THIS EXHIBITOR AGREEMENT (“Agreement”) is entered into by and between Kol Tikvah and the above named Exhibitor (“Exhibitor”). Kol Tikvah and Exhibitor shall hereinafter be collectively referred to as the “Parties.”
RECITALS
A. Kol Tikvah will sponsor the Dreidelfest Chanukah Luncheon & Boutique, a luncheon and boutique exhibition (“Exhibition”) to be held at Kol Tikvah, 20400 Ventura Blvd. Woodland Hills, Ca 91364 on Sunday, November 21, 2021(“Day of Exhibition”).
B. Kol Tikvah desires to allocate Exhibition Space (defined below) to Exhibitor, and Exhibitor desires, to utilize Exhibition Space, for the purpose of selling retail merchandise during the Exhibition.
NOW THEREFORE, in consideration of the mutual rights and obligations set forth below, the sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
AGREEMENT
1. Exhibition Space Base Rent. Booth space at the Exhibition (“Exhibition Space”) and the listed equipment shall be available from Kol Tikvah at a base rental fee (“Base Rental Fee”) according to the option schedule and Exhibitor selection(s) set forth below. Exhibitor’s payment of the Base Rental Fee is non-refundable, and is due to be paid at the time this Agreement is completed by Exhibitor.
Exhibition Space Options (vendor may select up to 3 maximum):
A. Standard Single Display - One 6' table, 1 chair & signage. $75.00 for one space, $50 per each additional Space (maximum of 3 spaces)
B. Dreidelfest Boutique Sponsor booth- three 6' tables, 30 x10 sponsor tent, sponsor recognition in program materials and on marketing posters, banners, local ads and Kol Tikvah Website. $500 per sponsor booth
Electrical outlets are available on a limited basis in the event space; however each vendor is responsible to provide their own extension cord and tape to secure it.
Based upon the space option selected above by the Exhibitor, Kol Tikvah will designate which Exhibition Space shall be offered to Exhibitor. This designation cannot be changed without the prior written consent of Kol Tikvah which consent shall be at Kol Tikvah sole and absolute discretion. All Exhibitors will be required to display all products from within their Exhibition Space as assigned by Kol Tikvah. Exhibitors will be responsible for decorating and maintaining the interior of the assigned Exhibition Space in a manner acceptable to Kol Tikvah, in its reasonable discretion. Exhibitor agrees
to display merchandise exclusively within the designated Exhibition Space only; merchandise cannot extend into walkways or outside of the booth. Kol Tikvah reserves the right, in its sole discretion, to remove any merchandise or display which is deemed to pose a hazard or otherwise objectionable in
any way.
2. Percentage of Revenue. In addition to the fees set forth in Section 1 above, Exhibitor shall pay Kol Tikvah an amount equal to twenty percent (20%) of Gross Revenue (as defined below) made at the Exhibition (“Percentage of Revenue”).
”Gross Revenue” shall mean all revenue made during the Exhibition calculated by Kol Tikvah based on cash register totals, including orders for merchandise to be delivered at a future date, minus sales tax and shipping charges, if any. Any refunds or cancellations for which Exhibitor submits written
evidence prior to the close of the Exhibition shall be deducted from Gross Revenue for purposes of determining the Percentage of Revenue. For purposes of computing the Percentage of Revenue, use of a Kol Tikvah issued and numbered triplicate receipt book is required to record all revenue made
during the Exhibition. Exhibitors are not permitted to use their own receipt books. Kol Tikvah will monitor the use of receipt books during the Exhibition. In the event Kol Tikvah determines that Exhibitor has failed to record in the designated receipt book(s) all revenue made during the Exhibition, the parties agree that Kol Tikvah will have sustained damage. However, in such event it
would be extremely difficult or impractical to ascertain the precise amount of damages sustained by Kol Tikvah, and the parties hereto agree that a reasonable estimate of such damage is $500.00
3. Central Cashier. All money and checks shall be collected by the Kol Tikvah central cashier.
Exhibitor shall follow the Procedure for Each Sale as defined in Section 4 below and return all unused and voided receipts to Kol Tikvah at the close of the Exhibition.
Exhibitor will receive payment from Kol Tikvah for all revenue and 100% of all state sales tax and shipping charges collected, less the Percentage of Revenue. Kol Tikvah will remit payment to Exhibitor on a commercially reasonable basis, but not later than 45 days following the Exhibition.
Exhibitor is solely and directly responsible for reporting and remitting on a timely basis all federal, state, local or other taxes and all other expenses, costs or fees associated with participation in and revenue from Exhibition.
4. Procedure for Each Sale. Exhibitor understands and agrees to abide by the following procedures and accountings with respect to all revenue made at the Exhibition as set forth below:
A. Exhibitor is responsible for recording all of the following information on each and every receipt:
Exhibitor name, customer name, customer telephone number, brief description of merchandise, dollar amount of sale(s), applicable shipping charge (if any), sales tax (if applicable), and receipt total.
B. Exhibitor will give two (2) copies of each receipt to the customer and retain one (1) copy.
C. After customer has paid for merchandise at the Kol Tikvah central cashier, customer will return to Exhibitor with one receipt marked “PAID.” Exhibitor shall give customer their purchased items after receipt of the “PAID” receipt and exchange the “PAID” receipt for the original receipt retained by Exhibitor.
D. Under no circumstances shall Exhibitor release merchandise without receiving a “PAID” receipt from the customer, and any violation thereof shall be subject to Section 2.
E. Exhibitor shall be solely responsible for delivery to the Customer of all items ordered and paid for at Exhibition.
F. Kol Tikvah suggests Exhibitor retain all receipts marked “PAID” until payment from Kol Tikvah is received to assist in payment discrepancies, if any.
5. Set-up Times. Exhibitor agrees to be at the Exhibition Space to begin set up at their designated shift on Day of Exhibition. Exhibitor understands that set up may start as early as 8:00 a.m. on Day of Exhibition and agrees that it will complete its booth set up no later than 10:00 a.m. on Day of Exhibition.
6. Break-Down Times. Unsold merchandise may not be removed from display or packed up before 3:00 p.m. on Day of Exhibition. All merchandise must be removed from Kol Tikvah before 6:00 p.m. on Day of Exhibition. Exhibitor shall bear all expenses and risks in connection with transportation,
packing and unpacking of the merchandise and removal of merchandise. If merchandise is not removed by 6:00 p.m on Day of Exhibition, Exhibitor hereby consents to Kol Tikvah removing and disposing of the remaining merchandise.
7. Shopping Hours and Sales Staff. Exhibitor understands and agrees that the Exhibition Space shall be open for business and staffed by at least one (1) qualified sales person at all times during the following shopping hours on Day of Exhibition: from 10:00 am to 4:00 pm.
In addition, a sales person or supervisor should plan to be working 15 minutes prior to start of the Exhibition and also ½ hour after the end of the shopping day for close out.
8. Supplies. Exhibitor shall provide its own materials needed to display merchandise, record sales and package items sold, including but not limited to, bags/wrapping/packing materials for purchases, calculators, staplers, pens, extension cords, easels and lamps. Kol Tikvah shall provide electrical
outlets and power as available at the Exhibition and in its sole discretion. Kol Tikvah shall not provide extension cords.
9. Independent Vendor. Exhibitor is a vendor which is not associated in any way with Kol Tikvah, and shall not, by entering into this Agreement, be considered an employee, agent, or representative of Kol Tikvah.
10. Liquidated Damages. Should the Exhibitor fail to attend or make its product(s) available for sale during the duration of the Exhibition, the parties agree that Kol Tikvah will sustain damage.
However, in such event, it would be extremely difficult or impractical to ascertain the precise amount of damages sustained by Kol Tikvah, and the parties hereto agree that a reasonable estimate of such damages is $500.00. Thus, Exhibitor shall pay this sum to Kol Tikvah in the event that Exhibitor fails
to attend or make its product(s) available for sale during the duration of the Exhibition.
11. Liability and Indemnification. Exhibitor acknowledges that the Agreement is for the rental of Exhibition Space only, and that Kol Tikvah is not responsible for, and Exhibitor hereby waives all claims against Kol Tikvah for any personal injury; property damage; theft or loss of any money or sales; theft, loss or damage of any merchandise, props, personal property or any other article of value belonging to Exhibitor, its agents, contractors, employees or guests arising from any cause, including acts of God or damage caused by inclement weather. Exhibitor represents and warrants that all brand named products offered for sale in the Exhibition are authentic, and Kol Tikvah shall not be responsible or liable for the authenticity of any products. Exhibitor represents and warrants at its sole cost and expense to indemnify, defend and hold harmless Kol Tikvah, its employees, volunteers and board members from and against any and all claims for damages arising out of this Agreement or in any way related to any action or omission of Exhibitor, its agents, contractors, employees, or guests which may occur during or in connection with the Exhibition.
12.Sales Tax. Exhibitor is solely responsible for determining the applicable rate of sales tax on all sales made during the Exhibition, calculating and remitting the same to state and local governmental authorities.
13. Effective Date of Agreement. This Agreement will not be effective until a signed copy of this Agreement, together with payment for the total amount set forth below, is received and accepted by Kol Tikvah.
KOL TIKVAH ANTICIPATES A WAITING LIST FOR THIS EVENT, THIS FULLY COMPLETED AGREEMENT MUST BE RECEIVED WITH FULL PAYMENT OF THE NON-REFUNDABLE BASE RENTAL FEE AND CREDIT CARD INFORMATION BY KOL TIKVAH NO LATER THAN NOVEMBER 1, 2021. FAILURE TO PROVIDE ALL REQUIRED INFORMATION BY NOVEMBER 1, 2021, OR
FAILURE TO PAY THE BASE RENTAL FEE, SHALL BE DEEMED TO BE AN UNTIMELY AND DEFICIENT SUBMISSION, AND GROUNDS FOR TERMINATION OF THIS AGREEMENT AND WILL EXCUSE KOL TIKVAH FROM ANY OBLIGATION TO PERFORM ANY TERM.
This Agreement constitutes a single, integrated written contract, expressing the entire agreement of the parties concerning the subject matter hereof. No covenants, agreements, representations or warranties of any kind have been made by any party to this Agreement except as specifically set forth in this Agreement. All prior Agreements, discussions, and negotiations are entirely superseded by this Agreement. Any modifications of this Agreement must be in writing and signed by both parties.
The Exhibitor affirms and acknowledges their agreement to the terms and conditions stated above and have duly executed and delivered this Agreement as of the date this document is submitted.
