Vendors- Bill Me

You must read and agree to the 2024 Blenheim EquiSports vendor terms & conditions before submitting this form.

The undersigned vendor (“vendor”), as consideration to participate as a vendor at certain horse show events during the 2024 Blenheim EquiSports horse show season (each an “event”), hereby agrees to abide by the following terms and conditions (the “agreement”):

1. Vendor Application; Purpose.
The vendor must submit a vendor application (the “vendor application”) to Blenheim EquiSports management company, llc (“BES”), and the vendor application will not be effective unless accepted by BES, in its sole and absolute discretion. If the vendor application is accepted by BES, vendor will be permitted to set up a booth, tent, mobile unit or other display (collectively, a “booth”) during the event(s) specifically marked on the vendor application and at the applicable facilities relating to such event(s) (the “facilities”). Vendor acknowledges and agrees that this agreement constitutes nothing more than a license permitting vendor’s use of the authorized booth area of the facilities (the “licensed area”) for the sale of the products or services that are disclosed in the vendor application and approved by BES (the “authorized products”). Vendor may use the licensed area to sell authorized products for the event only on the days and only during the hours specified for the event. This agreement in no way imparts any possessory rights to vendor which are not specifically enumerated in this agreement, and this agreement is not a “lease” or “sublease”. Vendor shall have a non-exclusive right of ingress and egress to the common areas of the facilities, but the common areas may not be utilized by vendor for any purpose including, but not limited to, the promotion or sale of authorized products at the event. Vendor agrees to comply with all rules and regulations of BES for the facilities, including those set forth on exhibit A.

2. Fees.
Two weeks prior to each event in which vendor will participate, vendor will submit to BES payment in full for the applicable fee as set forth on the vendor rate schedule. Vendor will not be permitted on the facilities during the applicable event if such payment has not been received by BES.

3. Vendor Booth Set-Ups and Removal.
A. Vendor will provide its own materials, equipment and labor in order to set up its booth and acknowledges that BES will not provide any tents, water hoses, extension cords or any other equipment. Vendor’s booth placement on the facilities will be assigned by BES and a chart of the vendor placement will be posted in the applicable security checkpoint prior to the start of the event. Vendor agrees not to set up any booth anywhere on the facilities other than the location specified on the placement chart. Vendor will set up booth only during the hours of 12:00 pm to 5:00 pm on the Monday prior to the event and 9:00 am to 5:00 pm on the Tuesday prior to the event. Vendor agrees not to set up or tear down its booth or drop off or remove any materials or equipment WHILE THE EVENT IS IN PROGRESS.

B. Vendor will remove its booth as well as all materials, equipment and other property by 9:00 pm on sunday at the conclusion of the event. Failure to comply with move-out regulations will result in a $100 late move-out fine. Any booth, materials, equipment or other personal property left on the facilities after such time will become the property of bes and at the sole option of bes and at vendor’s expense will be either destroyed or returned to vendor. Vendor will leave the portion of the facilities occupied by its booth in the same condition as it was in prior to the event.

4. Insurance. VENDORS WILL NOT BE ALLOWED ON THE HORSE SHOW GROUNDS WITHOUT A VALID CERTIFICATE OF INSURANCE
Vendor shall obtain and keep in full force a policy of commercial general liability insurance (including but not limited to public liability, broad form property damage, personal injury, broad form contractual liability and owner’s contractors protective, and automobile liability, as required) with an insurance company or companies that is acceptable to bes in its sole discretion. The policies shall name vendor as the insured and bes, as well as the other entities listed below, as additional insured. The minimum limits of liability, which may be increased at BES’s sole discretion, shall be as follows:

I. Commercial General Liability Insurance
a. $1,000,000 per occurrence;
b. $2,000,000 products aggregate; and
c. $2,000,000 policy aggregate.

II. Automobile Liability Insurance
a. $1,000,000 per occurrence

III. Workers Compensation and Employers’ Liability
a. $1,000,000 E.L. each accident
b. $1,000,000 E.L. disease-each employee
c. $1,000,000 E.L. disease-policy limit

vendor will cause all such insurance policies to be properly endorsed to provide that the applicable insurance company or companies will provide BES thirty (30) days’ prior written notice of termination, alteration or change in the policies and ten (10) days’ written notice of non-payment of any premium. Bes may at all times inspect the policies carried by vendor. Vendor shall provide evidence of such insurance by depositing certificates of insurance along with additional insured endorsement and a waiver of subrogation endorsement (applies to general liability insurance only) with BES, at least thirty (30) days prior to each event in which vendor will participate. A sample of the certificate and endorsement is available on our website. The certificates and endorsements shall together provide that the following entities are additional insured’s and that such insurance afforded the additional insureds is primary and non contributing with any other insurance that the additional insureds
may carry:
1. Blenheim EquiSports Management Company, LLC, its officers,
managers, employees, owners, representatives and agents
2. Blenheim Facility Management, LLC, its officers, managers, employees, owners, representatives and agents
3. ACTION SPORTS MANAGEMENT GROUP, LLC, its officers, managers, employees, owners, representatives, agents
4. City of San Juan Capistrano, its officers, directors, employees, representatives and agents, servants and employees, and all subsidiary, affiliated or associated company, corporations, entities or organizations as may now or hereafter be constituted, that own, are related to or manage the property owned by such entities, are named as additional insureds and that such insurance afforded the additional insureds is primary and non-contributing with any other insurance that additional insureds may carry.
5. Release form. Vendor shall submit an executed express assumption of risk, release of liability, waiver of claims and indemnity agreement with this agreement.
6. Damages. Vendor agrees to pay all costs of repair and/or replacement for any and all damages of whatever origin or nature, which may have occurred on the facilities during the applicable event and are caused by vendor and/or its employees, agents, contractors, servants, invitees or guests. Such repair and/or replacement shall restore such damaged portion of the facilities and/or other property to a condition equal to that prior to the event. Any and all repair and/or replacement of any kind or nature shall be completed within three (3) working days after the conclusion of the event.
7. Permits and licenses. Vendor agrees to obtain any and all necessary licenses and permits applicable to vendor. Vendor agrees to follow all state, federal, local and united states equestrian federation (USEF) covid-19 guidelines and mandates for their specific business or industry to operate in a covid-19 environment.
8. Indemnification. To the fullest extent permitted by law, vendor expressly agrees to defend, indemnify and hold harmless BES, its affiliates, officers, agents, servants, managers, representatives, owners and employees and those parties named in paragraph 4 above (collectively, BES and all such parties, the “BES parties”), from any and all claims, demands, causes of action, damages, losses, expenses (including attorneys’ fees), judgment liens, encumbrances, orders, awards or other liability that arise out of or are in any way connected with vendor’s participation in the event(s) or attendance on the facilities or vendor’s products or services sold during the event(s), including but not limited to (a) claims related to personal injury or death, (b) claims of subcontractors, consultants, suppliers, material men or workmen, (c) claims of property damage or loss of use of property, and (d) other claims alleging negligent action or failure to act, or intentional or willful conduct, by vendor and its agents, employees, invitees, guests or anyone else for whom vendor is legally liable in connection with the event or vendor’s products or services. Vendor further agrees, at its own expense, to defend any claim, lawsuit or other action brought against any BES party founded upon the claim or allegation of such liability, damage or loss, regardless of whether any bes party or vendor ultimately may be found liable for such damage or loss. These indemnification and defense provisions shall be and remain in effect whether or not vendor maintains or fails to maintain any insurance coverage required hereunder.
9. Signs and displays. All advertising signage, product displays and the like of any kind or nature on vendor’s booth or elsewhere on the facilities and adjacent thereto must be submitted in writing to BES for its evaluation and may be used only if approved by BES in writing, with such approval to be given or withheld in its sole and absolute discretion.
10. Assignability. Vendor shall not assign, or any way transfer this agreement, any of its parts or any right, title or interest hereafter without the prior written consent of BES.
11. Termination. If vendor fails to perform any of its obligations set forth in herein, BES may refuse to allow vendor to participate in any event or to be on the facilities during any event. This right shall be in addition to any other right or remedy of BES. In the event of BES’s termination of this agreement following a breach by vendor, any sums paid to BES, whether as characterized as deposits or otherwise, shall constitute reasonable liquidated damages for the breach(es) and may be retained by BES in addition to any other claim BES may have. Vendor acknowledges that the liquidated damages sum represents a reasonable estimation of BES’s minimum damages in the event of a breach. Notwithstanding the foregoing, BES may terminate this agreement at any time and for any reason, in the sole and absolute discretion of BES. Upon termination of this agreement, vendor immediately shall remove its booth from the facilities.
12. Independent contractor. Nothing contained in this agreement shall be deemed or construed as creating a joint venture or partnership between BES and vendor. Vendor is an independent contractor and not an officer, employee, agent or servant of BES.
13. Amendment. These terms and conditions may not be altered, changed or amended unless vendor has the prior written approval of BES.
14. Governing law; construction. These terms and conditions will be interpreted, construed, and enforced in all respects in accordance with the laws of the state of California, without reference to its choice of law principles to the contrary. The vendor agrees that this agreement shall be deemed to have been entered into in orange county, California. The vendor will not commence or prosecute any action, suit, proceeding or claim arising under or by reason of this agreement other than in the state or federal courts located in orange county, California. The vendor irrevocably consents to the jurisdiction and venue of the courts identified in the preceding sentence in connection with any action, suit, proceeding, or claim arising under or by reason of this agreement.
15. Attorneys’ fees. In the event of any dispute arising out of the subject matter of this agreement, the prevailing party shall be entitled to recover its costs and expenses (including reasonable attorneys’ fees and expenses) incurred in resolving such dispute.
16. Severability. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstances, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions contained herein shall not be in any way impaired thereby, it being intended that all of the rights and privileges of the parties hereto shall be enforceable to the fullest extent permitted by law.
17. Covid-19 mitigation. Vendor agrees to self-monitor body temperature daily for the duration of the event and to maintain a temperature log for future use. Vendors with a temperature below or equal to 99.5° f (37.5° c) may enter the competition grounds. Any vendor who exhibits covid-19 symptoms or has been in contact with someone who has tested positive for covid-19 within the last two weeks cannot enter the competition grounds. Non-essential personnel such as family members or other guests are prohibited on the competition grounds.
18. Vendors will not be allowed on the horse show grounds without a valid certificate of insurance, additional insured endorsement rider and waiver of subrogation.
19. Electronic signature. Vendor agrees that the electronic signatures of the vendor included in this agreement is intended to authenticate this writing and to have the same force and effect as a manual signature.


Exhibit A
Rules and Regulations
These rules and regulations are attached to the vendor terms and conditions (the “agreement”) and vendor agrees to comply with the terms and conditions set forth below, as the same may be amended or modified by BES from time to time.
(a) Booths are not to be shared or sublicensed by any vendor.
(b) Vendors are only permitted to sell products and services approved by BES.
(c) All products must be licensed and authorized, i.e., non-counterfeit.
(d) Vendors are to dress appropriately, including the wearing of shirts and shoes at all times.
(e) No alcoholic beverages are permitted to be sold.
(f) Unless expressly authorized, no food or beverages may be sold.
(g) No smoking is permitted except, if applicable, in areas designated by BES.
(h) Any and all vendor signage is subject to the approval of BES. Without limiting the foregoing, signage must be neat and professional and must not be oversized to cause obstructions to the other vendors or structures on the property.
(i) The basic size of a booth is 10’x10’, however some additional overflow space may be allowed if needed and approved by BES staff.
(j) All merchandise must be displayed within the assigned booth space.
(k) Booths should be always kept neat and clean.
(l) All sales are the responsibility of each vendor. Bes, the city of San Juan Capistrano, the event producers, coordinators, affiliated members, volunteers and participants are not liable for any sales and/or levels of profits made by any vendor.
(m) Safety of visitors and fellow vendors is a priority. All setting up, breaking down and connecting electrical equipment shall be done in a safe and secure manner.
(n) Vendors are responsible for security for their booths including overnight. BES is released from any liability for lost, stolen or damaged merchandise.
(o) All vendors must comply with local health, fire and safety department codes. Vendors must also comply with all state, county and city code requirements.
(p) All vendors must provide a copy of their business license and seller’s permit and follow all city of San Juan Capistrano’s seller permit and business permit guidelines. Vendors must name the city of San Juan Capistrano as the point of sale when reporting sales tax to the state board of equalization.
(q) All vendors must submit proof of insurance as outlined in the agreement. BES and the city of San Juan Capistrano shall be named as additional insureds for all general liability insurance policies, and certificates of insurance shall be provided to city of San Juan Capistrano.

2023 Blenheim EquiSports Vendor Release of Claims
This express assumption of risk, release of liability, waiver of claims and indemnity agreement (this “agreement”) is entered into by the undersigned in favor of Blenheim EquiSports Management Company, LLC, its officers, directors, employees, owners, representatives and agents, managers, employees, owners, representatives and agents, Blenheim Facility Management, LLC, its officers, managers, employees, owners, representatives and agents, ACTION SPORTS MANAGEMENT GROUP, LLC, its officers, managers, employees, owners, representatives, agents,
the city of San Juan Capistrano, its officers, directors, employees, representatives and agents, subsidiary affiliated or associated company, corporations, entities or organizations and all subsidiary, affiliated or associated companies, corporations, entities or organizations as may now or hereafter be constituted, that own, are related to or manage the property owned by such entities, as well as the facilities upon which I will be setting up a vendor booth during a horse show competition (the “facilities”), and each of the facilities’ respective owners, managers, directors, officers, members, employees, agents and representatives, and all of the volunteers, affiliated organizations, successors and insurers to the aforementioned (collectively, all of the aforementioned being referred to as the “released parties”, and each a “released party”).
In consideration for my being permitted to participate as a vendor on the facilities during the 2024 Blenheim EquiSports horse show season, including but not limited to setting up a booth, display, tent or mobile unit (collectively, a “booth”) and selling products or services out of such booth to individuals attending the horse show (collectively, “vendor activities”), with or without supervision, I acknowledge and agree as follows:

1. Dangerous activity: I acknowledge that i will be performing the vendor activities during a horse show competition and that during my attendance on the facilities activities related to a horse show competition (“equestrian activities”) will be conducted on the facilities. I acknowledge that horses can be unpredictable animals and fully realize that there are certain dangers inherent in equestrian activities, including the risks of property damage, personal injury and even death. I recognize that even the best-trained horses can and often do react rapidly and in unpredictable ways to a variety of stimuli and even for no apparent reason at all. I understand that the actions of any other person or animal cannot necessarily be controlled, and that my safety and that of my property cannot be guaranteed while participating in the vendor activities and observing the equestrian activities. I understand that there is risk of serious physical harm and even possibly death, and nonetheless voluntarily choose to participate in the vendor activities.

2. Assumption of risks: understanding the risks involved, I voluntarily choose to participate in the vendor activities during which equestrian activities will be conducted and choose to be around horses. I expressly assume the associated risks, including the risk of injury and death, whether caused by the risks inherent in equestrian activities, the negligence of any of the released parties or any other cause. I accept full and complete responsibility for the safety of myself, any guests or observers accompanying me or present at my invitation and my personal property. Further, I assume the risk of any damage or injury caused by my vendor activities, including any damage or injury caused by my booth or my products or services, and agree to indemnify the released parties against any claims for damage to persons or property caused by my vendor activities, including claims relating to my booth or my products or services.

3. Release and waiver of claims: on behalf of myself, my heirs, successors in interest, guardians, legal representatives and assigns, I hereby release and forever discharge the released parties, jointly and severally, from all claims, actions, demands, rights, causes of action and liabilities, in law or in equity, whether my own or derivative claims, based upon any bodily injury or disability, illness or disease, death, financial loss, property loss, damage, destruction or other harm of whatever nature, whether foreseen or unforeseen, that may be sustained or suffered by me or by any other person as a direct or indirect consequence of my participation in the vendor activities or my observance of the equestrian activities, whether caused by the negligence of the released parties or otherwise, provided that nothing in this section shall be deemed to release any released party from liability arising from their own willful or intentional injury to me or my property.
4. Unpredictability of cause, personal responsibility: i understand that injuries and harm may result from working around horses from a variety of causes, including the acts or omissions of other persons, domesticated or wild animals, weather, ground conditions and other causes not necessarily predictable. I understand that it is my responsibility to act in a responsible manner to ensure to the extent possible my own safety and that of others.
5. Personal property: I agree that I am responsible for the security of my own personal property, including my booth and my products and any personal effects I bring to the released parties’ premises, and that the released parties cannot guaranty the security of my property. Should I leave any personal property in the custody of the released parties, I do so at my own risk. None of the released parties shave have any liability to me in the event of loss, damage, unauthorized use by any person or theft on any such property. I acknowledge that I need to purchase sufficient insurance to cover my own property.
6. Promise not to bring suit: I hereby agree that I, my heirs, successors in interest, guardians, legal representatives and assigns will not bring a claim against, sue, demand compensation from or attach the property or assets of the released parties or any of them, either in my or their own name, for any loss or damage arising or resulting directly or indirectly from my participation in the vendor activities, my observance of the equestrian activities or my presence at the released parties’ premises.
7. Indemnification: I agree to indemnify, defend, and hold harmless each of the released parties from and against any and all claims, suits, demands, liabilities, damages, losses, costs and expenses, including but not limited to attorney’s fees, arising from or in connection with the injury, illness or death of any person or the damage, destruction or loss of any of my or others’ property which might result, directly or indirectly, from my participation in the vendor activities, including the sale of my products or services.
8. Nature of claims waived: I realize that this waiver refers to and covers events that may take place after the signing of this document, and that the exact nature of any injury or loss I may suffer as a result of my participation in the vendor activities or observance of the equestrian activities may not be entirely foreseeable. I realize that the extent of loss possible includes serious bodily injury or even death, and total destruction or loss of any property I may leave at the released parties’ premises. Knowing the possible extent of damages or injury I may suffer, I hereby expressly waive any claim under section 1542 of the California civil code, relating to the release of unknown claims, which section reads as follows:
“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
9. California law, jurisdiction: this agreement will be interpreted, construed, and enforced in all respects in accordance with the laws of the state of California, without reference to its choice of law principles to the contrary. I agree that this agreement shall be deemed to have been entered into in orange county, California. I will not commence or prosecute any action, suit, proceeding or claim arising under or by reason of this agreement other than in the state or federal courts located in orange county, California. I irrevocably consent to the jurisdiction and venue of the courts identified in the preceding sentence in connection with any action, suit, proceeding, or claim arising under or by reason of this agreement. I further understand that the terms of this express assumption of risk, release of liability, waiver of claims and indemnity agreement mean that I am waiving certain important rights that i might otherwise have under California law.
10. Severability: I agree that this document is intended to be as broad and inclusive as is permitted by California law. If any portion of this agreement is determined to be invalid, illegal or unenforceable, that portion shall be severable, and the validity, legality and enforceability of the balance of the agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
11. Attorneys’ fees: in the event of any dispute arising out of the subject matter of this agreement, the prevailing party shall be entitled to recover its costs and expenses (including reasonable attorneys’ fees) incurred in resolving such dispute.
12. Representations and warranties: I hereby represent and warrant that:

a. I have voluntarily executed this agreement of my own free will, without duress or pressure from any person.
b. I understand and acknowledge that by signing this agreement i am giving up certain legal rights, including the right to recover damages in case of injury, death or property damage. I understand that this document is a promise not to sue and a release of and indemnification for all claims.
c. I have read this entire express assumption of risk, release of liability, waiver of claims and indemnity agreement carefully, and i fully understand all of its terms and conditions.
My signature below is acknowledgement that I have had an opportunity to carefully read the entire agreement and to have any questions answered to my satisfaction.
The electronic signature below is intended to authenticate this writing and to have the same force and effect as a manual signature.


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