The application must be complete & signed for review. Incomplete applications will not be considered. Charleston Beer Fest reserves the right to decline any applicant for any reason.
Licensing
1. Vendors are responsible for obtaining all required governmental permits (i.e., health, fire, business, city licenses, insurance, etc.). Any Vendors serving food must abide by all rules and regulations set by the South Carolina Department of Health and Environmental Control (“DHEC)
2. Upon executing this Agreement, copies of all required governmental permits and licenses must be submitted to Charleston Beer Fest.
3. A failure to submit these documents within 30 days before the event may result in a vendor being removed from the event & any vendor fees paid to date will be forfeited.
4. Any permits and licenses that expire before the event date must be resubmitted upon receipt.
Taxation
1. Sales Tax. All vendors shall be solely responsible for collecting and reporting sales tax. Appropriate forms can be downloaded from www.sctax.org.
2. Hospitality Tax. All food Vendors shall be solely responsible for reporting their hospitality taxes to the City of North Charleston.
Insurance
1. Insurance Requirements. All Vendors must submit and carry a liability insurance policy. This policy must include general comprehensive liability with a limit of not less than one million dollars ($1,000,000) per person and two million dollars ($2,000,000) per occurrence, covering personal injury, death, and property damage.
2. A failure to submit this policy within 30 days before the event may result in the vendor being removed from the event & all vendor fees paid to date will be forfeited.
Payment of Fees
1. 100% of the balance of the vendor fee + rentals will be charged upon acceptance into the event.
2. Payment will be processed by the credit card provided.
3. If the vendor cancels more than 45 days before the festival, 50% of the total vendor fee will be returned. If the vendor cancels less than 30 days before the festival, the vendor fee is forfeited, and $0 will be returned.
Refunds or Liabilities
1. Charleston Beer Fest will not be liable for refunds or any other liabilities whatsoever for the failure to fulfill this contract due to any of the following causes:
a. By reason of the enclosure in which the show is to be produced, before or during the show, destroyed by fire or other calamity.
b. By any act of god, public enemy, strikes, statutes, ordinances, legal authority, or any other cause beyond Charleston Beer Fest's control.
Vendor Location
1. Within a reasonable time before the event, Charleston Beer Fest will designate & communicate the event layout & vendor location.
2. Charleston Beer Fest makes no guarantees on booth placement and reserves the right to move vendors as needed, including the event day.
3. In any case where an automobile or moving vehicle is a part of an exhibitor’s display, the vehicle must stay in place for all hours the show is open. All vehicle keys will be surrendered to Charleston Beer Fest upon move-in.
Set-Up & Break-down
Vendors will be notified by email when final set-up and break-down times have been set. These times must be strictly adhered to, or access to festival grounds may be denied.
Parking and Traffic
1. Vendors are responsible for their parking. All vehicles used for loading and unloading must be removed from the event area no later than two (2) hours before the start of the event. After that time, vehicles left inside the Event Footprint may be towed at the owner’s expense.
2. Vehicles will not be allowed to access the Event site for break-down until all guests have exited the Event site and security has opened the vehicle/vendor access gates.
Fire Extinguishers/Fire Code Regulations
1. All vendors must maintain a workable fire extinguisher at their location.
2. 2A Extinguisher – All Vendors & K-Glass Extinguisher – Food Vendors w/ Oil/Frying
3. All tents and signage must be flame retardant and have the necessary tag stating such.
4. City inspectors may make surprise visits and automatically close down a vendor’s booth, location, or designated space if they do not have the proper equipment. If your booth is closed down by a city or state official, any vendor fees paid will be forfeited.
Indemnity/Hold Harmless
VENDOR HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CHARLESTON BEER FEST, PALMETTO COMMUNITY CARE, THE EVENT COOPERATIVE, THEIR OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY, AND EXPENSE, INCLUDING ATTORNEY’S FEES AND COURT COSTS, IN CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY AND/OR DAMAGE TO PROPERTY ARISING FROM OR OUT OF THE EVENT. THE VENDOR AGREES TO BE SOLELY RESPONSIBLE FOR LOSS OR DAMAGE TO ITS PERSONAL PROPERTY WHILE ON THE PROPERTY WHERE THE EVENT IS BEING HELD AND HEREBY WAIVES ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO THE PRESENCE ON THE PROPERTY UNDER THIS INDEMNITY PROVISION. FURTHER, THE VENDOR AGREES THAT IT HAS INSPECTED THE AREA IN WHICH THE EVENT WILL OCCUR, ACCEPTS IT AS SUITABLE FOR ITS INTENDED USE, AND AGREES THAT IT WILL USE THE AREA AT ITS SOLE RISK.
Vendor Waste and Trash
1. Vendors are responsible for keeping their area neat and clean and free of loose trash, wrappers, napkins, flyers, or other refuse generated by their operation. Vendors should plan on having sufficient trash bins and bags for internally generated trash and trash from serving counters such as condiment wrappers, etc.
2. Each vendor is responsible for collecting and bagging trash and disposing of it in festival-provided dumpsters.
3. Unbagged or loose trash left by the vendor after the breakdown shall result in additional cleaning fees of up to $250.00, which will be assessed to the vendor.
Event Policies About Food Vendors
1. Health Inspections. All Vendors will be required to meet DHEC regulations including, but not limited to, food temperatures, cross-contamination, booth cleanliness, hand washing, and washing of utensils used in food preparation. The Promoter or its coordinating Vendor agent reserves the right to stop food sales of any Vendor they deem not to be operating safely.
2. Grease and Gray Water Disposal. The vendor must remove all grease and gray water produced by their operation off the Event site. Under no circumstances will grease or gray water be allowed to be poured upon concrete, pavement, grass, or storm drains on the Event site. Any policy violation will result in close-down and ejection from the Event and possible prosecutions by City authorities.
3. Beverage Sales. Vendors may not sell non-alcoholic beverages without the Promoter's written consent. These items must be listed on the Vendor’s application for approval by the Promoter. Alcoholic beverages may not be sold by any Vendor. The promoter has the right to prohibit any beverage sales. Vendors violating the beverage sale policy will be asked to close down and not be allowed to participate in future events.
General Exhibit Rules
1. Vendor must be present and staff their booth, location, or designated space at all times for the event.
2. All Vendor booth set-ups must be confined to their assigned booth space.
3. Vendors may only sell items specified on the Vendor Application.
4. Vendors are responsible for protecting their work, materials, and setup. The promoter will not be responsible for damage or loss to work, materials, and/or set-up.
5. The Vendor may not transfer, re-assign, or sublet the Booth, location, or designated areas.
6. An on-site walk-through will be conducted before the gates open to ensure that exhibition standards and rules are followed.
7. Work exhibited and sold must be the same quality and type as the work submitted for selection.
8. Before the Vendor departs from the booth, location, or designated area, the space must be returned to its original condition.
9. Loud music, television, videotape, and/or computer set-ups will not be permitted unless authorized by the Promoter.
Marketing
1. Vendors acknowledge & understand that their voice, name, and image (and the employees of their company) may be recorded by various mechanical and/or electrical means. Vendors release any claim (as individuals or as a company) they might have in law or equity in connection with using such material by Charleston Beer Fest.
2. By signing this agreement, you authorize Charleston Beer Fest and grant unto it or its assignees the absolute right to use said materials in connection with advertising, publicity, exhibitions, or, without limitation, any other purpose.
Governing Law
This Agreement shall be governed by and construed by the laws of the State of South Carolina without regard to conflict of laws principles. The headings used in this Agreement are for convenience only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.
Arbitration
Any dispute or controversy arising under or in connection with this Agreement shall be submitted to binding arbitration by the requirements of the South Carolina Uniform Arbitration Act as then in effect (“SCUAA”). All arbitration proceedings shall be conducted in Charleston County, South Carolina. The arbitrators shall be selected as provided in the SCUAA, and the arbitrators shall decide on any dispute within one hundred twenty (120) days after the last of the arbitrators have been selected. Suppose any party to this Agreement fails to select an arbitrator about any dispute submitted to arbitration under this Section within thirty (30) days after receiving notice of the submission to arbitration of such dispute. In that case, the other party shall select an arbitrator for such non-selecting party. The arbitrator's decision shall be binding upon all the parties to the dispute, their representatives, legal representatives, heirs, successors, and assigns. Each party to an arbitration proceeding under this Section shall pay an equal portion of all arbitrators’ expenses and fees, together with other arbitration expenses, except that the parties shall bear their respective expert witness, professional, and attorneys’ fees.
Entire Agreement; Amendment
This Agreement constitutes the parties' final and complete understanding of the subject matter. This Agreement may not be amended or modified except by a subsequent written instrument evidencing the express consent of each party duly executed by the parties.
Waiver
The failure of either party hereto to insist upon the strict performance of any provision of this Agreement or to exercise any election contained herein shall not be construed as a waiver or relinquishment for the future of such provision or election. No waiver or modification by any party shall have been deemed to have been made unless expressed in writing by such party.
Severability
Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction. Still, this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
No Third Party Rights
The provisions of this Agreement are for the exclusive benefit of the parties to this Agreement. No other person (including without limitation any creditor of any party to this Agreement) shall have any right or claim against any party to this Agreement because of those provisions or be entitled to enforce any of those provisions against any party to this Agreement.
Section Headings
The headings used in this Agreement are for convenience and reference only and shall not create any rights or obligations or in any way define, limit, describe, interpret, or affect the scope or meaning of this Agreement.
I have read the application in full and understand the terms above.
