Vendors: Please complete the application at the end of this
document to request a space at the
Space Rental Rules and Regulations for the
January 2009
Abbreviations &
Definitions
1.1 Agreement: A valid
Berlin Fair Space Rental Contract between the Lessor
and Lessee.
1.2
Date of Issuance: The date of the Space Rental Contract which appears at the
top of the Contract.
1.3
Grounds: Any and all land and buildings located at the Berlin Fair Grounds, or
controlled by Lessor.
1.4
Lessee: The person(s) or company which hold a valid and signed Space Rental
Contract.
1.5
Lessor: The Berlin Fair Board and representative of
its management staff.
1.6
1.7
Premises or Booth: The space(s) leased by the Lessee on the grounds and
described in the Contract.
1.8
Term: The dates for which the Space Rental Contract is valid, as stated in the
Contract.
1.9
Core Area: Main streets and traffic-ways designated for foot traffic only from
Applications
2.1
Space Rental Applications for the Berlin Fair will be accepted by the Space
Rental Manager on an annual basis. Applications are not carried over from one
year to the next. All applications must contain a color photo of the proposed
operation (photo returned if requested).
2.2
Lessor will review Space Rental Applications and
shall be sole judge in determining what is in the best interest of the Berlin
Fair and the public. Some of the factors considered shall be the health and
safety of the public, extent to which proposed products or services duplicate
existing products or services, date the application is received, and quality
and professionalism of proposed product or service.
2.3
All outdoor exhibit space or lots will be charged $125 for a 10 x 10 space (100 sq. feet) and $1 per square foot for
additional space. Large space discounts may be available based on square foot
of requested space. All lots are subject to a location charge for high traffic
areas.
2.4
Interior exhibit areas consist of 10 foot by 10 foot booths. Each booth rents
for $100.00. Three booths will be reserved for public service organizations at
no cost. These will be available through a lottery of acceptable applications
received by April 1.
2.5
Accepted applications are offered a Space Rental Contract for the Berlin Fair
term as space is available. Applicants will be notified.
Booths & Buildings
3.1
All set up hours are the same: Sunday Noon-6pm; Monday,
3.2
All Commercial Exhibit buildings and outside exhibits must be open to the public
from 11:00am until 11:00pm each day of the term.
3.3
All buildings, booths or enclosures put up or constructed by Lessee under terms
of this Contract shall be approved by Lessor before
commencement of the term; construction materials shall be of Type I fire
resistive material.
3.4
Interior booth dimensions are approximately 10’ x 10’; Basic booth has 8’ high backwalls and 3’ sidewalls, both composed of drapery
material provided by Lessor No Lessee exhibit shall
extend higher than 8’ above floor including signage. Signs or advertising
suspended from ceiling will not be permitted in any building. So as not to
obstruct adjoining Lessee, no Lessee exhibit shall extend higher than 4’ above
floor in the front 5’ of booth, unless permission is granted from Lessor 30 days prior to commencement of term. When a backwall is also the sidewall for another booth, the backwall height takes priority.
3.5
Lessee’s materials or buildings on the grounds without a Contract or under an
expired Contract, or which are not moved within 48 hours following the close of
the term or upon order of the Lessor, shall become
property of the Lessor. Lessor
may take charge of and remove same, charging the expense to the Lessee or the
owner which shall be paid before the property is released to the owner.
3.6
Public service organizations may apply for free space in the exhibit building.
Three booths will be made available each year on a rotating basis (different
groups each year) based on a lottery of applications received by April 1.
Cancellation of Agreement
4.1
Lessor reserves the right to cancel Contract upon
receipt of notice from any member in the International Association of Fairs and
Expositions, Inc. (IAFE) or the Michigan Association of Fairs and Expositions
(MAFE), that the Lessee has been suspended or expelled from a member’s grounds
or for violation of contract or rules.
4.2
Contract may be canceled by Lessee if written notification is in the hand of
the Lessor’s Space Rental Manager no later than 30
days prior to beginning of the term. Refunds of payment made for canceled
Contracts, less a $25 office fee, will be made only if the above provisions are
met. No refunds for cancellations less than 30 days prior to beginning of the
term.
Conditions & Terms
5.1
Lessor reserves the right to remove from the grounds
any exhibit, animal, concession or show that may be falsely entered or
represented and may be deemed unsuitable or objectionable, or remove any sign,
banner or advertising matter of any kind which may be deemed unsuitable by Lessor without assigning any reason thereto.
5.2
Lessor will carefully guard against extortion, fraud,
and deceit in any form practiced on the public by the Lessee. In the event such
extortion, fraud or deceit is discovered, Lessee agrees to leave premises and
the grounds and forfeit all rights and payments of money made or to be made
under the Agreement.
5.3 The Lessor authorizes only the letting of such privileges as
are required to supply the necessary wants of the public, or that may add to their
comfort, convenience, and pleasure. Under no circumstances will privileges of a
questionable nature or of a demoralizing tendency be let or in any manner
tolerated upon grounds or on premises. No privilege will be sold or permitted
where business is conducted in other than a legitimate and trade-like manner. Lessor reserves the right to reject unworthy objects of any
kind by refusing space or admission to grounds. The sale of or possession of
the following items is prohibited on the Berlin Fairground 1)any knife with a
blade exceeding four (4) inches; 2) blowguns, conventional or cross bows,
slingshots, or any device designed to launch or propel any type of projectile
including paint balls; 3) all fire arms, including gas, mechanical or air
operated; 4) all devises designed to be physically thrown for self defense,
target use, hunting use, including, but not limited to, throwing stars, darts,
spears, boom-a-rang, etc; 5) stink bombs; 6) laser light pointers.
5.4 Lessee
shall not exhibit, sell or give away merchandise or literature which bears a
counterfeit service mark, trademark, copyright, or any other indication of a
proprietary name or design which is identical or, in the sole discretion of Lessor, so similar to the authentic mark as to be
misleading to consumers. This prohibition shall apply even if such merchandise
or literature is advertised as not being authentic. Violation of this provision
shall be grounds for eviction of Lessee from the premises, and forfeiture of
all rights and payments made or to be made under this agreement.
5.5 Lessee
will conduct Lessee’s business in a quiet and orderly manner, keeping the
premises neat and clean. Lessee shall keep the grounds in the front, rear and
both sides of premises free from trash, rubbish and litter. Lessee will leave the grounds clean and free
from any materials upon completion of the Contract.
5.6 Lessee
shall comply with all requirements and standards of Fire Inspector of Ottawa
County. Helium tanks must be secured against a rigid support and away from
public access. Propane tanks, regardless of size, are not permitted inside
buildings.
5.7 Lessee
agrees the privileges hereby granted will be conducted according to the rules
and regulations of the Berlin Fair Board and the laws of the State of Michigan
and without infringement upon the rights of others, and Lessee will not handle
or sell any commodity or transact any other business whatsoever upon and within
the premises and grounds, except that which is herein expressly stipulated and
contracted for and will confine transactions to premises and privileges
provided herein.
5.8
Neither the Agreement nor the privileges granted herein, nor use of leased
space or booth, can be assigned or otherwise disposed of without the written
consent of the Lessor. The premises must be occupied
by the Lessee, in person, during all open hours. Unmanned, display only booths
are not allowed except with written permission from the Lessor.
No alternation or variation of the terms of
the Contract shall be valid, unless made in writing and signed by both parties;
and no oral agreement or understanding not incorporated herein, unless made in
writing and signed by the parties hereto, shall be binding upon any of the
parties hereto.
5.9 Lessor reserves the right to move the Lessee to a different
premise than provided for on the Space Rental Contract should it prove
necessary. Lessor shall be the sole judge in
determining what is necessary in the best interest of the Berlin Fair and the
public.
5.10 At
expiration of the Contract, the Lessee will surrender possession of said
premises to the Lessor without further notice to quit
and in as good repair as the same are now. Lessee shall pay the Lessor full repair or replacement cost plus labor, for any
and all damage caused by the Lessee to the grounds, buildings, landscaping and
improvements.
TAPE is
not allowed on any painted surface. $5 per piece will be charged to any
exhibitor using tape of any kind to affix signage to Berlin Fair facilities,
and for each sticker found on any painted surface.
5.11 The
Lessee hereby gives to the Lessor a lien upon all the
property being kept, used or situated upon the premises or upon the grounds as
payment for the total lease cost as stated on the Contract and for any damages
sustained for breach thereof without the process of law; and appropriate said
property to satisfy all its claims against the Lessee.
5.12 If
Lessee feels a decision of the Lessor’s Space Rental
Director is unjust, Lessee may protest the decision to the Berlin Fair Board.
Such protests must be in writing and state plainly the cause of the complaint
or appeal and must be filed with Berlin Fair Board within 12 hours after the
cause of the protest.
5.13 The Lessor will use diligence to insure the safety of stock and
articles after their arrival and placement, but in no event will the Lessor be responsible for any loss or damage that may
occur.
Lessor will assume no liability for injury to property or person or death of
any person or persons on or about the premises. The Lessor
will not be responsible for any damage to exhibits, merchandise, or concessions
caused by thefts, wind, hail, fire or water or any cause whatsoever. The Lessee
covenants and agrees to defend at its own expense, indemnify and save harmless
the Lessor from any and all liability penalties,
damages, costs, expense, causes of action and claims of every kind and nature
arising from illness, death, bodily injury or property damage to any person
whatsoever, occasioned by or growing out of or in any way connected with the
occupation or the use of the leased premises or the activities associated
therewith.
5.14 All
Lessees shall comply, to the best of their ability, with the recommendations
for accessibility to persons with disabilities.
5.15 The
Dress
Code
6.1 All persons conducting business for the Lessee
must be dressed appropriately. Shirts and shoes MUST be worn at all times.
T-Shirts that promote other businesses or contain any profanity or offensive
material may not be worn.
Deliveries
7.1 The Lessor cannot sign for, nor has storage capabilities to
accept, any deliveries for Lessee
7.2 During
the term, no deliveries shall be made through public entrances to premises
located inside exhibit buildings. Service entrances should be used for all
deliveries to Lessee premises. Delivery hours are from
Drawings
and Raffles
8.1
Lessees who intend to hold a sign up drawing on the premises during the term of
the Contract, shall obtain authorization from the Lessor
prior to the term.
8.2 Sign
up period for Lessee’s drawings will be limited to term and all prizes shall be
awarded before end of the term. No further prize(s) may be offered by the
Lessee, other than what is advertised at the sign up location(s). It is also
understood that no further drawing or purchase is necessary during or after the
term for the public to obtain the prize(s) offered. A list of winners shall be
provided to the Fair office.
Electrical
Service
9.1 No
electrical service will be furnished by Lessor unless
specifically granted in the Contract. Lessor shall
not be responsible to Lessee for loss of time or revenue due to electrical
power or any utility interruptions or failures.
9.2
Interior premises may be furnished, at the option of the Lessor,
with one 110 to 120 volt, single phase, 2 pole, 3 wire, 20 amps, electrical
outlet.
9.3
Exterior premises may be furnished, at the option of the Lessor,
either of the following: 110 to 120 volt, single phase, 2 pole, 3 wire, 20
amps, for an Electrical Service Charge of $25; or a 220 to 240 volt, single
phase, 3 pole, 4 wire, 50 amps, for an Electrical Service Charge of $125. An
additional $1.25 Electrical Service Charge will be made for each 1 amp
increase, where available.
9.4 Electrical
connection or hookup of any equipment to Lessor’s
electrical system shall be made by Lessor’s
electricians for an Electrical Service Charge of $25 each.
9.5
Electrical Service Charge is based on Lessor’s or
Lessee’s breaker size, not Lessee’s usage, total connected load, or total
running load. To reduce the Electrical Service Charge, Lessee is encouraged to
install reduced starting capacitors on motors, utilize propane where permitted,
and keep equipment and load well balanced and adjusted.
9.6 Electrical
Service charge must be paid before electrical connection will be made.
Electrical service will not be made if fee is not paid.
9.7 Lessee
shall comply with all requirements and standards of the electrical inspector of
the Ottawa County Fire Marshal.
9.8
Lessee’s electrical equipment shall be properly grounded. Only
heavy duty three-wire extension cords in good condition may be used on
premises. Flat, two strand cords are not acceptable by suggestion of the State
Fire
Equipment
10.1 Basic booth drapery, one 8 foot
table, and two chairs are provided by Lessor. Other
decorating equipment, including additional tables and chairs, is the
responsibility of Lessee. Additional tables and chairs may be rented from the Fair
office. Notice of needs prior to setup for fair is greatly encouraged. Items
will be rented on a first come, first served basis.
Food
and Gaming Operations
11.1
Lessees with food stands or gaming operations will be charged a Space Rental Charge,
per location, of $350 (three hundred fifty dollars) to $450 (four hundred fifty
dollars) depending on location.
11.2
Hours of operation for all outdoor foodstands shall
commence Monday by 5:00 pm and be from at least 11:30am until 11pm each day henceforth
of term. Closing hours on the final day shall not be earlier than
11.3
Foodstand Lessee shall display the prices to be
charged for meals, lunches, drinks or other menu items in a location clearly
visible to fair patrons. Items shall be offered at a reasonable price. Signage
shall be limited, to insure a neat, attractive appearance. Sandwich board menus
or other types of signage must not restrict traffic flow nor shall it be placed
anywhere else outside the space allotted.
11.4
Foodstand Lessee shall provide seating at a table or
counter for a minimum of 10 (ten) patrons for each food stand.
11.5
All dining halls, lunch booths, refreshment, and other stands operated by
Lessee shall be substantial in structure and neat in appearance. Sturdy painted
wood or metal structures may be permitted with permission of the Space Rental
Manager; or food service shall be conducted from trailers designed specifically
for that purpose.
11.6 Equipment and supplies for all outdoor vendors shall be
concealed behind a canvas or wood fence or some other structure, so supplies
are not visible to the public. Lessee shall thoroughly clean premise at close
of term.
11.7
Lessee shall comply with all requirements and standards of the Health Inspector
for
11.8
Specialized grease containers are provided at central locations on the grounds.
Dumped grease must be liquid only with no solid food remnants. Food
pieces obstruct the drain and cause health and safety problems.
11.9 Foodstand Lessee shall provide each premises with one ABC
type fire extinguisher, minimum five-pound size.
11.10
Vendors using grills and deep fryers must have proper hood systems with fire
suppression equipment, when operating indoors.
Insurance
12.1
Lessee agrees to carry commercial general liability insurance, including
premises/Operations and Products/ Completed Operations coverage in the amount
of $1,000,000 per occurrence for bodily injury and/or property damage and
$1,000,000 in the aggregate for bodily injury and/or property damage.
12.2 Said
insurance will be with an insurance carrier acceptable to the Lessor and will name the Lessor
as an additional insured. Group policy coverage may be available through Lessor’s agent.
12.3 Said
insurance must be in full force and effect at all times when Lessee is making
any use or occupying in any manner the premises or carrying on any activities
associated with or incidental to the use of the premises. Evidence of such
insurance must be provided by delivering to the Lessor
at its office before the start of fair, a certificate showing that said
insurance is in full force and effect.
Lodging
13.1
Lessee shall not be permitted to utilize any portion of Lessee’s premises for
the purposes of lodging for Lessee or Lessee’s personnel.
13.2
Camping sites are available on a first come, first served basis at the Berlin
Fair Grounds for those without reservations made with your space application.
Camping fee is $100 plus $25 for an electrical connection if desired.
13.3 Lists
of area hotels and amenities are available at the fair office.
Passes
& Tickets
14.1 Admission to grounds
during term is only allowed by gate passes. Each exhibitor will be assigned two
(2) gate passes good for the duration of the fair. Additional gate passes may
be purchased from the fair office.
Pets
15.1 Animals of any kind, except
those involved in exhibitions, demonstrations or those used as licensed service
animals, are not allowed in the exhibition area. Please make other arrangements
for your pets.
Promotional
Items
16.1
Lessee shall post no signs except those approved by Lessor.
Signs denoting ownership, proprietorship, or name given to the place of
business shall be permitted. Lessee may advertise at and distribute only from
within the leased space.
16.2
Lessee, including wholesalers, retailers, bottling companies or other
distributors serving Lessee, shall not post signs, bills, cards, stickers or
other advertising matter of any kind on the buildings, light posts, or other
structures of any nature.
Renewal of Contract
17.1
Contract between Lessor and Lessee are for the term
of the Contract only and do not carry over from year to year. Lessor reserves the right to refuse to renew any Contract
if any regulations of the Lessor have been violated,
or it is in the best interest of the Lessor, its
Lessees or the public.
17.2 Any
exhibit closed earlier than the last day and last hour of the term shall not be
renewed the following year. Performance Deposit will not be returned.
17.3
Renewal is by Space Rental Renewal form which will be mailed each year. It will
list prior year’s location and reflect any price changes. If satisfactory, sign
and return in the time allotted with required deposit. Any changes in location
must be indicated in writing on the Space Rental Renewal form. Once the form
has been received by Lessor, the Lessee will be
mailed a formal Space Rental Contract for signature.
Sound Amps &
Appliances
18.1
Sound systems, radios, TV’s, and appliances operated by Lessee shall be
operated so they do not interfere with other Lessees. Lessor’s
permission is required to use any sound system.
Vehicles
19.1
Lessee’s licensed vehicles of any nature will not be allowed on the streets of
any of the central core areas of the grounds for purpose of making deliveries
to premises from
19.2
Lessee shall not park on any exhibit site or any streets of the grounds
designated for foot traffic only. Designated parking areas for Lessees are
provided, on a space available basis only. No guarantee of any parking space
for vehicles is made with Agreement.
19.3
Supply trailer parking will be provided at a designated area, with some
electrical connections available. Cars, pick-ups & campers will not be
allowed in this lot. Space in this designated trailer lot must be reserved
in advance and a parking/electrical use fee paid. Charges will be $25 for
trailers without electrical service; $50 for 120v, and $150 for 240v service.
All service trucks must be parked in this lot prior to the start of fair.
Trucks may not be moved during the term. Fees may be paid at the Fair Office or
by mail prior to move-in.
19.4
Golf carts and service carts require a permit for operation on the Berlin
Fairgrounds, including parking areas and perimeter streets. This permit is
available from the Fair Office. Permits will only be issued when a significant
need for such transportation is demonstrated. Carts without a permit and
ATV’s will not be allowed on the Fairgrounds at any time during the
Fair. Some carts may be denied a permit based on size or lack of demonstrated
need.
Water
& Sewer Service
20.1 As per County health department regulations,
all gray water must be contained. Pumping service is available. Please inquire
at the Fair office.
Commercial Exhibits and Concessionaires
Please print or type all
answers (no money is due until contracts are issued)
Date: ____________________
Business or Concession
Name:_________________________________________________________
Owner or Operator:
_________________________________________________________________
Address: __________________________________________________________________________
City:
Business Phone:
_____________________________ Home Phone: ___________________________
Fax _______________________________________
Cellular (other) __________________________
e-mail Address:
____________________________________________________________________
In the event of an emergency,
please list the person who will be operating your booth at the Berlin Fair and
how to contact them during the Fair or a business emergency number:
____________________________________________________________________________________________________________
Describe your product(s)
including brand names; menu for concessions; your service; what your display
will consist of (color photo of you booth or concession as it will appear
during Fair is required for new vendors). If you need additional space, please
use the back of this form.
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
Please list any items that are
NEW to your display or concession this year
_____________________________________________________________________________________________________________
Are you applying for ______ Outdoor space ______ Indoor Space (10’ x 10’) _____ Service Organization Free Space (10”’
x10’)
Please give dimensions
desired: _____________________________________________________________________
Will you need electrical
service? Include amperage
requirements _______120v ( _____
amps) _____ 240v ( _____ amps)
Please give name and contact
information for at least one reference of any Fair, Festival, or Exposition
where you have participated:
__________________________________________________________________________________________________________
Do you want a camping
space? _______ Primitive ($100) _____ With Electric
($125)
By signing this form, you are
applying for space at the Berlin Fair and agree to the Rules and Regulations of
the Berlin Fair.
Signature of person making
application: ________________________________________________
Attach Photo of proposed operation here Mail
to:
(not required for returning
vendors unless changes have been made Commercial
Space Application
include return postage if you
want the photo returned) Berlin
Fair
Marne,
Michigan 49435