BOMM-Surf Soccer Club Vendor Agreement
Effective as of March 31, 2022
This Vendor Agreement is made effective as of the date, read, acknowledged, and agreed upon by you (the vendor), by and between Black-Owned Market Movement (BOMM) (Third-party), and the Surf Soccer Club Organization.
WHEREAS, the Black-Owned Market Movement is the Organizer and procurer of opportunities with the Surf Soccer Club Organization located at 7440 FM 1560 N, San Antonio, TX 78254, where the Surf Soccer hosted Tournaments will be conducted; and
WHEREAS, you are engaged in conducting business and providing services.
NOW, THEREFORE, it is agreed that:
Surf Soccer Club agrees to provide you vendor space to conduct business in San Antonio, TX, at the San Antonio Surf Soccer Club. Your use of the San Antonioâ€™s Surf Soccer club field is limited to the space allotted by Troy Actkinson as identified prior to the event. In general, you are allotted, and not, guaranteed a location for set-up and conduction of business. You accept the opportunity to participate as a vendor at Surf Soccer Club tournaments commencing on your requested dates. You hereby accept the following listed conditions and limitations.
HOURS OF OPERATION.
San Antonio Surf Soccer Club field area shall remain open, varying between the times of 7 am to 9 pm each day the Event is in progress, unless Troy Actkinson or BOMM affiliates notify you of other hours of operation.
INSTALLATION AND TEAR DOWN.
You shall set up and tear down the facilities for sale on your requested dates when directed by Troy Actkinson or any Surf Soccer Club directorate on your requested and approved tournament dates.
You are provided with vendor opportunities for the exchange of the designated reservation fee ranging between $20-$150, to paid upon a submitted invoice from BOMM.
You also agree to donate an amount equal to 10% of your WEEKEND gross total sales to the Surf Soccer Club in the form of check or Venmo within the next 7 days post tournament weekend. The term “Gross Total Sales” shall mean the total amount charged by Vendor, its employees, agents, or licensees, for all goods and merchandise sold or services performed, whether for cash or other consideration or on credit and regardless of collections, including but not limited to orders taken.
You are responsible for cleaning and maintaining the Space provided in an organized and neat manner. This responsibility includes your responsibility to remove bulk trash. Should you fail to keep the Space in an orderly manner will result in additional removal fees.
The Surf Soccer Club is not obliged to provide telephone, water, electrical and drain services to you. You shall also be responsible for payment of other charges like electricity charges, water charges, taxes, etc. to the concerned authorities.
DISPLAYS AND SIGNS.
All displays must be free-standing. Nothing may attach to any walls or columns by any means at all. Signs must be free-standing. Signs should not block other vendor’s shops.
You shall ensure the proper quality of the products sold. You shall comply with all applicable laws as to the vendor’s sales.
EMPLOYMENT OF STAFF.
You will employ adequate staff at your own cost in order to operate the Space provided by the Surf Soccer Club Organization
You are solely responsible to obtain insurance coverage on property and be able to present it at any time. You assume full responsibility for items left on the premises. The Surf Soccer Club Organization accepts no liability for lost, stolen, or damages property and is not required to carry additional insurance to cover your property.
You agree to indemnify and hold the Surf Soccer Club Organization harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Surf Soccer Club Organization that result from the acts or omissions of you and/or your employees, agents, or representatives. The Surf Soccer Club Organization shall be solely responsible for ensuring all applicable laws are followed and complied with in selling and presenting the Surf Soccer Club Organization’s products and services at the Event.
The occurrence of any of the following shall constitute a material default under this Agreement:
- The failure to make a required donation when due.
- The insolvency or bankruptcy of either party.
- The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
- The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
If the performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators, in turn, shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
This Agreement may be modified or amended in writing.
This Agreement shall be construed in accordance with the laws of the State of Texas.
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
By continuing the process of allocating a reservation or request to any particular event or tournament held at the Surf Soccer Club complex, this agreement shall be effective immediately by and between you, BOMM, and the Surf Soccer Club Organization regardless of any additional signatures.