Please specify here if you plan to sell goods as well as promote your work with your installation or activity.
Please sign the Participant Agreement(s) below for the Fair(s) for which you have selected above.
THIS AGREEMENT, dated January 1, 2017 is between Kairos Boutique, LLC. (“Kairos” or "The Kairos Market") and the signatory at the end of this agreement (“Participant”). Participant will be participating in the The Kairos Market on the date(s) selected above (the “Event”). This Agreement must be signed by Participant and submitted to Kairos at least two (2) weeks prior to the first Event in which Participant will participate.
Term:This Agreement will be effective for the Event in which the Participant participates. This Agreement may be terminated by Kairos with or without cause immediately upon notice to Participant. Participant and its employees, personnel, and agents agree to be bound by the terms of this Agreement and all Event rules, regulations, and directives.
Safety: Participant will act with the highest regard for the safety of the attendees and other participants of the Event, and will adhere to all laws, policies, rules, and regulations applicable to the goods and/or activities of Participant, including obtaining all licenses, permits, and approvals that may be required to enable Participant to conduct its activities at the Event and fulfill its obligations under this Agreement.
Liability: Kairos will not be responsible for any loss or damage to Participant’s property, injury to, or death of the Participant (or its agents, employees, and/or personnel), or Participant sales. Participant expressly assumes all risks of loss, damage, liability, injury, or destruction resulting from any cause whatsoever, including but not limited to acts or omissions by Participant, and hereby releases and waives any claims against Kairos related to such loss, damage, liability, injury, and/or destruction.
Insurance: Participant represents that it has, or will have at the time of the Event, appropriate insurance to cover liability for the types of activities Participant will conduct at the Event. Participant covenants to be fully responsible for any of its liabilities, actions, or omissions, and will indemnify, defend, and hold Kairos (and its officers, employees, agents, vendors, affiliates, and representatives) harmless against any claims related to Participant’s liabilities, actions, or omissions.
Cancellations: The event will proceed regardless of the weather. If there is a cancellation:
(a) By Kairos: If a cancellation of the Event by Kairos is necessary due to unforeseen circumstances, acts of a third party, or other circumstances which (in Kairos’ sole judgment) may compromise the safety of Event participants, then the Event will not be rescheduled and there will be no refunds to Participant.
(b) By Participant: If Participant cancels its participation at least one month prior to the Event, then Kairos will offer a full refund, less a $25 jurying fee. If Participant cancels its participation between four and two weeks prior to the Event, then Kairos will offer a 50% refund. If Participant cancels its participation in the Event within two weeks prior to the Event, then Kairos cannot offer a refund, due to the administrative work already done by that time. Once Participant cancels, it forfeits its spot in the Event.
Participant may not assign this Agreement to any third party, or delegate any of its obligations without the written consent of Kairos. Only the accepted Participants are able to sell or distribute their items and/or conduct activities at the Event. The vendor list, map, and Booth assignments are subject to change without notice. Kairos does not guarantee any level of attendance at the Event and there will be no refunds, under any circumstances, after the Event is over.
Change in terms: The terms of this Agreement may be changed by Kairos and notice of such change(s) will be sent to you in writing. You agree to accept notices via email, sent to the address indicated below. Kairos reserves the right to decline, prohibit, or expel any Participant exhibit, or prevent any activity, displays, product, or conduct, which (in Kairos' sole judgment) is out of keeping with the character of the Event or endangers the venue, any attendee, or other participants.
Participant and its agents, employees, personnel, and/or independent contractors who participate in the Event agree to be bound to this Agreement. The terms of this Agreement, including any waivers, inures to the benefit of Kairos and its affiliates and Event co-producers and sponsors.
Independent Contractors: The relationship of Participant to Kairos is that of an independent contractor, and nothing contained in this Agreement will be construed as creating a partnership, joint venture, employment relationship, agency, or other relationship between the parties, or to make Kairos liable for the debts or obligations of Participant.
The validity, interpretation, construction, and enforcement of this Agreement will be governed and controlled by the laws of the State of New York, without regard to its rules with respect to choice of law. Any dispute arising out of or related to this Agreement must be brought in federal or state court in Kings County and the parties hereby consent to the exclusive jurisdiction and the venue of such forum. This Agreement, and any rules and regulations provided to Participant by Kairos or Kairos' affiliates, will contain the entire Agreement and understanding between the parties hereto with respect to participation in the Event. If any term is contrary to law then that term will be severed and the remainder of the Agreement will remain in force.