Cakechella Terms & Conditions

Cakechella Vendor Terms and Conditions

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This Vendor Agreement ("Agreement") is made and entered into by and between Cakechella LLC ("Organizer") and the undersigned vendor ("Vendor") for participation in the Cakechella festival ("Event"). By submitting payment for a vendor space, the Vendor agrees to comply with and be bound by the following terms and conditions.

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1. Agreement & Participation

Participation in the Event is contingent upon the Vendor's acceptance of this Agreement. The Organizer reserves the right to refuse any application or to remove any Vendor from the Event who is not in compliance with these terms, without refund or recourse.

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2. Vendor Fee & Payment

The fee for a vendor space ("Vendor Fee") must be paid in full by the date specified in the Vendor's invoice.

• Non-Refundable Policy: The Vendor Fee is strictly non-refundable upon payment. The Organizer incurs significant administrative, marketing, and operational costs prior to the Event, and the Vendor Fee is immediately applied to these expenses. No refunds will be issued for any reason, including but not limited to Vendor cancellation, no-show, or removal from the Event due to non-compliance.

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3. Mandatory Insurance Requirement

The Vendor is required to obtain and maintain a General Liability Insurance policy for the duration of the Event.

• Coverage Minimum: The policy must have a minimum coverage limit of $1,000,000 per occurrence.

• Failure to Provide: Failure to obtain the required insurance will result in the forfeiture of the Vendor's space and any fees paid.

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4. Mandatory Product Tastings

As a core component of the Cakechella experience, all participating dessert Vendors are required to provide product tastings to Event attendees.

• Minimum Quantity: The Vendor must provide a minimum of one hundred (100) individual tastings for the duration of the Event.

• Minimum Value: Each individual tasting must have an estimated retail value of at least $2.00.

• Purpose: These tastings are intended to allow attendees to experience the Vendor's products, drive traffic to the Vendor's booth, and enhance the overall value of the Event for all participants. The cost of these tastings is the sole responsibility of the Vendor.

• Non-Food or Non-Applicable Categories: Cakechella LLC, at its sole discretion may accept certain vendors for which the tasting requirement does not apply.  Any waiver from this requirement is only valid if the vendor is in a non-dessert category or when received from a Cakechella staff member, in writing.

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5. Booth Space & Operations

• Assignment: The Organizer has the sole discretion to assign and, if necessary, reassign vendor space.

• Setup/Teardown: The Vendor must adhere to the designated setup and teardown schedules provided by the Organizer. Booths must be fully set up at least thirty (30) minutes before the Event opens to the public and must remain operational until the official closing of the Event.

• Cleanliness: The Vendor is responsible for keeping their designated space clean and orderly and must remove all trash from their space at the end of the Event.

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6. Health, Safety & Licensing

The Vendor is solely responsible for complying with all applicable local, state, and federal health and safety regulations.  If applicable, the Vendor must have all necessary licenses and permits to operate and sell their products. All such permits must be present at the Vendor's booth during the Event.

 

7. Indemnification and Limitation of Liability

The Vendor agrees to indemnify, defend, and hold harmless Cakechella LLC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorney's fees) arising out of or in any way connected with the Vendor's participation in the Event, including but not limited to any injury, death, or property damage caused by the Vendor's products, actions, or negligence.

 

8. Media Release

The Vendor grants Cakechella LLC the unrestricted right to use, publish, and display the Vendor's name, likeness, logo, products, and images or videos of their booth for advertising, promotional, and other commercial purposes related to the Event without compensation or approval.

 

9. Event Cancellation (Force Majeure)

If the Event is canceled or postponed due to circumstances beyond the Organizer's control (including but not limited to acts of God, severe weather, government mandate, or public health crisis), the Organizer will not be liable for any damages or losses incurred by the Vendor. In such a case, Vendor Fees will remain non-refundable to cover pre-incurred Event costs.

 

10. Entire Agreement

This document constitutes the entire agreement between the Organizer and the Vendor and supersedes all prior discussions, negotiations, and agreements.