Brooklyn Book Festival Exhibitor Agreement
2022 Brooklyn Book Festival Exhibitor Agreement
This 2022 Brooklyn Book Festival Exhibitor Agreement (“Agreement”) sets forth the mutual understandings and commitments between Brooklyn Book Festival, Inc., a New York not-for-profit corporation (“BKBF”), and the Exhibitor (collectively on behalf of the Exhibitor and up to two additional co-exhibitors who may be sharing Exhibitor’s table / booth at the Festival), whose legal name and address appear on the 2022 Brooklyn Book Festival Exhibitor Registration Form, regarding the Exhibitor’s participation in the Brooklyn Book Festival (“Festival”) to be held on Sunday, October 2, 2022 ("Main Festival") and/or Saturday, October 1, 2022 ("Children's Day").
Restrictions on Exhibitors: Exhibitor’s participation in the Festival (and that of any partnering co-Exhibitors) is subject to the following:
1) Applications to participate in the Festival are accepted upon the receipt of a complete 2022 Brooklyn Book Festival Exhibitor Registration Form and payment of all required fees for as long as Exhibitor space is available. BKBF reserves the right, in its sole and absolute discretion, to refuse or cancel participation in the Festival to any applicant or accepted applicant in its discretion for any reason or for no reason. If BKBF cancels without cause the participation in the Festival of any accepted applicant, the financial recovery from BKBF by such applicant shall be limited to refunded fees. If BKBF cancels with cause (as reasonably determined by BKBF) the participation in the Festival of any accepted applicant, such applicant shall be entitled to no financial recovery from BKBF.
2) The primary purpose of exhibitor participation in the Festival is to sell or distribute books, literary magazines, and other literary materials, and Exhibitors agree that the sale of merchandise that is not directly related to books and literary materials is prohibited without express written consent of BKBF. Exhibitor acknowledges that violation of this provision is grounds for immediate ejection from the Festival, in which event all application fees and other monies paid shall be forfeited.
3) No exhibitor may hold itself out in any way as an agent or representative of the Brooklyn Book Festival or as in any way involved in the official programming of the Festival.
4) Exhibitor may not (i) resell its booth or any part of it, or (ii) charge authors to have books sold at the Festival, or (iii) charge authors to be represented at and/or participate at the Festival.
5) Exhibitor agrees that it will maintain its booth open to the public between 10:00 a.m. and 6:00 p.m. on Sunday, October 3, 2022, or between 10:00 a.m. and 4:00 p.m. on Saturday, October 2 (if participating in Children’s Day) and will neither open its booth late nor close it early on those days.
Limitations of Liability:
1) Each Exhibitor shall jointly and severally indemnify, defend, and hold harmless each of (i) BKBF, (ii) the City of New York and its various agencies (including, without limitation, the New York City Department of Parks and Recreation and the Office of the Borough President of Brooklyn), (iii) Festival sponsors, and (iv) the employees, representatives, agents, officers, and directors of each party listed in foregoing provisos (i) through (iii), from all claims, liabilities, costs, and charges (including reasonable attorneys’ fees) for injury, loss, or damage to property or persons (including death) arising directly or indirectly out of Exhibitor’s activities in connection with the Festival, or any breach of representation, warranty, or covenant in this Agreement.
2) To the maximum extent permitted by law, none of (i) BKBF, (ii) the City of New York and its various agencies (including, without limitation, the New York City Department of Parks and Recreation and the Office of the Borough President of Brooklyn), (iii) Festival sponsors, and (iv) the employees, representatives, agents, officers, and directors of each party listed in foregoing provisos (i) through (iii) shall be liable for any claims, liabilities, costs, and charges arising directly or indirectly out of any injury, loss, or damage to the person or property of the Exhibitor, its partners, employees, representatives, invitees, and/or agents.
3) Exhibitor shall provide and maintain in effect workers compensation and employee liability insurance to the extent required by applicable law. Upon request by BKBF, Exhibitor shall provide BKBF with written evidence of Exhibitor’s compliance with all applicable workers compensation and employee liability requirements.
4) Exhibitor acknowledges and agrees that it is solely liable for all sales and use tax or other taxes, fees and assessments required by applicable federal, state, or local law in connection with Exhibitor’s participation in the Festival. Upon request by BKBF, Exhibitor shall provide BKBF with written evidence Exhibitor’s compliance with all applicable tax laws and rules.
Cancellation: If the Brooklyn Book Festival needs to cancel due to ANY unforeseen circumstance - including government shutdowns - vendor fees already paid will be rolled over for next year's festival, unless a request for refund is made within 21 business days of the cancellation notice.
Applicable Law: This Agreement shall be governed by the laws of the State of New York and all disputes shall be resolved in Federal or State Court located in Kings County, New York.
Successors and Assigns: The Exhibitor shall not assign this Agreement without the prior written consent of BKBF. The Exhibitor, its co-exhibitors, and its successors and assigns shall be bound by this Agreement.
No modification: This Agreement cannot be modified or canceled verbally. This Agreement shall only be modified by written agreement of BKBF.
Incorporation of Terms: Exhibitor acknowledges and agrees that the terms set forth in this Agreement are hereby incorporated into the Exhibitor Registration Form and the Exhibitor shall be legally bound by the terms of this Agreement.
Presented by Brooklyn Book Festival, Inc. and Brooklyn Book Festival Literary Council
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