Washington Renaissance Arts and Education Society

2023 Merchant Contract

The Washington Renaissance Arts and Education Society, herein referred to as WRAES, and Applicant herein referred to as Merchant, enter into the following agreement.

Section 1- Merchant Fee: Merchant shall pay WRAES a Merchant Booth Fee for the nonexclusive right to sell merchandise, food, or services as outlined in Attachment A of this agreement.

Payment must be received and accepted by WRAES at least 75 days prior to event opening unless other payment arrangements have been agreed to in writing.

Section 1A- Refunds: Merchant may receive a full refund for canceling their participation by notifying WRAES in writing of their request at least 60 days before event opening. After that date there is NO refund and all fees paid become property of the Washington Renaissance Arts & Education Society.

Refund requests must be sent to merchants@wraes.org or by mail to WRAES, PO BOX 236, Burley, WA 98322.

Section 2- General Provisions: Merchant may only sell such goods or provide services as described in application and approved by WRAES in writing. In any event, Merchant may not sell wooden swords, wooden shields, cannabis products, or alcoholic beverages. Non-food merchants may not sell bottled water and may not sell food or beverage items unless said items are pre-packaged and listed in application and approved in writing by WRAES. Bottled water may only be sold at the standard price set by WRAES. Failure to comply with this provision may result in immediate removal from the venue at WRAES discretion without refund of merchant fee.

Changes by the venue owner to the event space area may necessitate changes to the site layout and map. Merchant understands that booth location may change from prior year location(s) and that specific spaces are not guaranteed.

Merchant agrees to be responsible for all their own taxes, permits, or other legal fees or costs associated with selling merchandise, food, or services.

No delay or failure by WRAES to exercise any right or remedy shall constitute a waiver thereof, and no single or partial exercise by WRAES of any right or remedy shall preclude other or further exercise thereof, nor the exercise of any other right or remedy. WRAES shall not be deemed to have waived any rights unless such waiver is in writing. All WRAES remedies shall be cumulative and may be exercised singularly or concurrently.

Section 3- Attorney Fees: In the event legal action becomes necessary to enforce or interpret the terms of this Agreement, including any action arising out of an Agreement referred to herein, the prevailing party in such action shall be entitled to recover reasonable attorney fees and costs incurred in such actions, as determined by the court. In the event of any appeals from such actions, the prevailing party in such actions shall be entitled to recover reasonable attorney fees and costs incurred in such actions, as determined by the court. The term “costs” shall include, in addition to stationary costs and disbursements, all costs associated with discovery depositions, expert witness fees, and out-of-pocket costs incurred by the prevailing party in the prosecution or defense of the action.

Section 4- Incorporation by Reference: All documents referred to herein are hereby incorporated by reference.

Section 5- WRAES Policies: Acceptance of this contract constitutes agreement to comply with all rules, guidelines, state and local laws as well as all policies as stated in the WRAES site rules for the event in question.

Section 6- Fire Extinguishers and Fire Proofing: Merchant must comply with all fire marshal requirements and instructions. Failure to comply with fire marshal instructions will result in removal and forfeiture of booth fees.

Merchant must always have an easily accessible fire extinguisher in their booth. For food booths cooking with grease or oil the extinguisher must be a current, tagged K-Class fire extinguisher. For all other booths it must be a current, tagged 2A 10BC fire extinguisher.

All booths must meet the national CPAI-84 fire code requirements and merchant must provide documentation or tags on the structure proving that they are or have been treated with fire retardant. If sleeping inside the booth, a working smoke detector is also required. All canopies must be at least 10 feet from open flame.

Section 6- Camping: When available, modern camping space will be provided for merchants who wish to stay on site. There is an assigned camping area for merchants and participants. The camping area will have a trash dumpster for your use. Please remove all belongings (including trash) at the end of the event. Any merchants choosing to camp in their booth space must have all modern camping equipment struck from the main Faire site by 9 a.m. of each day of the Faire. Merchant may not access or use on site power without prior written approval of WRAES and payment of applicable fee.

Section 7- Insurance: All merchants will have insurance with the following coverage: $1,000,000 per occurrence, and a General Aggregate of $2,000,000. Certificates of additional insured must be obtained by Merchant and Provided to WRAES as outlined in the acceptance notice.

Section 8- Expectations: Merchant set up is by appointment. WRAES will distribute instructions for scheduling a set up appointment approximately one month prior to the event. Merchant may not access the faire site until properly checked in by WRAES staff. Failure to make an appointment for setup will result in waiting for an available time slot and will not be allowed prior to 1:00 PM on Friday.

During set up and strike, vehicles and goods may not block the fire lane, roadway or other booth spaces. Modern vehicles may not enter the main faire site after 0830. All modern vehicles must be off the main Faire site by 9 a.m. on each day of the Faire. After closing, vehicles may not be brought onsite until drive on is authorized by WRAES management or security. Vehicles may only be onsite long enough to be loaded/unloaded. Failure to comply with this provision or any other safety directive issued by WRAES management may result in immediate removal from the faire site without refund of merchant fee and/or prohibition from participation in future WRAES events at WRAES discretion.

Merchant agrees to be in and have their merchant space ready to open for patrons at least 15 minutes prior to event opening time. Merchant shall be open for sales, services, or be in their booth available to customers during all open hours of the event (10:00 AM to 7:00 PM) each day.

Merchant agrees to properly dispose of waste by either; placing in the proper waste dumpster, recycling receptacle, or by completely removing it from the site. All cardboard must be broken down prior to being placed in the recycling container. If receptacle is full, broken down cardboard may be placed near to the receptacle provided is stacked neatly and contained and does not block access to the receptacle. Failure to properly dispose of waste will result in a disposal/clean up fee as determined by WRAES.

Merchant agrees to clean up and remove all traces of their merchant space and to completely vacate the venue per the following schedule:

• Oregon Main Faire site by Noon on Monday June 19.
• Oregon Camping Area by 5:00 PM on Monday June 19.
• Washington Main Faire Site by Noon on Tuesday August 22.
• Washington Camping Area by 5:00 PM on Tuesday August 22.

Faire is open rain or shine. In the event of unsafe weather conditions, merchants are expected to evacuate to the area designated by the security team or Fire Marshall immediately. Security will remain on site during any evacuations.

Merchants are required to remain in costume during faire hours and are encouraged to remain in character to interact with guests and patrons.

(a) Merchants agree to the following conduct guidelines:

Display control, respect, and professionalism in all activities on the event site.

Refrain from any behavior, communication, or activity which may impair positive public perception of WRAES, its productions, and its cast/crew/staff/performers.

Use good judgement and demonstrate respect to others and the WRAES organization, as it pertains to any/all postings and/or comments on both personal and WRAES social media sites.

Merchant/ all booth workers will be issued an event pass (IE photo or temporary ID card, hand stamp or wrist band). Event pass must be displayed for entry to the site and always carried by merchant/booth worker while on site. Event pass must be visible after hours and whenever accessing areas of the site that are not open to the general public. Event passes are not transferrable. Valid government issued identification is required to purchase alcoholic beverages and to access areas where alcohol is being sold.

All minors MUST be accompanied by an adult at all times.

Section 9- Photo/Video/Audio Release: Acceptance of this contract gives consent that all photographs/video/audio taken of Merchant, booth space, and staff during the event are property of the photographer(s) and may be used by WRAES in advertising, publications, promotional email campaigns, websites, and other materials or media for current or future events. In giving this consent, WRAES and the photographer(s) associated with the event are released from responsibility for any violation of personal or proprietary rights the merchant may have and does not imply further compensation.

Section 10- Pet Policy: Merchant agrees to comply with all terms in the Pet Policy as follows:

All animals will always be attended and leashed, including in the camping area when out of merchant's tent, vehicle, trailer, or RV. Merchant is required to clean up after pet before, during, and after the faire. Only Service Animals are allowed onto the faire site other than in designated camping areas. Animals showing signs of aggression or posing any threat to the health and safety of others will not be allowed to remain on faire site or in the camping area.

Section 11- Hold Harmless Agreement: The undersigned hereby agrees to hold harmless, the Washington Midsummer Renaissance Faire, the Washington Renaissance Arts & Education Society, Sky Meadows Park, or any staff thereof, or any person involved with the Washington Midsummer Renaissance Faire on August 5-6, 12-13, 19-20, 2023 at Sky Meadows Park, 18601 Sky Meadows Lane, Snohomish, WA 98290 for any or all damages to persons and property resulting from acts of God, theft, vandalism, injury or medical emergency.

Further: Except for breach of this agreement, the Washington Renaissance Arts and Education Society, The venue, and any officers, employees, agents, contractors, and volunteers thereof, shall be held harmless from any cause or action, claim or petition, brought by the Merchant, filed in any court or administrative tribunal, arising out of said event, including all costs, attorney's fees, judgments, or awards.