Fill and Sign the Concession Agreement Form

Booth Concession Rental Agreement for Farmers Market 1 This Booth Concession Rental Agreement (this Agreement) is made effective as of the _____________________ (date) , between ________________________ (Name of Landlord) a ____________________ (Name of State) , a non-profit corporation organized and existing under the laws of the state of ______________, with its principal office located at ___________ ____________________________________________________________________ (street address, city, state, zip code) , referred to herein as Landlord , and _____________________ (Name of Vendor) of ___________________________________________________________ __________________ (street address, city, state, zip code) , referred to herein as Vendor . For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Rental of Booth Space Vendor hereby agrees to rent from Landlord a Booth space (the Booth ) at __________________________ (Name of Farmers Market) , hereinafter called the Farmers Market , with such location of the Booth to be designated by Landlord . 2. Purpose and Use A. Vendor shall use the Booth for the sole purpose of selling his produce, products, merchandise or other Goods (the Goods) as may be pre-approved by Landlord for sale at the weekly Farmers Market. Vendor shall not use or permit the use of the Booth for any other purpose. B. Landlord has the right to restrict or limit Vendor ’s sale of Goods at the Booth which Landlord may, in its sole judgment, deem to be competitive with other Goods sold by other Vendor s at the Farmers Market. C. Trash or other materials shall not be allowed to accumulate in or near the Booth area. The storage of flammable, explosive or other inherently dangerous material is prohibited. Vendor shall not store or use in the Booth any items which shall be in violation of any law or regulation, or do any act or cause to be done any act which creates or may create a nuisance in or upon or connected with the Booth area. D. No tobacco products shall be sold or distributed by Vendor . E. For all days that Vendor is scheduled to attend, Vendor agrees to operate Vendor 's business and be open for business for the entire duration that the Farmers Market is open to the public. 3. Term of Rental The term of this Agreement shall be for the period specified in the Farmers’ Market Application submitted by Vendor and approved by Landlord or as otherwise mutually agreed upon by Landlord and Vendor . The Vendor expressly acknowledges and agrees that it shall be bound by the terms and conditions of this Agreement during all times that it rents the Booth , regardless of whether such rental extends over a continuous period of weeks or such rental is for only certain weeks. 4. Access to Booth Vendor agrees that Landlord shall have the right of free access to the Booth at all times. 2 5. Rental Rate Vendor shall pay a rental rate per week, as applicable, as shown on the Farmers’ Market application. The rent is due and payable at the end of each market day as described in the application. 6. Vendor’s Insurance A. Vendor shall, at its sole expense, procure and maintain at all times during the term of this Agreement the following liability and property damage insurance with the specified minimum limits of coverage: 1. Comprehensive Bodily Injury, Property Damage, and Liability Insurance covering losses caused by the operation of the Booth , automobiles, trucks, or other vehicles with limits of $500,000 for injury or death of one (1) person and $1,000,000 for injury or death of two (2) or more persons in any one (1) accident, and $100,000 for property damage in any one (1) accident, and also including bodily injury and property damage or loss caused by independent contractors or by agents of Vendor . 2. Fire and extended coverage insurance with fire, vandalism and mischief endorsements for the full cash value of the Booth and its contents. 3. Product Liability Insurance with minimum limits of $500,000 for injury or death of one (1) person and $1,000,000 for each accident or occurrence to cover the liability of both Vendor and Landlord and the agents and employees of each. 4. Worker's Compensation Insurance as required by the laws of the State of _______________ (Name of State) . 5. Automobile Liability Insurance covering all vehicles owned, non-owned, hired and leased with minimum limits of $100,000 for property damage and $1,000,000 for bodily injury or death. B. Vendor shall cause the foregoing insurance policies to name as additional insureds each of the following: ___________________________ (Name of Farmers Market) , and its respective officers, directors, agents, and employees; and the specific City where each Farmers Market takes place. All such insurance shall be primary insurance and shall provide that any right of subrogation against any party named as additional insured and its successors and assigns are waived. 7. Indemnification Vendor agrees to defend, indemnify, and hold harmless the Landlord , and each of its respective officers, directors, employees, agents, representatives, contractors, and assigns (collectively referred to as the Indemnitees ), from and against, and reimburse the Indemnitees for, any and all claims, damages, losses, demands, liabilities, obligations, judgments, settlements, penalties, fines, costs and expenses (including attorneys’ fees and costs) and other amounts (collectively, the Losses) which may be paid, incurred or sustained or asserted against the Indemnitees based upon, or relating to, A. Any breach or noncompliance by Vendor of any covenant contained in this Agreement, including all exhibits hereto; 3 B. The use, occupancy or operation of the Booth , including all common areas and other areas adjacent to the Booth , by Vendor , its employees, and customers (collectively, the Users ). 8. Security for Booth Landlord is not responsible for any loss or damage to the Booth or the property of Vendor caused by the removal of the Booth or any property therein by any authorized or unauthorized persons, or any act of repossession, resale or other removal of the Booth or any property therein by other persons. 9. Limitation of Liability Notwithstanding Landlord ’s negligence or breach of this Agreement, the Indemnitees shall under no circumstances be liable for injury to Vendor ’s business or for any loss of income or profit therefrom, or for any consequential, incidental or special damages of any kind, nor shall the Indemnitees be liable for any damages to the property of Vendor , its employees, invitees, customers or other Users, or for injury to the person of Vendor or any other Users , all of which loss, damage or injury shall be at the sole risk of Vendor , except to the extent that such injury, loss or damage is caused by the gross negligence or willful misconduct of an Indemnitee. Further, Landlord shall not be liable for any damages arising from any act or neglect of any other Vendor . 10. Rules Vendor shall, and shall cause its employees, agents, representatives, affiliates, contractors, licensees, customers and invitees to, abide by all rules and policies that may be adopted from time to time by Landlord for the use, occupancy and operation of the Booth and the Farmers Market, including, without limitation, the Market Rules attached hereto as Exhibit A and incorporated herein by reference. 11. Surrender of Booth After the closing of the Farmers Market, Vendor shall as soon as possible quit and surrender the Booth to Landlord . Upon such quitting and surrender, the Booth shall be in the same condition as at the opening of the Farmers Market. Vendor shall remove all of its property from the Booth and the Farmers Market after closing time. Vendor shall pay Landlord for any expenses incurred by Landlord in removing and/or storing any property of Vendor that it fails to remove after the closing of the Farmers Market. 12. Abandonment If Vendor fails to pay rent when due and remains unpaid for a period of one (1) day after the due date, and Vendor fails to give Landlord written notice of Vendor ’s intention not to abandon the Booth and personal property located therein within one (1) day thereafter, Vendor shall be deemed to have abandoned the Booth and personal property located therein and, at Landlord 's option, the Booth shall be deemed abandoned. In the event of Vendor ’s abandonment, any expenses and costs incurred by Landlord in connection with Vendor ’s abandonment shall be paid by Vendor upon demand by Landlord . 13. No Refund If Vendor fails to occupy or use the Booth as provided herein (other than as a result of a breach by Landlord of its obligations hereunder), no refund shall be made to Vendor . 14. Maintenance and Service 4 A. Vendor shall regularly inspect and service the Booth and shall keep it in clean and sanitary condition in accordance with all applicable federal, state and local laws. B. Vendor shall furnish and bear the expense of regular janitorial service for the area in which the Booth is located. C. Vendor shall supply suitable waste disposal containers for the convenience of Users of the Booth and the Vendor ’s customers. 15. Electrically Operated Machines All electrically operated equipment utilized by Vendor shall be equipped so as to provide thermal overload protection, and shall comply with applicable ordinances and regulations. 16. Compliance With Laws A. Vendor shall comply with all applicable federal, state or local laws with respect to the Farmers Market, the use, occupancy and operation of the Booth , and the sale of Goods at the Farmers Market. B. Vendor shall comply with all applicable rules, orders, regulations or requirements of the _________________ (Name of City) Fire Department (the Fire Department) or any other similar body and shall not do or permit to be done in or about the Booth or bring or keep anything therein except as permitted by the Fire Department or any other authority having jurisdiction over the Farmers Market, Landlord or Vendor . 17. Permits Prior to Vendor ’s use of the Booth , Vendor agrees, at Vendor ’s expense, to obtain from the City of Los Angeles or any other applicable governmental body or agency, such governmental permits as Landlord determines to be necessary for Vendor ’s use of the Booth for the Farmers Market, including, but not limited to, business licenses and seller’s permits. 18. Fees and Taxes Vendor shall be responsible for and shall pay all federal, state, county, and city license fees and all sales or other taxes that may be imposed on the sales of Goods at the Booth . 19. Non-Exclusive Use Vendor agrees that Landlord shall have the full, complete and absolute authority to establish the schedules for the use and availability of such services and facilities and to determine when and to what extent any sharing of any such services and facilities is necessary or desirable provided such schedules do not unreasonably interfere with Vendor ’s use of the Booth , and Vendor agrees to comply with any schedules so established and to cooperate in any sharing arrangements so determined. In no event shall Vendor enter or use any areas, service space or facility of the Farmers Market other than the Booth without first obtaining Landlord ’s consent and approval, which may be given or withheld in its sole discretion. 20. Termination Either party may terminate this Agreement for any or no reason by giving thirty (30) days' prior written notice to the other party of its intention to terminate. 21. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the 5 parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 22. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 23. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 24. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 25. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 26. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 27. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 28. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 29. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 30. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. 6 WITNESS our signatures as of the day and date first above stated. ________________________ (Name of Landlord) ________________________ By:_________________________ (P rinted name) ____________________________ ________________________ (P rinted name & Office in Corporation) (Signature of Vendor) ____________________________ (Signature of Officer) 7