T’s Wicked Events Vendor Blender Attendee

VENDOR BLENDER AGREEMENT 

This Vendor Agreement (this “Agreement”) is entered into by you, the vendor,

(hereinafter, “you” or “Vendor”) and T’s Wicked Wonders, LLC and sets out the

terms and conditions governing your participation in T's Wicked Events (each,

an “Event”). By participating as a vendor at any Event you acknowledge that you

have read and agree to the terms set out below. 

Application

& Payment: In order to participate in any event

(even if you have participated in prior Events) Vendor must fill out an

application for each Event (each an “Application”) specifying the details of

your requested participation in the Event, and submit the required payment.

Exact dates, prices and instructions are listed on the Application for each

Event. Additional details relating to the Event(s) can be found in the FAQ for

that specific event. Applications will not be considered until payment is

received. Space is limited and T’s Wicked Wonders, LLC reserves the

right to accept or reject any Vendor in its sole discretion. T’s Wicked

Wonders, LLC does not guarantee that Vendor will get the size or type of

spot they applied for. When and if Vendor’s Application is accepted, Vendor

will be notified via email. 

Services: 

Once accepted, Vendor will be assigned a designated space. Additional information about the setup for each type of spot can be found in the FAQ and additional information will be sent to accepted vendors. You are responsible for bringing fixtures and decoration to define your space. T’s Wicked Wonders, LLC reserves the right to assign Vendor a designated spot within the Event as it sees fit. T’s Wicked Wonders, LLC does not accept requests for specific spot assignments and cannot guarantee that Vendor’s assigned spot will be free from structural or architectural obstructions. Vendors needing electricity or health permits need to make arrangements with the appropriate third parties and will be required to pay them an additional fee. (an additional fee will be charged for those needing to utilize the electricity at the event as well) 

Term: 

This Agreement commences upon your completion of the Application to be a vendor at any Event(s) and shall continue in effect through your participation in such Event(s), unless otherwise terminated in accordance with the terms contained herein. 

Liability: 

T’s Wicked Wonders, LLC shall not be responsible for any auto-liability or auto damage by or from the vendor. T’s Wicked Wonders, LLC shall not be responsible for any loss or damage incurred by Vendor, including, without limitation, damage to Vendor’s property, loss of sales, or injury to or death of Vendor (or its agents, employees, and/or personnel). T’s Wicked Wonders, LLC maximum liability arising out of or relating to this Agreement shall not exceed, in the aggregate, the amounts paid to it by Vendor, and in no event shall T’s Wicked Wonders, LLC be liable for any consequential, incidental, indirect, punitive or special damages regardless of the cause of such damages. Vendor expressly assumes all risks of loss, damage, liability, injury, or destruction resulting from any cause whatsoever, including but not limited to acts or omissions by Vendor, and hereby releases and waives any claims against T’s Wicked Wonders, LLC related to such loss, damage, liability, injury, and/or destruction. Vendor covenants that it shall be fully responsible for any damages resulting from its participation in any Event, and agrees to indemnify, defend, and hold T’s Wicked Wonders, LLC (and its officers, employees, agents, vendors, affiliates, and representatives) harmless against any claims arising out of or related to Vendor’s participation in any Event, including for claims arising out of Vendor’s negligent actions or omissions. 

Insurance: 

Vendor represents that it has, or will have at the time of the Event, appropriate insurance to cover liability for the types of activities Vendor will conduct at the Event including auto-liability insurance. 

Representations and Warranties:

 T’s Wicked Wonders, LLC makes no representation, guarantee, or warranty with respect to any Event. All warranties, express or implied, are hereby disclaimed, including, without limitation, the warranties of marketability and fitness for a particular purpose. T’s Wicked Wonders, LLC does not guarantee any level of attendance at the Event and there will be no refund to Vendors, under any circumstances.  The vendor list, map, and spot assignments are subject to change without notice. 

Cancellations: 

If there is a cancellation: 

By Vendor:

If Vendor needs to cancel, they must notify T’s Wicked Wonders, LLC by email to TsWickedEvents@gmail.om . Any cancellations from any Event will not receive a refund. By cancelling, Vendor forfeits their spot at the Event. 

By T’s Wicked Wonders, LLC:

If a cancellation of the Event by T’s Wicked Wonders, LLC is necessary due to unforeseen circumstances, acts of a third party, or other circumstances which (in T’s Wicked Wonders, LLC sole judgment) may compromise the safety of Event participants, then the Event will not be rescheduled and there will be no refunds to Vendor. ( Event will happen rain or shine ) 

Assignment:

 Vendor may not assign this Agreement to any third party, or delegate any of its obligations without the written consent of T’s Wicked Wonders, LLC Only the accepted Vendors will be allowed to sell or distribute their goods or services, and/or conduct activities at the Event. 

Termination:

Termination for Convenience: 

This Agreement may be terminated by T’s Wicked Wonders, LLC at any time, with or without cause, immediately upon notice to the Vendor. 

Termination for Default:

Either party may terminate this Agreement immediately upon notice to the other party in the event of a breach or default by the other party of any term, condition, or covenant of this Agreement. 

Code

of Conduct:

You agree to read and abide by all directives,

regulations, and Event rules provided to you, including those sent via email to

the email address provided on your application. T’s Wicked Wonders,

LLC reserves the right to decline, prohibit, or expel any Vendor exhibit,

or prevent any activity, displays, product, or conduct, which (in Unique Inc.’s

sole judgment) is out of keeping with the character of the Event or endangers

the venue, any attendee, or other vendors. 

Vendor and its agents, employees, personnel,

and/or independent contractors who participate in the Event agree to be bound

by this Agreement and shall comply with its terms and all Event rules,

regulations, and directives as may be expressed to Vendor by Unique Inc. in any

way at any time. The terms of this Agreement, including any limitations and

waivers, inures to the benefit of T’s Wicked Wonders, LLC and its

affiliates and Event co-producers and sponsors. 

Miscellaneous:

The relationship of Vendor to T’s Wicked

Wonders, LLC is that of an independent contractor, and nothing contained

in this Agreement will be construed as creating a partnership, joint venture,

employment relationship, agency, or other relationship between the parties, or

to make T’s Wicked Wonders, LLC liable for the debts or obligations

of Vendor. 

The validity, interpretation, construction,

and enforcement of this Agreement will be governed and controlled by the laws

of the State of Pennyslvania, without regard to its choice of law principles.

Any dispute arising out of or related to this Agreement must be brought in

federal or state court in your County and the parties hereby consent to the

exclusive jurisdiction and the venue of such forum. The prevailing party in any

such action shall be entitled to receive from the other its costs and expenses

(including reasonable attorneys fees) in addition to any other relief it may be

entitled to. 

This Agreement, any Event rules and

regulations provided to Vendor by T’s Wicked Wonders, LLC or T’s

Wicked Wonders, LLC affiliates, and the Application completed by Vendor

constitute the entire Agreement and understanding between the parties hereto

with respect to Vendor’s participation in the Event. 

If any term herein is determined to be

unlawful or unenforceable then that term will be severed and the remainder of

the Agreement will remain in force. 

No amendment or revision to this Agreement

shall be effective unless agreed to in writing by T’s Wicked Wonders, LLC  

This Agreement is non-exclusive and T’s

Wicked Wonders, LLC reserves the right to contract with other vendors for

the Event. 

Any delay or failure by T’s Wicked

Wonders, LLC to exercise any right or power under this Agreement shall not

be construed to be a waiver of said right or power or any other right or power

under this Agreement. 

When you enter a T’s Wicked Event, you enter

an area where photography, audio, and video recording may occur. By entering

the event premises, you consent to interview(s), photography, audio recording,

video recording and its/their release, publication, exhibition, or reproduction

to be used for news, web casts, promotional purposes, telecasts, advertising,

inclusion on websites, social media, or any other purpose by T’s Wicked

Wonders, LLC and its affiliates and representatives. By entering the event

premises, you waive all rights you may have to any claims for payment or

royalties in connection with any use, exhibition, streaming, web casting,

televising, or other publication of these materials, regardless of the purpose

or sponsoring of such use, exhibiting, broadcasting, web casting, or other

publication irrespective of whether a fee for admission or sponsorship is

charged. 

By purchasing  you agree to this agreement and will attend the DATE agreed. NO REFUND will be provided in any circumstances.