Below is our Participation Agreement, please read carefully before agreeing to our terms and conditions regarding your participation in the Market(s). You will be asked to submit your electronic signature at the bottom of the agreement.
THIS AGREEMENT, dated as of July 1, 2019, is between Ritual Clay Company. (“Ritual Clay Co.”) and the signatory at the end of this agreement (“Participant”). Participant will be applying to participate in the Small Business Saturday Pop up Party on November 29th - 30th, 2019 . This Agreement must be signed by Participant and submitted to Ritual Clay Co. upon payment for booth fee. These terms apply to each Event that Participant is selected for. Participant and its agents, employees, personnel, and/or independent contractors who participate in the Event agree to be bound to this Agreement. The terms of this Agreement, including any permissions, consents, and waivers, irrevocably inure to the benefit of Ritual Clay Co, its affiliates, its successors, and Event co-producers and sponsors.
1. Safety: If accepted to participate in the Event, Participant will act with the highest regard for the safety of the attendees and other participants of the Event, and Participant (and its employees, representatives, and contractors) will adhere to all laws, policies, rules, and regulations applicable to the goods, services, and other Event-related activities of Participant, including obtaining all licenses, permits, and approvals that may be required to enable Participant to conduct its activities at the Event and to fulfill its obligations under this Agreement.
2. Liability: Ritual Clay Co. will not be responsible for any loss or damage to Participant’s property, injury to, or death of the Participant (or its employees, representatives, and contractors), or Participant sales. Participant 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 Participant, and hereby releases and waives any claims against Ritual Clay Co. (and its volunteers, sponsors, venues, representatives, and contractors) related to such loss, damage, liability, injury, and/or destruction.
3. Participant covenants to be fully responsible for any of its liabilities, actions, or omissions, and will indemnify, defend, and hold Ritual Clay Co. (and its employees, representatives, contractors, vendors, affiliates, and representatives) harmless against any claims related to Participant’s liabilities, actions, or omissions.
4. Payment: Please note that failure to remit payment by August 28th, 2019 will result in Participant's forfeiture of its spot in the Event.
5. Cancellations: The Event(s) will proceed regardless of the weather. If there is a cancellation:
(a) Cancellation by Ritual Clay Co. : If a cancellation of the Event by Ritual Clay Co. is necessary due to unforeseen circumstances, acts of a third party, or other circumstances which, in Ritual Clay Co's sole judgment, may compromise the safety of Event participants, then the Event will not be rescheduled and there will be no refunds to Participant.
(b) Cancellation by Participant:
(i) If Participant cancels its participation Ritual Clay Co. cannot offer a refund due to the administrative work already done in preparation for the event. Once Participant cancels, it forfeits its spot in the Event.
6. Photography, Social Media, and Advertising: Participant acknowledges that Ritual Clay Co. may be engaging photographers and/or videographers at the Event(s), and Participant (and its employees, representatives, and contractors) may appear in Event-related photographs and/or videos.
If Participant (or its employees, representatives, and contractors) or Participant’s name, trademark, logo, products, and/or likeness appears in any Event-related photographs and/or videos, Participant hereby irrevocably grants Ritual Clay Co. the right to post and distribute such Event-related photographs and/or videos, in any format or channel now known or yet to be developed, including but not limited to social media, in sync with or compiled with other images and or audio, in connection with Ritual Clay Co. advertising, on Ritual Clay Co's website, and in connection with other marketing material. Participant warrants and represents that Ritual Clay Co's use of such images will not violate the rights of Participant or of any third party, including but not limited to copyright, trademark, the right of publicity, and the right of privacy.
If Participant has provided Ritual Clay Co. with Participant’s social media handle(s), Ritual Clay Co. will make reasonable efforts to tag Participant in social media feeds and, where practicable, to otherwise credit Participant in any use of the Event-related photographs and/or videos in which Participant (and its employees, representatives, and contractors) appears.
7. No assignment or delegation: Participant may not assign this Agreement, or Participant’s space at an Event, to any third party, or delegate any of Participant’s obligations without the written consent of Ritual Clay Co. Only the accepted Participants are able to sell or distribute their items and/or conduct activities at the Event. The vendor list, map, and Booth assignments are subject to change without notice. Ritual Clay Co. does not guarantee any level of attendance at the Event and there will be no refunds, under any circumstances, after the Event is over.
8. Change in terms: The terms of this Agreement may be changed by Ritual Clay Co. and notice of such change(s) will be sent to you in writing. You agree to accept notices via email, sent to the email address of the signatory indicated below. Ritual Clay Co. reserves the right to decline, prohibit, or expel any Participant or exhibit, or prevent any activity, displays, product, or conduct, which (in Ritual Clay Co's sole judgment) is out of keeping with the character of the Event or endangers the venue, any attendee, other participants, or any other third party.
9. Independent Contractors: The relationship of Participant to Ritual Clay Co. 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 Ritual Clay Co. liable for the debts or obligations of Participant.
10. Food and Beverage Participants: All food and beverage participants must comply with all food safety standards set by local, state or national food service standards; and must obtain and remit payment for all permits/insurance needed to operate and shall display both its health department license/approval and business license at all times in its booth space.
11. Applicable Law: The validity, interpretation, construction, and enforcement of this Agreement will be governed and controlled by the laws of the State of New York, without regard to its rules with respect to choice of law. Any dispute arising out of or related to this Agreement must be brought in federal or state court in Monroe County and the parties hereby consent to the exclusive jurisdiction and the venue of such forum. This Agreement, and any Event-specific rules and regulations provided to Participant by Ritual Clay Co. or Ritual Clay Co's affiliates, will contain the entire Agreement and understanding between the parties hereto with respect to participation in the Event(s). If any term is contrary to law then that term will be severed and the remainder of the Agreement will remain in force.
By submitting this signature and payment to Ritual Clay Co for any or all dates in 2019, I agree to the terms and conditions in the Participation Agreement outlined above.*