SPACE RENTAL AGREEMENT
Please read carefully. This agreement will be enforced to ensure the best possible, most profitable participation for Vendors. (The "Agreement" or "Contract")
Space Rental Fees
- All vendors must provide working lights, 6ft table, signage, if applicable.
- Vendors must supply their own flooring, tables, chairs, cold or dry storage.
Cleaning Fee
Vendor's will be charged $100 or more for any of the following:
- Incorrectly disposing of any oils or coals (must be taken off of the premises and disposed of safely by Vendor).
- Leaving litter and/or food debris in and around booth.
- Contaminating a recycling or composting bin or dumpster with landfill trash.
- Disposing of grey water anywhere other than a grey water tank.
- Theft or deception, selling products not approved by Avocargo
These actions shall be considered a material breach in which case Vendor will lose the right to their assigned space and will be escorted off the event site. The Vendor may be subject to additional fees if the infractions total more than the entirety of the cleaning fee.
Hours of Operation: May 19, 2024, 1 - 6 pm; all times subject to change.
Space Assignments
Avocargo has complete control of event diagrams and space assignment. Avocargo reserves the right to make modifications on event diagrams that are believed to be accurate but only
warranted to be approximate. Avocargo reserves the right to assign space in such a manner as it deems appropriate.
Assignment, Subletting of Event Space
No Vendor shall assign, sublet or share the event space. No products, parts, accessories, or other goods, souvenirs, catalogs, etc. bearing names or other forms of advertising other than that of the Vendor may be displayed. No firm or organization not assigned an event space will be permitted to solicit business within the event areas. No non-food merchandise is to be sold unless approved by Avocargo.
Load In & Load Out
Load in: 10 am - 12pm
Load out: must be on Sunday, May 19, 2024, after 6pm
No vehicle movement after 12pm before the event, during event
Health Permit
Vendor must be in compliance with all state, city, and county health code provisions. Vendor may be required to pay a fee should the City of Hampton implement a fee.
Propane
Vendor is required to abide by all fire safety laws set by the state, city and county fire departments. Vendor is responsible for having required fire extinguishers, tanks, and hoses, to pay a fee should the Fire Department or Buildings Department implement a fee.
Use of Space
Avocargo reserves the right to restrict exhibits because of safety, noise, method of operation, materials, or for any exhibit that, in the opinion of Avocargo, may detract from the general character of the event as a whole. All equipment and heavy machinery must be cleared in advance with Avocargo. Avocargo reserves the right to prohibit any equipment that is deemed unsafe or appears unreasonable in Avocargo’s judgment. Vendors such as flashing lights, noise, or result in the obstruction of walk space in the front or back of booth may not be permitted.
Signage
Vendors and Food Trucks are responsible for their own signage. Avocargo reserves the right to prohibit the display of any article that is not keeping in the nature and character of the event. Vendors must submit a photo of the display area, cart, or booth intended for use during the event with this application.
Sale of Product
Vendors are responsible for all sales transactions, sales tax, and personal cash needs. Vendors are prohibited from altering menu items or prices throughout the duration of the event. Please ensure that all menu items are spelled correctly and listed below. The items listed on the application will be used to settle any disputes between Avocargo and Vendor regarding menu items and prices. Vendor must sell during the hours of operation.
Liability and Indemnification
Neither Avocargo, inc, Oozlefinch Blending & Beers, City of Hampton, nor respective contractors, directors, officers, managers, members, employees, affiliates, licensees, designees, representatives, and corporate sponsors (collectively, the “Avocargo, inc. Indemnified Parties”) will be responsible for any injury, loss nor damage that may occur to the Vendors' employees, agents, contractors, representatives, or property from any cause whatsoever. It is the Vendors' responsibility to protect machinery, perishables, and exhibits so that no injury will result to the public visitors, guests, or persons, or property. If property does not appear to be properly maintained upon inspection by Avocargo, it will be promptly withdrawn from the event site. All property of the Vendor, including foodstuffs and other perishables is understood to remain in Vendor's care, custody, and control in transit to, from, or within the confines of the event area subject to the Agreement. The Vendor, on signing the Agreement expressly release, hold, keep, save harmless and indemnify the foregoing persons and entities, named organizations and committees, and individuals from all claims for such a loss, damage, or injury. Vendor must carry appropriate insurance through carriers at a minimum of $1,000,000.00 and shall deliver to Avocargo copies of all such policies of insurance and/or certificates.
Insurance
Vendor must carry insurance from a qualified carrier authorized to do business in the State of Virginia and rated at least A-VIII, or better, by A.M. Best, Inc., and shall deliver to Avocargo copies of all such policies of insurance, additional insured endorsements, and certificates by May 20, 2023, or risk losing their space and deposit.
Vendor must obtain, carry, and keep in full force and effect appropriate insurance as articulated above, including but not limited to (a) general liability insurance with limits of $1,000,000 per occurrence and $2,000,000 in the aggregate, (b) commercial automobile liability coverage in the amount of $1,000,000 for owned or non-owned vehicles, and (c) either (i) workers compensation coverage to the statutory minimum, or, (ii) if it has no coverage, then (1) proof of any waiver required by applicable law by each employee of Vendor regarding the absence of workers compensation coverage and (2) Vendor hereby agrees to indemnify the Avocargo Indemnified Parties for all liability to the Avocargo Indemnified Parties arising from the absence of such coverage. In addition, Vendor shall carry endorsements on said liability policy for both Product Liability coverage, and Completed Operations. Food Products Liability Insurance is required in the amount of at least $1,000,000 per occurrence and $2,000,000 in the aggregate.
Force Majeure
The Festival will be held at an outdoor venue, and therefore the holding of the Festival depends upon fair weather and appropriate governmental authorizations. Accordingly, Avocargo’s obligations under this Agreement shall be excused by acts of God such as fires, storms, lightning, floods, confiscations or restraints of governmental (civil or military), strikes or labor disputes, civil disturbances, or any other cause (including the threat of any of the foregoing), that is not within the reasonable control of Avocargo or not otherwise due to any negligence or willful misconduct of Avocargo (each of the foregoing, a “Force Majeure Event”). After the Festival has begun, any fees paid by or assessed against Vendor will not be reimbursed to Vendor and Vendor assumes the risk of such fees if the Festival should be cancelled due to a Force Majeure Event during the Festival.
Governing Law
This agreement shall in all respects be governed by the law of the State of Virginia
Rules and Regulations: If Vendor does not follow the terms of this Agreement, set by Avocargo, inc., this contract may be terminated. In the event of a default by Vendor, Vendor shall forfeit as liquidated damages the amount paid by the Vendor for the event space, regardless of if Avocargo enters a further lease for the event space involved. *
