Terms and Conditions – Street Space –

---

1. RESERVATION FEES

Reservation fees paid will hold a space in the following year’s Festival until May 31. You must submit a new Street Space application to guarantee a space by that date. This reservation only holds a space for you and does NOT guarantee the same space as held in the previous year. While efforts are always made to keep vendors in their same location, the Street Space Committee reserves the right to move vendors due to water, electrical, sponsorship, or any other requirements.

2. SET UP

b. All booths should be completely free standing with no anchors of any type placed into the community street. All tents must fit inside your allotted space and must be weighed down. The Morden Corn & Apple Festival is not responsible for damages caused by tents blowing over.

c. All items must remain within your space allocation. No signs, racks, tables, etc. may be placed on the sidewalks or walkways around your space.

d. If a vendor shows up later than the time allotted in the vendor package, they must ask permission to be allowed into their space. Admittance at this time will be at the discretion of the Festival.

e. The Festival reserves the right to disallow vendors into the Festival after their allotted setup time. If this occurs, no refund will be granted.

3. OPERATION HOURS

All Vendors must operate the full 3-day Festival, rain or shine. Please ensure you are prepared for all weather conditions and carry appropriate amounts of food/products for sale.

There will be absolutely no subletting of booth space.

All exhibitors must remain open to the public and operational during the hours outlined below:

1. Friday and Saturday booth hours are 11:00am – 11:00pm.
2. Sunday booth hours are from 10:00am – 5:30pm.
3. Removal must commence no earlier than 6:00pm on Sunday.

If a vendor is found to be in breach of the above, they will be issued a penalty of $150.00 for each occurrence. This includes takedown after the Festival.

4. SERVICES

a. Electrical service available are:

1. 120V only.
2. available as Lights Only, 15 amp, or 30 amp.
3. 30 Amps is the maximum available, unless specific accommodations have been made by the Festival. Our electrical team works as quickly as possible to get vendors hooked up to power, but please be prepared to wait a short while until you are hooked up. You are permitted to run a generator only until you are hooked-up or by prior approval. Otherwise personal generators are not permitted throughout the Festival.

b. Water is available from taps on hydrants at 8^th and Nelson St. Please provide your own buckets as no hook ups are available in these locations.

c. It is not permitted to dispose of grey water on the street. A disposal tank/pumping service will be available. Final details will be provided in your vendor package, which will be sent out in mid-late July.

5. NO SALES

a. No vendor shall sell popped corn, candy apples, cotton candy, or carnival rides of any kind.

b. Any item not legal to sell in Manitoba including items such as stink bombs, sparklers, laser pointers, lighters, novelty pipes, weapons of any kind (including but not limited to guns, knives, swords, spears, arrows, etc.) whether real, toy, or replicas, cracker bombs and fire crackers are not permitted for sale, advertisement, or display at the Morden Corn & Apple Festival. Any product representing drug paraphernalia, sexually explicit images or derogatory words are not permitted to be advertised, sold, or displayed at the Festival.

c. We encourage the sale of products featuring corn and/or apples during the Festival, however, reproduction of the Morden Corn & Apple Festival name, logo, or branding is restricted unless a license is arranged for the vendor in writing from the Morden Corn & Apple Festival. All inquiries for Morden Corn & Apple Festival trademarks or souvenir products are to be directed to the office at info@cornandapple.com.

d. In case of dispute, the decision of the Morden Corn & Apple Festival Street Space committee will be final.

6. PAYMENT OF FEES

All vendors must be paid in full at least two months (that is, May 31st) before the Festival. If your vendor is accepted into the Festival within two months of the Festival, the payment will be due in full immediately. Late payments will NOT be accepted.

If a vendor cancels their reservation, a refund will only be given if the request is made at least 60 days before the first day of the festival. If the reservation is cancelled within 59 days of the beginning of the festival a refund may be given ONLY if the festival is able to find another vendor to take the space.

7. GARBAGE

It is the responsibility of the vendor to maintain a clean premises in and around their booth location and be prepared to allow a lane for emergency vehicle access between the sidewalk and front of booth space. All vendors must dispose of their waste in the large bins (dumpsters) only at the intersections and not in the smaller street waste carts. The street waste carts are for public waste only and cannot be pulled up to any vendor area.

8. HEALTH PERMITS

All food units must be clean and operational prior to opening. All approved health permits must be submitted to the Morden Corn & Apple Festival no later than May 31. Failure to do so will result in a negative application and subsequent denial of participation in the Festival.

If you require a temporary food permit, you must complete this form from Manitoba Health and submit it to the Festival office (info@cornandapple.com) no later than July 15.

Should the Morden Corn & Apple Festival be cancelled by the provincial government due to an unexpected public health concern, full refunds will be issued to vendors.

NOTE: Please be certain to have terms and conditions available to the person or persons physically in attendance at your booth on the weekend of the Morden Corn & Apple Festival for easy reference.

10. INSURANCE AND LIABILITY

Power for the festival is organized by local independent electrical company ‘TRUE NORTH’. Any issues with power will be forwarded to them. Neither the power company nor the festival is liable for any damages caused by power outages or electrical failures beyond their control. Vendors are responsible for all damages that might occur during their presence in the festival.

Should any exhibit or portion thereof be injured, lost, stolen or suffer damage from any cause whatsoever, the Morden Corn & Apple Festival will not be liable, or make any payment for the value thereof. Neither the Festival nor the service contractors shall be held responsible for the safety of exhibits against theft, fire, accident or any destructive cause, not for accidents to exhibitors, their agents or employees. The Lessee will obtain and keep in force during the term Commercial General Public Liability Insurance respecting the use, occupancy, and conduct of business in accordance with the Lessor’s minimum insurance requirements, with Insurers acceptable to the Lessor, for the amount not less than $2,000,000. The policy will name the Morden Corn and Apple Festival as an additional named insured with a cross-liability clause and the Lessee shall promptly furnish to the Lessor copies of insurance policies or the satisfactory evidence thirty (30) days prior to opening. If such evidence of insurance is not so provided, the Lessee may, at its sole option, either immediately cancel the space rental contract or provide the insurance outlined, the entire cost thereof to be charged to the Lessee and to be payable on demand.

The Lessee will assume all liability and responsibility for any loss, damage or injury whether suffered by him or them or by his/her or their property arising in any way out of the operations or otherwise arising or occurring in or about the premises of The Morden Corn & Apple Festival: AND the Lessee further covenants and agrees to indemnify and save harmless the festival from and against any claims, demands, accounts, actions, or proceedings whatsoever for loss, injury or damage sustained by any person or persons whether as to personal injury or as to property damage by reason of or in any way arising out of the operations of such operation or caused or occasioned by the Lessee or his servants, agents or employees in any way in and about the premises of the festival.

Any activity or behavior carried on by the Lessee or occurring on the festival grounds which in the opinion of the Morden Corn and Apple Festival is undesirable for a public place or unlawful shall result in immediate termination of this contract at the option of the Morden Corn and Apple Festival and all monies paid hereunder shall be forfeited.

Vendors are required to stay in their allotted space. No soliciting or selling of any kind outside of their designated space. No flags, banners or signs are permitted outside of the vendor allotted space.

All equipment and personnel must not encroach into the space of other vendors. This can include but is not limited to hitches, canopies, swinging doors etc. 

If you do not operate within your space, you may be charged an additional fee no less than the fee you paid for your original space. If you encroach on another vendor’s space, you may be asked to move or leave the festival. No refund will be given in this situation.

The submitted vendor application does not guarantee acceptance into the Morden Corn & Apple Festival. If you are accepted into the festival, you will receive a confirmation letter along with an invoice for your fees. It is only when your fees are paid in full we consider you booked in as a festival vendor.