2021 Maryland 5 Star at Fair Hill Retail Vendor Terms & Conditions of Application
Maryland 5 Star at Fair Hill (the “Event”) will provide:
(a) On-site security including overnight surveillance by Event Security from Monday, October 11th at 6:00am until Monday, October 18th 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 Vendor’s merchandise, other property, personnel, or representatives of the Vendor.
(b) The Event will provide each Vendor with one (1) complimentary general parking and (4) vendor credentials for the duration of the Event. NO parking behind the Vendor tent will be available.
Company (“Vendor”) will be responsible for:
(a) Any expense in connection with the Vendor’s merchandise set up or tear down
(b) Obtaining a Maryland permit of business license if required
(c) Collection and payment of all Maryland state sales tax incurred by Vendor (if applicable)
(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 Vendor dumpster. Vendor space is to remain trash free throughout the hours of business with the exception of small waste receptacles within designated area. 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 11 – Tuesday October 12 from 8:00am to 6:00pm
Hours of Business: (Hours of operation may fluctuate based on weather, hours of competition or administrative decisions)
Thursday October 14 – Sunday October 17 – 8:00am to 6:00pm (or 30 minutes after the completion of each day’s competition)
1. APPLICATION FORM: The Vendor Application Form is issued by The Fair Hill Organizing Committee (“FHOC”), an affiliate of the Sport and Entertainment Corporation of Maryland.
(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 FHOC
(b) NO APPLICATIONS ARE ACCEPTED, NOR SPACE RESERVED, VIA TELEPHONE. PLEASE SUBMIT ONLINE THROUGH THE OFFICIAL EVENT WEBSITE.
(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 SUBMISSION DATE and BASED UPON AVAILABILITY.
(a) PAYMENTS ARE 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 FHOC.
(b) FHOC evaluates each application for acceptance with best efforts to ensure a reasonable market for all vendors. Reasonable best efforts will be made to place 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 vendor spaces have been filled, applicants whose applications have already been received by FHOC will be advised and placed on the waiting list in chronological order.
3. INTELLECTUAL PROPERTY: 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 FHOC or the Event (or any combination thereof). Any use of the Event name and/or logo is prohibited without written consent and approval by FHOC
4. RIGHT OF EXCLUSION: FHOC reserves the right to exclude any person or company from exhibiting, or to close the stand of any Vendor for conduct objectionable to FHOC, 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 FHOC and FHOC shall determine the position to be allotted to Vendors.
(b) NO VENDOR MAY SUBLET THE WHOLE OR ANY PORTION OF ANY SPACE ALLOTTED BY FHOC; the contractual Vendor is wholly responsible for any supplier whose goods are exhibited in the Vendor’s space.
(c) VENDORS MUST USE THE SPACE PROVIDED AND DESIGNATED BY FHOC. Violators will be excluded as defined in Section 4 RIGHT OF EXCLUSION
6. PROMOTION: Vendor is permitted to promote within the boundaries of its booth space. No promotional posters, fliers, materials, etc. are permitted outside of 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) Vendors will receive parking permit(s) and vendor credentials at the sole discretion of FHOC based on booth space size.
(b) Vendor credentials and parking permit(s) are transferable among Vendor staff throughout the duration of 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 11, 2021 AT 8:00 A.M.
(b) All stands MUST BE CHECKED IN BY 6:00 P.M., TUESDAY, OCTOBER 12, 2021. Vendors not checked in by 6:00 P.M. TUESDAY, OCTOBER 12, 2021 could face loss of space and no refund. All vehicles must please be removed from the vendor area by 6:00 P.M., TUESDAY, OCTOBER 12, 2021.
(c) Vendor must be self-sufficient to setup and dismantle items for the allotted booth space. This includes any equipment needed to unload and load materials from carrier.
9. ELECTRICITY: One 20-amp circuit will be provided in every vendor space. Further electricity needs will be made available by FHOC to all vendors that purchase such amenity.
10. DISMANTLING OF STANDS: Goods, exhibits and units MAY NOT BE REMOVED prior to 5:30 P.M., Sunday, October 17, 2021, and MUST BE REMOVED no later than 5:00 P.M., Monday, October 18, 2021. Vendors are responsible for seeing that ALL items rented to them (i.e. tables, chairs, etc.) by FHOC are signed in to an FHOC Representative upon leaving. Vendors will be charged replacement costs of items not in allocated spot upon check out. Vendors renting items from any source other than FHOC must insure those items are removed by the 5:00 P.M. deadline.
**Vendors are subjected to a $400 CLEANING FEE for any items not property of FHOC 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 the Event vendor areas by 7:00 A.M. daily and must be parked in the designated Vendor Parking Lot. Vehicles that are parked illegally or blocking others will be towed, without notification to owner, at owner’s sole cost and expense.
12. REFUNDS: A refund less a handling charge of the $250 non-refundable deposit of the vendor fee will be made if the notice of withdrawal and request for refund are received by FHOC, in writing or by email, prior to August 1, 2021. NO refunds requested on or after August 1, 2021 will be granted.
(a) In the event that the Event is cancelled (or cancelled after it has commenced), all payments made (deposits, vendor fees, etc.) can be fully refunded or rolled over to the next year’s event.
13. FINAL PAYMENTS: Prior to dismantling, vendors must make final and complete payment to FHOC as reflected by FHOC records for additional tables or chairs rented upon arrival and during the run of the Vendor area.
14. INSURANCE: As a condition precedent to the acceptance of this application, all Vendors shall furnish to FHOC proof of comprehensive general liability, workers compensation, and products liability insurance in a form, and in amounts, satisfactory to FHOC, naming The Fair Hill Organizing Committee, an affiliate of the Sport and Entertainment Corporation of Maryland, Fair Hill International, the Maryland Department of Natural Resources and the Federations (USEF, USEA and FEI) as additional insureds. The acceptability of this insurance coverage shall be in the sole discretion of FHOC, and FHOC reserves the right to prohibit the Vendor’s participation if the insurance coverage is not to FHOC’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 FHOC in its discretion), or other cause beyond the control of such party (“Force Majeure”). Further, in the event that any individual Event is cancelled or postponed due to Force Majeure or any other reasons outside of FHOC’s reasonable control, all of the rights and obligations contained in this application shall apply towards the next annual Event (and FHOC’s failure to conduct such cancelled Event shall not be deemed a breach of the terms and conditions of this application).
16. RELEASE, INDEMNIFICATION AND HOLD HARMLESS: The Vendor shall release, save, indemnify, defend and hold harmless FHOC, Fair Hill International, each Federation, the Maryland Department of Natural Resources, and each of their respective members, directors, officers, agents, and employees (the “FHOC Indemnified Parties”) from and against any and all demands, claims, suits, actions or proceedings brought against an FHOC Indemnified Party, including all fines, judgments, settlements, penalties, liabilities, losses, costs and expenses (including reasonable outside attorney’s fees and expenses) suffered by an FHOC Indemnified Party in connection with (i) a breach or default of the terms and conditions of this application by Vendor, including the inaccuracy of any warranty or representation by Vendor; (ii) the negligence or willful misconduct of Vendor in connection with the Event and/or this application; and/or (iii) the violation of any law or regulation in connection with this application and/or the Event by Vendor; provided, however, that such indemnity shall not apply to the extent caused by any FHOC Indemnified Party’s breach of this application, gross negligence or willful misconduct. Further Vendor releases all FHOC Indemnified Parties from any and all liability and damages arising out of and/or in connection with the Event (except to the extent caused by FHOC Indemnified Party’s gross negligence or willful misconduct).
17. MARYLAND DEPARTMENT OF NATURAL RESOURCES REGULATIONS: Any and all activities undertaken by 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).
18. ASSUMPTION OF RISK: Vendor (on behalf of itself and behalf of each of its attendees) understands and assumes the inherent risks involved in equine and/or entertainment activities (including any ancillary or related activities) and attendance thereof, 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. Accordingly, Vendor (on behalf of itself and each of its attendees) acknowledges that the behavior of any animal is contingent to some extent upon the ability of the handler or rider. Further, attendees understand 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: 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; the unpredictability of an equine’s reactions to such things as sounds, sudden movements and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface objects; collisions with other equines, animals, people and objects (fixed or otherwise); limited availability of emergency medical care; and the potential of an athlete, volunteer, or any attendee to act in a negligent manner that may contribute to injury to the athlete, volunteer, attendee or others, such as failing to maintain control over the equine or to act within his/her ability.
