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, papers, 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 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.