Wintergreen Holiday Market Vendor Application

1. Total cost for 10×10 space(s) is due at the time of purchase. No refunds will be made for any amount that is paid for the space reservation.  

2. WE UNDERSTAND THAT THE AGREEMENT SHALL BE LEGALLY BINDING BETWEEN THE HUNTSVILLE BOTANICAL GARDEN AND THE VENDOR ONLY UPON ACCEPTANCE BY THE GARDEN. WE ALSO UNDERSTAND THAT ANY CHANGES IN THE INFORMATION IN THIS AGREEMENT MUST BE MADE IN WRITING. VENDORS SHALL BE BOUND-BY AND AGREE-TO THE RULES AND REGULATIONS SET FORTH BY THE GARDEN AND THAT IF NECESSARY ADDITIONAL RULES AND REGULATIONS MAY BE ESTABLISHED BY THE GARDEN. 

3. You cannot sublease your 10×10 space. Only vendors that are on the exhibit agreement can occupy the space, unless approval has been obtained by the Garden. Vendors must show only goods dealt by them in regular course of business.  

4. You must stay within the 10×10 space boundaries and not stand or hand out material in the aisles, walkways, or parking lot.  

5. Vendors will receive one 6ft table. Additional tables will be need to be rented for an additional  

6. No soliciting other holiday market events. This includes inviting attendees to visit you at other holiday market events. 

7. You cannot attend the Huntsville Botanical Garden Holiday Market and hand out cards to attendees without contracting and paying for a 10×10 space in the Huntsville Botanical Garden Holiday Market. If you see anyone doing this, please report it to Garden staff ASAP.  

8. No signage can extend above the back-drape height (8’) unless approved in writing by the show management. Any vendor that has a sign extending above the back-drape will be asked once to lower it and then asked to take it down. No helium balloons allowed without approval by the Garden.  

9. Food Vendors who are serving food or drink or any samples must obey the Health Department rules and pay a fee for a temporary food permit. The Health Department may come and check for the appropriate supplies and can shut you down.  

10. It is expressly understood and agreed by the Vendor that s/he will make no claim of any kind against the Garden for any loss, damage, theft or destruction of goods, nor for any injury that may occur to her/himself or her/is employees while in the show facility, nor for any damage of any nature or character whatsoever. The Vendor shall be solely responsible to its own agents and employees and to all third persons, including invitees and the public on all claims, liabilities, actions, costs, damages, and expenses arising out of or relating to the custody, possession, operation, maintenance, or control of said leased space or exhibit, for negligence or otherwise relating thereto, and such claims as may be asserted against it. The Vendor will keep in effect Liability Insurance.  

11. All Vendors must sign and return the Release of Liability. 

12. If for any reason Garden management determines that the location of an Vendor’s 10×10 space at the show should be changed, moved or the dates of the show changed or postponed, no refund will be made but shall assign the Vendor, in lieu of the original space, such other space as deems appropriate and the Vendor agrees to use such space under the same Rules and Regulations. The Garden shall not be financially liable or otherwise obligated in the event the Huntsville Botanical Garden Holiday Market is canceled, change of dates, postponed or relocated, except as provided herein.  

The participant acknowledges full responsibility for all activities conducted in connection with the Huntsville Botanical Garden and agrees to indemnify and hold harmless the Huntsville Botanical Garden and each of their respective employees, agents, officers, investors, owners, directors and representatives (collectively, “Representatives”) from and against any and all liability, loss, damage, expense, suits, claims, penalties or judgments arising in connection with the participant’s participation in the Huntsville Botanical Garden Holiday Market. Participant acknowledges that his/her responsibilities include any and all costs and expenses incurred by the Huntsville Botanical Garden Huntsville Botanical Garden Holiday Market in defending claims which may be brought against any of them.  

Vendors are liable for their own products. The Huntsville Botanical Garden shall not be held accountable for the products offered by Vendors. Product and liability insurance is the responsibility of the Vendors. Participating Vendor assumes all risk of loss due to fire, theft, weather or other causes of damages or loss. Vendors agree to fully indemnify and hold the Huntsville Botanical Garden harmless from any claims of property damage or bodily injury caused by any member of the public due to the acts or omissions of the Vendor. There are no other agreements between the Huntsville Botanical Garden, whether written or oral, other than the Rules and Guidelines and application of Huntsville Botanical Holiday Market. 

By confirming your attendance at the Huntsville Botanical Garden Holiday Market and becoming a vendor at the Huntsville Botanical Garden Holiday Market, you have confirmed that you have read each page of the Rules and Guidelines. You understand the commitment and will abide by the Rules and Guidelines set forth by the Huntsville Botanical Garden, and all associated partners. 

“Vendor” agrees and undertakes to indemnify and hold harmless the Huntsville Botanical Garden, and their agents, servants, and employees from and against any and all claims, damages, actions, liability and expenses in connection with loss of life, personal injury and/or damage to property occasioned wholly or in part by any act or omission of Contractor, its agents, contractors or employees. 

Vendor also acknowledges that the Huntsville Botanical Garden, does not assume any responsibility whatsoever for any property of Vendor used by or brought on the Huntsville Botanical Garden premises and that Vendor will take whatever steps it deems necessary to protect the same.