Note: You are entering into a legal binding agreement and contract for the full financial amount of the Agreement amount plus surcharges and fees, if applicable. No refunds, credits or discounts will be made other than as addressed in the Agreement. *
A1. BALANCE OWED
The entire balance of Contracted amount owed as listed in this Vendor Contract must be paid in full. In the event any balance of the Contracted amount owed is not paid when due, at the option of Alaska Markets & Events, Inc., any reserved space may be re-sold, and the amount paid shall be forfeited. Failure to pay the entire balance of Contracted amount owed will result in a debt collections account being opened against you and your business, your Alaska Permanent Fund Dividend may also be garnished until your debt is paid in full.
A2. FOOD AND MERCHANDISE
If no charge is shown on the Vendor Contract and/or included on the Vendor’s Invoice, at Food Vendor rates, Vendor agrees that Vendor shall not sell, from the Contracted Space, food or beverage products which are reasonably determined by Alaska Markets & Events, Inc., in its discretion, to be generally intended for consumption at or near the point of sale. Vendor also agrees that if Vendor sells merchandise, it shall only sell new items or items, which Alaska Markets & Events, Inc. determines in its discretion, to be authentic antiques or collectibles generally recognized as valuable among a broad base of collectors. Should Vendor fail to comply with these restrictions, this shall be a breach of this Contract by Vendor and Alaska Markets & Events, Inc. shall have the immediate right to terminate this Contract and exercise other remedies available to the Alaska Markets & Events, Inc.
A3. ANCHORAGE MARKET AREA
The Anchorage Market Area is more particularly described as the area in which the Anchorage Market conducts business and is not tied in any way to a physical location. Physical locations may change by day, by week, by month or by year.
A4. ALASKA MARKETS & EVENTS, INC.’S RIGHT TO SUBSTITUTE SPACE/LIMITS ON CONTRACTED SPACE
Alaska Markets & Events, Inc. reserves and Vendor grants the right to Alaska Markets & Events, Inc. to substitute spaces other than the Contracted Space, at any time and for any reason whatsoever, in Alaska Markets & Events, Inc.’s sole and absolute discretion, provided that Vendor is provided with, at a minimum, the number of spaces and total square-footage in the Anchorage Market Area for which Vendor has paid, in advance, the sales charges set forth herein. Vendor specifically acknowledges and agrees that the Contracted space shall include only the area of the surface of the Anchorage Market Area (and the air space above this area, to a height of 15 feet) within the area designated as the Contracted Space. This Contract confers no right with respect to the subsurface below the surface of the Anchorage Market Area; no right with regard to air space above a height of 15 feet; and no right to an easement for light or air.
A5. VENDOR’S INDEMNITY
Except for those matters caused solely by Alaska Markets & Events, Inc.’s intentional (as opposed to negligent) actions, or those of its agents, servants, employees, or contractors, Vendor shall indemnify, defend, save and hold Alaska Markets & Events, Inc. harmless from and against any and all claims, suits, actions, damages, liabilities or expenses (including actual attorney’s fees and costs) arising from or out of, or in any way related to or connected with, Vendor’s occupancy of the Contracted Space or the use by Vendor or its agents, servants, employees, or contractors, guests, or invitees of the Contracted Space or the Anchorage Market Area.
ALASKA MARKETS & EVENTS, INC. RIGHTS
B1. Should Vendor default in payment or performance of any obligation of Vendor hereunder, Vendor agrees that Alaska Markets & Events, Inc. shall have, in addition to each and every remedy available at law or in equity, the following rights and remedies which may be exercised by Alaska Markets & Events, Inc. at its discretion and without prior notice to Vendor: the right to self-help enforcement of Vendor’s obligations and Alaska Markets & Events, Inc.’s rights, the right to specific enforcement of Vendor’s obligations, the right to immediate possession of the Contracted Space, the right to physically remove all of Vendor’s property, from the Contracted Space and from the Anchorage Market Area at Vendor’s sole expense, and the right to store, dispose, or discard any or all of such property at Alaska Markets & Events, Inc.’s sole discretion and at Vendor’s expense and on Vendor’s account.
B2. Alaska Markets & Events, Inc. reserves the right to terminate this Contract at any time, to shorten the term of this Contract by months, by weeks, by days, by hours, or by minutes, and to make different, fewer, or less Contracted Space available to Vendor, for any reason or for no reason, all in Alaska Markets & Events, Inc.’s sole and absolute discretion, and without prior notice to Vendor.
B3. Alaska Markets & Events, Inc. shall only be required to credit by method of Alaska Markets & Events, Inc. event credit, pre-paid charges to Vendor if Alaska Markets & Events, Inc. cannot provide Vendor the same number of spaces called for hereunder or if a presently scheduled Anchorage Market does not occur at all. In such event, Alaska Markets & Events, Inc. shall credit to Vendor only that portion of Vendor’s pre-paid rental charges applicable to the amount of space Alaska Markets & Events, Inc. did not make available to Vendor or applicable to the Anchorage Market that did not occur. Vendors who do not occupy reserved or pre-paid space by 9:00 a.m. on a Contracted day have forfeited the right to the space and any sale or deposit monies, freeing Alaska Markets & Events, Inc. to reassign the space(s) to another or other Vendors, for the balance of that day.
B7. VENDOR’S EXCLUSIVE REMEDY
Vendor acknowledges and agrees that its sole and exclusive remedy under this Contract shall be to require Alaska Markets & Events, Inc. to credit rental charges not earned by Alaska Markets & Events, Inc. as set forth herein. Vendor specifically waives any and all other rights or remedies which might otherwise be available to Vendor at law or in equity, specifically including the right to seek damages, including but not limited to lost profits, whether special, incidental, consequential or otherwise, except only the right to seek credit of pre-paid rents not earned by Alaska Markets & Events, Inc. as set forth herein.
Vendor acknowledges and agrees that it has reviewed, read and understands the Anchorage Market Vendor Handbook (“Handbook”) provided by Alaska Markets & Events, Inc.. All of the terms and provisions of the Handbook are incorporated into this Contract, are a part of this Contract, and define and limit rights and responsibilities of Alaska Markets & Events, Inc. and Vendor. Specifically, the Handbook contains important provisions, which, among other things, set forth Alaska Markets & Events, Inc.’s rules and regulations and place restrictions on Vendor’s use of the Contracted Space. By signing this Contract, Vendor accepts and agrees to be bound by these, and all other terms and provisions set forth in the Handbook.
B9. Anchorage Market Food Vendor Supplement to Vendor Handbook
Vendor’s selling food prepared onsite and/or intended for consumption onsite, acknowledges and agrees that it has reviewed, read and understands the Anchorage Market Food Vendor Supplement section in the Handbook provided by Alaska Markets & Events, Inc.. All of the terms and provisions of the Anchorage Market Food Vendor Supplement are incorporated into this Contract, are a part of this Contract, and define and limit rights and responsibilities of Alaska Markets & Events, Inc. and Vendor. Specifically, the Anchorage Market Food Vendor Supplement contains important provisions, which, among other things, set forth Alaska Markets & Events, Inc.’s rules and regulations and place restrictions on Vendor’s use of the Contracted Space. By signing this Contract, Vendor accepts and agrees to be bound by these, and all other terms and provisions set forth in the Handbook.
Anchorage Market Payment Plans
- Pay in Full: Vendors who select this option and/or Vendors that are not offered an extended payment option are required to pay their balance in full for the terms of this Contract when due.
- Extended Payment Options:
Option 2: Minimum 50% due today. A Vendor who Contracts 7 or more Saturdays and 7 or more Sundays may request to extend their total balance due into two equal 50% payments. The first 50% payment must be paid at the time of registration and the second 50% payment must be made on or before June 1, 2024.
Option 3: Quarterly Payment Option. A Vendor who Contracts 15 or more Saturdays and 15 or more Sundays may request the quarterly payment option. First quarterly payment due upon Contract approval by Market Manager. 25%(minimum) due on or before May 1, 2024. 25%(minimum) due on or before June 1, 2024. 25%(minimum) due on or before July 1, 2024. *
Option 4: Monthly Payment Option: Standard Payment Terms
A Vendor who Contracts 7 or more Saturdays and 7 or more Sundays may request to extend their total balance due payments into smaller amounts that are payable through August 1, 2024 and no less than 4 of Vendors contracted weekends prior to Vendors final contracted weekend. A surcharge of $10.00 per space and per contracted weekend will be added to Contracted amount. A nonrefundable deposit payment of not less than $400.00 is due at Contract signing for regular vendors and a nonrefundable deposit of not less than $600.00 is due at signing for food vendors. Monthly payment amount will be calculated by number of months from the date Contract is signed by Vendor until the final payment date of August 1, 2024 and rounded to the nearest +$50). Monthly payments are due on the first day of each month no later than 12:00 PM AST, with a grace period until the fifth day of each month. Payment is due even if Vendor fails to participate, for any reason or no reason at all. Vendors should make their monthly installment payment directly through the Vendors invoice to avoid any possible late payments or by contacting Alaska Markets & Events, Inc. during regular business hours.
Option 5: Daily Purchase
Vendors may elect to purchase their booth space on a daily or weekend basis without obtaining an assigned booth space or table space for the season. Full payment is due prior to set-up of booth or table each day of participation.
For Vendors convenience, Alaska Markets & Events, Inc. will contact those Vendors who have requested any payment option to discuss payment arrangement and terms.
A convenience fee of 4% of each payment will be added for all online payments.
Note: Failure to pay on time under any of the above payment options will result in a $100.00 statement charge being added to help offset cost of collections as detailed in the Anchorage Market Vendor Handbook located under Administrative Late Fee.
Note: By signature on the Contract Agreement, you are entering into a legal binding agreement and contract for the full amount of this Contract Agreement plus surcharges and fees, if applicable.
No refunds, credits or discounts will be made other than as addressed in this Agreement.
Collections:
C1. In the event that Vendor shall default in any way on Vendors obligations under this Agreement, including without limitation to the failure to make a timely payment, Vendor shall be liable to Alaska Markets & Events, Inc. for all costs paid for or incurred by Alaska Markets & Events, Inc. for collections including, but not limited to professional debt collection fees, process server fees, attorney’s fees, court costs, expert witness fees, travel and accommodation expenses, deposition, trial transcripts, postage, copies and other similar costs and fees, as a result of such Vendor Default, regardless of whether or not legal proceedings are actually commenced.