Participation Rules and Instructions
For purposes of this agreement, the parties hereinafter referred to are as follows: Business applying to sell/exhibit at the Market/Event (“Vendor” “Vendor/Exhibitor”), Lomita Chamber of Commerce (“Chamber”), VenaVer (“Market Manager”), the City of Lomita (“City”).
Booth reservations and payment must be made at least 5 days in advance to confirm a space at the Market/Event. If you are unable to attend on your scheduled day, please notify the Lomita Chamber of Commerce at least 48 hours in advance to cancel at 424-378-7111 and leave a message or via email at email@example.com.
Vendors/Exhibitors should occupy their spaces no later than 30 minutes prior to Market/Event opening. For safety reasons, Vendors/Exhibitors should have their vehicles and stands in place before the opening of the Market/Event. Vendors/Exhibitors shall not begin to transact business until the designated time for the Market/Event to open. Vendors/Exhibitors are required to remain at the Market/Event until the official closing time. Vendors/Exhibitors must have their booth sites dismantled, packed up, and cleaned within ninety (90) minutes of the Market/Event closure.
Check in with the Chamber or onsite Market Manager to find out where your space is (you will have a 10ft x 10ft booth space; additional space requires pre-approval).
Vendors/Exhibitors must provide their own table and supplies including tent, table, weights and chairs. For everyone’s safety, weights for tents and the means to secure any table-top items are strongly advised as winds can pick up quickly outdoors. Please make sure to bring your own signage, etc.
Packing up early is frowned upon as it leaves a gap in the Vendors/Exhibitors at the Market/Event, is distracting to those around you and is rude to your prospects. End time is 2pm (unless stipulated otherwise). Each Market/Event day is 4 hours. Plan on attending for the entire time. If you absolutely need to leave early or can not stay for the full 4 hours, inform the Chamber or onsite Market Manager when you check in.
Health requirements change frequently so onsite sampling may not be allowed. Check with the Market Manager and/or Chamber to confirm.
Vendors/Exhibitors agree to follow applicable health requirements including but not limited to those related to Covid-19. Where possible, Vendors/Exhibitors will use touchless or cashless transactions for the safety of guests.
It is the responsibility of each individual Vendor/Exhibitor to comply with any specific industry licensing or permitting requirements to participate in or sell items at the Market/Event.
Other Vendors/Exhibitors may be promoting similar or competing products or services at the Market/Event. The Chamber and/or Market Manager will do its best to separate similar Vendors/Exhibitors where possible.
Vendors/Exhibitors and their representatives must conduct themselves in a safe and courteous manner. Any language or behavior considered to be deleterious to the normal operation of the Market/Event will be grounds for expulsion.
- Vendor/Exhibitor grants the Chamber and Market Manager the right to take photographs of Vendor/Exhibitor’s booth space, exhibits, or merchandise, before, during, or after the Market/Event’s scheduled times, and further grants the Chamber the right to use such photographs for promotional purposes.
LIMITATION OF LIABILITY
Neither the Chamber, Market Manager nor City shall be liable for any lost profits, incidental, special, general, consequential or punitive damages, direct or indirect, whether or not Vendor/Exhibitor is informed of the possibility of such damages. In no event shall the Chamber’s actual damages exceed the amount actually paid to the Chamber by Vendor/Exhibitor pursuant to this Agreement.
Specifically relating to the global COVID-19 pandemic, Vendor/Exhibitor acknowledges the highly contagious nature of COVID-19 and voluntarily assumes the risk of exposure or infection and that such exposure or infection may result in personal injury, illness, disability, and/or death. Vendor/Exhibitor understands that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of others who may attend the Market/Event or their families, colleagues, or others with whom they may have contact. Accordingly, Vendor/Exhibitor understands and agrees that this release includes any claims based on the actions, omissions, or negligence of the Chamber, Market Manager and/or City, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation at the Market/Event.
In addition to all other rules and regulations relating to the Market/Event, Vendor/Exhibitor agrees to comply with all COVID-related procedures that may be implemented by Chamber, Market Manager and/or City, including, but not limited to, mask-wearing and social distancing requirements and restrictions on certain activities that carry higher COVID-related risk, in order to protect as much as possible the health and safety of all Market/Event attendees.
Vendor/Exhibitor further attests that they will follow responsible practices to limit their risk of exposure to COVID-19 prior to attending, including but not limited to, practicing social distancing, not travelling internationally or to a highly-impacted area within the United States within 14 days prior to Market/Event, and otherwise limiting Vendor/Exhibitor’s exposure to the coronavirus. Should Vendor/Exhibitor be diagnosed with COVID-19, exposed to a person with a confirmed or suspected case of COVID-19, or not yet cleared as noncontagious by state or local public health authorities and/or experience any symptoms of illness such as a fever, cough, or shortness of breath, that Vendor/Exhibitor will notify Chamber to cancel reservation and will not attend the Market/Event.
The Chamber makes no representation, guarantees or promises expressed or implied, regarding the number of people who will attend the Market/Event, the amount of revenue Vendor/Exhibitor can expect to generate from the Market/Event, or any other matters regarding the Market/Event. Any such statements, prior to or after the execution of this Agreement, are mere opinion and unless expressly included in this Agreement, are hereby disavowed.
ASSIGNMENT OF SPACE/BOOTH LOCATION
The Chamber and/or Market Manager maintain sole discretion to assign space at the Market/Event and reserves the right to change the assignment or Vendor/Exhibitor location as necessary. Reasonable accommodations for frequently participating Vendors/Exhibitors will be made in an effort to try to offer the same or similar booth/space location, but cannot be guaranteed at each Market/Event.
The Chamber and/or Market Manager reserve the right to cancel the Market/Event due to circumstances beyond their control or not reasonably anticipated, including but not limited to weather, acts of God, acts of war, governmental emergency, imposition of martial law, labor strike or unrest, or inability of Facility to host Market/Event. If Market/Event is cancelled due these circumstances, the Chamber shall refund or apply fees towards a future Market/Event releasing the Chamber from any and all liabilities due to cancellation.
I agree to cooperate with Chamber, Market Manager and City Representatives. I will abide by the 48-hour cancellation policy and notify the Chamber at least 48 hours in advance to cancel. If your group no-shows 2 times, you will no longer be able to participate in this event.
I agree to distribute only materials that have received prior approval by the Chamber. I will not solicit or resell products or recruit at the Market/Event. The Market/Event may not be used for campaign or political purposes. The Chamber reserves the right to request any item or setup not deemed appropriate to be removed. Only items described and submitted in the Vendor/Exhibitor application will be displayed. I agree to operate by these Participation Rules and Instructions.
This Agreement shall become legally binding and effective only when the Vendor/Exhibitor has signed this Agreement in full and a payment in full has been received by the Lomita Chamber of Commerce.
ASSUMPTION OF RISK
I expressly assume all risks associated with, resulting from or arising in connection with my participation in or presence at Market/Event, including, but not limited to theft, loss, or damage of property, damage or injury to person or persons, (including death), or loss of income or future income, whether caused by negligent, intentional, or accidental acts, acts of God or otherwise. Neither the Chamber, Market Manager nor City accept any responsibility for theft, loss or damage of property, damage or injury to person or persons, (including death), or loss of income, whether caused by negligent, intentional, or accidental acts, acts of God, or otherwise.
WAIVER/INDEMNIFICATION/HOLD HARMLESS AGREEMENT
On behalf of myself, my heirs, executors, administrators, subrogates, and assigns, I hereby agree to and do assume all risk of damage, injury and loss (personal injury and injury to real and personal property) arising from my participation in the Market/Event. I further hereby release and discharge the Lomita Chamber of Commerce (“Chamber”), VenaVer (“Market Manager”), the City of Lomita (“City”) and any department, officer, employee, representative, agent, contractor, successor or assign of said parties, from any and all claims for losses, damages or liabilities of whatever kind arising out of or attributable to my participation in the Market/Event, whether or not caused by the negligence of the parties or their departments, officers, employees, representatives, agents, contractors, successors or assigns. I/we will indemnify and hold harmless the sponsors of the Market/Event, the Chamber, the Market Manager, the City, their agents and employees, from and against any and all liability, claims, demands, expenses, fees, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature arising or growing out of or in any way connected with my/our use or occupancy as a Vendor/Exhibitor at the Market/Event. I hereby agree as a Vendor/Exhibitor representative in the Market/Event to maintain all applicable insurance in effect while I am participating in the Market/Event, including but not limited to vehicle liability insurance and worker’s compensation insurance where applicable.
I hereby agree and understand that my participation at the Market/Event is on a space available basis and the renewal of my participation privileges is based upon the following factors: consistent reserved attendance, cooperation and positive relations with the Chamber, positive consumer relations, cooperation of my business and its sales representatives, quality of products, adherence to the Market/Event rules and instructions.
I execute this instrument voluntarily, with full understanding of its meaning, and with the intent of giving up any right I may have to sue the Chamber, the Market Manager or the City due to my participation in the Market/Event. I HAVE READ AND UNDERSTOOD THE FOREGOING AND VOLUNTARILY SIGN THIS AGREEMENT. Acceptance of this application constitutes a contract. As a Vendor/Exhibitor/exhibitor, I agree to the liability release and to abide by the terms of the contract.
(updated January 24, 2022)