2024 Calgary Horticultural Society’s Gardeners’ Market
1. If the exhibitor application is accepted, the Calgary Horticultural Society (“the Society”) agrees to provide the Exhibitor with exhibit space, in return for payment of the designated rental fee. Any additional furnishings shall be supplied by the Exhibitor or procured at the Exhibitor’s expense. If the application is declined the rental fee will be refunded and no exhibitor space will be granted.
2. All fixtures and equipment in use on site by the Exhibitor shall conform to all applicable legislation and shall be safe for use in the Event.
3. Space rented by the Exhibitor may not be sublet or shared without prior consent by the Society.
4. The Exhibitor agrees to abide by all rules and regulations adopted by the Society for the general maintenance of order and function of the Event. The Exhibitor shall abide all laws, bylaws, ordinances or regulations of the government or other regulatory body, which may be in effect at the time of the Event. The Exhibitor shall have in place all required licenses or permits required in the operation of their trade or business and shall collect and pay all applicable taxes.
5. The Exhibitor shall assume all risks associated with their participation in the Event. The Exhibitor shall indemnify and hold harmless the Society and The Commons at ATCO Park, their employees, members and associates, for any loss or damages suffered by the Exhibitor in any way related to their participation in the Event. Further, the Exhibitor shall indemnify and hold harmless the Society and The Commons at ATCO Park their employees, members and associates, from any third-party liability resulting from any act or omission of the Exhibitor related to their participation in the Event.
6. The Exhibitor shall leave the facility and rented space in its original condition as found when entering the Event and shall be liable for any damage caused to the facility.
7. The Exhibitor shall have in place during the entire Event from first appearance on site until the time of move out, an appropriate policy of insurance covering all liability for any and all claims that might arise from the Exhibitors participation in the Event.
8. The Exhibitor agrees to have his exhibit in place and presentable to the public on the designated day at the designated time indicated by the Society. The Exhibitor agrees that no exhibit or display shall be dismantled or removed during the time of the Event. The Exhibitor agrees to remove his exhibit from the building by the designated move-out time, or in failing to do so agrees to pay for any related additional costs incurred by the Society.
9. The Society reserves the right to cancel the Event and shall not be liable in damages or otherwise by reason of any such cancellation. In addition, The Society shall not be liable in damages or otherwise for failure to carry out the terms of this Agreement in whole or in part due to circumstances beyond the control of the Society. If the exhibit space to be used by the Exhibitor should in any way be rendered unusable, the Exhibitor shall pay for such space only for the period during which it was or could have been used as determined within the sole discretion of the Society. The Society will make a refund of all monies paid by the Exhibitor to the Society if the Event is not held.
10. Any cancellation of this agreement shall be given in writing. By cancelling this contract, the Exhibitor forfeits all rights or claims to the allocated space and the Society is free to rent it to others and collect the cancellation fee as liquidation damages. Cancellation fee is $100. Any cancellation notice received after midnight March 1, 2024, shall be made without refund.
11. The Society reserves the right to cancel this contract and to withhold possession of exhibit space if the Exhibitor fails to perform any material condition of this contract or refuses to abide by the Event rules and regulations, in which case the Exhibitor shall forfeit as liquidation damages all space rent payments made by him and any further occupancy of such space.
12. The Society reserves the right to change, reposition or reallocate any designated rental space. This includes the removal of any plant material deemed noxious in nature, or toxic, or a biological hazard such as physical specimen of Black Knot.
Receipt of payment for Event rental space shall be deemed as acceptance of all the terms and conditions herein contained.