Terms and Conditions 2019

1. Christkindlmarkt SLC will provide a wooden booth with limited electrical access to Vendor for each day that the Market is conducted. Christkindlmarkt provides one electrical light in each booth. Any additional lighting must be LED. Vendors are required to provide display tables / shelves/ chair etc. Vendor may bring a portable PROPANE heater. No electrical heaters. While the booth or any other equipment is in Vendor’s possession, control or occupancy, Vendor shall care for and maintain the booth and any other equipment in good condition, reasonable wear and tear excepted; and, Vendor is responsible to pay for any damage to the booth or any other equipment or to replace the same in the event that such damage may not be reasonably repaired. Any signage, lights, advertisement, decorations of the booth to which Vendor is assigned, or other effects employed by Vendor shall be in keeping with the theme and aesthetics of the Market. Christkindlmarkt SLC reserves the right to disallow Vendor’s use of any signage, lights, advertisements, decorations or other effects.

2. Vendors are responsible for collection of all money and other proceeds generated through sales or orders for merchandise to be obtained through Vendor during the Market. If Vendor accepts payments via credit/card, Vendor is responsible to provide its own credit card machines or other equipment necessary to process the same. WIFI is spotty at This is the Place Park. Vendors should be prepared with their personal hot spot for WIFI usage. (If you have an I Phone, it will act as a personal hot spot.)

3. Vendors are required to tally daily sales and other orders taken and to report the same to Christkindlmarkt SLC at the conclusion of each night of the Market. In consideration for rental of the booth and the right to participate in the Market, Vendor agrees to pay Christkindlmarkt SLC an amount equal to ten-percent (10%) of Vendor’s gross sales minus taxes during the Market, food vendors fifteen (15%) of gross sales minus taxes which shall be due and payable to Christkindlmarkt SLC by 10 p.m. on Saturday, December 7, 2019. In addition, Vendor agrees to report any order for product or merchandise placed during the Market to Christkindlmarkt SLC at the end of each day and will pay Christkindlmarkt SLC an amount equal to ten-percent (10%) of such orders (excluding sales tax) as payment for the orders is received. Christkindlmarkt SLC reserves the right to audit Vendor’s books and records, including, but not limited to, any bank accounts and/or credit card merchant accounts with respect to sales or orders received during the Market.

4. Vendor must be set up and ready to operate by 10:30 a.m. each day of the market. Vendors are required to remain in booth from 11 a.m. – 8 p.m. Vendors who sell out their products are required to remain in booths for the duration of the Market and make their “best efforts” to receive orders for additional products. Vendors must remove all products after the close of the Market on December 7th. The buildings will be removed and stored on December 8th. Vendor agrees to abide by all rules and regulations of the venue of the Market, including, but not limited to, those rules and regulations of This is the Place Heritage Park. Vendor agrees that neither it nor its employees shall smoke or use alcohol or other controlled substances on the premises of the Market or This is the Place Heritage Park, nor will Vendor play any music or other sound effects in its booth without the prior written approval of Christkindlmarkt SLC. If Vendor violates the provisions of this Agreement or the rules of This is the Place Heritage Park, Christkindlmarkt SLC reserves the right to demand that Vendor leave the Market and any fees paid be Vendor in connection with the Market shall not be refunded.

5. Vendors are to comply with the Utah State and federal tax requirements, including, but not limited to, all sales tax laws, income tax laws, and state and federal withholding and unemployment tax requirements pertaining to any employees. Vendor is solely responsible to collect, report and pay any and all taxes, including, but not limited to, Utah State sales tax; and, Vendor shall indemnify, defend and hold harmless Christkindlmarkt SLC from any claims or liability therefore.

6. Vendors providing and/or serving food products must comply with all regulations specified by the Salt Lake Valley Health Department, including, but not limited to, food handlers permits, if necessary. Please see website: wwwslvhealth.org

7. Holding and conducting the Market is not dependent upon weather. Fees paid by Vendor will not be refunded in the event of snow, wind, cold, or other inclement weather.

8. The relationship between Christkindlmarkt SLC and Vendor shall at all times be that of an independent contractor and nothing herein shall be construed to be inconsistent with such status. No term or provision of this Agreement, nor any act or omission of either party shall be construed for any purpose to express or imply any joint venture, partnership, principal/agent, master/servant, employer/employee or other relationship between Christkindlmarkt SLC and Vendor, other than that of an independent contractor relationship. No employees or other agents of Vendor shall be construed under any circumstance to be employees, servants, or agents of Christkindlmarkt SLC or This is the Place Heritage Park Foundation (“TPHPF”). Neither Vendor or any of its employees or other agents shall have authority to act on behalf of Christkindlmarkt SLC or TPHPF or to bind either of them contractually or otherwise. Vendor may not use any trade name, service mark, logo or derivative thereof of Christkindlmarkt SLC or TPHPF without express written consent to do so. Vendor shall bear all costs of and shall provide all labor, wages, payroll, and and taxes or insurance associated therewith, including, but not limited to, workers’ compensation insurance for Vendor’s employees, associated with Vendor’s participation in the Market.

9. Neither Christkindlmarkt SLC or TPHPF will be responsible for any items, equipment, inventory, merchandise or other personal property of Vendor that may be lost, stolen, or otherwise damaged or destroyed during the Market and neither Christkindlmarkt SLC or TPHPF are responsible for providing security for the same or for the Market.

10. Christkindlmarkt SLC reserves the right to dismiss a vendor during the market.

11. Liquid waste including oils and grease need to be hauled off the premises.

12. All vendors must use LED lights when decorating the interior and exterior booth.

13. The Vendor has carefully read the above Terms and Conditions and agrees to abide by them and that same shall be legally binding upon Vendor.