There is a $25.00 application fee.
Please remit to: 1875-A S. 14th Street, Fernandina Beach, FL 32034
There is an annual $10.00 re-newal fee for ALL returning vendors.
Please note - The Fernandina Beach Arts Market is now only $25.00/week, plus 7% sales tax.
For more information send an email to info@FernandinaBeachArtsMarket.com .
This Market Stall Lease (this Agreement) is made this day of ___________________, 2016 (the effective date) between the
PROPERTY OWNER AND MANAGER: Fernandina Beach Market Place (Harrell Land, LLC.) 1875-A S. 14th Street, Fernandina Beach, FL 32034
PHONE AND EMAIL:_____________________________________
1. Lease. Owner hereby rents and leases to Vendor the Stall, as identified below, during the Fernandina Beach Arts Market for the Permitted Use on each event day during the Term, and Vendor agrees to pay rent to Owner as set forth herein and perform all other agreements set forth herein.
2. Market Area.
(A)The Market Area is described as: Fernandina Beach Arts Market, located adjacent to the farmers market located on North Seventh Street in Fernandina Beach, Florida, between Centre and Alachua Streets. The property is located in historic, downtown Fernandina Beach.
(B)The Market Area is described as: The Fernandina Beach Arts Market, located adjacent to the Fernandina Beach Market Place farmers market, in Fernandina Beach, Florida.
3. Term and Rent: Each rental at the Fernandina Beach Arts Market is $25.00 per 10' X 10' booth space plus 7% tax.
4. Rent. Vendor agrees to remit payment to Owner
Vendors agree to remit payment pursuant to the selected term as specified in Section 3 of this agreement. Vendor will remit payment in advance to the Owner on the payment schedule as determined by the Owner. All payments shall be payable to Fernandina Beach Arts Market and mailed to 1875-A South 14th Street, Fernandina Beach, FL 32034, or remit to market manager during event.
5. Refunds. Owner will not refund any rent payments made unless Owner is unable to provide the Stall or space of approximate equal area to the Stall. The Market is open rain or shine and unfavorable weather does not warrant a refund or a credit to any vendor. Vendors who fail to set up in a pre-paid Stall by 8:30 a.m., on any event day during the Term, have forfeited that Stall and any Rent paid in advance, and Owner can reassign that Stall to another vendor. Late set-up may result in suspension from the Arts Market.
6. Event Sale Hours/Clean UP. Vendor may not arrive or set up any earlier than 7:00 a.m. and may not make any sales of product or merchandise before 8:00 a.m. Vendor must operate at the Stall fully set up until 1:00 p.m. on each day of the Event during the Term. Vendor shall be responsible for final clean up of the Stall including complete removal of all tables, boxes, tent, chairs, trash and other waste, products and equipment used for clean-up purposes and any other materials used for the sale or display of any and all merchandise, no later than 2:00 p.m. on each Event day.
7. Safety/Rules and Regulations. Vendor shall take all reasonable precautions for the safety of its employees, workers, volunteers and all customers and visitors shopping in the Market Area and around its Stall. Vendors shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of the Market Manager OR any City of Fernandina Beach official bearing on the safety or protection of persons or property located on or near the Market Area, and in or around the Stall.
Vendor shall comply and cause its employees and assistants to comply with any reasonable rules and regulations established by the Owner, including but not limited to the Fernandina Beach Arts Market Rules and Regulations. Vendor hereby acknowledges receipt of a copy of the Rules. Owner may change or alter the Rules as it deems necessary or appropriate for the overall good of the Market Area.
8. Permitted Use. Vendor may only use the Stall for the sale of those items designated on the application and on Exhibit A, unless otherwise permitted in writing by Owner.
9. Insurance Coverage. All Vendors must carry personal liability insurance and product liability insurance. Proof of such insurance coverage shall be provided to the Market Place owners upon request.
10. Indemnification. Vendor shall defend, indemnify and hold Owner any parents, affiliates, principals, agents and employees of either and both, and any other owners harmless from any against any and all claims whatsoever arriving in any way out of Vendor's acts or omissions in, on and about the Market Area and the activities therein.
11. Assignment. Owner may reassign space in the Market Area as it deems necessary and in its sole discretion, provided that Vendor is given a space of equal area for which Vendor paid for in advance. Vendor may not assign this lease or allow other to use the Stall without prior written consent from Owner.
12. Termination. This Agreement shall automatically terminate if Vendor does not timely pay Rent or fails to fully comply with any of the terms of this Agreement. In addition, Owner shall have the right to terminate this Agreement upon seven (7) days written notice to Vendor if Owner receives three (3) or more complaints about a Vendor's product, performance or conduct during the Term.
13. Vendor's Exclusive Remedy. Vendor acknowledges and agrees that its sole and exclusive remedy under this Agreement against Owner for any reason shall be to require Owner to refund rental charges not earned by the Owner. Vendor waives any and all other rights or remedies which might be available in equity or in law, including the right to seek damages whether special, incidental, consequential or otherwise.
14. Attorney's Fees. If any party hereto shall bring any suit or other action against another for relief, declaratory or otherwise, arising out of this Agreement, the losing party shall pay the prevailing party's reasonable costs and expenses, including reasonable attorneys' fees and court costs. The parties have caused this Agreement to be executed by their duly authorized representatives on the date first above set forth.
FERNANDINA BEACH MARKET PLACE (HARRELL LAND, LLC)