VENDOR terms & conditions
These Vendor Terms and Conditions will apply to all vendors (in each case, a “Vendor”) participating in GFree Fest (the “Event”), a gluten-free event established, operated, overseen, and marketed by Ampersand Creative LLC and/or any one or more of its affiliates (the “Host”). By registering as a vendor at or otherwise participating in the Event, or by signing below, the Vendor unconditionally and irrevocably accepts and agrees to be bound by these Terms and Conditions.
1. Food and Beverage Sales or Service. The Vendor hereby represents, warrants, and covenants, as a material inducement to the Host’s selection of the Vendor as a vendor at the Event, as follows.
a. To the extent the Vendor intends to sell or serve food, beverages, or other consumable products at the Event, the Vendor represents, warrants, and covenants, that it possesses all licenses, permits, and other qualifications from the Rhode Island Department of Health, the City of Providence, and any other government agencies, required for Vendor to lawfully sell or serve such products, and shall comply in all respects with all rules, regulations, laws, ordinances, policies, standards, and other requirements of such licenses, permits, qualifications, and agencies. Vendor shall provide Host with copies of all such licenses, permits, and other qualifications upon request.
b. The Vendor understands and acknowledges that the Event caters to gluten-free consumers, including consumers who have celiac disease, are gluten intolerant, or who have other allergies or medical conditions which may be triggered or exacerbated by the presence or consumption of gluten. Accordingly, the Vendor represents, warrants, and covenants that any food, beverage, or other consumables sold or served at the Event shall have been prepared in a dedicated gluten-free facility or a certified gluten-free facility and stored, shipped, and served without cross-contamination, or have otherwise been prepared, stored, shipped, and served in accordance with all applicable food safety standards and with stringent cross-contamination measures taken, such that all products sold or served are 100% gluten-free.
2. Insurance. The Vendor shall maintain in full force and effect general liability insurance as may be reasonably required by the Host, insuring the Vendor against liability from or attributable to any acts or omissions of the Vendor at the Event, and naming the Host, WaterFire Providence dba The WaterFire Arts Center, WaterFire Arts Trust, WaterFire International, LLC, and Barnaby Evans, each as an additional insured. Vendor shall provide certificates evidencing such coverage to the Host prior to the Event, indicating the Host as the certificate holder. Such coverage shall have limits of at least $1,000,000 per claim and $2,000,000 in the aggregate. The Vendor agrees and acknowledges that the Host will not provide insurance coverage on the Vendor or for the benefit of the Vendor at any time with respect to the Event.
3. Code of Conduct. The Vendor agrees and acknowledges that it has received and reviewed the Host’s Vendor Code of Conduct, and that it shall accept and abide by the Code in all respects. In the event the Vendor fails to comply with the Code, in the sole and absolute discretion of the Host, the Vendor shall be subject to immediate removal from the Event without compensation of any kind.
4. Rules and Regulations. The Host may enact and enforce rules and regulations for the Event prior to and/or during the Event. The Vendor shall abide by and comply with any posted signs or other displays concerning rules and regulations, including but not limited to those regarding personal conduct, health and safety, trash disposal and recycling, and compliance with laws.
5. Indemnification. The Vendor shall indemnify and hold harmless the Host and its principals, affiliates, and agents from and against any and all liabilities, obligations, damages, losses, fees, claims, costs, and expenses, including reasonable attorneys’ fees, which are incurred by or asserted against the Host by reason of any of the following: (a) such Vendor’s failure to comply with these Terms and Conditions, including but not limited to claims alleging the sale or service of products which are not 100% gluten-free; and (b) any acts or omissions of the Vendor at or concerning the Event, including but not limited to any acts or omissions causing personal injury or illness at the Event.