FOOTHILL SWAP MEET

POLICIES AND RULES

EFFECTIVE FEBRUARY 17, 2011

Issued to:__________________________________________________________

0
 FOOTHILL SWAP MEET OPERATIONS
POLICIES & RULES

The following policies and rules (“Policies and Rules”) govern Foothill Swap Meet (“Swap
Meet”) located at 1000 West Foothill Boulevard, Glendora, California (the
“Site”) operated by Nationwide Theatres Corp. dba Foothill Swap Meet
(the “Swap Meet Manager”) or any of its affiliated entities or
subsidiaries.

INTRODUCTION

These Policies and Rules govern the conduct of each vendor/seller (“Seller”), and each
Seller’s assistants, employees, associates, agents and contractors on the Site, including
without limitation, the interior sales areas, parking lots, walkways, ticket lines, entrance
gates and other exterior areas.

The purchase of a ticket, reservation or permit to sell constitutes an agreement by each

Seller to comply with all the Policies and Rules of the Swap Meet and all applicable local,
state, and federal statutes, ordinances, rules, regulations and laws. Swap Meet Manager
reserves the right to revoke tickets or permits to sell at any time, and to remove from the
Site, with refund of any unused fee, any Seller who violates these Policies and Rules.

The Swap Meet Manager reserves the right to amend or add to these Policies and Rules
at any time and from time to time in its sole discretion, by written notice to Seller that is
either delivered to Seller or posted at the Site. Each Seller has a continuing obligation
each day the Swap Meet is open to review all notices posted at the Site by Swap Meet
Manager, and each Seller is obligated to comply fully with all amendments and changes
to these Policies and Rules. Swap Meet Manager shall not be required or obligated, and
does not agree, to provide individual notice of any amendment or addition to these
Policies and Rules.

Swap Meet Manager reserves the right to withhold consent, with or without cause, in its
sole discretion, to any request made by Seller pursuant to these Policies and Rules.

Any Seller who has any questions or problems should contact the On-Site Manager.

GENERAL POLICIES

Only the Seller who has purchased a license from the Swap Meet Manager to sell from a
space and such Seller’s designated assistants and employees may use the sales space
paid for by such Seller. Advanced reserved spaces can only be purchased at the Site
Reservation Office. Non-reserve/no-show/gate sale spaces may be purchased at the
entrance Box Office* or the Reservation Office* ( *Check with the Box Office or Reservation Office
for the correct location). Purchasing, borrowing, acquiring or using spaces from another
Seller is strictly prohibited.

1
Each Seller who sells merchandise must have a valid California Resale
Number from the State Board of Equalization (Seller’s Permit) with the
Site’s address (except in the case
of Sellers of services who do not also sell merchandise); provided,
however, that any Seller may sell garage sale items twice each year
without a Seller’s Permit to the extent allowed by applicable law.

1. Unless otherwise posted, the Swap Meet closes to the public at 3:00 p.m.*
and Sellers must be off the Site by 5:00 p.m.* ( *Times may vary. Check with the
Reservation Office for Exact time). Any Seller who fails to vacate the Site by 5:00
p.m. shall pay a late departure charge of $40.00 per incident. Such payment
shall be in addition to all other remedies available to Swap Meet Manager.

2. All unused or discarded items must be taken off the sales space and may not
be dumped in any Site trash receptacle. Any Seller who leaves trash in or on
his or her space shall be charged a clean-up fee of $40.00 for each offense.

3. Sellers shall limit their sales activities to the confines of their spaces (behind
the lines).

4. Each Seller is responsible for the actions of (and any damage to the Site or
other Sellers caused by) his or her assistants, employees, associates,
helpers, agents, contractors, relatives and children.

5. Electricity, if available, may only be used by those spaces designated by the

Swap Meet Manager, and only if heavy duty UL approved cords are used.
Cords must be safety routed and may not lie on the ground across any aisle
way. A charge for electricity use shall be collected by the Swap Meet
Manager.

6. Each corner support used to erect a canopy above a Seller’s space must be
weighted in a safe manner and firmly attached to the support as well as
either securely tied to the back of the Seller’s vehicle (if possible) or tied to
extra weight. (BUNGIE CORDS MAY NEVER BE ATTACHED TO
WEIGHTS).

7. All displays must be safely constructed so as not to constitute a hazard or

nuisance to the public.

8. All Sellers must park their vehicles within the parking area in their space (if
space is provided). Only one vehicle per space is allowed.

9. No pets are permitted at the Site, except State approved service dogs.

10. No public address (P.A.), voice amplification or directional devices may be

used that, in the sole discretion of the Swap Meet Manager, are deemed to
be excessively loud or intrusive.

2
 11. Each Seller’s space receipt must be available at all times for inspection by
Swap Meet Manager.

12. The speed limit on the Site is 5 mph. Driving in the interior sales area is not
permitted between 6:00 a.m.* and 12:00 p.m.* ( *Times may vary. Check with the
Reservation Office for Exact time)

13. Soliciting donations from patrons, Sellers, or employees by non-profit

organizations is not permitted.

14. Free speech activities, including distribution of fliers, collecting signatures for
petitions, or any forms of advertising, may be conducted only on numbered
swap meet spaces for which a license has been purchased at the regular
space fee. Auctioneering is not permitted.

15. Sellers are temporary licensees of the Swap Meet and are not owners,
tenants or subtenants. No Seller has any right, title or interest in or to the Site
or the Swap Meet other than as a temporary licensee whose license may be
terminated at any time by the Swap Meet Management in its sole and
absolute discretion, with or without cause. Space sizes and prices are
subject to change without notice. In the event Swap Meet operations at the
Site are terminated, reduced in size or scope, closed, enjoined, prohibited,
sold or relocated to another site, regardless of cause, Swap Meet Manager
shall endeavor to provide Sellers with at least thirty (30) days prior notice
thereof, to the extent reasonably possible. Swap Meet Manager shall have
no liability if such notice is not given. All rights and licenses of any Seller
shall terminate upon the effective date of such termination, reduction in size
or scope, closure, injunction, prohibition, sale or relocation.

16. All identifiable merchandise displayed, sold or exchanged on the Site is

subject to listing or referral to Local, County, and State & Federal law
enforcement agencies.

17. There are no refunds or rain checks.

18. Swap Meet Manager reserves the right in its sole and absolute discretion to
evict any Seller that violates these Policies and Rules.

RESERVED SELLERS

1. Monthly reservations must be renewed for the next month by the last Swap Meet
day of the current month. In the sole and absolute discretion of the Swap Meet
Manager, late renewals may be assessed a late fee. Spaces not so renewed will
be made available to the general public. Each time a space is renewed, the
Seller must present positive identification and a valid Seller’s Permit, if
applicable.

2. Any Seller who is and has been in good standing at the Site for one (1)
continuous year may place his or her space “on vacation” for up to one (1) month
in any 12 month period. For purposes of this provision, “on vacation” means that

3
 the space will be used by others, but held for the Seller upon his/her return. The
Seller must also leave the space in a clean condition, free of debris and any
personal property belonging to the Seller.

3. Reserved Sellers shall be admitted through the designated Sellers’ entrance only.
Non-reserved Sellers shall enter through the designated Box Office. Sellers must
check in and enter the Swap Meet field by 8:00 a.m.,* ( *Times may vary. Check with the
Reservation Office for Exact time) and must have a paid reservation receipt ready to be
checked.

4. Reserved Sellers who have not checked in by 6:30 a.m.* and occupied their
space(s) by 8:00 a.m.* ( *Times may vary. Check with the Reservation Office for Exact time)
shall forfeit all rights and fees to the sales space for the entire day. No refunds of
fees shall be made. If possible, a daily license for each such space shall be
resold by Swap Meet Manager only. Any tardy Reserved Seller who still wishes to
sell may purchase any available space at the regular space fee.

5. No Seller may change the type of merchandise sold without prior written approval
of the Swap Meet Manager.

MERCHANDISE

1. The Swap Meet Manager reserves the right in its sole and absolute discretion to
prohibit ANY GOOD, ARTICLE, ITEM OR SERVICE from being sold or swapped
at the Site. The following is a partial list of goods, articles, items and services that
are PROHIBITED AT THE SITE AND FROM SALE AT THE SWAP MEET:

 Weapons of any type, including without limitation, firearms, fighting

knives, daggers, double edged/brass-knuckle dirks, ninja sticks, etc;
 Aerosol cans of spray paints; chemical sprays; indelible markers of any
kind;
 Unauthorized food and beverages, including alcoholic beverages and
cigarettes
 Grab bags and games of chance (including lottery tickets and fortune
tellers and spiritual advisors); discount coupons; gift certificates;
 Hashish pipes, roach clips and any kind of drug paraphernalia;
 Any “Adult” material which could be objectionable to family clientele;
 Animals, birds, pets, reptiles and any other living thing except plants;
 Fireworks and “poppers”; prescription and illegal medicines and
controlled substances; and contact lenses.
 New, used or pre-owned designer or famous name brand luxury goods,
products or accessories (for example, Coach, Louis Vuitton, Chanel,
Prada, Michael Kors, Christian Dior, Gucci, Jimmy Choo, Christian
Louboutin, Birkin, Givenchy, Pucci, Celine, Marc Jacobs, Hermes, Fendi
and Dolce & Gabbana) including, without limitations, handbags,
backpacks, purses, wallets, luggage, belts, jewelry, perfume, scarves,
sunglasses, gloves, and shoes.

4
  Any counterfeit item or replica of a trademarked item, including, without
limitation, counterfeit or copies of CD’s, DVD’s, audio or video cassettes,
clothing or any other goods or merchandise.
 Firearms of any kind (whether real or replica), components for firearms,
ammunition and explosives.
 Automobiles, trucks or motorcycles or any other motor driven vehicle
which can be used for transportation (except as permitted above).

2. Kitchen knives, pocket knives, swords, bayonets, hunting knives, axes, hatchets,
and scissors must be displayed under glass in a case.

3. Sale of pre-recorded audio cassettes, video cassettes, DVD’s or CD’s is

prohibited unless Seller has proof of purchase from authorized dealers of such
items.

4. Voice and/or music coming from any space must be of a volume acceptable to
Swap Meet Management in its sole and absolute discretion. Excessively loud
sound from any space may result in the permanent loss of the space.

5. The sale of any new, used or pre-owned designer or famous name brand luxury
goods, products or accessories (for example, Coach, Louis Vuitton, Chanel,
Prada, Michael Kors, Christian Dior, Gucci, Jimmy Choo, Christian Louboutin,
Birkin, Givenchy, Pucci, Celine, Marc Jacobs, Hermes, Fendi and Dolce &
Gabbana) including, without limitations, handbags, backpacks, purses, wallets,
luggage, belts, jewelry, perfume, scarves, sunglasses, gloves, and shoes, will
result in the following penalties:

Upon First Violation – A written warning will be issued to the Seller.

Upon Second Violation – Seller’s privileges to sell at the Site will be suspended
for 30 days. No refunds for pre-paid fees or amounts will be given.

Upon Final Violation – Permanent suspension of Seller’s selling privileges at the

Site. No refunds for pre-paid fees or amounts will be given.

6. The sale of any counterfeit item or replica of a trademarked item, including,

without limitation, counterfeit or copies of CD’s, DVD’s, audio or video cassettes,
clothing or any other goods or merchandise, will result in the following penalties:

Upon First Violation – A written warning will be issued to the Seller.

Upon Second Violation – Seller’s privileges to sell at the Site will be suspended
for 30 days. No refunds for pre-paid fees or amounts will be given.

Upon Final Violation – Permanent suspension of Seller’s selling privileges at the

Site. No refunds for pre-paid fees or amounts will be given.

Swap Meet Manager reserves the right to confiscate from any Seller any
counterfeit item or replica of a trademarked item displayed or offered for sale.

5
 FOOD AND MEDICINE

1. Packaged over-the-counter medicines, bulk foodstuffs in minimum packages of 5

lbs., nuts in sealed packages, and beverages in sealed cases may be sold,
provided that ingredient labels are in English and packaging is sealed for
consumption off the Site.

2. Each produce-Seller must (1) obtain a Reserved Space and Swap Meet Manager
approval before selling produce, (ii) have valid Health Permit from the County in
which the Site is located, and (iii) have properly certified weight scales that
comply with City, County, and State Food and Health Department regulations. No
cutting, sampling, or preparation of produce is allowed on the Site.

3. No cheese, eggs, or other dairy products may be sold at the Site.

4. No food item, candy or beverage (individually packaged and intended for

consumption by one person) may be sold without prior written consent from the
Swap Meet Manager. Swap Meet Manager, in its sole and absolute discretion,
may charge a “Food Consumption Fee” in addition to the regular space fee to
Sellers of food items, candy or beverages. Any Seller who attempts to sell such
items without the Swap Meet Manager’s prior written consent shall pay a fee of
$25.00 for the first attempt, and such additional amounts as Swap Meet Swap
Meet may determine in its sole and absolute discretion for any subsequent
attempts.

INDEMNIFICATION AND WAIVER

SELLERS DO BUSINESS AT THEIR OWN RISK

The following paragraphs describe each Seller’s obligation to indemnify the Swap Meet
Manager and Citrus Community College District (the “Site Owner”) and waive his
or her rights to sue the Swap Meet Manager and the Site Owner. You are advised to
contact an attorney of your choice to explain the legal consequences of the Policies and
Rules, including the paragraph below.

1. Each Seller shall indemnify, defend (with counsel acceptable to Swap Meet
Manager and Site Owner), reimburse and hold harmless Swap Meet Manager
and Site Owner, and their respective members, shareholders, managers, officers,
directors, affiliated entities, parents, subsidiaries, employees, agents and
contractors (collectively “Owner Parties”), from and against any and all claims,
actions, costs, liabilities, lawsuits, penalties, fines, damages, losses and
expenses of any kind (including, without limitation, attorneys’ fees and costs of
litigation as and when due) arising from or incurred in connection with (i) Seller’s
operations at the Site, (ii) Seller’s violation of these Policies and Rules (iii)
Seller’s sale or exchange of any merchandise at the Site, (iv) services performed

6
 by Seller at the Site, or (v) any other act, omission or use of the Site or conduct
by the Sellers and/or his or her personnel, helpers, agents, employees, visitors,
guests or representatives.

2. The Swap Meet Manager disclaims any and all responsibility and liability of every
kind or nature for any loss, theft or damage to items of personal or business
property (including but not limited to merchandise and vehicles) on the Site,
including the parking lots.

3. In consideration for the license or right to do business at the Site as described

herein, to the extent permitted by applicable law, each Seller fully, forever and
irrevocably releases the Swap Meet Manager, the Site Owner and all Owner
Parties and waives any right to sue or make any claim, and covenants never to
institute any action or lawsuit, against the Swap Meet Manager, the Site Owner
and all Owner Parties for any losses, claims, actions, costs, liabilities, indemnity,
damages or expenses of any kind arising from or incurred in connection with (i)
Seller’s operations at the Site, (ii) Seller’s violation of these Policies and Rules,
(iii) Seller’s sale or exchange of any merchandise at the Site, (iv) services
performed by Seller at the Site, (v) any other act, omission or use of the Site or
conduct by the Sellers and/or his or her personnel, helpers, agents, employees,
visitors, guests or representatives, (vi) any alleged acts or omissions of the Swap
Meet Manager; and (vii) conditions at the Site.

SWAP MEET MANAGER RESERVES THE RIGHT AT ANY TIME AND FROM ANY TIME
TO TIME TO AMEND THESE POLICIES AND RULES AS IT DETERMINES IN ITS SOLE
AND ABSOLUTE DISCRETION.

7
 NOTES

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

8
 ACKNOWLEDGEMENT OF RECEIPT

FOOTHILL SWAP MEET OPERATIONS

POLICIES & RULES

I, _____________________________________________________________________,
A SELLER AT FOOTHILL SWAP MEET LOCATED AT

SPACE #_____, 1000 WEST FOOTHILL BOULEVARD, GLENDORA, CA 91741

RECEIVED A COPY OF THE POLICIES AND RULES ON THE

_______________ DAY OF ______________________________________, 20_______.

SIGNED:_______________________________________________________________

ACUSE DE RECIBO

OPERACIONES DEL EVENTO DE INTERCAMBIO DE FOOTHILL

POLÍTICAS Y NORMAS

Yo, ______________________________________________________,

VENDEDOR DEL EVENTO DE INTERCAMBIO DE FOOTHILL UBICADO EN EL

ESPACIO N.º _____, 1000 WEST FOOTHILL BOULEVARD, GLENDORA, CALIFORNIA

91741

RECIBÍ UNA COPIA DE LAS POLÍTICAS Y NORMAS EL

DÍA _____ DE ______________ DE 20_______.

FIRMADO POR: _____________________________________________