GENERAL. This Agreement shall become a binding contract by and between ARC Oakland (“ARC") and partner applicant for the use of booth space and/or participation at ARC Youth Fest 2017 (“Festival”).

Festival Information:

ARC Youth Fest 2017

July 29, 2017

Frank Ogawa Plaza

11:00 AM to 5:00 PM

Oakland, CA 94612

Rain or Shine Event. The Festival is a “Rain or Shine” event. The Festival will not be cancelled or postponed due to rain. Only in extreme inclement weather events will the Festival be cancelled or postponed. It is the responsibility of each partner to be prepared for weather conditions.

TERMS AND CONDITIONS

1. Definitions:

a. ARC Oakland – (“ARC”) is a dba of Art Renaissance Collective, a community organization that is owner and co-operator of ARC Youth Fest (“Festival”), an annual event held in Oakland, California.

b. Partner – The person/business/organization submitting this agreement to, and to be approved by, ARC for the rental of booth space and/or participation at the Festival.

c. Festival – The annual ARC Youth Fest held in Downtown Oakland, CA on the last Saturday in July.

2. Authority. Partner acknowledges that he/she is fully authorized to enter into this Agreement on behalf of the person/business/organization named in this agreement.

3. Effective Date. This Agreement shall become binding and effective upon the date of receipt of all applicable partner fees required for participation in the Festival.

4. Agreement Term. This Agreement shall be in effect from the Effective Date as defined Section 3, through July 29, 2017 at 8:00 P.M. (at least 2 hrs. after Festival ends to cover clean-up period).

5. Communication. All communication between partner and ARC will be via email or text message. If a partner does not have email/text capabilities, he/she must check the festival website at www.arcyouthfest.com for updates and other info.

6. Reservation of Rights. ARC reserves the right to refuse participation to any individual or organization. Submitting an agreement to the Festival does not ensure a party will be selected for participation. Participation in the Festival will be at the sole discretion of ARC. Partner accepts and agrees to this reservation of rights.

7. Agreement Acceptance and Approval. Partner agreements will be accepted during the “Online Registration” period as described on ARC website. Agreements will be accepted on a first-come, first-served basis according to the date and time stamp assigned by ARC Registration Committee. Incomplete agreements will be returned for completion and resubmission. Upon receipt of a COMPLETED agreement, partner will be notified within three (3) calendar days of approval to participate in the Festival. Submitting an agreement to the Festival does not ensure partner participation. Participation in the Festival will be at the sole discretion of ARC and in accordance with Section 6 of this Agreement.

8. Festival Fees and Cancelled Agreements. Partner is responsible for the payment of all applicable fees related to the rental of booth space and/or participation in the Festival. Once an agreement has been conditionally approved by ARC, partner will be electronically invoiced for the payment of all applicable fees. Failure to pay all fees in full within five (5) calendar days of the invoice date will result in the cancellation of a partner agreement. Payments declined for any reason by partner’s financial institution will also result in the cancellation of an agreement.

Upon cancellation a partner may submit a new agreement. However, the assignment of a new booth space is not guaranteed as cancelled booth spaces are immediately reassigned to the next available partner.

9. Refunds. Refunds will only be issued in accordance with the provisions of this Agreement. The refunded amount shall be less any costs associated with partner’s participation to the point of cancellation. NO REFUNDS will be issued for: (1) partner agreements terminated after 5:00 P.M. on JUNE 15, 2017; (2) partner denied entry and/or removed from the Festival by ARC for any reasons whatsoever; or (3) breach of this Agreement.

10. Booth Spaces. To secure a booth space a partner must have: (1) an executed Partnership Agreement; and, if applicable, (2) paid all fees in full. Only partner agreements with an ARC signature will be considered “approved for entry and participation.” Booth spaces will not be reserved or otherwise assigned before agreements are accepted. Booth spaces will be assigned by the various ARC event staff ONLY. Partner may not select or otherwise reserve booth spaces. No returning partner may request booth spaces that were previously assigned during prior Festivals. ARC reserves the right to make the final determination on all booth spaces and may change the space assignment(s) at any time without prior notice to partner.

11. Partner Restrictions. All partner exhibits must be fully contained within the confines of ARC assigned booth space. Exhibits that exceed the dimensions of the booth spaces will be denied entry or required to pay additional fees upon entry. Partner exhibits, demonstrations or other activities shall not interfere with other partner. Partner shall not operate visual or sound systems in any manner that disturbs or interferes with other partner. Partner may not block any access or travel way in the Festival area, or the access or travel way of other partner. Partner shall not roam the Festival area or parking areas to sell products or promote his/her business, without the prior written consent of ARC. Partner shall not place signs in the Festival area or parking areas to promote his/her business. Signs and other advertisements are limited to the confines of a partner’s assigned booth space, unless otherwise approved by ARC.

12. Assignments or Subletting Booth Spaces. Partner may not assign, sublet, share all or any part of his/her assigned booth space to any other person/business/organization or third party without the prior written approval of ARC.

13. through 15. Booth Set-Up and Break-Down: DETAILS WILL BE PROVIDED BY JULY 1, 2017

16. Prohibited Items. Fireworks, explosives (including pop caps), knives, or items deemed by ARC to be obscene, controversial, inappropriate, or otherwise inconsistent with the rules, policies, and mission of ARC. ARC reserves the right to restrict, reject, or remove any exhibit, even after conditional acceptance that ARC, in its sole discretion, determines is objectionable or inappropriate. ARC shall not be liable for any inconvenience, cost, or damages on the part of partner which prerogative may be exercised at any time in ARC’s sole judgment and discretion, consistent with the rules, policies, procedures and standards referenced herein.

17. Compliance with Applicable Laws. Partner agrees to comply with all ARC rules, policies, and procedures, and all local and federal laws and regulations in connection with his/her participation in the Festival. Failure to comply shall be grounds for removal from the Festival.

•Proof of Mobile Food Partner/Food Permits required with agreement (receipts/copy of agreement acceptable)

•Food partner is responsible for meeting all Alameda County Health requirements and codes

•Food partner is required to have a full and working fire extinguisher in their booth. Fire extinguishers will be inspected by the Oakland Fire Department’s fire inspector.

18. Dispute with ARC. Partner agrees that in any dispute over ARC rules, policies, procedures, or decisions: (1) ARC's final determination shall govern and shall be final and conclusive; and (2) partner shall accept the outcome.

19. Termination of Agreement. Partner may terminate this Agreement by giving written notice to ARC on or before June 15, 2017 at 5:00PM. The date of termination shall be the date ARC receives partner’s written notice. Verbal notice of termination will not be accepted. No refund will be issued for written termination notices received after 5:00 P.M. on JUNE 15, 2017.

20. Agreement Breach. Breach of this Agreement prior to the Festival date will result in the cancellation of partner’s agreement. Breach of this Agreement on the day of the Festival will be grounds for removal from the Festival. ARC reserves the right to remove any partner who violates the terms of this Agreement. No refunds will be issued for breach of this Agreement. Partner determined to be in breach of this Agreement will be denied participation in the following year’s Festival.

Each party shall bear its own costs and expenses, including attorneys’ fees, incurred as a result of the breach of this Agreement.

21. Assumption of Risk. Partner assumes all risks associated with, resulting from or arising in connection with his/her participation or presence at the Festival. Partner has sole responsibility for his/her property or any theft, damage or loss to such property. Partner expressly assumes the risk of rain, wind, lightning, and other weather-related elements on the day of the Festival. ARC expressly disclaims any obligation or representation related to the number of persons attending the Festival, or the revenue to be derived there from. This section shall survive the termination, cancellation, or expiration of this Agreement for any reason.

22. Liability and Indemnification. Partner shall indemnify, defend, and hold ARC, its officers, agents, successors and assigns, harmless against any and all liability, claim, damages, loss, or expense (including attorneys’ fees) incurred by partner or any person associated with partner, resulting from: (1) partner’s participation or presence at the Festival; and/or (2) any actual or alleged breach by partner of any obligations under this Agreement. Partner shall indemnify, defend, and hold ARC, its officers, agents, successors and assigns, harmless against any and all liability, claim, damages, loss, or expense (including attorneys’ fees) incurred by ARC or any person associated with ARC, resulting from any actual or alleged breach by partner of any obligations under this Agreement.

23. Security. Partner is responsible for his/her own personal property and liability before, during, and after the Festival. Oakland police officers will patrol the Festival area during the day on July 29, 2017.

24. Use of Image and Recordings. Partner grants AYF the nonexclusive right to use any photographs, videotapes, recording or any other record of the Festival for the purpose of promoting the event.

25. Use of Marks. Partner grants ARC the exclusive right to use and display partner’s trade name, logos, and trademarks provided to ARC for the purposes of promoting the Festival.

26. Festival Cancellation. If the Festival is cancelled due to circumstances beyond AYF’s reasonable control (i.e., extreme inclement weather, acts of God, civil unrest, war, etc.), ARC shall refund all partner fees previously paid.

27. Severability. If any provision of this Agreement is held to be invalid by a court of law, the remaining portions shall remain in full force and effect.

28. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Alabama.

29. Complete Agreement. This Agreement, which incorporates by reference any and all partner requirements, represents the complete agreement between partner and ARC and no other representations, statements, or understandings are included as any part of this Agreement. This Agreement shall not be amended or modified without the express written approval of ARC.

 

By selecting a payment method above, I certify that have read and agree to the terms and conditions outlined in the ARC Youth Fest Standard Agreement.

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