Holiday Craft Fair Vendor Search

GENERAL TERMS AND CONDITIONS

1. Defined Terms
The term “Event” means the current year’s Holiday Craft Fair at the Coeur d’Alene Public Library (“Exhibit Facility”). The term “Exhibitor” means, collectively (i) the company, any other business entity, or person that applied for exhibit space rental and agreed to enter into this contract upon acceptance by the Coeur d’Alene Public Library in the manner stated below and (ii) each of its officers, directors, shareholders, employees, contractors, agents, representatives, and/or invitees, as applicable.

2. Contract Acceptance
This contract shall become binding and effective only when the Booth Application has been signed by the Exhibitor and formally accepted by a duly authorized representative of the Coeur d’Alene Public Library.

3. Assumption of Risks
Exhibitor expressly assumes all risks associated with, resulting from, or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage, or injury to the person (including death), property, business or profits of Exhibitor, whether caused by negligence, intentional act, accident, act of God or otherwise. Exhibitor has sole responsibility for its property or any theft, damage or other loss to such property (whether or not stored in any courtesy storage area, including without limitation any subrogation claims by its insurer). Neither Organizer nor the Exhibit Facility accepts responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Organizer nor the Exhibit Facility shall be liable for, and Exhibitor hereby fully and forever release and discharge the Organizer and the Exhibit Facility, individually and collectively, and their present and former officers, directors, shareholders, partners, affiliates, employees, agents, representatives and attorneys, and predecessors, assignees and successors of each of them, from all claims, actions, causes of action, demands, cross-claims, counter-claims, obligations, contracts, indemnities, contributions, suits, debts, sums, accounts, controversies, rights, damages, costs, attorneys’ fees, losses, expenses and liabilities whatsoever, in law, equity or otherwise (collectively “Claims”) which either may now have or have had or which may hereafter accrue, individually, collectively or otherwise in connection with, relating to or arising out of Exhibitor’s participation and/or presence in the Event. Exhibitor acknowledges that there is a possibility that subsequent to the execution of this contract, it will discover facts or incur or suffer claims that were unknown or unsuspected at the time this contract was executed, and which if known by it at that time may have materially affected its decision to execute this contract. Exhibitor acknowledges and agrees that by reason of this contract, and the releases contained in this Section 3, it is assuming any risk of such unknown facts and such unknown and unsuspected claims.​

4. Limitation of Liability
Under no circumstances shall organizer or the exhibit facility be liable for any lost profits or any incidental, special, indirect, punitive, or consequential damages whatsoever for any of the acts or whether or not apprised of the possibility of any such lost profits or damages. Organizer makes no representations or warranties, express or implied, regarding the number of persons who will attend the Event or regarding any other matters.

5. Qualifications of Exhibitor
the Coeur d’Alene Public Library, in its sole discretion, shall have the right to determine whether a prospective exhibitor is eligible to participate in the Event. The Coeur d’Alene Public Library reserves the right to restrict or remove any exhibit which the Coeur d’Alene Public Library, in its sole discretion, believes is objectionable or inappropriate. Preference is given to Exhibitors with products and/or services relating to comic books, comic strips, animation, or other related popular culture items. No adult materials (as defined pursuant to Coeur d’Alene’s municipal code) may be displayed or sold.

6. Assignment of Space
Exhibit space shall be assigned by the Coeur d’Alene Public Library in its sole discretion for the Event and for the Event Dates only. Any such assignment does not imply that similar space will be assigned for future events held by Organizer. the Coeur d’Alene Public Library reserves the right to change the floor plan or to move an Exhibitor to another booth location prior to or during the Event if the Coeur d’Alene Public Library in its sole discretion determines that to do so is in the best interest of the Event.

7. Cancellation by Exhibitor Cancellation
Generally, partial cancellation of booth space is not permitted, any partial cancellation must have the prior written consent of the Coeur d’Alene Public Library, which consent shall be in the Coeur d’Alene Public Library’s absolute discretion.

8. Cancellation of the Event
If the Coeur d’Alene Public Library cancels the Event due to circumstances beyond the reasonable control of the Coeur d’Alene Public Library, the Coeur d’Alene Public Library reserves the right to cancel, re-name or re-locate the Event or change the dates on which it is held.

9. Exhibit Space Occupancy
Hours and dates for installing, occupying and dismantling exhibits shall be those expressly specified by the Coeur d’Alene Public Library. All exhibits must be open for business during the Event hours. Exhibitor may not dismantle the display until the Event is officially closed by the Coeur d’Alene Public Library. Exhibitors may not assign their display space to third parties without prior written approval from the Coeur d’Alene Public Library.

10. Listings and Promotional Materials By Exhibitor’s participation in the Event
Exhibitor expressly grants to the Coeur d’Alene Public Library a fully paid, perpetual non-exclusive license to use, display and reproduce the name, trade names and product names of Exhibitor in any directory (print, electronic or other media) listing the exhibiting companies at the Event and to use such names in the Coeur d’Alene Public Library’s promotional materials. the Coeur d’Alene Public Library shall not be liable for any errors in any listing or descriptions or for omitting any Exhibitor from the directory or other lists or materials. Exhibitor agrees that the Coeur d’Alene Public Library may also take photographs or Exhibitor’s booth space, exhibit and personnel during, before or after the open hours of the Event and use such photographs for any library promotional purpose.

11. Care of Exhibit Facility
Exhibitor shall promptly pay for any and all damages to the Exhibit Facility or associated facilities, booth equipment or the property of others caused by Exhibitor.

12. Taxes and Licenses
Exhibitor shall obtain any licenses, permits or approvals under federal, state or local law applicable to its activities at the Event at its sole expense. Exhibitor shall obtain any necessary tax identification numbers and permits and for paying all taxes, license fees, use fees, or other fees, charges, levies or penalties that become due to any governmental authority in connection with its activities at the Event.

13. Copyrighted Materials
Exhibitors shall not play or permit the playing or performance of, or distribution of any copyrighted material at the Event unless it has obtained all necessary rights and paid all required royalties, fees or other payments.

14. Observance of Laws
Exhibitor shall abide by and observe all federal, state and local laws, codes, ordinances, rules and regulations, and all rules and regulations of the Exhibit Facility (including without limitation any union labor work rules). Without limiting the generality of the foregoing, Exhibitor shall construct its exhibits to comply with the Americans with Disabilities Act.

15. Additional Terms and Conditions
the Coeur d’Alene Public Library has sole control over attendance policies. Exhibitor shall conduct itself at all times in accordance with normal standards of decorum and good taste. In addition to its right to close an exhibit and withdraw acceptance of the contract, the Coeur d’Alene Public Library in its sole judgment may refuse to consider for participation in future events held by Organizer an Exhibitor who violates or fails to abide by the contract and any of the accompanying rules and regulations. Any amendment or modification to this contract must be in writing and signed by an authorized representative of the Coeur d’Alene Public Library. Exhibitor may not assign this contract or any right hereunder nor may Exhibitor sublet or license all or any portion of its exhibit space without the prior written consent of the Coeur d’Alene Public Library, which consent shall be in the Coeur d’Alene Public Library’s sole discretion.

16. Incorporation of Rules and Regulations
Any and all matters pertaining to the Event and not specifically covered by the terms and conditions of this contract shall be subject to determination by the Coeur d’Alene Public Library in its sole discretion. the Coeur d’Alene Public Library may adopt rules or regulations from time to time governing such matters and may amend or revoke them at any time, upon reasonable notice to Exhibitor. Any such rules and regulations (whether or not included in an Exhibitor Service Guide or similar document) are an integral part of this contract and are incorporated herein by reference and shall have the full force and effect as if such rules and regulations are fully set forth herein. Exhibitor shall observe and abide by additional regulations made by the Coeur d’Alene Public Library as soon as these additional rules or regulations are communicated to Exhibitor. This contract (including the Exhibitor Service Guide and any additional rules or regulations adopted by the Coeur d’Alene Public Library from time to time) states the entire agreement of the parties with respect to the subject matter hereof.

17. Governing Law
This contract is governed by the laws of the State of Idaho as applied to contracts entered into and entirely performed within such state. Exhibitor agrees that the courts located in the State of Idaho shall constitute the exclusive forum for the resolution of any and all disputes arising out of, connected with or related to this contract or the breach of any provision of this contract. Exhibitor waives any right to assert lack of personal or subject matter jurisdiction and agrees that venue properly lies in Coeur d’Alene, Idaho.

18. Character of Displays
Use of Aisles and Common Areas Distribution of samples and printed matter of any kind, and any promotional material is restricted to the exhibit booth. All exhibits shall display products or services in a tasteful manner as determined in the Coeur d’Alene Public Library’s sole discretion. The aisles, passageways and overhead spaces remain strictly under control of the Coeur d’Alene Public Library and no signs, decorations, banners, advertising material or special exhibits will be permitted in any of these spaces except by written permission of the Coeur d’Alene Public Library.

19. Sound Advertisements
The use of devices for mechanical reproduction of sound or music is permitted, but must be controlled. Sound of any kind must not be projected outside of the exhibit booth. Exhibitors are specifically prohibited from employing any carnival-type attraction, animal or human, or from operating such noise-creating devices as bells, horns or megaphones. The Coeur d’Alene Public Library reserves the right to determine sound interference with others and Exhibitor shall comply with any request by the Coeur d’Alene Public Library to discontinue any such sound or music.

20. Fire and Safety Laws
Federal state and city Laws must be strictly observed. A full listing of these fire and safety regulations will be found in the exhibitor service guide.

the Coeur d’Alene Public Library may provide you from time to time additional materials which will specify additional terms and conditions for your participation and/or presence at the Event. Such additional terms and conditions (including without limitation those specified in the document entitled “General Terms and Conditions”) are hereby fully incorporated herein by reference and shall have the full force and effect as if such terms and conditions are fully and expressly set forth herein. You hereby agree that all information containing terms and conditions provided to you by the Coeur d’Alene Public Library shall be deemed fully read and understood by you and that you shall be bound by all the terms and conditions contained herein and therein.