This Food Truck Contract Agreement (“Agreement”) is entered by and between Maker Faire NoVA 2019 (herein “Organizer”) and _(the food truck vendor named in the online form below) (hereinafter “Vendor”). WHEREAS, “organizer” is hosting an event on Sunday , June 2, 2019, from 11:00 a.m. to 5:00 p.m. on the campus of George Mason University in Fairfax Virginia.
Organizer desires to contract non-exclusively with Vendor to provide food truck services at the Event in accordance with this Agreement. WHEREAS, Vendor operates a commercial food truck through which it prepares and sells food (hereinafter “Food Truck”) and desires to offer its food truck services in accordance with this Agreement. The parties hereby agree as follows:
Vendor Responsibilities:
- As a Food Truck participant at the Event, the Vendor shall comply with and perform as follows:
- Vendor shall be fully permitted and licensed to prepare, serve and sell food in the State of Virginia, County of Fairfax, under all applicable laws, statutes and ordinances.
- Vendor shall further apply to and be approved by George Mason University to be on their approved caterers list prior to entering into this agreement.
- Vendor shall comply with all health and fire codes, permits and restrictions.
- Vendor shall be responsible for the collection, reporting and payment of all applicable sales tax related to products sold at the Event.
- Vendor shall arrive at event in enough time, set up in the space so assigned, be fully set up and ready to serve food by the publicized opening of the event (see provided schedule) on the date of the Event, and shall remain open serving food until …
- Vendor shall be equipped to accept cash and credit card for purchases from the Food Truck.
- Vendor certifies by its signature below that the information provided by the Vendor, including its legal authority to conduct the food truck business, is true and accurate. Vendor further agrees to and shall follow all Terms and Conditions attached hereto and incorporated into this Agreement.
- Vendor agrees to assist in promoting “Organizer” / Event. Organizer will provide 500 printed flyers to Vendor in advance of the event for distribution from the Food Truck in the two weeks leading up to the event and divided among three separate days and locations. Organizer will also provide a digital image suitable for posting on Facebook and Instagram. Vendor agrees to post this to all social media accounts at least three times in the two weeks prior to the event.
- Vendor acknowledges that they will not receive payment from Organizer/ Event for their participation. Vendor also acknowledges that they will not be required to pay to Organizer/ Event a portion of their proceeds from the Event.
- Vendor agrees to indemnify, hold harmless and agree to defend the Organizer/ Event and their respective officers, employees, principals, agents, contractors and volunteers from any and all damages, claims, losses, demands, costs, expenses (including attorney’s fees and costs), obligations, liens, liabilities, actions and causes of action, threatened or actual, which any one of the patrons, guests, visitors, other food trucks, or any other person or entity present at the Event may suffer or incur arising from Vendor’s acts or the breach of any agreement, obligation, warranty or representation made herein, or for claims not related to Organizer’s/ Event’s duties under this Agreement.
- Each Food Truck must supply to Organizer at least one week prior to the Event an individual Property and Liability Insurance Certificate of Insurance. As part of its insurance requirements, Vendor shall also maintain and provide to Organizer Product Liability Insurance for the sale or distribution of any food products at the Event. Liability coverage should be in an amount no less than $1,000,000.00.
- The Certificate of Insurance for the coverage in subsection (b) above shall name “Maker Faire NoVA” as an “additional insured.”
- Each Food Truck must supply to Organizer at least one week prior to the Event an individual Property and Liability Insurance Certificate of Insurance. As part of its insurance requirements, Vendor shall also maintain and provide to Organizer Product Liability Insurance for the sale or distribution of any food products at the Event. Liability coverage should be in an amount no less than $1,000,000.00.
- The Certificate of Insurance for the coverage in subsection (b) above shall name “Maker Faire NoVA” as an “additional insured.”
Organizer/ Event Responsibilities:
- As the organizer of the event, the organizer agrees to the following in staging the event.
- Organizer shall invite and actively promote this event to all previous Makers Faire NoVA participants as well as promote event via social media and other channels.
- Organizer shall promote the Vendor’s name and logo on all Event and pre-Event promotions (social media, website, printed signage, and internal communications).
- Organizer shall limit the number of food trucks at the Event to a maximum of fifteen (15) food trucks.
- Organizer will not pay for Vendor’s participation, not will organizer require a portion of the Vendor’s proceeds as payment for participation.
E. Cancellation of Event. Organizer reserves the unilateral right to cancel the Event due to any conditions that make holding the event untenable. Makers Faire NoVA shall provide to Vendor any such decision on cancellation by 12:00 p.m., on Saturday June 1, 2019.
- Event will be held rain or shine.
- Organizer assumes no liability or responsibility for loss or damage to the Food Truck, its property, employees or guests.