This Vendor Agreement relates to the African American Culture and Arts Festival that will be held on August 26, 2023 at Suwanee Town Center Park in Suwanee, GA (the “Festival”).
The City of Suwanee and African American Culture and Arts Festival, Inc. (“AACF”) and their respective officers, directors, staff members, sponsors, partners, or owners, are not responsible for lost, stolen, or damaged merchandise. By entering into this Vendor Agreement, you agree to hold the City of Suwanee and AACAF and their respective officers, directors, staff members, sponsors, partners, or owners harmless from any and all damages to property, merchandise, and/or injuries to and/or caused by vendors and/or employees or agents of vendors, and/or attendees that are possibly incurred while at the event.
In no event shall the City of Suwanee and AACAF and their respective officers, directors, staff members, sponsors, partners, and owners be liable to Vendor or any other person or entity for consequential, special, indirect, incidental, or punitive damages, costs, expenses or losses (including without limitation lost profits, loss of business, anticipatory profits and opportunity costs). Under no circumstance shall the liability of the City of Suwanee and AACAF and their respective officers, directors, staff members, sponsors, partners, and owners in the aggregate exceed the total amount of fees Vendor paid to the organizers to participate in the event.
Vendor agrees to indemnify and hold harmless the City of Suwanee and AACAF and their respective officers, directors, staff members, sponsors, partners, and owners from and against any and all losses, lawsuits, judgments, causes of action, costs, damages, claims (actual or alleged) and expenses resulting from claims for bodily injury, death, property destruction, or property damage arising out of or incidental to or in any way resulting from the acts or omissions, whether negligent or otherwise, of the Vendor, its employees, subcontractors, or agents, if any, in performance under this Agreement and the use of its space at the event unless such bodily injury, death, property destruction, property damage, or personal injury is determined to be the result of the negligence or intentional misconduct of the party against whom such action in brought.
The performance of this or any agreement by AACAF shall be subject to force majeure, including but not limited to acts of God, fire, flood, natural disaster, severe or inclement weather, war or threat of war, acts or threats of terrorism, civil disorder, unauthorized strikes, governmental regulation or advisory, recognized health threats as determined by the Centers for Disease Control, or local government authority or health agencies (including but not limited to the health threats of COVID-19 or similar pandemics or infectious diseases), curtailment of transportation facilities, or other similar occurrence beyond the control of the parties, where any of those factors, circumstances, situations, or conditions make it illegal, impossible, inadvisable, or commercially impracticable to hold the Festival or to fully perform the terms of this agreement. AACAF’s nonperformance shall be excused by force majeure or pandemic as outlined above. You agree that this agreement may be canceled by the AACAF, without liability, damages, fees, or penalty, and any unused deposits or amounts paid will be refunded, for any one or more of the above reasons, by written notice to the other party; provided, however, that if such cancellation is due to a force majeure event that is beyond the control of AACAF, no refunds will be made and the risk of loss from such an event shall be borne by the Vendor.
AACAF will be photographing and making video and audio recordings of the Festival. Vendor hereby authorizes and irrevocably grants to AACAF permission to take photographs, video recordings, digital images and audio recordings of Vendor and its participation in the Festival and use the same in publications and/or on AACAF’s website(s), as well as in newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose AACAF deems proper without any further compensation to Vendor.
Vendor hereby agrees that all disputes arising or relating to this agreement with AACAF will be adjudicated solely in binding arbitration in Gwinnett County, Georgia with an independent arbitrator selected by AACAF, and that the sole venue for disputes regarding this arbitration provision shall be the Superior Court of Gwinnett County, Georgia.
By submitting this application, I acknowledge that I have read and fully understand all the terms and conditions of this application, and I understand that this application creates a binding contract between me, and any entity through which I shall conduct business at the Festival and AACAF. Vendor hereby agrees to abide by all of the terms of this contract, as set forth herein, and by all additional rules and policies imposed by the Festival upon its participation in the Festival, including the attached guidelines, should this application be accepted. Failure to abide by the terms of this Agreement and the attached guidelines will result in termination of your participation in the Festival and forfeiture of all monies paid.
