Vendor Contract

VENDOR CONTRACT

THIS AGREEMENT is executed by the undersigned vendor (“Vendor”) for the benefit of the Center City Partners - Community Trust, a Charlotte non-profit corporation (“CCCP-CT”). Vendor is participating in the Carolina Food Truck Chow Down (“Event”) to be held by the CCCP-CT on June 18, 2016. Vendor hereby agrees as follows:

VENDOR’S RESPONSIBILITIES: In connection with the execution of this Agreement, Vendor shall pay a non-refundable $200 entry fee in accordance with Vendor’s application (“Application”) to participate in the Event. Vendor shall provide its own fully self contained Mobile Food Cart/Truck, signage and menu. On or before June 1, 2016, Vendor shall submit to the CCCP-CT (i) a copy of Vendor’s Mobile Food Unit Permit issued and (ii) a copy of Vendor’s insurance complying with the requirements set forth in this Agreement. Vendor’s failure to timely submit the foregoing will disqualify Vendor from participation in the Event. Vendor shall be positioned for the event between 10AM--Noon and ready for service at the Event by 1:30 pm on June 18, 2016 and shall continue to serve until the Event closes. Vendor shall not dump gray water on the site of the Event and shall dump all solid waste in the solid waste disposal areas provided by the CCCP-CT. Payment is due June 1 , 2016 , if a truck is accepted after June 1, 2016 payment is due upon receipt of contract and application. Vendors must continue to serve until the Event closes and will not be able to remove their truck from the event until the Event is over at approximately 10 PM.

HEALTH DEPARTMENT REQUIREMENTS: Trucks licensed in Mecklenburg County, NC must provide a copy of their current valid Mobile Food Unit Permit to participate. Trucks licensed in other NC counties must provide a copy of their current valid permit from that county’s Health Department. All permits will be checked for validity. Any truck lacking a current permit must undergo an onsite inspection the morning of the event and issued a Temporary Food Establishment Permit by the Mecklenburg County Health Department, at an additional cost of $75. Trucks licensed in SC must undergo also undergo the onsite inspection. Vendors operating with an NC or SC Department of Agriculture Permit must submit a copy of a valid and current inspection. Those needing an onsite inspection must complete all paperwork for the Temporary Food Establishment permit and return it by May 25, 2016. Checks for the inspection fee should be made payable to Charlotte Center City Partners – Community Trust. Follow this link for the necessary forms – Mecklenburg County TFE Food Vendor Permit.

REDEMPTION OF FOOD TOKENS: Not later than 4:00 pm on the day of the Event, Vendor shall submit to the CCCP-CT all tokens redeemed by Event patrons with Vendor. Vendor will receive $3.00 for each food token issued by the CCCP-CT that patrons redeem with Vendor between the hours of 2:00 pm and 4:00 pm. Each truck will only serve one signature item, in a sample size of at least 4 oz during the competition portion. Failure to provide a 4 oz portion during the competition will result in payment of only half of the total amount of tokens received instead of payment on the full amount of tokens received. Only one token may be taken per signature dish. Each truck’s full menu or menu of your choice can be available after 4:00pm. Trucks must be prepared to serve between 5,000 – 10,000 attendees between the hours of 2:00 PM – 4:00 PM.

SOCIAL MEDIA: We’d love for the trucks to help us generate a buzz around the event in addition to our own marketing campaign. We’d like each truck to post on their Facebook, Twitter, Instagram or Snapchat when they get accepted into the Carolina Food Truck Chow Down and post at least 5 different posts on their social media accounts during the week of the event and during the event tagging the Carolina Food Truck Chow Down or using #CarolinaChowDown.

VENDOR’S INSURANCE: Vendor shall, at its sole expense and cost, carry and maintain, for the mutual benefit of itself, the CCCP-CT, the City of Charlotte, North Carolina, and their respective boards of directors, officers, agents, and employees, (i) a policy of general liability insurance against claims for personal injuries, wrongful death, or property damage occurring on or about Camden Rd. and the other Event premises (collectively, the “Premises”) with a minimum amount of coverage of one million dollars ($1,000,000) per occurrence on account of bodily injury and/or death to one person, and/or on account of damage to property and (ii) business, automobile liability insurance with limits of at least one million dollars ($1,000,000) per occurrence. Each of said policies shall be issued by an insurance company reasonably acceptable to the CCCP-CT, contain a waiver of subrogation, bear an endorsement to the effect that the insurer agrees to notify the CCCP-CT, not less than ten (10) days in advance of the Event of any modification or cancellation of said policy and name the CCCP-CT and the City of Charlotte, North Carolina as additional insureds.

RELEASE AND INDEMNIFICATION: In consideration of Vendor’s acceptance to participate in the Event, Vendor hereby voluntarily assumes responsibility for, and releases, waives, acquits, and forever discharges the CCCP-CT and the City of Charlotte, North Carolina and their respective boards of directors, officers, agents, employees, members, sponsors, contributors, and volunteers (collectively, the “Releasees”), of and from, and agrees not to sue the Releasees, on account of, any and all liability, demands, losses, claims, and damages of every kind whether now or hereafter existing, arising out of, or in any way connected, directly or indirectly, with the Event or Vendor’s participation in the Event, WHETHER ARISING OUT OF, ATTRIBUTED TO OR CAUSED OR ALLEGED TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE (SOLE, JOINT, CONCURRENT, ACTIVE OR PASSIVE), GROSS NEGLIGENCE, INTENTIONAL CONDUCT OF ANY OF THE RELEASEES.

Vendor further agrees to indemnify, defend, and hold harmless the Releasees from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses, including but not limited to reasonable attorney fees, for injury, death, loss or damage of whatever nature to any person, property, or any other claim resulting from, arising out of, or in any way related to (i) Vendor’s use and occupancy of the Premises, (ii) Vendor’s participation in the Event, or (iii) any act or omission of Vendor, its agents, employees, or independent contractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts or omissions any of them may be liable, WHETHER ARISING OUT OF, ATTRIBUTED TO OR CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE NEGLIGENCE (SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, OR INTENTIONAL CONDUCT OF ANY OF THE RELEASEES.

In executing this Agreement, Vendor acknowledges and represents that Vendor has read the foregoing Agreement including the foregoing Release of Liability and Indemnity agreement and will be bound by this Agreement. Vendor further acknowledges that all fees paid by Vendor are non-refundable.

Vendor: Date

By: Signature , authorized agent on behalf of Vendor

Printed Name

Along with your completed application and contract please email us a picture of your truck and signature dish to be displayed on our event website to [email protected] or [email protected]