WICHITA STATE UNIVERSITY
UNION CORPORATION
Vendor Agreement
Let this serve as a contract dated between the WICHITA STATE UNIVERSITY UNION CORPORATION d/b/a RHATIGAN STUDENT CENTER (hereinafter called “Sponsor”) and (hereinafter called “VENDOR”) for a fundraising sale on April 26, 2013 between the hours of 6:00 pm and 10:00 pm, or 30 minutes after the end of the show.
TERMS OF SALE
1. Facilities/Equipment
a. The Sponsor can provide upon request the equipment listed below. Please specify the quantity of each item. The Sponsor will try to obtain any additional equipment that is required.
6’ x 3’ tables Cart/Dolly Access to Electrical Outlet
Chairs Cash Box Other
2. Set up/Tear down
a. The Sponsor agrees to provide one individual to assist in the setting up and tearing down of the sale, if requested in advance by the Vendor.
3. Policies and Restrictions
a. The Vendor, in signing this contractual agreement, acknowledges their legal obligation to pay necessary taxes, including but not limited to sales tax.
b. The Vendor guarantees that the items for sale are accurately represented and that they have been obtained through legitimate means. The Vendor further guarantees that they have the right to resell all products.
c. The Vendor agrees to display or make known all refund and guarantee policies to customers.
d. The Vendor aggress to refrain from the following activities:
i. Food sales of any kind
ii. Sales of items with copyrighted images or logos without obtained permission
iii. Sales that require people to pay in advance and receive their merchandise at a later date
iv. Hawking, defined as “peddling by shouting”
v. Amplified sound which interferes with the Step Show performances and DJ
vi. Violation of Fire and Safety codes
e. The Vendor agrees that signs shall be hung from the tables with masking tape only. Nothing may be affixed to brick, vinyl, glass or painted walls with tape, nails, or thumbtacks. The Vendor agrees that their table must be identified as being sponsored by .
f. The Sponsor reserves the right to deny the sale of specific items which are deemed by the Sponsor to be inappropriate for this sale, or are in direct competition with the WSU Bookstore.
g. Transportation and housing will be the responsibility of the Vendor unless otherwise specified in this contract. However, in the event that transportation is at any time furnished by the Sponsor to the Vendor and/or his/her entourage the Vendor hereby releases and forever discharges the Sponsor of and from all liability, claims, actions and possible causes of action whatsoever that may occur to the Vendor and/or his/her entourage or heirs of same from every and any loss, damage and injury (including death) that may be sustained by the Vendor and/or his/her entourage and property of same during the course of said transportation.
4. Deposits & Payment
a. The Sponsor reserves the right to prorate and/or adjust the cost of the services rendered by the Vendor, or to cause this contract to be null and void if in their judgment there are undue delays, regardless if caused on the part of the Vendor and/or any and all of his/her employees or representatives, effect a time later than herein stipulated for the commencement of the service herein contracted.
b. The Vendor agrees to pay to the Sponsor a $100 non-refundable deposit payable within thirty (30) days of full execution of this agreement. All deposits will be reconciled upon the completion of the sales period and will be credited toward the amount owed to Sponsor, should there be no outstanding debts, including damage to the equipment or facilities provided.
c. The Vendor agrees to write receipts or ring up on register all sales and to provide Sponsor or other designated personnel with a subtotal at the end of each sale’s day.
d. The Vendor agrees to settle accounts with the Orpheum’s Theater Manager or other designated personnel by 10:30 pm on April 26, 2014. The Vendor agrees to issue a signed statement of receipts, excluding sales tax. A commission of 20% of sales is to be paid to the Orpheum’s Theater Manager’s office. The total sales commission payment may only be paid by Vendor’s check, cashier’s check or cash.
5. Cancellations
a. The Vendor agrees that cancellation must be made at least thirty (30) business days in advance. In the event that the Vendor fails to appear without advance notice, the Vendor agrees to reimburse the Sponsor for actual expenses incurred for advertising the sale.
b. If the Vendor arrives at the performance site within a reasonable time prior to the schedule performance under the influence of intoxicating beverages, narcotics or drugs, and as a result thereof, in the opinion of the Sponsor, the Vendor cannot render said performance within the reasonable expectations of the Sponsor, then the Sponsor shall consider this a breach of contract on the part of the Vendor.
6. Publicity
a. The Sponsor agrees to distribute flyers advertising the exhibition and sale. The Sponsor will photocopy 8 ½” x 11” flyers at their cost, if the Vendor provides ready-made publicity materials.
b. If the Vendor agrees to provide publicity materials for the Sponsor to distribute, they should arrive at WSU at least two (2) weeks in advance. If the Vendor has a standardized flyer which the Sponsor is to photocopy, the Sponsor needs to receive it at least three (3) weeks prior to the sale.
7. Additional Terms
a. The validity, construction and effect of this contract rider shall be governed by the laws of the State of Kansas. Vendor hereby agrees to and submits to the jurisdiction of the state of federal courts of Kansas relative to any litigation that must be initiated relative to the performance of this contract.
b. Union fees, welfare, and insurance obligations are considered the sole responsibility of the Vendor. Therefore, the Sponsor shall not be responsible for payment of these obligations.
c. No oral representation, warranty, condition, or agreement of any kind or nature whatsoever shall be binding upon the parties hereto unless incorporated in this agreement. This contract rider contains all terms and conditions agreed upon by the parties hereto, and may not be amended other than in writing. All changes to said rider and Vendor’s contract and rider must be initialed and dated by both parties.
d. If this contract is signed by someone other than the Vendor, the person signing for the Vendor expressly warrants that he/she is authorized by the Vendor to execute this agreement on behalf of the Vendor for this engagement at the time and place specified in this contract.
e. The Rhatigan Student Center reserves the right to reschedule sales of similar or like items on the same day.
f. The Rhatigan Student Center and/or Wichita State University are not responsible for lost, stolen, or damaged personal property or merchandise. In consideration for use of the Rhatigan Student Center facilities, the Vendor waives any claim for damages or injury which may arise.
g. It is agreed that Sponsor has final control over all matters pertaining to any performance held under its auspices.
The Sponsor has signed this vendor agreement prior to signature by the Vendor. Any changes in the vendor agreement by Vendor must be agreed to in writing by Sponsor. The action of the Sponsor in forwarding said contract constitutes an offer to enter an agreement on the terms herein stated, but unless returned to the Sponsor on or before the first day of April 2014, this offer shall be null and void unless otherwise agreed to in writing by both parties.
AGREED TO AND ACCEPTED AGREED TO AND ACCEPTED:
Wichita State University Vendor or Representative
Union Corporation
By: By:
Nancy Loosle
Director, Student Involvement
Date: Title:
Date:
Phone: ( )