Vendors 
Vendor Terms
Vendor Terms
Vendor Terms
Last Updated on Wednesday, 07 July 2010 08:33
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Monkey Rock USA, LLC 2.) USE OF SPACE - Monkey Rock USA, LLC will assign exhibit / vending space in accordance with applicant’s stated preference, depending on availability. Exhibit / vending fees will include space rental, 20 amp / 110 volt electrical hookup, sanitation and security service. Monkey Rock USA, LLC has the right to decline, prohibit or expel any applicant which in its judgment is not consistent with the character of Monkey Rock, this reservation being all inclusive as to exhibit / vending space, person, clothing items, printed material, signage, product, conduct, noise level etc. Storage is available if items do not fit in your allocated area and a fee is applicable for over-sized item storage. Changes to exhibit space locations can occur at any time from the initial assignment through show opening. No applicant shall assign or sublet any part of their exhibit / vending space without the expressed, written consent of Monkey Rock. Any space not occupied by the agreed dates and times specified (including set up times) in this contract may be reassigned at the discretion of Monkey Rock USA, LLC. All payments will be forfeited unless Monkey Rock, LLC has made special arrangements or exceptions with said applicant. Applicant must be open and ready to do business by 9:00 am, Saturday August 7, 2010 and may only be dismantled after 5:00pm, Saturday, August 14, 2010.All vendors with rigs must arrive at their assigned time in order to be placed at their assigned site on Friday, August 6, 2010. If a rig does not arrive at the assigned time, placement cannot be guaranteed and a refund will not be provided. Applicants are not permitted to extend outside allotted rental space, which must include awnings, tailgates (down) and hitches. Exhibitors / Vendors cannot setup prior to Friday, August 6, 2010, unless requested in writing and given a return written permission. Exhibitors / vendors must vacate by 7pm Sunday, August 15, 2010, unless given a written extension. 3.) CANCELLATION/REFUND POLICY - Applicants may cancel their reservation for exhibit / vending space before June 1, 2010 and receive 50% of the total rental fee as a refund. No refunds will be given on/or after June 1, 2010. 4.) RELEASE OF LIABILITY - Applicant hereby expressly waives any and all claims it may have, known or unknown, now or in the future, arising from or related to this agreement, or in any way related to applicant’s presence or that of its employees, invitees, and designees on the property of Monkey Rock USA, LLC. This express waiver of claim by applicant includes, but is not limited to, direct, indirect, incidental or consequential damages. Further applicant agrees to waive and forego all claims for damages and recourse of any kind and agrees to assume. Applicant agrees to waive and forego all claims for damages and recourse of any kind and agrees to assume all risks arising out of or relating to his or her (applicant’s) attendance or participation at said property and to protect, defend, and hold harmless Monkey Rock USA, LLC, Monkey Rock, the owners and the employees from any liability, loss, costs damage or expenses which applicant may cause or sustain from any cause whatsoever including fire, theft, personal injury or property loss due to natural or manmade causes. In the event that Monkey Rock commercial property should become unfit for occupancy, or substantially interfered with for any reason due to natural or manmade causes, not reasonably within the control of Monkey Rock USA, LLC, this contract may be terminated by Monkey Rock USA, LLC. For this purpose, the term "cause or causes" shall include, but not be limited to local, state, or federal law, ordinance, rule, order or decree whether constitutional, natural or manmade causes. Should Monkey Rock USA, LLC choose to terminate this contract pursuant to the provisions of this paragraph, the applicant shall receive a refund of all monies paid to date. The applicant also waives any and all claims for damages either natural or manmade resulting from this action. 5.) JURISDICTION. Any and all disputes arising from or relating to this agreement shall be construed under the laws of the State of South Dakota. Each party expressly agrees to submit to the judicial venue of the Courts of the State of South Dakota. In the event of an adjudicated dispute, applicant agrees that if Monkey Rock USA, LLC prevails in such action, that Monkey Rock USA, LLC is entitled to reimbursement of all costs in the defense of any such claim by applicant or for the enforcement of the terms of this contract. Such costs shall also include reasonable attorney’s fees. 6.) INTERPRETATION. This contract shall be construed and interpreted in favor of Monkey Rock USA, LLC in the event of ambiguity or vagueness. 7.) INSURANCE - Applicants are required to carry personal injury and blanket contractual liability insurance with minimum limits of $500,000 per occurrence and $1,000,000 aggregate. Applicants must have a Certificate of Insurance on file with Monkey Rock USA, LLC prior to set up of any exhibit or vending space and have Monkey Rock USA, LLC, John Dent, and Gary Lippold named as additional insured. Monkey Rock USA, LLC assumes no liability for any loss, damage, or injury to any property of the applicant or any of its officers, agents, employees or contractors, whether attributable to accident, fire, theft or any other natural or manmade causes whatsoever. The applicant expressly agrees to defend, indemnify and hold harmless Monkey Rock USA, LLC management , owners, agents, or employees from any and all claims, liability, and losses for injury to persons (including death) or damage to property arising in connection with applicant’s use of exhibit / vending space. 8.) LICENSES - A copy of the completed Meade County Transient Vendors License, a current Temporary South Dakota Sales Tax License, Certificate of Insurance and a Temporary Dealer, Manufacturer or Custom Permit, if applicable, must be provided to Monkey Rock USA, LLC prior to set up. Said documents must be displayed at applicant’s exhibit / vending space during said dates and times specified in this contract. 9.) PROTECTION OF FACILITIES - Holes shall not be made in any paved surface at Monkey Rock USA without permission of Monkey Rock USA, LLC. Damages resulting from, but not limited to, faulty electrical wiring, improper wiring of electrical outlets, damages in pavement, lighting or facilities will result in monetary compensation by the applicant to Monkey Rock USA, LLC for damages incurred. 10.) RENTAL PERIOD - The rental period shall be from 9:00 am Saturday, August 7, 2010 through 11:59 pm Saturday, August 14, 2010. 11.) OPERATION OF MOTORIZED VEHICLES WITHIN PROPERTIES - The general Rules of Monkey Rock USA and all properties connected require that all motorized vehicles be operated in a safe and controlled manner at all times. With the exception of the entrance and parking lots, all of Monkey Rock is a Pedestrian Zone. Operation of motorized vehicles within the area must be coordinated in advance with an On-Site Property Manager and the Chief of Security. 12.) ALL VENDORS AND EXHIBITORS WITHIN MEADE COUNTY - (and subsequently, Monkey Rock USA) agree to abide by Meade County Ordinance No. 11 which prohibits display or sale of obscene materials. Any violation of this Ordinance will result in immediate eviction from Monkey Rock USA, with no refund of fees paid. 13.) SECURITY - We have our own security staff. If you wish to retain your own security, it needs to be approved by Monkey Rock USA, LLC, in advance and in writing. |
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