Flea Market Booth Rental Agreement

Flea Market Booth Rental Agreement

This Booth Rental Agreement is made (date), between , a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Lessor, and , of , referred to herein as Lessee.

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. Lessee hereby rents from Lessor and Lessor hereby rents to Lessee that certain booth space located at (describe location) which as part Lessor’s Flea Market held at (address).

Lessee hereby agrees to pay as a monthly booth rental a sum equal to % of Lessee’s gross sales to the public at said location. Said rental shall be paid to Lessor at the address set forth above. Lessee hereby certifies that she is, or will be, the owner of the merchandise that she will bring to this Flea Market and has, or will have, the right to sell such merchandise which is, or will be, free from all encumbrances.

2. Lessee agree to adhere to all the rules and regulations set by Lessor including those listed in this Agreement further agrees that these Rules and Regulations are subject to change any time without notice.

3. Rules and Regulations. Lessee understands and agrees that:

A. As a booth renter, she is not an employee, agent or representative of Lessor and is responsible for paying his own expenses and taxes.

B. A booth renter cannot sell, assign, or transfer his/her rented space without prior written approval from Lessor.

C. Lessee is to obey all laws pertaining to the operation of her business, and that she will comply with all the regulatory agencies and timely remit any and all applicable taxes (state, local, federal, personal, or business.)

D. All rent shall be paid on the first day of each month without notice or demand beginning of the day of , 20. If any such rent is not paid on or said date Lessee will pay a late fee of five ($5.00) dollars a day to Lessor. If Lessee fails to pay such rental by the 5th day of any given month, she will surrender and all merchandise that is in her rented space as payment toward her overdue rental fees.

E. Lessor is not responsible for the loss of merchandise through theft, fire, destruction, etc.

F. Lessor does not carry insurance of any kind for booth renters or their merchandise.

G. Lessor will collect from Lessee and submit to the proper agencies all applicable sales taxes.

H. All merchandise MUST be priced with the proper sting tag. This tag is not to exceed the dimensions of (e.g., 1 and 1/8” by 1 and 3/4”) , and must be properly filled out with the booth number in upper left-hand corner opposite of string, along with a full description of the item for sale, with the sales price clearly marked. The booth number and price must be FULLY LEGIBLE.

I. Lessor will not allow locked showcases within individual booths.

J. Lessee shall not sell pornography materials of any kind, firearms, alcoholic beverages, or any other items illegal by law.

K. Lessee agrees to indemnify, defend, and hold free and harmless Lessor and each of its employees, officers, and directors, from and against any and all actions, claims, liabilities, assertions of liability, losses, costs, and expenses arising from the performance of this Agreement by Lessee, including, but not limited to, attorney fees, reasonable investigative and discovery costs, and court costs, which in any manner may arise or be alleged to have arisen, or resulted, or alleged to have resulted, from the presence, activities, and promotions of any nature or otherwise of Lessee.

4. Termination

This Agreement will terminate on (date) with the exception of Lessee’s duty to pay rent that is due. This Agreement may be terminated prior to said date by Lessor at its option if any one or more of the following events shall occur:

A. Failure of Lessee to timely pay rental as provided above.

B. The transfer, assignment or subletting by Lessee of any of Lessee's rights or interests under this Agreement.

C. Any lien is filed against Lessee or her merchandise because of any act or omission of Lessee and is not removed within a reasonable period;

D. Lessee shall voluntarily abandon, desert, vacate or discontinue her operations at said booth;

E. Lessee shall fail duly and punctually to pay the rentals or to make any other payment required under this Agreement when due to Lessor; or

F. Lessee shall fail to comply with any of its obligations under this Agreement.

5. Acceptance of Rentals

No acceptance by Lessor of rentals, fees, charges or other payments in whole or in part for any period or periods after a default of any of the terms, covenants and conditions to be performed, kept or observed by Lessee shall be deemed a waiver of any right on the part of Lessor to terminate this Agreement.

6. 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 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.

7. 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.

8. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

WITNESS our signatures as of the day and date first above stated.