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Made in the Shade Vendor Day General Rules And Agreement

• Made in the Shade Vendor Days will be the first Saturday of the month, beginning in April and ending in September.

• Online pre-registration is required. No walk-up vendors. If you do not wish to submit an online application, or if you wish to pay with cash or check, please email schs1854@bellsouth.net for a paper application. All applications, including paper applications, are due by noon the Thursday before the event.

• Plan to arrive early. Check-in is between 6:00 a.m. and 7 a.m. Check-in will be at the Country Store.

• All vendors must be set up by 8 am, and all vehicles must be removed from the vendor area.

• Vendor Day concludes at 3 pm, and we ask that you remain for the entirety of the event.

• Made in the Shade Vendor Days take place on the same day as the park's monthly pancake breakfast, so please do not block entrances, exits, or access to parking.

• No setup is allowed the day before the event unless park management agrees. As per the vendor agreement, the park is not responsible for the safety of your equipment.

• Pre-registration is required. No walk-up vendors.

• Should you need access to electricity, please get in touch with Jennifer at schs1854@bellsouth.net to discuss. We have limited access to electrical outlets.

• Vendors must provide their own tents, tables, and chairs. Pricing for General Vendors is as follows: 10 x 10 feet for $20, 10 x 20 feet for $40, and 10 x 30 feet for $60.

• Visit HERE to learn about Alabama's Cottage Food requirements and make certain you are following them. Cottage food licensing is required for anyone selling the following:

• Candies

• Jams, jellies, fruit preserves, marmalade

• Dried herbs and herb mixes made from commercially prepared ingredients

• Baked goods: cakes, cookies, glazed pastries, Danish pastries, doughnuts, breads, pies, cheese straws

• Candied or roasted nuts

• Popcorn (candied, coated, flavored)

• Spices (nonhazardous and considered generally recognized as safe or GRAS by the US Food and Drug Administration)

• Roasted coffee

• Dried baking mixes

• Chocolate or caramel-covered fruit

• Vendors may set up in their assigned location only. Any vendor setting up in another vendor’s space will be removed to make space for the vendor assigned to that site.

• Many factors determine vendor location. Priority is given to vendors that sell physical items. We do allow non-profit organizations to provide an informational table. We do not allow solicitors, politicians, network marketing businesses, or vendors that sell items inappropriate for a family event.

• Vendors must fully disclose the type of item they sell. If you are uncertain if an item is acceptable at a family-friendly event, please get in touch with Jennifer at schs1854@bellsouth.net to discuss further.

• If you fail to disclose an item we deem offensive or inappropriate for a family event, you will be asked to leave, and your vendor fee will not be refunded. Once again, if you are in doubt, please get in touch with us by email at schs1854@bellsouth.net to discuss further.

• Applications will be reviewed as they arrive, and a determination will be made to accept or reject the application. Vendors are selected based on merchandise, product variety, and space availability. If your application is rejected, your check will be returned to you along with a letter of explanation.

• Application fees are non-refundable unless the application is not approved or the event is canceled according to the terms addressed in the vendor agreement.

Agreement

• Whereas, SCHS, Inc. is hosting an event known as the Made in the Shade Vendor Days (“Event”) to occur at the Shelby Iron Works Park (“Park”) the first Saturday of every month and has the right to license concessions to vend at and during the Event, and

• Whereas, Vendor desires to participate at and during the Event, and has paid the SCHS, Inc. the appropriate sum for a license to vend at and during said Event, now, therefore, the parties agree as follows.

• Vendor agrees to abide by all rules and regulations as outlined in the Agreement and any other rules and regulations the SCHS, Inc. might deem necessary and proper, and upon notice to Vendor, all said rules and regulations shall become part of this Agreement and binding upon the parties.

• No exhibit, sales presentation or use of Vendor’s booth by Vendor shall be permitted that interferes with the use or appearance of other vendors or impedes access to other vendors’ booths.

• It is the sole responsibility of Vendor to comply with all copyright and trademark restrictions relating to any materials offered by Vendor and/or used in Vendor’s booth.

• Vendor shall comply with all Federal, State, County and Municipal laws and regulations with respect to the items offered by Vendor.

• Vendor shall not offer/sell any guns, alcohol, vulgar or suggestive merchandise, animals (with the exception of registered pet adoption programs), CBD products, or pornographic materials. SCHS, Inc., in its sole discretion, may determine items of Vendor to be unfit for display and sale at the Event and shall cause the items to be removed for the sale area. Any vendor unwilling to cooperate with the Park’s request will be asked to disassemble their vendor booth and leave the premises. Their vendor fee will be forfeited.

• The Shelby Iron Work’s Park is owned by the Shelby County Historical Society, Inc. and is private property. Any request by Park management for a vendor to leave the property because their behavior disrupts the functioning of the park, or the vendor and any member of their staff/volunteers is determined by Park management to be threatening to guests, vendors, park volunteers and staff should promptly disassemble their vendor booth and leave the property.

• It is the sole responsibility of Vendor to collect and remit the appropriate sales tax on all sales.

• Vendor shall have access to the location agreed upon by the parties no less than 2 hours before the Event’s commencement for the purpose of setting up Vendor’s station, goods and other things necessary and reasonable to vending at the location. Vendor shall be responsible for setting up and tearing down all units he/she sets up at the Event.

• All trash, paper, boxes, etc. must be carried away by Vendor. Vendor shall leave the location clean of trash and substantially in the condition it was before Vendor occupied it.

• SCHS, Inc. shall allocate and assign specific space to Vendor, in its sole discretion.

• Vendor hereby agrees to indemnify and hold harmless the Park and SCHS, Inc., its officers, directors, employees, volunteers, and members against any damages or claims that may arise in connection with Vendor’s presence at the Event and Vendor’s activities of any kind. Vendor acknowledges that SCHS, Inc. and the Park do not maintain insurance covering Vendor’s property and Vendor has the sole responsibility to obtain business interruption and property damage or theft insurance covering such losses by Vendor.

• Vendor agrees to waive any claims for damages, except for the return of any fees paid to SCHS, Inc., if for any reason the event is canceled, or interrupted, in whole or in part.

• Vendor agrees it will not hold or attempt to hold SCHS, Inc., its officers, directors, employees or volunteers responsible for any losses or injuries sustained by Vendor or Vendor’s employees, volunteers, or affiliates at the Event or during the set up or dismantle and load out, including without limitation loss, theft, fire, destruction, or damage in any manner or nature to any of Vendor’s property, or personal injury or death. The vendor’s agreement to these terms expressly releases SCHS, Inc. and the Park from any and all losses.

• Vendor shall provide his/her own workers, chairs, tables, and equipment, including extension cords where allowable.

• Any disputes arising under this Agreement will be decided in accordance with the laws of the State of Alabama.

• The parties acknowledge and agree that Vendor is an independent contractor and not an employee, representative, or agent of the Park or SCHS, Inc.

• In the event that the Park or SCHS, Inc. is unable to operate, in the sole determination of Management, whether due to Acts of God, force majeure, pandemic, epidemic, terrorism, war, illness, public safety, strike, civil commotion, picketing, fire or state of emergency, or by reason of any other occurrence not under the control of Management, or otherwise, Management may cancel, postpone or terminate Event, the Exhibitor waives any and all claims the Exhibitor may have against Management for damages or expenses and agrees to accept in complete settlement and discharge of all claims. In the event of cancelation for any of these reasons, the park will refund the vendor's fee as soon as reasonably possible, not to exceed 10 business days.

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