5th Annual AKΣ Tri-Cities Summer Crab Feast Vendor Agreement

This Vendor Agreement is made effective as of September 15th, 2018, by and between Alpha Kappa Sigma Chapter of Phi Beta Sigma Fraternity, Inc. ("AKS of PBS") of P.O. Box 2245, Petersburg, Virginia 23803, and _________________ (“COMPANY”) of _________________ (Address), _________________ (City), _________________ (State) ___________ (Zip Code). WHEREAS, the AKS of PBS is the Organizer and renter of 325 Brown St, Petersburg, VA 23803, USA (herein after referred as the 'Building'), where the 5th Annual AKΣ Tri-Cities Summer Crab Feast will be conducted; and WHEREAS, _______________________ is engaged in the business of _________________.

 

NOW, THEREFORE, it is agreed that:

PURPOSE. AKS of PBS agrees to provide ONE (1) 6-foot table and (2) Chairs to conduct "COMPANY” business in 'Building', at 5th Annual AKΣ Tri-Cities Summer Crab Feast.“COMPANY” use of "AKS of PBS" building is limited to the space selected by AKS of PBS as identified prior to the event. In general, “COMPANY” is guaranteed a minimum of 6 Foot Table square feet of space. “COMPANY” accepts the opportunity to participate as a vendor in the Building for 5th Annual AKΣ Tri-Cities Summer Crab Feast commencing on September 14th, 2019 and ending on September 14th, 2019. “COMPANY” hereby accepts the following listed conditions and limitations.

HOURS OF OPERATION. AKS of PBS area shall remain open from 3:00 PM to 11:00 PM each day the Event is in progress, unless "AKS of PBS" notifies “COMPANY” of other hours of operation.

INSTALLATION AND TEAR DOWN. “COMPANY” shall set up the facilities for sale on September 14th, 2019, between 4:00 PM to 10:00 PM. “COMPANY” shall remove his/her facilities for sale from the Building no later than 11:00 PM on September 14th, 2019.

PAYMENT. “COMPANY” is provided with the Space in the Building in exchange for $70.00 to paid upon signing this Agreement. Space locations will be assigned by AKS of PBS and provided to “COMPANY” in advance of the Event. “COMPANY” agrees to also pay an amount equal to 0% of “COMPANY” gross receipts plus the applicable taxes. The term "Gross

 

Daily Receipt" shall mean the total amount charged by Vendor, its employees, agents, or licensees, for all goods and merchandise sold or services performed, whether for cash or other consideration or on credit, and regardless of collections, including but not limited to orders taken at the building.

 

APPEARANCE. “COMPANY” is responsible for cleaning and maintaining the Space provided in an organized and neat manner. This responsibility includes “COMPANY” responsibility to remove bulk trash. Should “COMPANY” fail to keep the Space in an orderly manner will result in additional removal fees.

 

EXTRA SERVICES. “AKS of PBS” is not obliged to provide telephone, water, electrical and drain services to “COMPANY”. “COMPANY” shall also be responsible for payment of other charges like, electricity charges, water charges, taxes, etc. to the concerned authorities.

 

DISPLAYS AND SIGNS. All displays in the building must be free standing. Nothing may attach to walls or columns of the building by any means at all. Signs must be free standing. Signs should not block other vendor's shops. Signs may not attach to the walls or columns of the building.

 

QUALITY PRODUCTS. “COMPANY” shall ensure proper quality of the products sold. “COMPANY” shall comply with all applicable laws as to vendor's sales.

 

EMPLOYMENT OF STAFF. “COMPANY” will employ adequate staff at “COMPANY” own cost in order to operating the Space provided by “AKS of PBS”.

 

FOOD AND BEVERAGES. No food or beverage may be brought into the Building by “COMPANY” from outside. “COMPANY” shall purchase all foods and beverages from facilities provided for the event.

 

INSURANCE. “COMPANY” is solely responsible to obtain insurance coverage on property brought into the Building. “COMPANY” assumes full responsibility for items left in the facility. AKS of PBS accepts no liability for lost, stolen or damages property and is not required to carry additional insurance to cover “COMPANY” property.

 

INDEMNIFICATION. “COMPANY” agrees to indemnify and hold “AKS of PBS” harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against “AKS of PBS” that result from the acts or omissions of “COMPANY” and/or “COMPANY” employees, agents, or representatives. “AKS of PBS” shall be solely responsible for insuring all applicable laws are followed and complied with in selling and presenting “AKS of PBS'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.

D. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.

 

REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have Ten days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

 

FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

 

ARBITRATION. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement. 

 

ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. 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 Virginia.

 

NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

 

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, which approval shall not be unreasonably withheld.

 

SIGNATORIES. This Agreement shall be signed on behalf of “AKS of PBS” by Reginald Littleton, Ways and Means Chair and on behalf of “COMPANY” by ______________________________________, Owner and shall be effective as of the date first written above.

 

Upon completion of this Vendor Application and payment, conformation and space will be reserved.

 

By paying the below fee you are agreeing to abide by all preceding guidelines and the AKΣ policy and procedures.

Vendor Application - Tri-Cities Summer Crab Feast 5
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