FOOD TRUCK FRIGHT NIGHTS VENDOR CONTRACT
To be completed by Fundraising Coordinator:
Date of this contract: , 2013 Term: October 25th and/or 26th, 2013
Vendor will participate in:
Food Truck Food Court Event: Friday, October 25, 2013 7 p.m. to 10 p.m.
Food Truck Food Court Event: Saturday, October 26, 2013 7 p.m. to 10 p.m.
To be completed by Vendor:
Vendor’s full legal name:
Vendor is (check one only) an individual a _____________________ organized under the laws of Texas.
Fundraiser Benefits: Friends of Xavier Scholarship Fund
Xavier Educational Academy
3642 University Blvd., Suite 101
Houston, TX 77005
Fundraiser Location: 6203 Edloe St., Houston TX 77005
“You” means the Vendor. “We”, “us” and “our” mean Fundraising Coordinator, Friends of Xavier, Xavier Educational Academy and their agents. You and we agree that:
1. We will be present at the Food Truck Fright Night event for all approved dates. We will provide you with a space from which to sell your goods from your food truck. You will get all required permits and licenses, including but not limited to, a mobile food license.
2. You will:
(a) Provide all food merchandise and sales staff.
(b) Follow our rules and instructions, including but not limited to the attached Terms and Conditions.
(c) Help us promote our event by advertising your location through your social media sources.
(d) Be open for business from 7 p.m. to 10 p.m. for each Food Truck Fright Night assigned, if approved.
Work from the space we assign to you and be ready for business by 7 p.m.
Record and submit sales information to Fundraising Coordinator (reported sales are strictly confidential).
Donate ___% of all sales to Friends of Xavier before leaving each evening.
(h) Obey all laws.
3. You will return your assigned space in the same condition as when you arrived. Any damage to the space, including but not limited to staining from the operation of the food cart or truck, will be fully remedied at your expense.
4. You will sell the approved non-beverage merchandise listed on the attached Proposed Inventory Form. You will not sell or display any other kinds of merchandise. We can remove any merchandise that we have not approved. We will not be responsible for safeguarding any removed merchandise.
5. Please notify the Fundraising Coordinator immediately if you will require an outlet for the operation of your food truck. If an outlet is available, a fee will need to be provided to the owner of the property and negotiated with that owner.
6. We do not control who enters the food truck area. Any security we provide is for our sole benefit. You take all risk of loss or damage to your merchandise or other property, no matter how it is caused. You must obtain any insurance you want for your merchandise and other property. If your property is lost, stolen or damaged, you will not look to the organizers for payment. Organizers mean us, our employees and agents, Friends of Xavier, Xavier Educational Academy, the City of West University, Rabon Reid Properties, any organization working with us, and any of their employees or agents.
7. You agree to take part in the Food Truck Fright Nights events during the term. The fee is a ___% donation of total sales payable the evening of the event. Considerable advertising will be provided for this event at the expense of the organizer. If you cancel after said advertising has been provided, you are liable to the Friends of Xavier for a $200 cancellation fee.
8. Any changes to this contract must be in writing and signed.
Proposed Inventory: Please list your anticipated product line.
Terms and Conditions, Page 1 Vendor Initials: _____
Food Truck Fright Nights
Food Truck Fright Nights has designated Dena Robinson as the Fundraising Coordinator. Please direct all questions, concerns or comments regarding food trucks to email@example.com
For urgent matters, please contact Dena directly at 713-503-6463 (cell).
Hours of Operation
Food Truck Fright Nights will host two (2) Food Truck Fright Nights; Friday, October 25th and Saturday, October 26th. Each event will be open from 7 p.m. until 10 p.m. It is mandatory that vendors are fully operational during these hours for all dates approved.
Food Truck Fright Nights events will operate rain or shine. In the event that the events are cancelled, events may or may not be rescheduled for a later date. Rescheduled events will not be subject to the cancellation fee.
Vendors participating in the Food Truck Fright Nights must have their donation paid in full before leaving the event.
Food Truck Fright Nights fee is a percentage donation of total sales.
All checks and money orders should be made payable to:
Friends of Xavier
Electricity will not be provided but may be available from the owner of the property.
If an outlet is available, a fee will need to be provided to the owner of the property and negotiated with that owner.
Fundraising Coordinator reserves the right to approve and deny merchandise/produce/goods that have not been approved through the application. Owner, manager, its agents, or its staff will not be responsible for safeguarding merchandise.
Operations and Damages
You are fully responsible for ensuring that your assigned space is left in the same condition at the end of the event as when you arrived. Any damage to Rabon Reid Properties, including but not limited to staining from the operation of the food truck, will be fully remedied at your expense.
Prepared food vendors must provide Owner with a copy of their mobile food license. Vendors are expected to follow all rules and regulations as set-forth by the City of Houston and Harris County Health Department. All vendors must comply with all City and County Health Inspectors and their agents.
Vendors are encouraged to hold individual promotions as desired, which may include cross-promotion with other vendors.
Owner does not control who enters the area. You assume all risk of loss or damage to merchandise or other property, regardless of cause. You may obtain insurance to insure merchandise and other property. The organizers and property owners are not responsible for property that is lost, stolen or damaged. The organizers and property owners are defined as Friends of Xavier, Xavier Educational Academy, the City of West University, Rabon Reid Properties, any organization working with us, and any of their employees or agents.
Terms and Conditions, Page 2 Vendor Initials: _____
By signing the Food Truck Vendor Contract and by participating in events at Food Truck Fright Nights, you agree to the following statement:
I hereby give my consent to all photographs, audio recordings, academic work and/or video recordings taken of me or my staff. I understand that any such photographs, audio recordings, academic work, and/or video recordings become the property of Owner and may be used by Owner, or others with their consent, for educational, instructional or promotional purposes determined by Owner in broadcast and media formats now existing or created in the future.
Trash receptacles are placed throughout the area for customer use. Staff is unable to provide individual trash receptacles for individual vendors. Vendors are expected to take their business’ trash with them at the end of each event and not use communal trash receptacles. Failure to remove your business’ trash can result in termination of this agreement and exclusion from participation in future events and a fine of $50.
You agree to indemnify, defend, and forever save and hold harmless Friends of Xavier, Xavier Educational Academy, the City of West University, Rabon Reid Properties, any organization working with us, and any of their employees or agents, its affiliates or related entities, and their respective principals, shareholders, members, partners, officers, directors, employees, representatives, tenants, agents, contractors and volunteers, from and against any and all damages, claims, losses, demands, costs, expenses (including attorney’s fees and costs), obligations, liens, liabilities, actions and causes of action, threatened or actual, which any one of the Indemnities may suffer or incur arising from your acts or the breach of any agreement, obligation, warranty or representation made herein, or for claims not closely related to our duties under this Agreement, except to the extent such claims arise from our negligence or willful misconduct. The foregoing indemnification shall survive any termination or the expiration of the term of this Agreement. Your indemnification does not extend to damages, claims, or losses occasioned by the acts of subcontractors of either your or our agents.