the terms of the contract, TSH Productions, LLC reserves the right to cancel the contract without notice and all rights of the dealer shall cease and terminate. any payment made by the dealer on account hereof will b retained by TSH Productions, LLC as liquidated damages for breach of contract and TSH Productions may thereupon rent said space. Failure to appear at the event does not release dealer from responsibility for payment of the full const of the space(s) rented.
In the event that the dealer's check is returned by a bank, due to insufficient funds a $35 administrative fee will be charged to the dealer and a replacement payment must be mailed within three (3) days of being notified. Or, the dealer my submit payment by credit card.
A $25 late fee per booth will be charged to any dealer whose payment is received after three weeks of the first invoice.
REMOVAL OF EXHIBITS
The dealer agrees that no display will be dismantled or goods packed or removed during the entire run of the event, but, will remain intact until the end of the final closing hour of the last day of the event (Saturday , 4:00 PM)
The dealer also agrees to remove its display, trash and equipment from the show site by the final move-out, time limit (8:00 PM Saturday), or the event of failure to do so, the dealer agrees to pay for such additional cost as may be incurred.
CANCELLATION OF EVENT
In the event that the facility in which the event is to be held or is held is destroyed or becomes unavailable for occupancy, for reasons beyond the control of TSH Productions, LLC or if for any reason TSH Productions, LLC is unable to permit the exhibitor to occupy the facility, or if the show is canceled, TSH Productions, LLC will not be responsible to refund received monies, or be responsible for any loss of business, loss of profits, damage or expense of whatever nature that the dealer may suffer. The reasons listed include, but are not limited to: casualty, explosion, fire, lightning, flood, weather, epidemic, earthquake or other acts of God, acts of public enemies, riots or civil disturbances, strike, lockout or boycott.