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Mama’s Hot Tamales
& East Los Angeles Net
Present
4th Annual Los Angeles
International Tamale Festival / Dia de los Muertos
October 31, November 1 & 2, 2008
Event Time: Friday 3pm - 8pm - Saturday
10am - 9pm - Sunday 11am - 6pm
At “MacArthur Park on 7th Street &
Alvarado Street”
Terms and Conditions
1.) AGREEMENT TO ALL
TERMS, CONDITIONS AND RULES.
Exhibitor/Vendor agrees
to observe and abide by the Terms, Conditions and Rules set forth hereafter
and by such additional Terms, Conditions and Rules made by East Los Angeles
Net, Los Angeles International Tamale Festival & Mama’s Hot Tamales
("Management") on notice to Exhibitor/Vendor from time to time for the
efficient or safe operation of the Event. Participation is subject to the
approval of East Los Angeles Net, Los Angeles International Tamale Festival
& Mama’s Hot Tamales.
PAYMENT SCHEDULE. Payment of 100% of the total
exhibit/vendor space fee must accompany the application. An Exhibitor’s/Vendor’s
check returned from the bank for any reason will result in forfeiture of
priority in booth/space assignment and, depending on booth/space availability,
may result in denial of participation. There is a $25 fee on all returned
checks. No Exhibitor/Vendor shall be allowed to install its exhibit unless
it is fully paid. Early Bird Discount is available if paid by the following
Dates: March 1, 2008 - 25% off, April 1, 2008 - 20% off, May 1, 2008 -
15% off, June 1, 2008 - 10% off. Payment after June 2, 2008 must be made
with a Cashers Check or Money Order and must be made by August 1, 2008.
CANCELLATION POLICY.
No refunds will be giving after Exhibitor/Vendor Application and payment
has been process.
2.) LIMITATION OF LIABILITY AND INDEMNITY.
(A) Neither East Los Angeles
Net, Los Angeles International Tamale Festival & Mama’s Hot Tamales
nor any of their officers, agents, employees or other representatives shall
be held liable for, and they are hereby expressly released from, liability
for any damage, loss, harm or injury to the person or property of the Exhibitor/Vendor
or any of its officers, agents, employees, or other representatives, resulting
from theft, fire, water, accident or any other cause.
(B) The Exhibitor/Vendor
shall indemnify, defend and protect East Los Angeles Net, Los Angeles International
Tamale Festival & Mama’s Hot Tamales against , and hold and save East
Los Angeles Net, Los Angeles International Tamale Festival & Mama’s
Hot Tamales harmless from, any and all claims, demands, suits, liability,
damages, loss, costs, attorney’s fees and expenses of whatever kind or
nature, which result from, arise out of or are connected with any acts,
or failures to act, or negligence of Exhibitor/Vendor, or any of its officers,
agents, employees or other representatives, including, but not limited
to, claims of damage or loss resulting from the breach of these Terms,
Conditions and Rules, and claims of damage or loss to any third party resulting
from (i) any infringement of a copyright or patent or the unauthorized
use of a trademark or (ii) Exhibitor’s/Vendor’s noncompliance with the
Americans with Disabilities Act and the provision of paragraph 16 hereof.
(C) In no event shall East
Los Angeles Net, Los Angeles International Tamale Festival & Mama’s
Hot Tamales be liable for any consequential, indirect or special damages,
whether foreseeable or unforeseeable, whether based upon lost goodwill,
lost profits, loss of use of the Exhibit/Vendor Space, or otherwise, and
whether arising out of breach of any express or implied warranty, breach
of contract, negligence, misrepresentation, strict liability in term, or
otherwise, and whether based on this Agreement, any transaction performed
or undertaken under or in connection with the Agreement, or otherwise.
Exhibitor/Vendor agrees that the liability of East Los Angeles Net, Los
Angeles International Tamale Festival & Mama’s Hot Tamales for damages,
regardless of the form of action, shall in any event be limited to the
aggregate exhibit/vendor fees paid by Exhibitor/Vendor under this Agreement.
(D) Exhibitor/Vendor holds
East Los Angeles Net, Los Angeles International Tamale Festival & Mama’s
Hot Tamales harmless for any damage or loss of Exhibitor’s/Vendor’s displays
and exhibits.
3.) SHOW HOURS AND DATES.
Exhibitor/Vendor must adhere to Event opening and closing times. Booth
must remain open and staffed throughout the entire Event. Set-up time is
Friday, October 3 ,2008 from 10 a.m. to 1 p.m. All booths must be
set-up by 2 p.m. The official start time is on Friday is 3 p.m..- Set-up
time is Saturday from 7 a.m. to 8 p.m. All booths must be set-up by 9 a.m.
The official start time is on Saturday is 10 a.m.. - Set-up time is Sunday
from 8 a.m. to 9 a.m. All booths must be set-up by 10 a.m. The official
start time is on Sunday is 11 a.m.. Exhibitor/Vendor may forfeit fees and
booth can be reassigned if not checked-in each event day with the Set-up
Time. All exhibits/vendor must be open for business during all exhibit/vendor
hours, and no dismantling or packing may be started before the official
close of the Event. East Los Angeles Net, Los Angeles International Tamale
Festival & Mama’s Hot Tamales reserves the rights to change event dates
or location. East Los Angeles Net, Los Angeles International Tamale Festival
& Mama’s Hot Tamales will provide Exhibitor/Vendor with proper notification
in writing of any change in dates or location. Exhibitor/Vendor reserves
the right to cancel, without penalty, upon a reassignment of dates and
location, without cause. Such cancellation must be made in writing by Exhibitor/Vendor
within 10 business days of notification of reassignment of dates or location.
4.) ASSIGNMENT OF EXHIBIT/VENDOR
SPACE, EQUIPMENT & POWER.
Exhibitor/Vendor space will
be assigned by East Los Angeles Net, Los Angeles International Tamale Festival
& Mama’s Hot Tamales. East Los Angeles Net, Los Angeles International
Tamale Festival & Mama’s Hot Tamales reserves the right to modify the
floor plan to accommodate space sales or relocate Exhibitors/Vendors to
avoid conflict, as necessary. In all instances, East Los Angeles Net, Los
Angeles International Tamale Festival & Mama’s Hot Tamales reserves
the right to determine final placement of the Exhibitor/Vendor. Exhibitors/Vendors
are prohibited from moving to another booth location or otherwise relocate
their assigned space without prior consent from East Los Angeles Net, Los
Angeles International Tamale Festival & Mama’s Hot Tamales. Any Exhibitor/Vendor
found reassigning booths space will forfeit fees and booth space. East
Los Angeles Net, Los Angeles International Tamale Festival & Mama’s
Hot Tamales shall assign the Exhibit Space to Exhibitor/Vendor for the
period of the Event, provided the Event Space is made available to East
Los Angeles Net, Los Angeles International Tamale Festival & Mama’s
Hot Tamales Such assignment is made for the period of this Event only and
does not imply that the same or similar space will be held or offered for
future events.
East Los Angeles Net, Los
Angeles International Tamale Festival & Mama’s Hot Tamales reserves
the right to terminate this Agreement, close the exhibit/vendor space and
remove the Exhibitor’s/Vendor’s property if East Los Angeles Net, Los Angeles
International Tamale Festival & Mama’s Hot Tamales determines in its
sole discretion that Exhibitor/Vendor is not eligible to participate in
the Event or that Exhibitor’s/Vendor’s product is not eligible to be displayed
in the Event. Each standard space includes one 6’ table and two chairs.
All requests for additional items (tables, chairs, etc.) must be made in
advance at additional charge. There will be no changes made the day of
the event for those Exhibitors/Vendor’s who have made prior arrangements
for power access, you will have one 20-amp circuit. Please bring any necessary
power strips and extension cords. One 20-amp circuit is equivalent to one
household outlet. All Exhibitor/Vendor that require additional power are
requested that you contact East Los Angeles Net, Los Angeles International
Tamale Festival with the details of equipment to be use at the event in
order to place a Work Order with the Special Event Power Company and the
minimum fee of $130.00 and depending on the require service you may be
subject to a additional fee. Power will be turn on 1 hour before event
time & will be turn off 1 hour after event time. All Exhibitor/Vendor
that are assign tables, chairs, light fixture/s and tent must agree and sign a users agreenment form at the time of registration
. Food Vendors are require to provide there own tables, chairs
and light fixture.
5.) ASSIGNMENT. An
Exhibitor/Vendor shall not assign to a third party its rights hereunder
to the Exhibit/Vendor Space or any portion thereof without the written
consent of East Los Angeles Net, Los Angeles International Tamale Festival
& Mama’s Hot Tamales which consent East Los Angeles Net, Los Angeles
International Tamale Festival & Mama’s Hot Tamales may withhold in
its sole discretion. If such consent is given, the Exhibitor/Vendor shall
assume full responsibility for the conduct of the assignee.
6.) DISPLAYS AND DECORATIONS.
Merchandise, signs, decorations or display fixtures shall not be attached
to the floor. No exhibit, merchandise, equipment, trunks, cases or packing
materials shall be brought into or out of the Exhibit/Vendor Space during
event hours. No signs, advertising devices or merchandise shall be displayed
outside the Exhibit/Vendor Space or project above or beyond the limits
of the assigned Exhibit/Vendor Space.
7.) FIRE RULES.
Exhibitor/Vendor shall not
pack merchandise in paper, straw, excelsior or any other readily inflammable
material. All cartons stored in the Event shall be emptied of contents.
Exhibitor/Vendor shall use no flammable decorations or covering for display
fixtures, and all fabrics or other material used for decoration or covering
shall be flameproof. If required by local laws or ordinances, All Exhibitor/Vendor
are require to maintain a Fire Extinguisher.
Exhibitor shall have on
hand in its Exhibit/Vendor Space a notarized affidavit establishing that
its display material has been treated during the past year by an approved
chemical. All wiring devices and sockets shall be in good condition and
meet the requirements of local law.
8.) OBSERVANCE OF LAWS.
Exhibitor/Vendor shall abide
by and observe all laws, rules, regulations and ordinances of any applicable
governmental authority and all rules of the Event Space. All Fire Lanes
noted on Event Floor Plan are require to maintain clear of all vehicles
at times and any Vehicle Parked on any Fire Lane is subject to a Fire Department
Citation and Exhibitor/Vendor vehicle Tow away which the Exhibitor/Vendor
is responsible for all charges due to the failure of Event Terms and Conditions.
9.) EXHIBITOR CONDUCT. Exhibitor/Vendor and its representatives shall not
congregate or solicit in front of another Exhibitor/Vendor Space. The prior
written consent of East Los Angeles Net, Los Angeles International Tamale
Festival is required for the employment or use of any live model, demonstrator,
solicitor or device for the mechanical reproduction of sound. Such employment
or use shall be confined to the Exhibit Space. East Los Angeles Net, Los
Angeles International Tamale Festival & Mama’s Hot Tamales, in its
sole and absolute discretion, may withdraw its consent at any time, in
which event Exhibitor shall terminate such activity forthwith. All promotional
plans must be submitted to East Los Angeles Net, Los Angeles International
Tamale Festival for approval in advance of the Event. Distribution of pamphlets,
brochures or any advertising matter must be confined to the Exhibit/Vendor
Space. Exhibitor/Vendor shall refrain from any action that will distract
buyers from attendance at the Event during open hours. The Exhibit/Vendor
Space shall not be used for entertaining. Exhibitor/Vendor shall not lead
buyers from one exhibit/vendor space. Exhibitor/Vendor shall not enter
into another Exhibitor’s/Vendor’s space without invitation or when unattended.
Neither Exhibitor/Vendor nor any of its representatives shall conduct themselves
in a manner offensive to standards of decency or good taste.
10.) GIVEAWAYS.
Exhibitors/Vendors are encouraged
to provide free gifts, giveaways, drawings, etc. If a drawing is desired,
participants are responsible for the facilitation of their own drawing.
All drawings must be no purchase necessary and free of charge to Event
attendees. East Los Angeles Net, Los Angeles International Tamale Festival
& Mama’s Hot Tamales will not, however, be able to announce winners
throughout the Event itself.
11.) DIRECT SELLING.
Exhibitor’s/Vendor’s are
allow the selling of there items.
12.) PLAYING OR REPRODUCTION
OF MUSIC.
Exhibitor/Vendor shall not
provide or permit the playing or reproduction of music in any form or at
any time unless (a) if the music is copyrighted, Exhibitor/Vendor shall
in advance obtain, and provide a copy to East Los Angeles Net, Los Angeles
International Tamale Festival & Mama’s Hot Tamales of, a written license
to perform said music at the Event from the owner of the copyright of said
music and (b) whether the music is believed to be copyrighted or not, Exhibitor/Vendor
shall obtain in advance from East Los Angeles Net, Los Angeles International
Tamale Festival & Mama’s Hot Tamales a written consent to the providing
of such music by Exhibitor/Vendor. Exhibitor/Vendor specifically agrees
that in the absence of full compliance with (a) and (b) above, no music
whatsoever, in any form, will be provided or permitted by it, and in the
event of any copyright infringement issue arising with respect to the use
by Exhibitor/Vendor of all of the provisions of Paragraph 2 hereof will
be applicable. East Los Angeles Net, Los Angeles International Tamale Festival
& Mama’s Hot Tamales shall have the power to make any reasonable settlement,
without the consent or approval of Exhibitor/Vendor, to resolve any dispute,
which may arise between East Los Angeles Net, Los Angeles International
Tamale Festival & Mama’s Hot Tamales and anyone claiming to enforce
a copyright. This settlement shall nevertheless be binding on Exhibitor/Vendor
insofar as holding East Los Angeles Net, Los Angeles International Tamale
Festival & Mama’s Hot Tamales harmless and indemnifying East Los Angeles
Net, Los Angeles International Tamale Festival & Mama’s Hot Tamales
is concerned. Exhibitor/Vendor expressly agrees that East Los Angeles Net,
Los Angeles International Tamale Festival & Mama’s Hot Tamales may,
at Exhibitors/Vendors expense, take any legal action, including summary
action, appropriate to ensure compliance by Exhibitor/Vendor with these
provisions, including the obtaining of any injunction against Exhibitor/Vendor.
13.) EXHIBITOR PASSES.
Exhibitor/Vendor will receive
4 Exhibitor/Vendor Badges to the Event included in standard package and
1 Parking Permit. Additional Parking Permits can be purchase tickets at
the discounted rate of $20 prior to the event. The discounted ticket price
will not be available the day of the show.
14.) CLOSING OF EXHIBIT.
(A) If Exhibitor/Vendor
or one of its subsidiaries or affiliates is on strike, resulting in picketing
or similar type of demonstration in or near the Event Area, East Los Angeles
Net, Los Angeles International Tamale Festival & Mama’s Hot Tamales
reserves the right to terminate this Agreement forthwith, close the exhibit
and remove the Exhibitor’s/Vendor’s property from the Exhibit/Vendor Space.
(B) East Los Angeles Net, Los Angeles International Tamale Festival &
Mama’s Hot Tamales shall be entitled to terminate this Agreement forthwith,
close the exhibit and remove the Exhibitor’s/Vendor’s property form the
Exhibit/Vendor Space at any time for failure by Exhibitor/Vendor or its
duly authorized assignee or any of its officers, agents, employees or other
representatives to perform, meet or observe any Term, Condition or Rule
set forth herein, and such Exhibitor/Vendor shall not be entitled to a
refund of any payments.
15.) FUTURE SHOWS.
In addition to East Los
Angeles Net, Los Angeles International Tamale Festival & Mama’s Hot
Tamales right to terminate this Agreement, close the exhibit and remove
the Exhibitor’s/Vendor’s property as provided for in Paragraph 14 hereof,
East Los Angeles Net, Los Angeles International Tamale Festival & Mama’s
Hot Tamales, in its sole judgment, may refuse to consider Exhibitor/Vendor
for participation in future events with which East Los Angeles Net is involved
if Exhibitor/Vendor violates or fails to abide by all Terms, Conditions
and Rules set forth herein.
16.) INABILITY TO HOLD
SHOW.
If, because of war, fire,
strike, exhibit/event facility construction or renovation project, logistical
problems, government regulation, public catastrophe, terrorist attack,
act of God or the public enemy or other cause beyond the control of East
Los Angeles Net, Los Angeles International Tamale Festival & Mama’s
Hot Tamales, the Event or any part thereof is prevented from being held,
is cancelled by East Los Angeles Net, Los Angeles International Tamale
Festival & Mama’s Hot Tamales or the Exhibit Space or any part thereof
becomes unavailable, East Los Angeles Net, Los Angeles International Tamale
Festival & Mama’s Hot Tamales shall have no liability to Exhibitor/Vendor,
except that East Los Angeles Net, Los Angeles International Tamale Festival
& Mama’s Hot Tamales, in its sole discretion, shall determine and refund
to the Exhibitor/Vendor its proportionate share of the balance of the aggregate
exhibit fees received which remains after deducting expenses incurred by
East Los Angeles Net, Los Angeles International Tamale Festival & Mama’s
Hot Tamales and reasonable compensation to East Los Angeles Net, Los Angeles
International Tamale Festival & Mama’s Hot Tamales, but in no case
shall the amount of the refund to Exhibitor/Vendor exceed the amount of
the exhibit fee paid.
17.) JURISDICTION.
Each of East Los Angeles
Net, Los Angeles International Tamale Festival & Mama’s Hot Tamales
and Exhibitor/Vendor hereby consents to the jurisdiction of the Superior
Court of the State of California and the United States District Court for
California for all purposes in connection with this Agreement and further
consents that any process or notice of motion in connection therewith may
be served by certified or registered mail or personal service, within or
without the State of California, provided a reasonable time for appearance
is allowed.
18.) GOVERNING LAW; AMMENDMENTS.
This Agreement, having been
executed in the State of California, shall be governed by and construed
and enforced in accordance with the laws of the State of California as
if it is in an agreement made and to be performed entirely within such
State. This Agreement may not be amended or modified expect by a written
communication by East Los Angeles Net, Los Angeles International Tamale
Festival & Mama’s Hot Tamales.
19.) SEVERABILITY; WAIVER.
If any part of this Agreement
is found invalid, the remaining provisions shall remain unaffected and
enforceable. Any East Los Angeles Net, Los Angeles International Tamale
Festival & Mama’s Hot Tamales decision, selection of any course of
action, or exercise of any right or remedy is at its sole option and discretion
and does not waive or prejudice East Los Angeles Net, Los Angeles International
Tamale Festival & Mama’s Hot Tamales as to any other choice. East Los
Angeles Net, Los Angeles International Tamale Festival & Mama’s Hot
Tamales failure at anytime to require Exhibitor’s/Vendor’s strict compliance
with an any part of this Agreement shall not thereafter waive or reduce
East Los Angeles Net, Los Angeles International Tamale Festival & Mama’s
Hot Tamales right to require strict compliance with the same or any other
provision of the Agreement.
PLEASE MAIL
APPLICATION, PAYMENT AND REQUIRE INFORMATION TO:
Make payment payable to:
East Los Angeles Net
Mail to: Los Angeles International Tamale Festival
15900 Crenshaw Blvd Suite G-263 Gardena, CA 90249
if you have any question
please call (323) 318-4553 or visit web site: www.LosAngelesTamaleFestival.com
NOTE:
East Los Angeles Net, Los
Angeles International Tamale Festival & Mama’s Hot Tamales reserves
the right to refuse the sale of booth/space to any applicant.
Online E/V Form #01-Feb.19,2008
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