Location
Food trucks for the Event will be located as stated above.
Attendance
If you are unable to provide services at the Event, you must notify the Wabasha Kellogg Chamber of Commerce & Convention and Visitor’s Bureau as soon as possible prior to the Event at (651) 565-4158 or director@wabashamn.org.
Weather Policy
The Event will operate rain or shine; however, the Event may be cancelled due to inclement weather as determined in the Owner’s sole and absolute discretion. Notification of cancellation will be provided by 8:00 a.m. on the date of the Event. The Event may or may not be rescheduled for a later date.
Merchandise
Owner reserves the right to approve and deny merchandise/produce/goods that have not been approved through the Proposal. Owner, its agents, or its employees will not be responsible for safeguarding merchandise.
Operations and Damages
You are fully responsible for ensuring that your assigned space at the Event is left in the same condition at the end of the Event as when you arrived. Any damage to Owner’s property, including but not limited to staining from the operation of the food cart or truck, will be fully remedied at your expense.
Health Inspections
Vendors must provide Owner with a copy of their mobile food license within two (2) business days from the date of this Contract. Vendors are expected to follow all rules and regulations as set-forth by Wabasha County. Vendors must comply with all City Health Inspectors and their agents.
Security
You assume all risk of loss or damage to merchandise or other property, regardless of cause. The Owner is not responsible for property that is lost, stolen or damaged.
Media Release
By signing this Food Truck Vendor Contract and by participating in the Event, you agree to the following statement:
I hereby give my consent to all photographs, audio recordings, academic work and/or video recordings taken of me or my staff. I understand that any such photographs, audio recordings, academic work, and/or video recordings become the property of Owner and may be used by Owner, or others with their consent, for educational, instructional or promotional purposes determined by Owner in broadcast and media formats now existing or created in the future.
Trash
Trash receptacles we be placed throughout Event for use by attendees. Owner is unable to provide individual trash receptacles for Vendors. Vendors are expected to take their business’ trash with them at the end of the Event and not use Owner’s trash receptacles.
Indemnification
You agree to indemnify, defend, and forever save and hold harmless Owner and its affiliates or related entities, and their respective principals, shareholders, members, partners, officers, directors, employees, representatives, tenants, agents, contractors and volunteers, from and against 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 Indemnities may suffer or incur arising from your acts or the breach of any agreement, obligation, warranty or representation made herein, or for claims not closely related to our duties under this Agreement, except to the extent such claims arise from our negligence or willful misconduct. The foregoing indemnification shall survive any termination or the expiration of the term of this Contract.
Insurance
Prior to participation in the Event, you will deliver to Owner current certificates of insurance (and original additional insured endorsements with respect to the insurance described in clauses (ii) and (iii), below) which evidence that you are carrying (i) workers' compensation insurance in statutory amounts, together with Employer’s Liability coverage with limits not less than $1,000,000 bodily injury by accident (each accident), $1,000,000 bodily injury by disease (policy limit) and$1,000,000 bodily injury by disease (each employee); (ii) a commercial general liability insurance policy, including contractual liability coverage, in an amount of at least One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate; and (iii) automobile liability insurance covering all owned, non-owned and hired vehicles in an amount of at least One Million Dollars ($1,000,000) per accident. The insurance policies described above in clauses (ii) and (iii) shall be endorsed to name Owner and their respective directors, officers, employees and any agent of the foregoing (collectively, the “Owner Parties”) as additional insureds, shall be primary and non-contributing with any other insurance available to Owner or the Owner Parties, shall be issued on an occurrence basis, and shall contain a full waiver of subrogation clause. All insurance referred to in this Section to be carried by you shall be with financially responsible insurance companies having a rating of not less than A-/VII by A.M. Best.
