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
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. The entire balance of Contracted amount owed as listed in this Vendor Contract must be paid in full. Failure to pay the entire balance of Contracted amount owed will result in your Alaska Permanent Fund Dividend may also be garnished until your debt is paid in full. In addition, a debt collections case being opened against you and your business, in which case you will be responsible for the full amount of the delinquent debt and any additional fees associated with collection of the past due debt including but not limited to; debt collection agency fees, court costs, postage, printing, etc.
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. MARKET AREA
The Market Area is more particularly described as the area in which the 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 or total square-footage in the 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 Market Area (and the air space above this area, to a height of 8 feet) within the area designated as the Contracted Space. This Contract confers no right with respect to the subsurface below the surface of the Market Area; no right with regard to air space above a height of 8 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, and 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 Market Area.
ALASKA MARKETS & EVENTS, INC.’S 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 Market Area, 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 event credit, pre-paid charges to Vendor if Alaska Markets & Events, Inc. cannot provide Vendor the same number of spaces or same total square footage called for hereunder or if a presently scheduled 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 Market that did not occur, minus 50% of paid fees which will be forfeited by vendor. Vendors who do not occupy reserved or pre-paid space by 10:00 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.
B4. 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.
Market Payment Terms
A convenience fee of 3.8% for each payment will be added for payments made using credit cards.
Note: Failure to pay on time under any of the above payment options will result in a $50.00 late payment fee. This fee will be reassessed every 10 days until the Vendor invoice is paid in full.
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.
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, 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.