Terms & Conditions * 2022 Maryland 5 Star at Fair Hill - Terms & Conditions of Vendor Application
Maryland 5 Star at Fair Hill (the “Event”) will provide:
(a) On-site security including overnight surveillance by Event Security from Monday, October 10th at 6:00am until Monday, October 17th at 6:00pm
Neither the Event nor its agents will be held liable for any loss due to theft or any damage, for any reason whatsoever, to retail vendor’s merchandise, other property or representative of the Retail Vendor.
(b) The Event will provide each retail vendor with one (1) complimentary general parking and (4) retail vendor credentials for the duration of the Event. NO parking behind the Retail Vendor tent will be available.
Company (“Retail Vendor”) will be responsible for:
(a) Any expense in connection with the Retail Vendor’s merchandise set up or tear down
(b) Obtaining a Maryland permit of business license if required through the Maryland Department of Labor. Click here to learn more about obtaining a MD business license.
(c) Collection and payment of all Maryland state sales tax incurred by Vendor (if applicable, I.E. non-profit tax exempt status. Learn more about sales and use tax exemption in MD here)
(d) Returning of all tables and chairs
(e) Remaining open during Event business hours, including thirty (30) minutes after the completion of that day’s competition
(f) Committing to four (4) days of business – Thursday, Friday, Saturday and Sunday
(g) All trash is to be placed in the designated dumpsters and/or trash cans. Retail Vendors are also encouraged to bring personal trash receptacles for their spaces. Retail Vendor space is to remain trash free throughout the hours of business with the exception of small waste receptacles within designated areas. Retail Vendor space must be cleaned-up and completely trash free when leaving each day. Place all cardboard trash in the recycling dumpster.
Move-In Dates: Monday October 10 – Tuesday October 11 from 8:00am to 5:00pm
Hours of Business: (Hours of operation may fluctuate based on weather, hours of competition or administrative decisions)
Thursday October 13 – Sunday October 16 – 9:00am to 5:00pm (or 30 minutes after the completion of each day’s competition)
1. APPLICATION FORM: The Retail Vendor Application Form is issued by The Sport & Entertainment Corporation of Maryland (“The Sport Corp”).
(a) Please be advised that no request for space will be considered unless a FULLY COMPLETED APPLICATION AND APPROPRIATE FEES IN THE FULL AMOUNT have been received by The Sport Corp
(b) NO APPLICATIONS ARE ACCEPTED, NOR SPACE RESERVED, VIA TELEPHONE. PLEASE SUBMIT ONLINE THROUGH THE OFFICIAL EVENT WEBSITE (www.maryland5star.us).
(c) Please list all merchandise to be offered on the application.
2. ACCEPTANCE/PROCESSING: Receipt of application and fees is not an automatic guarantee of acceptance. Applications are considered according to PREVIOUS ATTENDANCE, SUBMISSION DATE and BASED UPON AVAILABILITY.
(a) FULL PAYMENT IS NOT PROCESSED UNTIL THE APPLICATION IS ACCEPTED. Applicants will be notified via email whether they are accepted or not. If not accepted, the payment will not be processed or will be credited to the applicant by The Sport Corp.
(b) The Sport Corp evaluates each application for acceptance with best efforts to ensure a reasonable market for all retail vendors. Reasonable best efforts will be made to place retail vendors so that any competition within proximity of the other will be limited. Furthermore, reasonable best efforts will be made to honor any requests for a desired location or placement but ARE NOT GUARANTEED.
(c) When all available retail vendor spaces have been filled, applicants whose applications have already been received by The Sport Corp will be advised and placed on the waiting list in chronological order.
3. INTELLECTUAL PROPERTY: Retail Vendor agrees and acknowledges that it shall acquire no interest or implied license in any copyrights, trademarks, service marks, other intellectual property and/or intellectual property of The Sport Corp or the Event (or any combination thereof). Any use of the Event name and/or logo is prohibited without written consent and approval by The Sport Corp.
4. RIGHT OF EXCLUSION: The Sport Corp reserves the right to exclude any person or company from exhibiting, or to close the stand of any Retail Vendor for conduct objectionable to The Sport Corp, at its sole discretion. In the event of such exclusion or closure, the person or company WILL NOT be entitled to any refund of the application fee.
5. ALLOTMENT OF SPACE
(a) Applications for space shall be at the sole discretion of The Sport Corp and The Sport Corp shall determine the position to be allotted to Retail Vendors.
(b) NO RETAIL VENDOR MAY SUBLET THE WHOLE OR ANY PORTION OF ANY SPACE ALLOTTED BY THE SPORT CORP; the contractual retail vendor is wholly responsible for any supplier whose goods are exhibited in the retail vendor’s space.
(c) RETAIL VENDORS MUST USE THE SPACE PROVIDED AND DESIGNATED BY THE SPORT CORP. Violators will be excluded as defined in Section 4 RIGHT OF EXCLUSION
6. PROMOTION: Retail Vendor is permitted to promote within the boundaries of its booth space. No promotional posters, fliers, materials, etc. are permitted outside of Retail Vendor’s paid space. No promotional posters, fliers, materials, etc. may be hung around the Fair Hill Special Event Zone (the “Venue”).
7. ADMISSION/PARKING PASSES
(a) Retail Vendors will receive parking permit(s) and retail vendor credentials at the sole discretion of The Sport Corp based on booth space size.
(b) Retail Vendor credentials are NOT transferable among retail vendor staff throughout the duration of the Event. Parking pass(es) may be transferred among retail vendor staff throughout the Event.
(c) Additional passes will be available for purchase based on availability.
8. SETUP OF STANDS
(a) Goods, exhibits and units may arrive on the grounds NO EARLIER THAN MONDAY OCTOBER 10, 2022 AT 8:00 A.M.
(b) All stands MUST BE MOVED IN BY 5:00 P.M., TUESDAY, OCTOBER 11, 2022. Retail Vendors not moved in by 5:00 P.M. TUESDAY, OCTOBER 11, 2022 could face loss of space and no refund. All vehicles must please be removed from the retail vendor area by 5:00 P.M., TUESDAY, OCTOBER 11, 2022.
(c) Retail Vendor must be self-sufficient to set up and dismantle items for the allotted booth space. This includes any equipment needed to unload and load materials from the carrier.
9. ELECTRICITY: One 20-amp circuit will be provided in every retail vendor space. Further electricity needs will be made available by The Sport Corp to all retail vendors that purchase such amenity.
10. DISMANTLING OF STANDS: Goods, exhibits and units MAY NOT BE REMOVED prior to 4:00 P.M. (or 30 minutes after the completion of each day’s competition if sooner), Sunday, October 16, 2022, and MUST BE REMOVED no later than 5:00 P.M., Monday, October 17, 2022. Retail Vendors are responsible for seeing that ALL items rented to them (i.e. tables, chairs, etc.) by The Sport Corp are signed in to a Representative of The Sport Corp upon leaving. Retail Vendors will be charged replacement costs of items not in the allocated spot upon check out. Retail Vendors renting items from any source other than The Sport Corp must insure those items are removed by the 5:00 P.M. deadline.
**Retail Vendors are subjected to a $400 CLEANING FEE for any items not property of The Sport Corp or a third-party rental company that are NOT REMOVED before the 5:00 P.M. deadline**.
11. VEHICLES/PARKING: All vehicles must be removed from retail vendor areas by 8:00 A.M. daily and must be parked in the designated Retail Vendor Parking Lot. Vehicles that are parked illegally or blocking others will be towed, without notification to the owner, at the owner's sole cost and expense.
12. REFUNDS: A refund less a handling charge of the $250 non-refundable deposit of the retail vendor fee will be made if the notice of withdrawal and request for refund are received by The Sport Corp, in writing or by email, prior to August 15, 2022. NO refunds requested on or after August 15, 2022 will be granted. (a) In the event that the Event is canceled (or canceled after it has commenced), all payments made (deposits, vendor fees, etc.) can be rolled over to the next year’s event or refunded.
13. FINAL PAYMENTS: Prior to dismantling, retail vendors must make final and complete payment to The Sport Corp as reflected by The Sport Corp records for additional tables or chairs rented upon arrival and during the run of the Retail Vendor area.
14. INSURANCE: As a condition precedent to the acceptance of this application, all Retail Vendors shall furnish to The Sport Corp proof of comprehensive general liability, workers compensation, and products liability insurance in a form, and in amounts, satisfactory to The Sport Corp, naming the Sport and Entertainment Corporation of Maryland, the Maryland Department of Natural Resources and the Federations (United States Equestrian Federation (USEF), United States Eventing Association (USEA) and Fédération Equestre Internationale (FEI)) as additionally insured. The acceptability of this insurance coverage shall be in the sole discretion of The Sport Corp, and The Sport Corp reserves the right to prohibit the Retail Vendor’s participation if the insurance coverage is not to The Sport Corp’s satisfaction.
15. FORCE MAJEURE: Neither party shall be liable to the other for damages or otherwise have any obligation hereunder nor shall it be considered a breach of these terms and conditions of this application in the event that either party to this application is unable to perform its obligations hereunder because of any Acts of God, storm, fire, flood, earth movement, labor disturbances, war, civil commotion, acts or threat of terrorism, present or future law ordinance, rule, or regulation, disruption of postal, electrical, telephone, or other utility services, labor dispute, strike, lockout, epidemic, pandemic, or other public health concerns which prevents the Event from taking place or makes holding the Event impracticable or potentially unsafe (each, as determined by The Sport Corp in its discretion), or other cause beyond the control of such party (“Force Majeure”). Further, in the event that any individual Event is canceled or postponed due to Force Majeure or any other reasons outside of The Sport Corp’s reasonable control, all of the rights and obligations contained in this application shall apply towards the next annual Event (and The Sport Corp’s failure to conduct such canceled Event shall not be deemed a breach of the terms and conditions of this application).
16. ASSUMPTION OF RISK INVOLVING EQUINE ACTIVITIES: The Retail Vendor understands and assumes the inherent risks involved in equine activities, which risks include, but are not limited to, bodily injury, physical harm and even death from using, riding or being in close proximity to horses. The Retail Vendor acknowledges that the behavior of any animal is contingent to some extent upon the ability of the handler or rider. Further, the Retail Vendor understands that “inherent risks of equine activities” shall mean those dangers or conditions which are an integral part of equine activities, including, but not limited to: (a) the propensity of any equine to behave in ways that may result in injury, harm or death to persons on or around them and/or damage to the property in their vicinity; (b) the unpredictability of an equine’s reactions to such things as sounds, sudden movements and unfamiliar objects, persons or other animals; (c) certain hazards such as surface and subsurface objects; (d) collisions with other equines, animals, people and objects (fixed or otherwise); (e) limited availability of emergency medical care; (e) and the potential of a participant, volunteer, or spectator to act in a negligent manner that may contribute to injury to the participant, volunteer, spectator or others, such as failing to maintain control over the equine or to act within his/her ability
17. RELEASE, INDEMNIFICATION AND HOLD HARMLESS: The Retail Vendor shall indemnify, defend and hold harmless The Sport Corp, each Federation, the Maryland Department of Natural Resources, and each of their respective members, directors, officers, agents, and employees (the “The Sport Corp Indemnified Parties”) from and against any and all demands, claims, suits, actions or proceedings brought against an The Sport Corp Indemnified Party, including all fines, judgments, settlements, penalties, liabilities, losses, costs and expenses (including reasonable outside attorney’s fees and expenses) suffered by The Sport Corp Indemnified Party in connection with (a) a breach or default of the terms and conditions of this application by the Retail Vendor, including the inaccuracy of any warranty or representation by the Retail Vendor; (b) the negligence or willful misconduct of the Retail Vendor in connection with the Event and/or this application; and/or (c) the violation of any law or regulation in connection with this application and/or the Event by the Retail Vendor; provided, however, that such indemnity shall not apply to the extent caused by any The Sport Corp Indemnified Party’s breach of this application, negligence, gross negligence or willful misconduct, or materials provided by or on behalf of The Sport Corp Indemnified Party.
18. MARYLAND DEPARTMENT OF NATURAL RESOURCES REGULATIONS: Any and all activities undertaken by Retail Vendors (including its employees, agencies, and contractors) during and/or in connection with the Event (including without limitation, all promotional sales, merchandising, and/or marketing activities) are subject to the rules and regulations (and the prior, written approval) of the Maryland Department of Natural Resources Regulations (in its discretion).