2025 Discover Kenmore

The individual signing this contract is an authorized representative of the company with the full power and authority to sign and deliver this contract. A signature on this application indicated the understanding and agreement to comply with all policies including but not limited to the Exhibitor Terms and Conditions, and any other issued by the Kenmore Business Association regarding the Discover Kenmore

Contract between (hereinafter known as VENDOR) and Kenmore Business Association. Discover Kenmore for operation Saturday July 27, 2024 from 10am-4pm

Both parties agree as follows:
A. RESPONSIBILITY OF THE KENMORE BUSINESS ASSOCIATION
    1. THE KENMORE BUSINESS ASSOCIATION to provide 10’x10’ Access area to VENDOR’S booth(s) at agreed number listed in vendor contract.
B. RESPONSIBILITIES OF THE VENDOR
    1. VENDOR is required to set-up their booth at the assigned time given by event promoters. You will be given time in advance of the event. Load in will be Saturday 9:00am to 10:00am. Teardown may not begin until the conclusion of the event at 4:00pm. You bring your own table, chairs and tent.
    2. The VENDOR will not sell or donate space in their booth for advertising and/or promotion of any third party without written consent of THE KENMORE BUSINESS ASSOCIATION.
    3. The VENDOR agrees to operate in accordance with regulations set forth by the State and Federal Agencies and must be individually permitted to operate by the State of NY.
    4. The VENDOR is responsible for paying all applicable federal, state, and local taxes. VENDOR is required, by law, to obtain and display a valid tax certificate if applicable.
    5. The VENDOR agrees to pay all fines/penalties levied to VENDOR and to reimburse THE KENMORE BUSINESS ASSOCIATION for any fines/penalties levied to THE KENMORE BUSINESS ASSOCIATION as a result of the VENDOR’S non-compliance with any Federal, NYS, or local law including, but not limited to, DEV, OSHA, FCC, DOL, DOH, and EPA.
    6. VENDORS are responsible for arranging for any electrical and phone line requirements for booth with the Kenmore Business Association.
    7. Food vendors, including those who offer samples of food, will be required to have their Health Department Permits. If you will be sampling/selling any food items, you must have the appropriate health permit. If you have any questions about needing a permit please contact the Erie County Health Department at 716.858.7690. You will also need to have a copy of your sales tax certificate at display at your booth if you are conducting any sales.
    8. VENDOR is not to hold any gambling, games of skill or chance in their booth.
C. RESPONSIBILITIES OF BOTH PARTIES – GENERAL INFORMATION
    1. VENDOR sales locations are at the discretion of THE KENMORE BUSINESS ASSOCIATION
    2. THE KENMORE BUSINESS ASSOCIATION and VENDOR shall remain independent contractors, and nothing contained herein or done pursuant hereto shall be construed to create any relationship of principal and agent or employer and employee between THE KENMORE BUSINESS ASSOCIATION and VENDOR to make joint ventures.
    3. The VENDOR, its affiliated companies, and subsidiaries, agree to be responsible for, and to defend, hold harmless, and indemnify, THE KENMORE BUSINESS ASSOCIATION, and their affiliated companies, and their agents, servants, officers, including reasonable attorney’s fees, of liability whether by reason of injury (including death) to the person or property of another or otherwise arising in connection with this Agreement, excepting only claims based upon THE KENMORE BUSINESS ASSOCIATION’S sole negligent or intentional acts.
    4. An application for the show is a commitment. Exhibitor’s payment for the booth rental fee must be included with the exhibit space application/contract. Payment must be made in full with submittal of exhibit form. No Refunds. In the event that the exhibitor fails to occupy their allotted exhibition space by the advertised opening time, the organizer is authorized to occupy this space in any matter deemed to be in the best interest of the event. The exhibitor contracted to this space will remain liable to all terms and conditions of the contract and will not be eligible for a refund. Event does not have a rain date. Unless unsafe the event will go on rain or shine.
    5. The Discover Kenmore Organizers expressly exclude any liability in respect of any actions, claims, losses (including without limitation consequential losses), damages, costs or expenses whatsoever which may be brought, suffered or incurred by the Exhibitor or its employees, sub-contractors or agents as a result of the prevention, postponement or cancellation of the Exhibition or the Venue becoming wholly or partially unavailable for the running of the Exhibition. The Organizers may, at their discretion, repay the rental paid or part thereof by an Exhibitor, but shall be under no obligation to do so and shall be under no liability to the Exhibitor in respect of any actions, claims, losses (including consequential loss), costs or expenses whatsoever which may be brought against or suffered or incurred by the Exhibitor as the result of the happening of any such events. If, at the sole discretion of the organizers, rearrangement or postponement of the period of the Exhibition, or by substitution of another hall or building or by any other reasonable manner the Exhibition can be carried out, this contract shall be binding upon the parties, except as to size and position of stands, as to which any modification, substitutions or rearrangement they consider necessary shall be determined by the Organizers.
    6. Exhibitors shall neither share nor sublet the whole or part of their booth allocated to them with another organization without the written consent of the Discover Kenmore Organizers.
    7. Security service is not provided to individual booth spaces.
    8. The use of the Kenmore Business Association name and/or logo on displays, signs, giveaways, promotional literature or other materials is prohibited. It may be used in promotional materials only with the express written approval of the Organizers. All design concepts and promotional materials should be sent to Kenmore Business Association for review and approval prior to printing.