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POP UP SHOP

VENDOR CONTRACT:
This contract sets forth the terms and conditions of an agreement between the Franciscan
Community Center (FCC) and the Pop Up Shop Vendor (Vendor) governing the
Vendors participation in the 2016 Pop Up Shop fundraising event (Event). The FCC
and the Vendor mutually agree as follows:
Article 1. Place, Date & Time
1.1
The Vendor shall be provided space for the display and sale of the Vendors
merchandise at the FCC (214 West 97th Street; New York, NY 10025). The fundraiser
shall be held on Saturday, April 23, 2016 from 11:00 AM to 5:00 PM.
Article 2. Financial Considerations
2.1
As consideration for participating in the Event, the Vendor shall pay a $100 nonrefundable Vendors space rental fee to the FCC upon accepting the terms of this
Contract. The FCC will provide the Vendor with a 6-foot table for the display and sale of
the Vendors merchandise and, upon approval from the FCC, will provide additional
floor space for other display units (e.g. racks, easels or equipment). The Vendor is
responsible for supplying any necessary tabletop displays and linens, in addition to the
aforementioned pre-approved racks, easels, etc. Payment is due and payable online.
Failure of the Vendor to pay the agreed-to fee by Friday, April 15, 2016 shall be subject
to the review of the FCC and may be considered in default.
2.2
During the Event the Vendor agrees to use receipt booklets provided by the FCC.
A copy of each sales receipt, clearly listing the subtotal prior to taxes, must be retained
for submission to the FCC at the close of the Event so that the Vendor commission
(described below) may accurately be calculated.
2.3
At the close of the Event the Vendor shall remit to the FCC 20% of all sales and
orders in excess of the $100 space rental fee threshold (excluding any NYS and/or NYC
sales tax, which the Vendor shall be responsible for collecting and paying to the
appropriate tax authorities). The Vendor shall be required to pay the agreed-to
commissions either via check made payable to the Franciscan Community Center or
via online payment as coordinated with a designated FCC Staff member on the day of the
Event.
Article 3. Installation & Tear Down
3.1
The Vendor shall be required to have all merchandise attractively displayed
before 10:30 AM on Saturday, April 23, 2016 and shall not remove any unsold
merchandise until the close of the Event at 5:00 PM. Upon close at 5:00 PM, the Vendor

shall have one hour to break down displays and merchandise and remove all items from
the FCC.
3.2
The Vendor may bring any racks or display units that fit within the assigned space
of after receiving approval from the FCC. Should the Vendor require access to electrical
outlets or has other specific requirements, the Vendor should discuss options with the
FCC Staff upon submission of the Contract. The FCC shall make reasonable efforts to
support Vendor needs, however, the FCC may be limited based on the facilities.
3.3
The Vendor shall not make any permanent alterations to the FCCs property
unless permission to do so is granted in advance of the Event.
3.4
The Vendor shall be responsible for providing any necessary supplies, except
receipt books, including, but not limited to: shopping bags, staplers, calculators and
business cards. Although the FCC has Wi-Fi, it cannot guarantee that all areas receive
adequate signal strength.
Article 4. Representations
4.1
The Vendor agrees that all work to be performed as described in this Contract shall be
the responsibility of the Vendor. No subcontracting of work shall be permitted without the
notification and approval of the FCC.
4.2
The Vendor, in accepting the terms of this contract, provides consent for the FCC to
use the Vendors name and/or any images obtained the day of the Event in flyers, brochures,
press releases, websites or other promotional materials.
Article 5. Disclaimers & Liability
5.1
The FCC reserves the right to cancel this Contract provided written notice of such
cancellation is given to the Vendor on or before Monday, April 18, 2016. In the event the
FCC cancels this Contract, the FCC shall return any fees paid by the Vendor pursuant hereto.
5.2
The FCC and Vendor mutually agree to perform all obligations of this Contract
except in those instances where said obligations are impossible to perform due to natural
disasters, acts of war or civil unrest. The party whose performance of its obligations
hereunder has become impossible due to such circumstances must immediately notify the
other party of the onset and abatement of such circumstances.
5.3
The Vendor acknowledges liability for damage and loss up to the full replacement
value of all property belonging to the FCC while that property is in use by the Vendor.
5.4
The FCC shall assume no liability or responsibility for personal injury, Vendors
property loss or damage, collections or other problems related to shopper sales (such as
merchandise quality or defect), or claims of any kind arising from the Vendors participation
in the Event.

Article 6. Governing Law


6.1
This Contract shall be construed in accordance with and governed by the laws of the
State of New York.