Food 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, food vendors can lease space and be responsible for serving and selling food 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 and/or sell food to guests at the Event.
2. Vendor shall submit an application to participate in the Event. All applications must be accompanied with a copy of a certificate of 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 general liability insurance applicable for this Event. Vendor shall add Limerick Township as an additional insured. 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. Spring-Ford Rotary will determine which applications are accepted at their sole discretion.
4. 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.
5. 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.
6. 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.
7. 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 food, 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.
8. Indemnification and Hold Harmless. Vendor shall indemnify, defend, and hold Spring-Ford Rotary Club and Limerick Township harmless for all liability for any claims, suits, and demands brought against Spring-Ford Rotary Club and/or Limerick Township, their members, board, officers, representatives, assigns, agents, employees, where such claims arise out of or relate to:
(1) injuries suffered by any employee, agent, servant, or representative of Vendor while such person is at the Event, regardless of whether such person is, at the time of his/her injury, engaged in work, personal, or recreational activities; or,
(2) injuries suffered by any person alleging that his/her injuries were caused, in whole or in part, by the acts, omissions or commissions of Vendor, jointly and/or severally, or any employee, agent, servant, or representative of Vendor.
Vendor also agrees to indemnify and save harmless Limerick Township and the Spring-Ford Rotary Club, and their officers, members, directors, board, representatives, from and against all claims, accidents, incidents, occurrences, injuries, damages, losses, costs, expenses, including reasonable attorney fees, of whatever nature arising from, or claimed to have arisen from, any action, commission, omission of the Vendor, or arising from any accident, injury or damage whatsoever caused to any person or property arising out of the Vendor's acts related to, and during, the Event. 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. Vendor shall add Limerick Township as an additional insured. In event of any conflict between the language of the insurance policy(s) and the above recited indemnity agreement, the indemnity agreement shall govern.
9. 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.
10. 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 food. 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.