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Vendor Terms

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Last Updated on Monday, 21 December 2009 10:55

Monkey Rock USA, LLC
BASIC TERMS AND CONDITIONS

1.) CONTRACT - This agreement properly executed by the applicant (exhibitor / vendor shall, upon written acceptance by Monkey Rock USA, LLC, constitute a valid and binding contract. Monkey Rock USA, LLC reserves the right to render all interpretations and to establish further regulations as may be deemed necessary.The applicant agrees to be bound by each and every one of the terms and conditions listed below.

2.) USE OF SPACE - Monkey Rock USA, LLC will assign exhibit / vending space in accordance with applicant’s stated preference, depending on availability. Exhibit / vending fees will include space rental, 20 amp / 110 volt electrical hookup, sanitation and security service. Monkey Rock USA, LLC has the right to decline, prohibit or expel any applicant which in its judgment is not consistent with the character of Monkey Rock, this reservation being all inclusive as to exhibit / vending space, person, clothing items, printed material, signage, product, conduct, noise level etc. Storage is available if items do not fit in your allocated area and a fee is applicable for over-sized item storage.Changes to exhibit space locations can occur at any time from the initial assignment through show opening.
No applicant shall assign or sublet any part of their exhibit / vending space without the expressed, written consent of Monkey Rock.Any space not occupied by the agreed dates and times specified (including set up times) in this contract may be reassigned at the discretion of Monkey Rock USA, LLC.All payments will be forfeited unless Monkey Rock, LLC has made special arrangements or exceptions with said applicant.
Applicant must be open and ready to do business by 9:00 am, Friday July 31, 2009 and may be only be dismantled after 5:00pm, Saturday,August 8, 2009.All vendors with rigs must arrive at their assigned time in order to be placed at their assigned site on Thursday, July 30, 2009. If a rig does not arrive at the assigned time, placement cannot be guaranteed and a refund will not be provided.Applicants are not permitted to extend outside allotted rental space, which must include awnings, tailgates (down) and hitches. Exhibitors / Vendors cannot setup prior to Thursday, July 30, 2009, unless given written permission. Exhibitors / vendors must vacate by 7pm Sunday,August 9, 2009, unless given a written extension.

3.) CANCELLATION/REFUND POLICY - Applicants may cancel their reservation for exhibit / vending space before June 1, 2009 and receive 50% of the total rental fee as a refund. No refunds will be given on/or after June 1, 2009.

4.) RELEASE OF LIABILITY - Applicant agrees to waive and forego all claims for damages and recourse of any kind and agrees to assume all risks arising out of or relating to his or her (applicant’s) attendance or participation at said property and to protect, defend, and hold harmless Monkey Rock USA, LLC, Monkey Rock, the owners and the employees from any liability, loss, costs damage or expenses which applicant may cause or sustain from any cause whatsoever including fire, theft, personal injury or property loss due to natural or man made causes. In the event that Monkey Rock commercial property should become unfit for occupancy, or substantially interfered with for any reason due to natural or man made causes, not reasonably within the control of Monkey Rock USA, LLC, this contract maybe terminated by Monkey Rock USA, LLC. For this purpose, the term "cause or causes" shall include, but not be limited to local, state, or federal law, ordinance, rule, order or decree whether constitutional, natural or man made causes. Should Monkey Rock USA, LLC choose to terminate this contract pursuant to the provisions of this paragraph, the applicant shall receive a refund of all monies paid to date.The applicant also waives any and all claims for damages either natural or man made resulting from this action.

5.) INSURANCE - Applicants are required to carry personal injury and blanket contractual liability insurance with minimum limits of $500,000 per occurrence and $1,000,000 aggregate.Applicants must have a Certificate of Insurance on file with Monkey Rock USA, LLC prior to set up of any exhibit or vending space and have Monkey Rock USA, LLC, John Dent, and Gary Lippold named as additional insured. Monkey Rock USA, LLC assumes no liability for any loss, damage, or injury to any property of the applicant or any of it’s officers, agents, employees or contractors, whether attributable to accident, fire, theft or any other natural or man made causes whatsoever.The applicant expressly agrees to defend, indemnify and hold harmless Monkey Rock USA, LLC management , owners, agents, or employees from any and all claims, liability, and losses for injury to persons (including death) or damage to property arising in connection with applicant’s use of exhibit / vending space.

6.) LICENSES - A copy of the completed Meade County Vendors License, a current Temporary South Dakota Sales Tax License, Certificate of Insurance and a Temporary Dealer, Manufacturer or Custom Permit, if applicable, must be provided to Monkey Rock USA, LLC prior to set up. Said documents must be displayed at applicant’s exhibit / vending space during said dates and times specified in this contract.

7.) PROTECTION OF FACILITIES - Holes shall not be made in any paved surface at Monkey Rock without permission of Monkey Rock USA, LLC. Damages resulting from, but not limited to, faulty electrical wiring, improper wiring of electrical outlets, damages in pavement, lighting or facilities will result in monetary compensation by the applicant to Monkey Rock USA, LLC for damages incurred.

8.) RENTAL PERIOD - The rental period shall be from 9:00 am Friday, July 31, 2009 through 12:00 am Saturday,August 8, 2009.

9.) OPERATION OF MOTORIZED VEHICLES WITHIN PROPERTIES - The general Rules of Monkey Rock and all properties connected require that all motorized vehicles be operated in a safe and controlled manner at all times.With the exception of the entrance and parking lots, all of Monkey Rock is a Pedestrian Zone. Operation of motorized vehicles within the area must be coordinated in advance with an On-Site Property Manager and the Chief of Security.

10.) ALL VENDORS AND EXHIBITORS WITHIN MEADE COUNTY - (and subsequently, Monkey Rock) agree to abide by Meade County Ordinance No. 11 which prohibits display or sale of obscene materials.Any violation of this Ordinance will result in immediate eviction from Monkey Rock, with no refund of fees paid.

11.) SECURITY - We have our own security staff. If you wish to retain your own security, it needs to be approved by Monkey Rock USA, LLC, in advance and in writing.
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