Craft Fair - Vendor Fee

The Fountain Green Lamb Days Celebration Committee, hereinafter named FAIR, reserves spaces for the exhibition, sales and distribution of products, services, information and other items of business at the Lamb Days Celebration. Reservations are embodied in commercial vendor booth agreements (of which these Rules and Regulations are a part of) providing for the use and occupancy of certain small spaces of FAIR real property located on the Fountain Green City grounds and referred to as “spaces”. Any company, partnership, institution, or individual over 18 years of age,  hereinafter referred as “VENDOR”, may apply for a space.

These rules and regulations define the conduct of the VENDOR and how the spaces are used. The FAIR reserves the right to interpret, amend, revise, and delete these rules and regulations as it deems fit in its sole discretion in order to achieve the maximum benefit for the FAIR, its patrons, and VENDORS. Should the action of any VENDOR
require the cancellation of the booth agreement during the time of the FAIR, the VENDOR shall immediately upon notification vacate the space and will forfeit any booth fees.

The VENDOR further agrees to be bound by the FAIR’S  interpretations of this Booth Agreement, Rules, and Regulations in the event a dispute should arise concerning them. Non-conforming situations which exist at the time of a new rule may be allowed at the FAIR’S option but may be called into conformity in the future.

1. DATES OF FAIR: Fair shall take place on July 14 and 15, 2023 at the Fountain Green City park located at 300 West Center Street in Fountain Green, Utah.

2. CONDUCTING BUSINESS: No persons may enter FAIR property for the purpose of conducting business without first entering into a booth agreement with the FAIR. VENDOR must confine all transactions to the booth space and shall not display signs, posters, brochures, advertisements, or solicit prospective customers in any location on the grounds except within booth space, unless pre-approved by FAIR.

3. TAXES AND LICENSING: The Utah State Tax commission requires VENDORS who engage in direct sales at the FAIR to pay sales tax to the state. Taxes are not included in the booth cost and are to be paid by VENDOR to the Utah State Tax commission. VENDOR agrees to provide to the FAIR tax information required by the Utah State Tax
Commission which includes but is not limited to name, address, and telephone number; Social Security Number (SSN), Employer Identification Number (EIN), Utah Sales tax number or driver’s license with date of birth; or if you’ve previously been assigned a
Special Event Account Number (SSE); and what products you are selling.

4. BOOTH CHARACTER AND MANAGEMENT: VENDOR and  VENDOR employees, agents and representatives will conduct themselves and their operations in a courteous and friendly manner. VENDOR and VENDOR’S employees must not wear or sell any
item that in any manner depicts poor taste. Any actions found offensive or obnoxious by the FAIR and FAIR’s sole discretion will be immediately terminated upon notice.

5. INDEPENDENT CONTRACTOR: VENDOR states and affirms that he is acting as an independent contractor, holding himself out to the general public as an independent contractor for other work or as he sees fit; that he advertises his services as he sees fit to the general public, maintains his office or place of employment separate from FAIR, and that this AGREEMENT is not exclusive or other  agreements, contracts or opportunities. FAIR is interested only in the results to be achieved, and the conduct and control of the work will lie solely with VENDOR. VENDOR is not to be considered an
agent or employee of FAIR for any purpose, and the employees of VENDOR are not entitled to any of the benefits that FAIR provides for FAIR's employees. It is further understood that VENDOR is free to contract for similar services to be performed for others while working under the provisions of this AGREEMENT with FAIR. Both parties agree that VENDOR shall be deemed an independent contractor in the performance of this AGREEMENT, and shall comply with all laws regarding unemployment insurance, disability insurance and workers’ compensation. As such, VENDOR shall have no authorization, express or implied, to bind FAIR to any agreement, settlement, liability or understanding whatsoever, and agrees not to perform any acts as agent for FAIR.

6. VENDOR PRODUCTS: All products for which you apply for may not be approved. Only the products listed on your booth application  are authorized to be sold pending approval from FAIR. Any changes or additions must be approved in writing by the Fair. The Fair’s goal is to provide a diverse showcase of quality goods and services.

7. REGULATION COMPLIANCE: It is the responsibility of the vendor to produce and deliver products in accordance with any and all government regulations that apply to their industry.

8. APPROVAL OF BOOTH: FAIR must approve in advance: (1) The installation and content of any vendor’s booth and (2) the distribution or sale of any article, including printed matter, bumper stickers and novelties. Items are NOT ALLOWED by the FAIR are:
Alcoholic beverages, firearms (including but not limited to real, fake, or toy [such as marshmallow guns, potato guns, and nerf guns), weapons (including but not limited to knives, switchblades, and slingshots), fireworks, firecrackers, smoke or stink bombs, hunting knives, water guns, water wienies, glow in the dark items, drinks or food items of any kind, T-shirts, play or candy cigarettes, cigarette lighters, silly string or spray, or sexually suggestive items of any kind are not allowed to be sold. Booths or articles not approved may be removed by FAIR without refund and the cost of removal will be borne by the VENDOR.

9. ASSIGNMENT OR SUBCONTRACTING: The VENDOR shall not, without prior written consent of the FAIR, assign or sublet any part of the booth space. In the event VENDOR’s space is changed, eliminated, condemned or rearranged, the FAIR may assign another space to VENDOR.

10. VENDOR BOOTH CARE: All booths must be maintained in clean and proper order at all times during the Lamb Day by the VENDOR. Garbage must be emptied and taken to the dumpsters every night before leaving. The VENDOR must restore the booth to its original form before vacating the booth. In no instance, will anything (signs, chairs, post, merchandise, personnel, etc.) extend outside or in front of the booth space.

11. BOOTH SETUP: All booth set-ups must be completed no later than 4:00 pm on Friday and by 10:00 am on Saturday. A late fee of $25 per day may be charged to any VENDOR whose exhibit is not in place and ready at the time the Fair officially opens each day. A $25 fine may be charged to any VENDOR who removes items earlier than 6:00 pm the final night of the Fair, unless a written exception has been approved by the Fair Board Manager.

12. BOOTH DÉCOR: Any alterations or changes to the booth in any way whatsoever shall have prior approval of the Fair Board contact. Any approved changes shall be done by the VENDOR at no cost to the FAIR. A prominent sign, professional in appearance, identifying VENDOR can be posted at VENDOR’S sole expense within the
confines of the booth space. Any signs placed outside of the booth space must be pre-approved by FAIR.

13. WHAT THE FAIR PROVIDES: 10’ x 10’ space (No room to walk around the outside of the space.) The fair does not provide power, tables, wi-fi internet, chairs, canopies, or extension cords.

14. WHAT THE VENDOR PROVIDES: The VENDOR must provide all merchandise to be put in booth(s), all equipment, signage, canopies, tables and chairs, and personnel to man the booth(s) during booth hours.

15. BOOTH HOURS: All booths must stay open from 4:00 pm to 9:00 pm on Friday evening and from 10:00 am to 6:00 pm on Saturday unless a written exception has been approved by the Fair Board Manager.

16. REMOVAL OF GOODS DURING THE FAIR: No vehicles are allowed in the Fairgrounds during booth hours.

17. REMOVAL OF GOODS AFTER THE FAIR: VENDOR must remove any items from VENDOR’s booth before 10:00 p.m. on the closing day. No vehicles will be allowed on the grounds until it is deemed safe by the Fair Vendor Manager. VENDORS who leave items on the grounds after the final day will be fined $25.00 per day of any part thereof.

18. PAYMENTS: The commercial vending fee of $75.00 is due in full at time of application.  If vendor fee is not paid in full by July 1, a late payment is accepted by the Fair. A $10 late fee will be charged in addition to the remaining balance. Failure to pay all fees when due, may in Fair’s sole discretion, result in cancellation of Vendor’s application and the loss of Vendor’s fee.

19. REFUNDS: The Fair is not responsible for loss of sales due to inclement weather, or excessive noise from the carnival,  entertainment, or other attractions of the fairgrounds.

20. CANCELLATIONS: Cancellations received after July 1 st will not be refunded. Cancellation requests for Commercial Vendors must be received in writing addressed to Ann Nielsen, P.O. Box 22, Fountain Green, UT, 84632, or annnielsenmail@gmail.com.

21. HOLD HARMLESS: VENDOR shall indemnify and hold the FAIR harmless for any loss to VENDOR or VENDOR’s property, agent’s, employees or representatives caused by or arising in any manner from fire, wind, storm, explosion, theft, vandalism, loss of
occupancy, intentions or negligent acts of third parties or any other cause whatsoever.

22. LIABILITY: Vendor will indemnify and hold the Fair harmless for loss of exhibits during the Fair. The FAIR will have security during the day. Even though security is provided during booth hours, VENDOR should not leave valuable merchandise unattended or in the booth overnight. The VENDOR is responsible for insurance to cover any loss and for damages to persons or property.

23. INSPECTION: The VENDOR, by executing this instrument, grants the FAIR, without power of revocation, the right to inspect all exhibits, their officers, agents and employees, and all facilities or conveyances controlled by them when entering or leaving the fairgrounds.

24. INSURANCE: Certain exhibits also require liability insurance and at FAIR’S request VENDOR shall provide proof of insurance to FAIR in such amounts as are required by FAIR.

25. ATTORNEY FEES: The VENDOR agrees to pay for all costs of collection, default, breach or enforcement, hereunder, including a reasonable attorney’s fee and court costs.

26. INDEMNIFICATION: VENDORS shall indemnify, defend and hold FAIR, the Fountain Green Lamb Day Committee and its members, and Fountain Green City free and harmless from any and all damages, claims, and suits arising in any manner out of the  VENDOR’S, it’s agents, employees or representative’s actions or omissions. VENDOR will hold harmless and indemnify FAIR from the loss or damage to VENDOR property by theft, fire, robbery, accident, or any other destructive cause, while on the Fairgrounds. Vendors are responsible for obtaining any insurance necessary for their own property loss or damage. VENDOR will hold FAIR harmless for claims made by VENDOR regarding product value, pricing or quality.

27. APPLICABLE LAWS: Vendor shall obey all applicable laws, rules, regulations, and ordinances of Fountain Green City, Sanpete County, The State of Utah, and the United States of America including the fire code.

28. ENFORCEMENT: The Fountain Green Lamb Day Celebration Committee, Fountain Green City, and its duly appointed members are authorized to enforce the terms of this booth agreement and VENDOR shall comply with all lawful and reasonable requests of
the Fair Board or its members.

29. ENTIRE AGREEMENT: The booth agreement including these rules and regulations contains the entire understanding of the parties hereto.