Alcohol Vendor Application

Spring-Ford Rotary Club is hosting an annual Festival, Limerick Uncorked, which will be held on Saturday September 28, 2024 ("Event"). At the Event, vendors can lease space and be responsible for serving wine or beer to guests within Pennsylvania Law.
Upon acceptance, the vendor, including its owners, employees, officers, representatives, independent contractors and/or subcontractors and agents (hereinafter "Vendor") hereby agrees as follows:
1. Vendor desires to lease space and serve wine and/or beer to guests at the Event.
2. Vendor shall submit an application to participate in the Event. All applications must be accompanied by a copy of a certificate of liquor liability insurance and general liability insurance which covers the Event, and covers Vendor's off-site activities valid for the date of the Event. The Vendor agrees to maintain in full force a policy of both comprehensive general liability insurance and liquor liability insurance applicable for this Event. Proof of insurance coverage shall be submitted to: Spring-Ford Rotary Club, Attention: Dan White, 168 W Ridge Pike, Suite 202, Limerick, PA 19468 prior to the event.
3. Vendor Proof of Pennsylvania Liquor Control Board Permit/Licensing for Event. Before the date of the Event, Vendor shall submit to Spring-Ford Rotary Club, Attention: Dan White, 168 W Ridge Pike, Suite 202, Limerick, PA 19468, proof of permit and/or license to participate, furnish, and sell alcohol from the Commonwealth of Pennsylvania Liquor Control Board under Pennsylvania Law at this Event. It is understood, and agreed, that Spring-Ford Rotary Club and Limerick Township will materially rely upon Vendor's representations as to said submission of permit/licensure for Event. Vendor must comply with Section 3 in order to Participate in the Event.
4. Spring-Ford Rotary will determine which applications are accepted at their sole discretion.
5. Spring-Ford Rotary's acceptance of Vendor's application binds Vendor to Payment. Full payment must be tendered with the application. If Vendor's application is not approved, payment will be voided and/or returned. Spots will be filled on a first-come, first-served basis.
6. Adverse weather and similar acts of God shall not be a basis for refund of fees paid. Vendor will retain sole responsibility for loss or damage of its own or rented property or property of its employees of whatever kind and nature, including but not limited to products including food, tools, equipment, forms, scaffolding, canvasses, tarpaulins, and temporary structures including contents.
(a) Covid-19 Pandemic Cancellation. If the Event is cancelled before September 16, 2024 for reasons related to the Covid-19 Pandemic, then the Vendor shall receive a refund of fees paid under this Agreement. If the Event is cancelled on or after September 16, 2024 for reasons related to the Covid-19 Pandemic, then there is no refund.
7. Vendor agrees to use reasonable and prudent care and caution in all activities pertaining to, and during, Event. This includes, but is not limited to, using reasonable care and caution pertinent to guests and invitees at the Event; by way of example, not limited to, Vendor shall: keep walkways clean; will not stack boxes to an unstable height; will remedy spills and trip hazards created which would present a danger to guests, invitees, or participants. In the event that any person is injured or appears injured as a result of any incident or occurrence at the Event, Vendor shall promptly notify Limerick Township Parks and Recreation Personnel on site and/or Limerick Police on site.
8. Spring-Ford Rotary may terminate this Agreement without refund, direct Vender to immediately discontinue all activities related to the display, marketing, sale, or sale of craft items, ban Vender from the Event, and have Vendor's property and materials removed at Vender's expense, if Spring-Ford Rotary determines that Vendor has failed to comply with rules and instructions pertaining to the Event, or that Vendor has or is about to engage in unlawful conduct.
9. Indemnification and Hold Harmless. (a)In exchange for the ability to render services at the Event, Vendor agrees to, and shall, indemnify, insure, defend, and hold Spring-Ford Rotary Club, and its officers, members, directors, board, and representatives, and Limerick Township, and its officers, members, directors, board, and representatives, harmless from and against any and all claims and any and all loss, cost, or damage relating to the possession, sale, service, control and transfer of liquor and all alcoholic beverages in, to and from the Event, including, without limitation, any such claims arising from any act, omission or negligence of Vendor or Vendor's contractors, licensees, agents, employees, volunteers or invitees, or from any accident, injury, or damage whatsoever caused to any person or to the property of any person or Limerick Township or Spring-Ford Rotary Club occurring from and after the date of the Event, if such claim arises or accident, injury or damages occurs from the possession, sale, service, control, or transfer of liquor or other alcoholic beverages at, to and from the Event, whether such transfer was known, unknown, or otherwise occurring on Limerick Township property related to or arising from the possession, sale, service, control, or transfer of liquor or other alcoholic beverages at, to or from the Event. Vendor further agrees to indemnify and hold harmless Spring-Ford Rotary Club and Limerick Township from and against any and all claims and any and all loss, injuries, and damages relating to any and all property damage or acts of negligence caused by or attributed to Vendor or Vendor's contractors, licensees, agents, employees, volunteers or invitees, jointly and/or severally. This indemnity and hold harmless agreement shall include indemnity against all liabilities incurred or made in connection with any such claim or proceeding brought thereon, and the defense thereof, and shall survive the termination of this Agreement. It is understood that without this indemnification of Spring-Ford Rotary Club and Limerick Township by Vendor, Spring-Ford Rotary Club and Limerick Township would not permit the sale, service or furnishing of alcoholic beverages by Vendor in or on Township property or during the Event, and Vendor covenants that Vendor's liability insurance referred to in this Agreement shall cover, indemnify and hold harmless Spring-Ford Rotary Club and Limerick Township from all such matters and items mentioned in this indemnity.
(b) Without limiting the generality of other provisions of this Agreement, for such period of time as Vendor or Vendor's contractors, licensees, agents, employees, volunteers or invitees are present on Township property related to the Event, and as to the Event, Vendor agrees to maintain with a responsible and qualified insurance company: 1) a comprehensive general liability insurance policy with a minimum limit of one million dollars ($1,000,000.00) for each occurrence of combined single limit bodily injury and property damage, and 2) an insurance policy/policies with a minimum limit of one million dollars ($1,000,000.00) that shall cover "liquor law" liability, "Dram Shop Act", or the broadest available so-called liquor law liability insurance (sometimes also known as "dram shop" insurance) coverage off-premises locations/services by Vendor.
The Vendor's General Liability and Liquor Liability policies shall include Spring-Ford Rotary Club and Limerick Township and their respective officers, members, directors, board, and representatives as additional insureds.
Prior to the commencement of the Event, a certificate of insurance shall be provided to Spring-Ford Rotary Club and the Township Manager showing current insurance in force; and all such policies shall not be cancelled or the coverage reduced prior to the date of the Event without prior written notice to Spring-Ford Rotary Club and the Township. Limerick Township and Spring-Ford Rotary Club shall be additional Insureds.
Vendor expressly understands and agrees that any insurance protection required herein, or otherwise provided by Vendor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend Spring-Ford Rotary Club and Limerick Township herein provided. In event of any conflict between the language of the insurance policy(s) and the above recited indemnity agreement, the indemnity agreement shall govern.
10. Vendor shall comply with the instructions, rules, and regulations provided by Spring-Ford Rotary Club and/or Limerick Township pertaining to Event. Failure to do so is grounds for immediate termination of participation, without refund.
11. Vendor is solely responsible for complying with all laws pertaining to the conduct of Vendor's business; including, but not limited to, Federal, State, and local tax laws, and state, county, and municipal laws, statutes, regulations, and ordinances pertaining to the marketing and sale of alcoholic beverages. Vendor, its contractors, licensees, agents, employees, volunteers or invitees covenant to: (a)Perform cash or credit sales of liquor and alcoholic beverages only to individuals over the legal drinking age, collected by the Vendor during the Event;
(b) Check identification cards or confirm individuals are over the legal drinking age prior to the sale of alcohol;
(c) refrain from serving alcohol to minors;
(d) refrain from serving individuals who appear to be visibly intoxicated;
(e) collect all remaining alcohol at the end of the Event.
This Agreement is to be governed by Pennsylvania Law, and any disputes arising out of or relating to this Agreement shall be litigated in the Court of Common Pleas of Montgomery, PA.