RENEGADE CRAFT PARTICIPATION AGREEMENT

THIS AGREEMENT, dated as of January 1, 2024, is between Renegade Craft Fair, Inc. (“RCF”) and the signatory at the end of this agreement (“Participant”). Participant will be applying to participate in the Renegade Craft Fair on the date(s) selected in the application (the “Event(s)”). This Agreement must be signed by Participant and submitted to RCF upon completion of the Application. These terms apply to each Event that Participant is selected for. Participant and its agents, employees, personnel, and/or independent contractors who participate in the Event agree to be bound to this Agreement. The terms of this Agreement, including any permissions, consents, and waivers, irrevocably inure to the benefit of RCF, its affiliates, its successors, and Event co-producers and sponsors.

1. Safety: The safety of all Event attendees is paramount. If accepted to participate in the Event, Participant (and its employees, representatives, and contractors) will act with the highest regard for the safety of the attendees and other participants of the Event. RCF cannot guarantee that its Event participants, volunteers, partners, or others in attendance will not become infected with COVID-19, its variants, or any other infectious disease. Your participation at the Event is voluntary, and you knowingly accept all risks, including health risks, related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of another party.

2. Applicable Laws and Regulations: Participant (and its employees, representatives, and contractors) will adhere to all laws, policies, rules, and regulations applicable to the goods, services, and other Event-related activities of Participant, including obtaining all licenses, permits, and approvals that maybe required to enable Participant to conduct its activities and/or sell goods at the Event and to fulfill its obligations under this Agreement. Renegade assumes no liability and offers no guidance on the local laws, policies, rules, and/or regulations regarding the goods and/or services Participant is offering at an Event. Participant will indemnify, defend, and hold Renegade harmless in connection with any breach of any law, policy, rule, and/or regulation applicable to the goods, services, and other Event-related activities of Participant (and its employees, representatives, and contractors).

3. Liability: RCF will not be responsible for any loss or damage to Participant’s property, injury to, or death of the Participant (or its employees, representatives, and contractors), or Participant sales. Participant expressly assumes all risks of loss, damage, liability, injury, or destruction resulting from any cause whatsoever, including but not limited to acts or omissions by Participant, and hereby releases and waives any claims against RCF (and its employees, representatives, and contractors) related to such loss, damage, liability, injury, and/or destruction.

4. Insurance: Participant represents that it has, or will have at the time of the Event, appropriate insurance to cover liability for the types of activities Participant will conduct at the Event. Participant covenants to be fully responsible for any of its liabilities, actions, or omissions, and will indemnify, defend, and hold RCF (and its employees, representatives, contractors, vendors, affiliates, and representatives) harmless against any claims related to Participant’s liabilities, actions, or omissions.

5. Payment: Please note we collect a $35 application fee per Event applied to upfront. Payment must be completed at the bottom of the application. For example, if you apply to two Events on one application, we will collect application fees of $70 ($35 x 2). Once your application fee(s) are submitted, your payment information will be stored on Authorize.net, our secure and PCI compliant payment system. If you are accepted to the Event(s) that you applied to, we will send an email notification to your provided email address and will charge the card on file for the booth fee(s) you selected according to our payment schedule prior to each Event. You will be charged individually for each Event.

6. Cancellations: The Event(s) will proceed regardless of the weather. If there is a cancellation: (a) Cancellation by RCF: If a cancellation of the Event by RCF is necessary due to unforeseen circumstances, acts of a third party, or other circumstances which, in RCF’s sole judgment, may compromise the safety of Event participants, then the Event will not be rescheduled and there will be no refunds to Participant. (b) Cancellation by Participant: (i) If Participant cancels its participation within the refund schedule prior to the Event, then RCF will not charge the booth fee for that Event. Please note the $35 application fee for each canceled Event will not be refunded. (ii) If Participant cancels its participation outside of the refund schedule prior to the Event, then RCF will not offer a refund. Once Participant cancels, it forfeits its spot in the Event.

7. Photography, Social Media, and Advertising: Participant acknowledges that RCF will be engaging photographers and/or videographers at the Event(s), and Participant (and its employees, representatives, and contractors) may appear in Event-related photographs and/or videos. If Participant (or its employees, representatives, and contractors) or Participant’s name, trademark, logo, products, and/or likeness appears in any Event-related photographs and/or videos, Participant hereby irrevocably grants RCF the right to post and distribute such Event-related photographs and/or videos, in any format or channel now known or yet to be developed, including but not limited to social media, in sync with or compiled with other images and or audio, in connection with RCF advertising, on RCF’s website, and in connection with other marketing material. Participant warrants and represents that RCF’s use of such images will not violate the rights of Participant or of any third party, including but not limited to copyright, trademark, the right of publicity, and the right of privacy. If Participant has provided RCF with Participant’s social media handle(s), RCF will make reasonable efforts to tag Participant in social media feeds and, where practicable, to otherwise credit Participant in any use of the Event-related photographs and/or videos in which Participant (and its employees, representatives, and contractors) appears.

8. No assignment or delegation: Participant may not assign this Agreement, or Participant’s space at an Event, to any third party, or delegate any of Participant’s obligations without the written consent of RCF. Only the accepted Participants are able to sell or distribute their items and/or conduct activities at the Event. The vendor list, map, and Booth assignments are subject to change without notice. RCF does not guarantee any level of attendance at the Event and there will be no refunds, under any circumstances, after the Event is over.

9. Change in terms: The terms of this Agreement may be changed by RCF and notice of such change(s) will be sent to you in writing. You agree to accept notices via email, sent to the email address of the signatory indicated in the application. RCF reserves the right to decline, prohibit, or expel any Participant or exhibit, or prevent any activity, displays, product, or conduct, which (in RCF’s sole judgment) is out of keeping with the character of the Event or endangers the venue, any attendee, other participants, orany other third party.

10. Independent Contractors: The relationship of Participant to RCF is that of an independent contractor, and nothing contained in this Agreement will be construed as creating a partnership, joint venture, employment relationship, agency, or other relationship between the parties, or to make RCF liable for the debts or obligations of Participant.

11. Food and Beverage Participants: All food truck participants will submit to RCF a gross sales report no later than two (2) hours after the Event concludes each day. Food truck participants agree to complete payment to RCF for any gross sales percentages due to RCF as outlined in their Event application no later than fourteen (14) days after the Event concludes. If RCF has not received payment from the food truck participant within fourteen (14) days, then RCF reserves the right to add a $100 late penalty to your invoice. If RCF has not received payment from the food truck participant within thirty (30) days, then a monthly finance charge of 1.333% per month, retroactive to the date of the Event, will be applied to your invoice, and the food truck participant will be responsible for all costs associated with the collection of any open balances, including court costs and attorneys’ fees. Food truck participant must have the capability to accept credit card transactions; dress in appropriate clothing for food service; must be entirely self sufficient to execute food service; must comply with all food safety standards set by local, state or national food service standards; and must obtain and remit payment for all permits/insurance needed to operate and shall display both its health department license/approval and business license at all times in its booth space.

12. Applicable Law: The validity, interpretation, construction, and enforcement of this Agreement will be governed and controlled by the laws of the State of Illinois, without regard to its rules with respect to choice of law. Any dispute arising out of or related to this Agreement must be brought in federal or state court in Cook County and the parties hereby consent to the exclusive jurisdiction and the venue of such forum. This Agreement, and any Event-specific rules and regulations provided to Participant by RCF or RCF’s affiliates, will contain the entire Agreement and understanding between the parties hereto with respect to participation in the Event(s). If any term is contrary to law then that term will be severed and the remainder of the Agreement will remain in force.