Autumn and Art at Bradley Fair 2018 Agreement
Autumn & Art 2018
September 14-16, 2018
Artist Agreement Terms & Conditions
This Agreement (the “Agreement”) is entered into by and between Wichita Festivals, Inc. (“WFI”) and participating Exhibiting Artist(s) (“Artist”). This Agreement sets forth the terms of the Artist’s commitment for participation in Autumn & Art at Bradley Fair 2018 (the “Festival”).
By submitting an application for the Festival, both parties agree to the following, should Artist be selected for participation:
1. Artist will pay a booth rental fee to WFI for participation as stipulated in the Artist Prospectus. Artist is entitled to retain all proceeds from the sale of its products and is responsible for the payment of all costs and expenses related thereto, including without limitation applicable personnel wages, equipment rental, product and supply costs, licenses and permits, and all federal, state and local taxes.
2. WFI will have the right to identify Artist as a participating Artist and use Artist’s name and trademarks to so identify Artist in advertising and promoting the Festival.
3. Subject to WFI’s rights of prior written approval, Artist will have the right during the 2018 calendar year to indicate, in connection with the advertising and promotion of Artist’s business, that Artist is a participating Artist at the Festival and to use the Festival name in connection therewith.
4. Artist will comply with all reasonable guidelines of WFI. Failure to comply with established guidelines, policies, procedures or reasonable directive may result in immediate closure of Artist’s vending location, forfeit of booth fees and disqualification from future participation, all without any liability to WFI.
5. In the event that the Festival does not take place due to any cause beyond the reasonable control of WFI, this Agreement will terminate and WFI’s only obligation will be to return to Artist the booth fee paid hereunder less any direct out-of-pocket expenses related to providing services to or on behalf of Artist incurred by the Festival prior to the date of termination. WFI may, if required by force majeure or other reasons beyond its control, postpone or shorten the Festival hours. Artist shall have no right or claim for any damages whether direct, indirect or consequential, or of any other kind, arising or alleged to arise by reason of any postponement limitation, or cancellation of the Festival.
6. Artist agrees to remove all equipment, supplies and other materials brought by Artist to his/her booth and to properly dispose of all trash and other debris at his/her booth at the close of the Festival. No generators and no staking in the ground will be allowed. Any property damage caused by the Artist’s action or failure to act, such as attaching to structures, paint spills or stains, or failure to prevent a potential risk to persons or property arising from the Artist’s action or failure to act will be the sole responsibility of the Artist. Any financial claims will be sent directly to the party at fault.
7. Twenty-four (24) hour security will be provided. Artist acknowledges and agrees that all art is stored at Artist’s own risk and WFI shall not be liable for any damage to artwork, equipment or other material due to rain, wind, fire, theft, etc., without exception or limitation. Artist must make sure their tent is secure with proper weights in the event of strong winds or storms.
8. No Artist may let or sublet their booth with or without charge. No Artist may solicit or display any corporate logo or any sponsorship affiliation of any kind. No Artist may disseminate coupons, flyers or brochures outside of their booth space.
9. Artist will carry the necessary insurance covering pictures, art objects, and other property displayed by the Artist at the Festival, and hereby exonerates WFI from all liability of any nature while said objects are on display or while in transit to or from the Festival. WFI shall not be responsible for any injury incurred by Artist or guests on the Festival site, which area shall include, without limitation, the Artist’s booth and all surrounding areas, public or private.
10. The Artist agrees to indemnify, defend, and hold harmless WFI, its officers, officials, directors, agents, volunteers, sponsors, promoters, employees, and/or any other persons associated with the Festival from any debt, liability, fine, penalty, and/or judgment incurred for any cause of action, claim of damage or liability, to any persons, or property, resulting directly or indirectly from the acts or omissions, merchandise sold, presence or operation of the Artist, its agents and/or employees before, during and/or after the Festival, for which Artist is responsible. Likewise, the Artist hereby releases and holds harmless WFI, its officers, officials, directors, agents, volunteers, sponsors, promoters, employees, and/or all other persons associated with the Festival from any and all liability for injury and/or damage, whether caused by the negligence of WFI, its officers, officials, directors, agents, volunteers, sponsors, promoters, employees, and/or any other persons associated with the Festival.
11. The Artist hereby grants permission for WFI, its officers, officials, directors, agents, volunteers, sponsors, promoters, employees, and/or all other persons associated with the Festival to use any photographs, video tapes, motion pictures, recordings and/or any other record of the Festival for any purpose whatsoever.
12. This Agreement does not constitute a partnership or joint venture or principal agent relationship between Artist and WFI. This Agreement may not be assigned by either party. It will be governed by the laws of the State of Kansas.
13. By accepting the terms and conditions of This Agreement, Artist also acknowledges and agrees to accept and comply with all information contained in the ZAPP™System on-line application. All terms or conditions contained therein are deemed merged into and become a part of this Agreement.
14. WFI reserves the right to make final interpretation of all rules and regulations.
15. In consideration of acceptance of Artist’s application, artist agrees to allow WFI use of attached juried images for promotional purposes as deemed appropriate by WFI.
I accept the terms and conditions of this Agreement.
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