TERMS AND CONDITIONS

THE PURCHASE OF YOUR VENDOR PACKAGE CONSTITUTES A CONTRACTUAL AGREEMENT BETWEEN THE VENDORS(S), (COLLECTIVELY AS "YOU" AND "VENDOR"), AND LUXOTIC RETREATS LLC ("LUXOTIC RETREATS LLC", "WE", "US") PURSUANT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS”, “AGREEMENT”):

 

LICENSE, PERMITS, TAXES, FEES:

THE VENDOR SHALL OBTAIN, AT HIS OWN COST, ANY LICENSE OR PERMITS AS MAY BE REQUIRED BY LAW, AND SHALL PAY ALL TAXES, FEES AND CHARGES PRESCRIBED BY FEDERAL, STATE, AND LOCAL LAWS, ORDINANCES, AND REGULATIONS IN CONNECTION WITH VENDOR'S USE OF THE PREMISES. VENDOR SHALL MEET THE REQUIREMENTS OF THE COMMISSIONER OF THE REVENUE AND DEPARTMENT OF PUBLIC HEALTH FOR PARTICIPATION IN A SPECIAL EVENT.

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NO ASSIGNMENT:

VENDOR SHALL NOT ASSIGN THE WHOLE OR ANY PART OF THIS AGREEMENT NOR THE PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT.

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PROFESSIONAL CONDUCT AND CONCESSION APPEARANCE:

NO ACTIVITIES IN VIOLATION OF FEDERAL, STATE, OR LOCAL LAWS SHALL BE PERMITTED ON THE PREMISES; AND IT SHALL BE THE RESPONSIBILITY OF THE VENDOR TO ENFORCE THIS PROVISION. NO LEWD OR INDECENT ACTIONS, CONDUCT, LANGUAGE, PICTURES, OR PORTRAYALS SHALL BE INCLUDED IN THE ACTIVITY PRESENTED BY THE VENDOR ON THE PREMISES; AND NOTHING SHALL BE PRESENTED, USED, OR SOLD THAT IS CONTRARY TO LAW OR PROHIBITED BY THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT.

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ELECTRICAL INSTRUCTION:

IF POWER IS AVAILABLE AT THE EVENT VENUE, VENDOR SHALL OPERATE NO INSTRUMENTS, APPLIANCES, MACHINERY, EQUIPMENT, OR OTHER OBJECTS REQUIRING ELECTRICITY EXCEPT AS SPECIFICALLY SET OUT HEREIN; 110 HOUSEHOLD SERVICE ONLY. NO CONNECTIONS OR COMBINATIONS OF CONNECTIONS CAN EXCEED 20 AMPS. NO VENDOR IS PERMITTED TO CONNECT POWER UNTIL AUTHORIZED ON‐SITE BY AN EVENT ORGANIZER REPRESENTATIVE.

 

CAUSES FOR AGREEMENT TERMINATION:

IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT, WITHOUT PREJUDICE TO ANY RIGHTS AND REMEDIES THAT MAY BE AVAILABLE TO THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT, IN THE EVENT OF ANY BREACH OR FAILURE TO PERFORM BY VENDOR ONE OR MORE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, LUXOTIC RETREATS LLC MAY TERMINATE THIS AGREEMENT BY SO NOTIFYING THE VENDOR AND MAY REFUSE TO ALLOW THE VENDOR TO TAKE POSSESSION OF THE PREMISES OR IF VENDOR IS ALREADY IN SUCH POSSESSION, MAY STOP ALL ACTIVITIES OF VENDOR ON PREMISES AND OUST VENDOR FROM THE PREMISES. THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT, ITS AGENTS, OR EMPLOYEES SHALL IN NO WAY BE RESPONSIBLE FOR THE VENDOR FOR CARRYING OUT THE ACTIONS AUTHORIZED BY THIS PARAGRAPH. THE WAIVER BY CITY OF ANY BREACH OF ANY TERM CONTAINED IN THIS AGREEMENT SHALL NOT BE DEEMED TO BE A WAIVER OF SUCH TERM FOR ANY SUBSEQUENT BREACH OF THE SAME OR ANY OTHER TERM.

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THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT RESERVES THE RIGHT TO EVICT ANY OBJECTIONABLE PERSON OR PERSONS FROM ANY PORTION OF THE FACILITY, AND UPON THE EXERCISE OF THIS OPTION OR AUTHORITY BY THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT, ITS AGENTS OR POLICE OFFICERS, THE VENDOR HEREBY WAIVES ANY RIGHT OR CLAIM FOR DAMAGES AGAINST THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT OR ANY OF ITS AGENTS OR EMPLOYEES.

SHOULD THE PREMISES BE MADE IMPRACTICAL FOR USE BY ANY CAUSE, THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT MAY, AT ITS DISCRETION, TERMINATE AND VOID THIS AGREEMENT, AND THE VENDOR EXPRESSLY WAIVES ANY AND ALL CLAIMS FOR DAMAGE OR LOSS OF PROFIT OR OTHER COMPENSATION SHOULD THIS AGREEMENT BE SO TERMINATED.

 

HAZARDOU SMATERIALS AND SITUATIONS:

VENDOR AGREES NOT TO BRING ONTO THE PREMISES OF THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT ANY MATERIAL, SUBSTANCES, EQUIPMENT, OR OBJECT WHICH IS LIKELY TO ENDANGER THE LIFE OF, OR TO CAUSE BODILY INJURY TO OR DEATH OF, ANY PERSON ON SUCH PREMISES, OR WHICH IS LIKELY TO CONSTITUTE A HAZARD TO PROPERTY THEREON, WITHOUT PRIOR WRITTEN APPROVAL OF THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT. THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT SHALL HAVE THE RIGHT, IN ITS SOLE DISCRETION, TO REFUSE TO ALLOW ANY SUCH MATERIAL, SUBSTANCES, EQUIPMENT, OR OBJECT TO BE BROUGHT ONTO ITS PREMISES AND THE FURTHER RIGHT TO REQUIRE IMMEDIATE REMOVAL THEREFROM IF FOUND THEREON.

 

PROHIBITED PRACTICES:

• NO OPERATING ON SITE WITHOUT GROUND COVER

• NO DRIVING ON GRASS AT ANY TIME

• NO STAPLES/NAILS PERMITTED ON TENTS

• NO FIRES EXCEPT IN APPROVED GRILLS OR CONTAINERS AT APPROVED LOCATIONS

• NO DISPOSAL OF WATER, ICE, GREASE OR ANY LIQUID ON GRASS AT ANY TIME ‐ ABSOLUTELY NO LIQUIDS TO BE POURED INTO OUTDOOR DRAINS OR ON PAVEMENT

• ALL GREASE AND LIQUIDS (INCLUDING MELTED ICE) MUST BE DISPOSED OF IN PROPER WASTE CONTAINERS

• ALL ASH, CHARCOAL MUST BE REMOVED FROM SITE BY VENDOR IN COVERED CONTAINERS

• ALL SIGNS, TAPE ,STRING, DECORATIONS, ETC., MUST BE REMOVED BEFORE LEAVING SITE

 

LUXOTIC NOT LIABLE FOR LOSS OR DAMAGE:

THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO MACHINERY, EQUIPMENT, MERCHANDISE, PARAPHERNALIA, COSTUMES, CLOTHING, BOOTHS, STANDS, EXHIBIT MATERIALS, OR ANY OTHER PROPERTY OF THE VENDOR, OR VENDOR'S AGENTS, EMPLOYEES, PATRONS, OR GUESTS, CAUSED BY THEFT, RIOTS, STRIKES, CIVIL COMMOTION, FIRE, ACTS OF GOD, OR ANY OTHER CAUSE OF WHATEVER KIND OF NATURE. THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT SHALL NOT BE RESPONSIBLE FOR CHARGES OR EXPENSES ON ANY MATERIALS, MERCHANDISE, PROPERTIES, PRINTED OR ADVERTISING MATTER OR OTHERWISE, DELIVERED FOR THE VENDOR. THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT WILL NOT RECEIVE MATERIALS ON BEHALF OF A VENDOR.

VENDOR'SRESPONSIBILITIES FOR STRUCTURES/DAMAGES/OPERATIONS AREA:

VENDOR SPECIFICALLY AGREES NOT TO MOVE ONTO OR CONSTRUCT, RAISE OR OTHERWISE ERECT ON THE PREMISES ANY TENTS, BOOTHS, BUILDINGS, OR STRUCTURES OF ANY KIND WITHOUT THE PRIOR CONSENT OF THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT, AND THE VENDOR SHALL BE RESPONSIBLE FOR ANY DAMAGE TO THE PREMISE AND TO THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT’S PROPERTY CAUSED BY SUCH ACTS OF THE VENDOR OR VENDOR'S AGENTS, EMPLOYEES, PATRONS, OR GUESTS, WHETHER ACCIDENTAL OR OTHERWISE. VENDOR FURTHER AGREES THAT ALL PROPERTIES AND DECORATIONS BROUGHT ONTO PREMISES WILL BE REMOVED IMMEDIATELY FOLLOWING THE ACTIVITY. VENDOR SHALL BE RESPONSIBLE FOR POLICING AND MAINTAINING A NEAT AND ORDERLY APPEARANCE IN AND ADJACENT TO THIS VENDOR AREA. TO THIS END, VENDOR CAN PROVIDE TRASH BINS AS RECEPTACLES FOR ITS OWN USE AND FOR THE USE OF ITS PATRONS, WITHIN ITS PREMISES.

 

APPROVALOF ADVERTISING AND DECORATIONS:

VENDOR SHALL NOT PROMOTE, DISPLAY, OR DISTRIBUTE PROMOTIONAL MATERIAL OR SIGNAGE FOR ANY CORPORATE IDENTITY, COMPANY, OR PRODUCT OTHER THAN THOSE DICTATED AND ALLOWED BY THE LUXOTIC RETREATS BRUNCH AND PAINT EVENT.