This agreement, dated as of the date set forth on the signature page below (this “Agreement”), is by and between AAPI Creatives & Entrepreneurs (ACE) (the “Producer” or “we”) and the undersigned person or entity (“Vendor” or “you”), concerning a license to be a vendor at the ACE Pop-Up Event, (the “Event”). The Event will commence on May 20-21, 2023 from 11am-5pm. The Event will be located at Industry City, located at 268 36th St, Brooklyn, NY 11232 (the “Property”). The Vendor hereby agrees to indemnify, defend and hold harmless Producer and Property Owner, their affiliates, officers, trustees, members, employees, agents and tenants, from and against any and all claims, actions, liability and expense, including attorneys’ fees and court costs, in connection with loss of life, personal injury and/or damage to property arising from or out of Vendor’s sale of produce or other items at the Event or occasioned wholly or in part by any act or omission of the Vendor, its officers, agents, contractors or employees.
The space in question consists of approximately 4,500 square feet (“Space”) located at Industry City, located at 268 36th St, Brooklyn, NY 11232; space will be designated by AAPI Creatives & Entrepreneurs prior to the Event. The Vendor seeks to lease this space during May 20-21, 2023 from 11am-5pm at $300 for a full table (1 vendor per table) or $150 for a shared table (2 vendors per table).
This agreement and fees associated with the Event are not transferable to another vendor if you are no longer able to attend the Event.
In consideration of the mutual promises set forth below, the parties agree as follows:
I. Vendor Fee Options:
III. Vendor agrees that there will be no refund due to cancellations, acts of third party or any other unforeseen situations. Event will not be rescheduled and there will be no refunds to the Vendor. If Vendor needs to cancel, they must notify ACE Pop Up by email to hello@acepopup.com. Any cancellations will not receive a refund. By canceling, Vendor forfeits their spot at the Event.
IV. ACE hereby is responsible for securing the Space to the Vendor for use May 20-21, 2023 from 11am-5pm for the Event.
V. You will provide all equipment necessary for the marketing and sale of your goods or the provision of your services, including all forms and collection of payment.
VI. Vendor agrees that their Space is not secured until payment is received. In general, the purpose of the event is to promote healthy living, local vendors, and to operate the Event as a family-friendly event. Vendor acknowledges and agrees that ACE places significant value on its mission.
VII. Insurance: Vendor agrees to maintain with a responsible insurance company licensed to do business in the State of New York, public liability insurance with contractual liability endorsement covering the aforesaid indemnity, insuring 1-10 Bush Terminal Owner LP, 19-20 Bush Terminal Owner LP, Jamestown Commercial Management Company, L.P., as their interests may appear, against all claims, demands or actions for personal injury, death or property damage in an amount of not less than ONE MILLION DOLLARS ($1,000,000.00) for any one occurrence, and a general aggregate limit of not less than THREE MILLION DOLLARS ($3,000,000.00), made by or on behalf of any person or persons, firm or corporation, arising from, related to or connected with the conduct and operations of the Services on the Property or caused by any act or omission of Vendor, its agents, contractors, performers, assistants or employees. Each insurance policy shall name the Indemnified Parties as an additional insured. Vendor hereby releases and waives all rights of recovery against the Indemnified Parties or anyone claiming through or under each of them by way of subrogation or otherwise. Vendor’s insurance will be primary insurance as to all claims thereunder and provide that any insurance carried by ACE is excess and is non-contributing with any insurance requirement of Vendor. You will furnish ACE copies of the certificate of such insurance policies no later DATE 11:59pm ET sent through email to hello@acepopup.com. In the event that you fail to provide the appropriate insurance as required under this Agreement, you will not be allowed to participate and vendor fees shall not be refundable.
Food Vendors: You agree to comply with all Department of Health and other applicable regulations governing the preparation, handling, distribution and sale of food and obtain any necessary permits yourself. ACE will follow New York covid restrictions which may impact but not limited to: indoor food/drink consumption on premise.
VII. You agree that load in will begin no sooner than TIME & DATE. Tables & art must be set-up and ready for business by 10:30am ET each day. No tear down will happen prior to the Event ending at 6:00pm ET, unless approved by AAPI Creatives & Entrepreneurs.
IX. Vendor agrees to clean up the Space after each use, including the removal of booth, trash and debris, and signs. If AAPI Creatives & Entrepreneurs is required to perform any cleaning duties, outside of its normal functions with respect to the Space, the Vendor agrees to pay an additional charge for such cleaning services, and said amount shall be determined by AAPI Creatives & Entrepreneurs, based on the work performed. If the Vendor fails to pay the cleaning bill within 10 business days of the delivery of the bill, AAPI Creatives & Entrepreneurs may, at its discretion, cancel future contracts.
X. Vendor agrees to be solely responsible for loss or damage to its personal property while on the Property and hereby waives any claim for personal injury or property damage related to its presence on the Property. No permanent markings on property of any type will be acceptable.
XI. Vendor agrees that all Vendor workers in the Event shall be deemed employees or volunteers of the Vendor and the Vendor shall provide all appropriate and/or required workers’ compensation insurance in connection with the operation of the Event.
XII.Vendors hereby authorize and give their full consent to AAPI Creatives & Entrepreneurs to copyright and/or publish any and all photographs, videotapes, film, and any other form of visual/audio communications in which they appear (separately or together) while attending the AAPI Creatives & Entrepreneurs pop-up event. Vendors further agree that AAPI Creatives & Entrepreneurs may transfer, use or cause to be used, these above-mentioned forms of media for any exhibitions, public displays, publications, commercials, art and advertising purposes, and television programs without limitations or reservations.
XIII. Vendor agrees to abide by COVID Guidelines put forth by the City of New York. Vendor must be aware that these guidelines provided by the City of New York may change on the day of the Event, if it does, ACE will make the appropriate changes to adhere to them. By agreeing to be a vendor, you and anyone working your booth is expected to follow these guidelines. Failure to follow will result in forfeiture of your spot. No refunds will be provided. Refer to the FAQ for questions.
XIV. We would be opposed to, for example, Vendors selling items displaying profanity or offensive matters, advocating for actions in opposition to AAPI Creatives & Entrepreneurs’ mission and reputation, or other items or activities of a sensitive nature. AAPI Creatives & Entrepreneurs reserves the right to have the Vendor remove any items they feel violate the above agreement. Refusal to comply will result in a forfeit of the Vendor fee and right to participate during the Event.
XV. Vendor agrees to operate the Event in a manner that does not bring any negative publicity to AAPI Creatives & Entrepreneurs or represent it in a manner that is inconsistent with its mission and charitable activities. AAPI Creatives & Entrepreneurs promotes a smoke free event. Smoking is absolutely prohibited on market grounds. We are committed to providing a public space free of harassment and all other illegal activity associated with discrimination on the basis of race, creed, color, religion, gender, sex, marital status, sexual orientation, national origin, age, physical or mental disability, genetic predisposition or carrier status, military status, veteran status or any other characteristic protected by applicable law. Any form of verbal or physical harassment, including but not limited to sexual harassment, is strictly prohibited and at any of our venues or events and will be grounds for dismissal or expulsion.
Terms and conditions may change at any time.
