-PLEASE READ ENTIRE AGREEMENT-

COMMERCIAL BOOTHS WILL BE SELECTED BASED ON THE FOLLOWING PARAMETERS:

• PAYMENT IN FULL IS DUE UPON RESERVATION
• PICTURE(S) OF BOOTH SET-UP IS REQUIRED FOR FIRST TIME JOSEPHINE COUNTY FAIR VENDORS
• RECEIPT OF CERTIFICATE OF INSURANCE NO LATER THAN JULY 1, 2024

NOTE: A RETURNING COMMERCIAL EXHIBITOR IN GOOD STANDING WILL BE GIVEN PREFERENCE.

SET-UP OF COMMERCIAL BOOTHS WILL BE MONDAY, AUGUST 5 & TUESDAY, AUGUST 6, 2024

BETWEEN THE HOURS OF 8:00 AM – 7:00 PM

Electricity is limited.

Commercial Exhibitor Parking Passes:

A 10 X 10 booth space will receive (2) PARKING PASSES.
A 10 X 20 booth space will receive (4) PARKING PASSES.
LIMITED ADDITIONAL COMMERCIAL EXHIBITOR PARKING PASSES are available for purchase.

1. TERM OF AGREEMENT: This Agreement shall commence upon the last date signed below and shall continue until 8:00 p.m. on August 11, 2024.

2. COMMERCIAL BOOTH OPERATING HOURS:

2.1 Commercial Exhibit Booths will be staffed and open to the Public during the following times Wednesday through Sunday:

• Start time TBD on Wednesday through Sunday

2.2 There will be no early tear down permitted. Booth tear down is permitted only after the Fair closes on Sunday evening, however, no vehicles will be allowed on the Fairgrounds until after Security has opened the main gates. Commercial Exhibitors may also tear down beginning at 8:00 AM on Monday morning.

3. OBLIGATIONS OF COUNTY:

3.1 County will provide Commercial Exhibit Booth space and electricity as indicated above (subject to availability).

3.2 County will have Security Personnel on grounds beginning Monday evening August 5, 2024 through 8:00 AM Monday morning August 12, 2024.

3.3 County is sensitive to the concerns of Commercial Exhibitors regarding product competition; however, County does not offer exclusivity.

3.4 County reserves the right to inspect Commercial Exhibitor’s booth at any time for compliance on use of booth space as set forth in this Agreement. County reserves all rights to immediately shut down the booth, terminate the Agreement and withhold all fees upon breach of this

Agreement including, but not limited to violation of local, state or federal laws.

3.5 County cannot guarantee that aisles, pathways or sidewalks near Commercial Exhibitor’s booth will be kept free from obstructions due to persons crowding, standing or sitting.

4. OBLIGATIONS OF COMMERCIAL EXHIBITOR:

4.1 Set-up Commercial Exhibit Booth on Monday, August 5, 2024 or Tuesday, August 6, 2024 between the hours of 8:00 AM. and 7:00 PM.

4.2 All demonstrations, presentations or giving of free products/samples by Commercial Exhibitors shall be confined to Commercial Exhibitor’s assigned space and may not extend to any other part of the Fairgrounds.

4.3 No solicitous behavior such as stepping out of booth and approaching customers is allowed.

4.4 No water or other beverage may be sold out of a Commercial Exhibit booth.

4.5 Commercial Exhibitor understands and agrees that alcohol is not to be sold or consumed in the Commercial Exhibit booth and that marijuana and all controlled substances are prohibited anywhere on County property.

4.6 Commercial Exhibitor shall operate the booth in a safe manner, so as not to endanger the health, safety or welfare of any person and in conformance with general accepted practices at Fair events.

4.7 Commercial Exhibitor shall comply with all Fire Marshal, County, State and Federal laws.

4.8 Commercial Exhibit booths demonstrating food items shall comply with all Public Health rules, regulations and licensing.

4.9 Smoking is allowed only in designated areas.

4.10 Helium balloons are allowed for booth decoration purposes only.

4.11 No dogs allowed in booths or on Fairgrounds’ property except service dogs and/or dogs that are part of an event during the Fair.

4.12 Commercial Exhibitors may not use motorcycles, all-terrain vehicles (ATV), skateboards, bikes, or personal golf carts on Fairgrounds’ property. Electric scooters and wheelchairs for the handicapped are permitted.

5. INSURANCE:

5.1 Commercial Exhibitor shall maintain Workers' Compensation Insurance as required by Oregon Law and General Liability Insurance with minimum limits of liability, per occurrence, of $1,000,000 for bodily injury and $1,000,000 for property damage.Liability coverage shall be provided on an "occurrence" basis if it is available.

5.2 "Claims made" coverage will not be acceptable unless Exhibitor cannot obtain occurrence coverage. The County reserves the right to determine whether occurrence coverage is available.

5.3 All insurance policies must name Josephine County as an additionally named insured and must be through an insurance company licensed in the State of Oregon.

5.4 The insurance policy must state that “Josephine County” shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments, Districts and Offices of Josephine County and the individual Members, Employees and Agents thereof in their official capacities. All insurance policies shall be evidenced by Certificates of Insurance, which shall be delivered to County at the Josephine County Fairgrounds and Event Center Office on or before June 30, 2024.

6. INDEMNIFICATION:

6.1 Commercial Exhibitor shall defend, indemnify and hold harmless County, its Officers, Agents and Employees, from any and all claims, liabilities, demands, damages, actions or proceedings arising from or relating to the negligence, wrongful acts, or omissions in connection with the operation of a Commercial Exhibitor booth under this Agreement.

6.2 Commercial Exhibitor shall assume all risk for loss or damage for whatever reason to equipment and/or personal property. Commercial Exhibitor shall assume all risk for loss or damage for whatever reason for any injury to any persons arising out of the use or operation of the Commercial Exhibitor’s activities under this Agreement.

6.3 Commercial Exhibitor hereby waives, releases and discharges Josephine County and the Josephine County Fair Board, their Officers, Agents and Employees from any and all claims, losses, suits, damages, liabilities and proceedings of any kind and whatsoever nature which may arise at any time for any damages or injuries to any persons or property arising or resulting from this Agreement.

6.4 County shall defend, indemnify, reimburse and hold harmless Commercial Exhibitor, Officers, Agents and Employees, from any and all claims, liabilities, demands, damages, actions or proceedings arising from or relating to the negligence, wrongful acts or omissions of County in connection with this Agreement.

6.5 Commercial Exhibitor shall not be deemed an Agent of County under the Oregon Tort Claims Act.

7. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon.

8. TERMINATION: Either party may terminate this Contract for any reason with 30 days written notice or immediately upon a major breach by the other party. A major breach includes but is not limited to: acts or omissions that jeopardize the health, safety or security of any person; malfeasance by either party's Officers, Agents or Employees; intentional refusal to comply with the provisions of this Agreement; or a pattern of repeated non-material breaches.

8.1 If the Office of the Governor of the State of Oregon places restrictions on the numbers of the Public allowed to gather at Fairs and Festivals, then County will have the option to terminate this Agreement with written notice and all monies will be refunded.

9. FORCE MAJEURE: Neither County nor Commercial Exhibitor shall be held responsible for delay or default caused by fire, riot, civil disobedience, acts of God, or war where such cause was beyond the control of either party. Both parties shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Agreement.

10. NO THIRD-PARTY BENEFICIARY: County and Commercial Exhibitor are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives any benefit or right to any third persons unless such third persons are individually identified by name and are expressly described as intended beneficiaries of the terms of this Agreement.

11.AMENDMENT OF AGREEMENT: This Agreement may be amended or modified only when reduced to writing and signed by both parties.

12. ENTIRE CONTRACT: This Agreement including Addendum A constitutes the entire agreement between the parties. There are no promises, agreements, conditions or understandings, either oral or written, between the parties other than those set forth in this Agreement. This Agreement supersedes and cancels any prior written or verbal agreement between the parties for similar services.

By submitting, the Commercial Exhibitor agrees that the information provided on this Commercial Exhibitor Agreement is accurate. Commercial Exhibitor certifies to have read and agrees to abide by all rules and regulations, including Addendum A, which govern Commercial Exhibits at the Josephine County Fair.

ADDENDUM A

1. Selection: The Commercial Exhibitor acknowledges and agrees that approval of Commercial Exhibitor booths is at the discretion of County.

2. Payment and Refund Policy: Cancellation of Agreement prior to July 1, 2024 shall entitle Commercial Exhibitor to 100% refund of booth reservation fee paid.

3. Commercial Exhibitor Booth Clean-Up/Removal:

3.1 Commercial Exhibitors using food for demonstrations must provide waterproof, covered containers to hold refuse thus preventing leakage onto floor. Commercial Exhibitors will be responsible for emptying this container daily or more frequently as required. If leakage occurs onto floor or into other booth(s), then Commercial Exhibitor may be subject to a $55.00 per hour cleaning fee with a minimum fee of $25.00 for each occurrence.

3.2 Any person(s) who willfully damage or destroy any property on the Fairgrounds or in any way interfere with the management of the Fair, shall be liable to prosecution and will be held responsible for the costs of repair or replacement.

4. Camping: Vendor camping is not available at the Fairgrounds. We recommend that Vendors make a reservation at Schroeder Park, which is very close to the Fairgrounds. You can reserve your space online at www.josephinecounty.gov/parks .

CALL OFFICE TO PAY BY PHONE: 541-476-3215 (Monday through Friday 9:00 AM – 5:00 PM)

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