tsu relays application for vendor space

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67th Annual

TSU RELAYS APPLICATION FOR VENDOR SPACE Not Valid Without the Vendor Agreement

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Company Name: _________________________________________________________________________ Contact Person: ________________________ Signature: ________________________ Date: _________ Address: ________________________________________________________________________________ City: ___________________________________________ State:__________ Zip:____________________ Phone: __________________________________ Email Address: _________________________________ Company/Organization Web Site: http://www. _________________________________________________ Please check one Vendor Classification:

Retail Goods

Food Products

Booth Space Required (Check One) 1 – 12”x 12” Space

$300

1 – 12” x 12” Prime Space

2 – 12” x 12” Spaces

$500

$500

1 – 24” x 12” Truck/Trailer Space

$500

All Vendor display and merchandise must be kept within the boundaries of the rented space.

Company/business check, cashier’s check or money order enclosed for $_______________. My vendor space(s) will offer the following products, merchandise, or services: (This section must be completed for application to be accepted. Use additional sheet for more space) ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Please mail this application, the vendor agreement, a copy of proof of commercial liability insurance, City of Houston Food Service Manager’s Certification (Food Vendors Only) and copy of TSU registration license (Retail Goods Vendors Only), along with your check or money order to: TSU Relays c/o Athletic Marketing and Promotions 3100 Cleburne Street Houston, Texas 77004 ---------- Do Not Write Below This Space ---------Type Payment: _________________ Check #: __________________ Amount Received: _____________ Received By: ________________________________ TSU Relays Representative

Date Received: _____/______/2018

67th Annual TSU RELAYS VENDOR AGREEMENT This Agreement is entered into this _____ day of ______________, 20____ (“Effective Date”). The term “Agreement” means this Agreement and any other Exhibits or addenda signed by both parties. This Agreement is made between ___________________________________ (“Vendor”) and TSU Relays/ Texas Southern, (TSU). Vendor wishes to sell food products and/or merchandise (the “Product/Service”) at the annual TSU Relays; and TSU wishes to permit Vendor to use its facilities to sell food products and/or merchandise. NOW THEREFORE, for mutual consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1) Term. The Term of this Agreement shall begin on the date first written above and shall end on March 17, 2018. 2) Deliverables. Vendor will complete a Vendor Registration Form as a valid agreement for Vendor Space at the 67th Annual TSU Relays on March 16 and 17, 2018 at Alexander Durley Stadium on the campus of Texas Southern University. Vendor Space will be assigned on a first come, first served basis, determined by date of fax, email or postmark of the Vendor’s Application. Final space assignments will be made at the discretion of the TSU Relays/TSU Department of Athletics. For each booth rental fee, the Vendor will receive the following: a. Number of 12 foot by 12 foot vendor spaces per application and payment. b. ½ day for set-up of their space on Thursday, March 15, between 1:00 p.m. and 6:00 p.m. All Vendor displays and merchandise must be kept within the boundaries of the vendor booth. 3) Pricing. Vendor shall pay a booth fee for each Vendor Space in accordance with the pricing schedule found on the Application for Vendor Space. Any change in pricing from the pricing schedule shall be subject to TSU’s prior written approval. In the event that the 67th Annual TSU Relays must be cancelled prior to 11:00 a.m. March 16 due to circumstances beyond TSU’s control, the TSU Relays/TSU Department of Athletics’ liability will be limited to a refund of fifty percent (50%) of paid vendor fees. 4) Payment. Company check, cashier’s check or money order will be deposited on receipt and must accompany this Agreement. Cancellation requests must be received in writing by fax, email or postal service on or before March 9, 2018. Vendors who cancel after that date will not receive a refund. 5) Terms and Conditions. a. The Vendor agrees to comply with the rules established by the TSU Relays/TSU Department of Athletics prior to, during and after the TSU Relays. The Vendor MUST have a City of Houston Food Service Manager’s Certification and commercial general liability insurance that covers all operations of the Vendor, its agents and employees, a copy must be attached to Vendor Space Application. Vendors must comply Page | 1

with all applicable fire codes and access laws. All materials and equipment must comply with applicable fire regulations. b. Vendor agrees to sell only beverages distributed by Coca-Cola Bottling Company. Vendor agrees to sell beverages at the prices listed for the TSU Relays. Listed prices must include all applicable taxes. The TSU Relays/TSU Department of Athletics may inspect Vendor merchandise at any time to determine that Vendor products are consistent with the merchandise represented on the application. Failure to comply will result in the forfeiture of booth fee(s) paid by Vendor and Vendor’s ejection from TSU’s facilities/premises. Unlicensed merchandise will be confiscated by TSU. Product Description Minimum Price Bottle Water (16.9 to 20 oz.) $2.00 Bottle Soda (20 oz.) $2.00 Can Soda (12 oz.) $1.00 Powerade (20 oz.) $3.00 c. Vendor agrees to sell only licensed merchandise produced by an approved licensed manufacturer. Vendor is prohibited from and shall not sell any counterfeit or unlicensed merchandise. Failure to comply will result in the forfeiture of booth fee(s) paid by Vendor and Vendor’s ejection from TSU’s facilities/premises. Unlicensed merchandise will be confiscated by TSU. d. Vendor agrees not to sell alcohol products nor any items prohibited by Texas or federal law, nor any merchandise that the TSU Relays/TSU Department of Athletics considers racist, discriminatory or offensive. e. No Vendor motor vehicles are permitted on the stadium grounds after 7:30 a.m. or before 9:00 p.m. during the TSU Relays. Merchandise must be transported by hand or small cart. Each vendor will be provided one parking permit; any additional parking will be at the Vendor’s expense. 6) Expenses. Except as otherwise expressly provided in this Agreement, all expenses incurred by the parties shall be the sole responsibility of the party who incurred the expense. 7) Confidentiality. TSU has certain proprietary and/or non-public information which it has designated as confidential or which, under the circumstances surrounding its disclosure, ought to be treated as confidential ("Confidential Information"). Confidential Information includes, but is not limited to, information relating to: (i) TSU's compensation information and practices, employee and student data, salary information, price quotes, preliminary concepts, sales and/or marketing proposals, branding strategies, creative designs and concepts, technical data, trade secrets and know-how, research, program or degree offering plans, services, suppliers, supplier lists, customers, employee lists, customer lists, markets, developments, inventions, processes, procedures, policies, technology, designs, techniques, hardware configuration information, marketing, forecasts, business strategy, finances or other business information; and (ii) information received from others that TSU is obligated to treat as confidential. Confidential Information shall cease to be Confidential Information only if such information or material becomes available to the general public through an intentional and authorized disclosure. Vendor recognizes that as a result of this Agreement, it may be provided with Page | 2

Confidential Information. Neither Vendor nor its employees or agents will disclose any Confidential Information obtained by Vendor. 8) Indemnification. The Vendor is responsible for any and all insurance of its property. Vendor shall defend, indemnify, and hold harmless TSU, TSU Relays, Relay Board Members and any of their agents, heirs, successors, assigns, or employees from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from this Agreement. 9) Assignment. Neither party may assign, sublicense or otherwise transfer or delegate any right or obligation in this Agreement without the prior written consent of the other party. 10) No Waiver. No failure or delay by either party in exercising any right, power or remedy will operate as a waiver of such right, power or remedy, and no waiver will be effective unless it is in writing and signed by the party to be charged thereby. 11) Severability. If any term, clause or provision of this Agreement is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws effective during the term hereof or of any provisions hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this Agreement, or the application of such term, clause or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this Agreement and the application thereof shall be legal, valid and enforceable to the fullest extent permitted by law. 12) Independent Contractor. It is expressly understood that Vendor is an independent contractor and not the agent, partner, joint venturer, or employee of TSU. Vendor shall not have the authority to enter into any contract or agreement to bind TSU and shall not represent to anyone that you have such authority. All of Vendor's employees and/or independent contractors (hereinafter referred to as “Vendor’s Staff”) assigned to work on TSU projects shall remain at all times during the Agreement independent contractors and/or employees of Vendor and not of TSU. Vendor agrees that it is solely responsible for paying the wages of its Staff and for paying any income, social security, and other employment taxes due to the proper taxing authorities, and that TSU will not deduct such taxes from any payments to Vendor hereunder. Vendor, and if applicable, Vendor's Staff, shall have no claim against TSU hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind, statutory or otherwise. Vendor represents and warrants that it is in compliance with all federal, state and local laws and regulations relating to Vendor's Staff and agrees that it will be responsible for making all decisions with respect to all human resource matters for Vendor's Staff. Vendor agrees to comply with all applicable state and federal laws and regulations governing employment authorization and screening, including but not limited to completing and maintaining Employment Eligibility Verification Form I-9 for all of Vendor’s Staff who will provide services to TSU pursuant to this Agreement. Vendor represents and warrants that it is not knowingly employing any workers who are not authorized to work in the United States to service this Agreement. Vendor agrees to defend and indemnify TSU for any liability arising out of claims that Vendor’s Staff are not authorized to work in the United States.

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13) Appropriate Insurance. Vendor represents and warrants that it has in place and will maintain throughout the term of this Agreement appropriate insurance coverage. Vendor agrees to present documentation of its applicable insurance coverage to TSU upon request. 14) Compliance with All Applicable Laws. Vendor agrees at all times to abide by all applicable local ordinances and codes, and all applicable state and federal statutes and regulations (including the Family Education Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. § 1232 g, and all applicable rules and regulations) with respect to Vendor's delivery of the Products/Services. TSU is an Equal Opportunity Employer, and Vendor represents that it will maintain and promote nondiscrimination regarding race, color, religion, national origin, sex, age, and handicap in all phases of employment matters related to Vendor's delivery of the Products/Services. 15) Termination. The TSU Department of Athletics reserves the right to cancel this Agreement and to withhold possession of Vendor space if the Vendor fails to perform any condition of this contract or refuses to abide by any local, state or federal laws, rules or regulations. In the event of termination, the Vendor shall forfeit as damages all space rental payment made by the Vendor. Any Vendor who fails to comply with relevant laws may be subject to permanent denial of selling privileges or other relief deemed necessary by the TSU Relays/TSU Department of Athletics. 16) Governing Law. This Agreement shall be governed in all respects by the laws of the State of Texas. The parties agree to use the courts of the State of Texas for jurisdiction and Harris County, Texas for venue to resolve any disputes between the parties arising out of this Agreement. 17) Conflict of Provisions. If there is any conflict between the provisions of this Agreement and any other agreement, the provisions of this Agreement shall control. 18) Entire Agreement. Oral contracts cannot be honored by TSU. This Agreement supersedes any prior agreement, whether written or oral. This Agreement embodies the entire understanding between and among the parties. Any changes, additions, revisions, or modifications must be accomplished via a written instrument signed by the parties. 19) Force Majeure. If the Alexander Durley Stadium on the campus of Texas Southern University is rendered unsuitable for the conduct of the 67th Annual TSU Relays by force of Force Majeure, the University may terminate this Agreement by written notice following such casualty and the University is not responsible for any damages sustained by the Vendor. Force Majeure shall mean fire, earthquake, hurricane, flood, act of God, strikes, work stoppage, or other labor disturbances, riots or civil commotion, war of any other cause like or unlike any cause mentioned which is beyond the control of the University. No student or student organization can bind itself or TSU to a contract. Any contract with TSU or any of its student organizations, including this Agreement, MUST BE SIGNED BY AN OFFICIAL REPRESENTATIVE OF TSU UNIVERSITY or it will be ineffective and not binding upon TSU or its students or student organizations. **REST OF THIS PAGE INTENTIONALLY LEFT BLANK**

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AGREED TO AND ACCEPTED:

FOR VENDOR _________________________________ Signature _________________________________ Print or type name _________________________________ Title _________________________________ Date Address: _________________________________ _________________________________ _________________________________ _________________________________ Phone number _________________________________ Fax number _________________________________ Taxpayer ID number

FOR TEXAS SOUTHERN UNIVERSITY ______________________________ Signature _________________________________ Print or type name _________________________________ Title _________________________________ Date Address: Texas Southern University 3700 Cleburne Street Houston, Texas 77004 Page | 5