Marketplace Booth Agreement

This Agreement is made and entered into this day, Wednesday, August 21, 2019, by and between the Buena Park Noon Lions Club and the firm (sole-ownership, Limited Partnership, corporation) named on this application, whose normal scope of commercial, profit making efforts include regular engagement in activities as stipulated hereunder; an individual acting on their own behalf, whose activities as stipulated hereunder are the result of avocational efforts and do not constitute sole source of personal income; a fraternal, service, or non-profit organization, whose scope of efforts include charitable and/or community service programs/projects benefiting in whole or in part residents of the city of Buena Park, California, and/or residents of the greater West Orange County (California) area, and whose activities as stipulated hereunder provide funds for said efforts; (hereinafter referred to a participant), and the Buena Park Noon Lions Club, a non-profit corporation and administrator of Silverado Days (hereinafter referred to as BPNLC).

Participant proposes to assume the responsibility of staffing, operating, and managing a Booth/s in Sam’s Market Place. Participant stipulates that the goods, services, or activities offered at said booth shall be limited by the stated "Booth Description" on this application.  Participant further stipulates that he/she/they will faithfully comply to all the rules, regulations, policies, terms and conditions as may be noted hereunder:

1. Participant shall be authorized to operate the above named/described activity at a site provided by BPNLC at William Peak Park, hereby defined as space #______ (to be determined later) for a participation fee of $300.00 per space for craft vendors (or $500.00 per space for commercial vendors).  Said participation fee shall be due and payable upon submission and execution of the Agreement. Participation Fees shall be paid by check, money order or PayPal, payable to/or drawn in favor of BPNLC-Silverado Fund.
2. Participants is responsible to obtain, a Business License from the City of Buena Park, a Sellers Permit from the California State Board of Equalization, and if the seller is offering prepackaged food an Orange County Health Department. These Documents must be in the booth for the duration of the event.
3. No Weapons of any kind, either real or faux are permitted including, but not limited to Guns, Knives, Swords or devices designed to launch projectiles such as squirt guns, slingshots, potato guns, blow guns etc.
4. The Market Place Booth must be manned during all Operating Hours.
5. BPNLC  Shall supply the booth/s, illumination and  electrical service. Note: electrical shall be limited to one duplex receptacle, 120v 60 Hz service, less than 20 amps.
6. Electrical Cords shall be limited to Commercial type 12-3 Minimum- NO EXCEPTIONS.
7. No facilitation, other than the booth illumination or electrical service is provided by the BPNLC or the City of Buena Park. This includes but is not limited to tables and chairs.
8. BPNLC  shall provide two vender passes to the participant at check in on the first day of the fair at 9:00am.  Any other considerations such as deliveries should be coordinated with the Market Place Court Chairman in advance of the need.
9. The Sam’s Market Place is a NO SMOKING area, and no open flames are permitted . NO EXCEPTIONS.
10. Participants shall operate the above named described activity on the dates and at the times noted below:
    • Friday, October 18 from 5:00 pm to Midnight
    • Saturday, October 19 from Noon to Midnight
    • Sunday, October 20 from Noon to 10:00 pm
11. Vendors may at their own discretion open earlier than the required time commitment, but are required to be open during the hours shown in item 10.
12. All rules, regulations and conditions set forth are hereof established as an integral part of the terms and conditions of this agreement, and in executing this document all parties there to express their total concurrence.
13. The Silverado Committee established by the BPNLC is established as the administering party to this Agreement, and participant agrees to abide by the policies of its Chairman or Designee thereof.
14. Payment for the Sam’s Market Place Booth shall be made by PayPal or Check. Prepayment and deposits are non-refundable within 30 days of the event for cancelations.
15. Participant  shall defend, indemnify and hold the BPNLC, Lions Clubs International, the City of Buena Park, and affiliated entities, its respective directors, trustees, officers, employees, and agents harmless from and against all liability, loss, expense, (including reasonable attorney’s fees) for claims for injury or damages arising out of the performance of the agreement, specifically, but without limitation, all claims, losses and injuries or damages caused by or result from the operations, negligent acts, or intentional acts or omissions of the entertainer/s, it’s officers, employees or agents.
16. BPNLC reserves the right to decline or prohibit any activity or any proposed activity or proposed activity operator not approved by it, and to permit only such activities as it may approve. This reservation includes but is not limited to persons, conduct, foodstuffs, things, printed matter, advertising, and all else which is deemed to effect the Silverado Days celebration.
17. No activity will be allowed to initiate until all preliminary requirements herein set forth have been complied with.  Failure of the BPNLC to insist in any one or more instances upon the observance and or performance of any of these rules and regulations shall not constitute a waiver of any subsequent breach of such rules and regulations.
18. BPNLC will provide security service and will exercise reasonable precaution for the protection of the property of the Participant, but shall assume no responsibility for loss or damage to the property of the participant.
19. In the event it is necessary for the BPNLC to enforce the terms and conditions of this agreement and to bring legal action to enforce it, Participant agrees to pay reasonable attorney’s fees and court costs.

Silverado Days

By: Buena Park Noon Lions Club Inc.
Chairperson: Kathy La Pierre
Title: Sam's Marketplace Booth Chairman
Address: P.O. Box 6782
City, State, Zip: Buena Park, CA 90622

Participant