2019-2020 Fall Fest Merchant Application and Agreement

This Agreement ("Agreement") is made and entered into this date as electronically stamped upon submission by and between the following "Merchant" and The Junior League of San Antonio, Inc. ("JLSA"), a Texas non-profit corporation, whereby Merchant and JLSA do hereby covenant and agree as follows:

*Total Booth Amount - (This amount must match the total listed in your Merchant Profile. If you do not have an amount on your profile, you will need to fill out a Fall Fest Application and be accepted as a merchant to proceed).

Please complete the application no later than 11:59pm on Friday, August 23, 2019. Applications will be reviewed and selected merchants will be notified on Friday, August 30th via phone or email if their application was accepted for this event. Once selected the merchant will need to complete the agreement and make full payment on or before September 6, 2019.

 

The Junior League of San Antonio is proud to announce our newest fundraiser. Our new fundraiser, Fall Fest, will debut at Hemisfair on Saturday, September 28, 2019. The event will be open to the general public beginning at noon and run until 7:00pm. The event is free to public and tickets to participate in the games and Touch-A-Truck will be available on site. The event will offer a variety of fun for the whole family! The event will have a carnival style kids area, food trucks, two bars, Touch-A-Truck, and local vendors in our shopping area. We are expecting to have between 40 and 50 shopping vendors with a variety of merchandise and price points. The Junior League of San Antonio is also excited to announce that the Fall Fest event will have a sensory hour for Touch-A-Truck from 11:00am to noon. This quiet hour will allow for any families and children with sensory sensitivities to participate. Our committee is so excited to premiere this event and our hope is to have you participate with us!

The event has limited space so we may not be able to accept all merchants who apply. We will have two rounds of merchant selection. The first round will be for all applicants that apply on or before Friday, August 9th. The second round will be for those applicants who apply from August 10th through Friday, August 23rd. 

The first round of merchants will be notified by Tuesday, August 13th if they have been selected. The second round will be notified no later than Friday, August 30th. All notifications will be by phone or email.

The JLSA will not approve a "MLM" multi-level marketing company as a vendor.

Terms and Conditions

Subject to the terms and conditions set out herein, Merchant is granted a limited license to occupy, and stock and sell "Approved Merchandise" (as defined below) from the assigned booth, as stated in merchant online profile (the "Booth") for the total cost stated in merchant online profile at the Fall Fest event to be held at Hemisfair, 434 S. Alamo St., San Antonio, TX 78205, on September 28, 2019 ("Event") in accordance with the terms of this Agreement.

For the purpose of this Agreement the Approved Merchandise is described as follows:

As described in your application and provided in pictures and social media account(s) for the product review.

Upon notice by JLSA, Merchant shall immediately remove any merchandise not appropriate by JLSA's merchant committee. This is a family friendly event so please keep merchandise “PG Rated”.

JLSA will not be held responsible for any similarity of merchants and/or merchandise.

The Merchant agrees to have their booth ready for show, open for business and to operate their Booth at Event at all times during the following hours of operation:

  • September 28, 2019 11:00 AM – 7:00 PM

The Merchant agrees to have all of their merchandise to be moved into the Booth and properly displayed beginning at 11:00 AM on Saturday, September 28, 2019. Move Out will begin at 7:00 PM on Saturday, September 28, 2019 and NOT any earlier. 

The Merchant shall keep the Booth well stocked with only Approved Merchandise.

The Merchant must provide sufficient personnel and merchandise, to keep their booth open for business during the Hours of Operation.

The Merchant will remove all merchandise after 7:00 PM and before 9:00 PM on Saturday, September 28, 2019.

The Merchant shall adhere to JLSA's move in procedure and move out schedule. Schedules will be assigned in advance.

Merchant shall at all times conduct himself in a manner which is consistent with a family oriented market place retail operation.

The Merchant shall not make any sounds or noise that in the sole judgement of the JLSA could disturb or annoy other merchants or those attending the Event.

JLSA reserves the right to cause Merchant to modify or alter its method of presenting its merchandise or conducting its business operations to cause the operations to be reflective of the nature and character to the Event, as determined by the JLSA in its sole discretion.

The Merchant agrees to pay to JLSA a non-refundable fee ("Licensing Fee") as stated in Merchant's online profile for its right to use the Booth in accordance with the terms of this Agreement. The amount of the fee is equivalent to the cost of the booth space, $150 for a single booth.

If the total amount of the Licensing Fee has not been received by JLSA by 11:59 PM September 6, 2019 this Agreement is subject to cancellation at JLSA's sole discretion. All payments are non-refundable.

JLSA will make assignments to Merchant of their Booth Space prior to the commencement of the Event and notify the merchant.

JLSA reserves the right to make changes to Booth assignment and configuration of the Booths within the Property as JLSA may determine necessary or useful.

  • One 10’ x 10’ space
  • One 8 ft table
  • One Chair

PLEASE NOTE: Merchant's Booth Space will not be provided with any electricity or WIFI.

Additional option: There will be a limited number of double spaces (10’ x 20’) available for the. Cost of two spaces ($300.00). If you select and are approved for this booth space, you will be provided with two of each item listed above.

Be mindful that there will be no space in between each booth. You will need to make sure your merchandise and additional merchandise can fit comfortably in your space.

Additional items, such as tables and chairs will be available at an additional cost through JLSA in advance.

Any payment for such additional items shall be due by Merchant, in full, at the time the additional services are requested by Merchant and approved by JLSA.

The request of additional items must be received and paid in full by September 6, 2019. You may request a separate order request form or note below what items you would like for your booth.

All tables used in the Booth Space must be attractively draped to the floor in a manner approved by JLSA, in its discretion. You may bring and use pre-fabricated pop-up tents as part of your display; however, they must be 10 x10 or smaller as to not encroach on your neighbor.

All merchandise, table arrangement, decorations, drapes and lighting are subject to approval by JLSA and must pass inspection by the Fire Marshal and other inspectors of the City of San Antonio and Bexar County.

The Merchant may only display vinyl signage in its Booth Space with approval by the JLSA. Merchant agrees to remove such signage immediately if asked on site.

Display and sale of merchandise will be confined to the Merchant's Booth Space and MAY NOT extend beyond the confines of the Booth Space.

All merchandise must be sold at the prices marked.

All permits and licensing fees for sampling and display of merchandise shall be the responsibility of the Merchant. The Merchant shall comply with all state, federal, and local regulations, including, but not limited to compliance with City of San Antonio Fire Code and Metropolitan Health District regulations. If you require a temporary health food permit, please contact the Fall Fest Committee to request such permit.

The Merchant shall indemnify and defend JLSA and JLSA's officers, directors, employees, volunteers, members and agents (collectively referred to as "JLSA" for purposes of this Section 15) and Merchant shall hold JLSA harmless for and against any and all injuries, losses, threats of loss, claims, actions, damages (including damages connected with exhibiting, transporting, packing and unpacking Merchant's property or merchandise), liabilities and expenses (including without limitation, attorney fees and expenses) arising from, related to or in connection with

(a) Merchant's use or occupancy of the Booth or the conduct of operation of its business therein or in the performance of any of Merchant's obligations under this Agreement, and

(b) any acts,  omissions or negligence of Merchant or any of its agents, employees, contractors, servants, or licensees.

JLSA shall not be liable or responsible for, and Merchant hereby releases JLSA from, all liability or responsibility to Merchant or any person claiming by, through or under Merchant, by way of subrogation or otherwise, for any injury, loss or damage to any person or property in or around the Property, or to Merchant's business or merchandise irrespective of the cause of such injury, loss or damage.

JLSA will provide security, but will not be responsible for the loss, damage, or theft of any personal property or merchandise and personal bodily injury or death.

The Merchant agrees that it will comply with all rules and regulations, as well as all changes therein and additions thereto that may at any time and from time to time, be adopted by JLSA for the operation and administration of Fall Fest and the Property or imposed by the owners or operators of the Property.

JLSA makes no warranties with respect to the collection of unpaid customer accounts or the return of merchandise by customers.

The Merchant will move their vehicle to a parking area of their choice immediately after vehicle has been unloaded/loaded during assigned move-in/move-out time. JLSA will provide a map of surrounding parking areas for your convenience. Parking fees may apply. JLSA reserves the right to have towed, at the vehicle owner's expense, any vehicle not parked in proper designated areas.

As its sole discretion, JLSA may cancel or reschedule the Event at any time. Our rain plan date is scheduled for Sunday, October 13th. No refunds will be offered for their event due to cancellation.

Merchant may not assign this Agreement without JLSA's prior written consent.

JLSA will not be providing any insurance to cover the Merchant’s products.  If the Merchant wants or needs insurance, the Merchant agrees to purchase such insurance at the Merchant’s cost and provide JLSA with a certificate of insurance. 

The Agreement constitutes the sole agreement between parties concerning the Event.

There are no other agreements between parties, oral or written concerning the Event.

The Merchant has not relied in any way upon oral statements, promises or representations of the JLSA in the execution of this Agreement.

This Agreement can be amended only in writing signed by both parties.

In the event JLSA is prohibited from meeting any obligation under the terms of this Agreement due to a Force Majeure, it shall be excused from such performance.

For the purpose of this Agreement a Force Majeure shall mean any event or circumstance that is beyond the commercially reasonable control of JLSA and does not result from the fault or negligence of JLSA, including but not limited to a casualty, strike, lockout, Laws enacted or amended after the Effective Date, war, civil commotion, riot or insurrection, act of God, generally applicable shortage of labor or materials, and act of the public enemy or terrorists.

Merchant must execute and return this Agreement no later than 11:59 PM on Friday, August 23, 2019 to be considered for participation in this event. The selected merchant must then pay their booth space and any additional rental fees no later than 11:59pm on Friday, September 6, 2019. Merchant must be paid in full by Friday, September 6, 2019 or they cannot attend the event.

JLSA shall have the right to terminate this Agreement, in addition to any and all other remedies at law or in equity upon a default by Merchant.

Digital Signature


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