The 2012 Bats Day Black Market Vendor Application Saturday May 19th, 2012, 2p.m. - 10 p.m. Located at: DoubleTree Guest Suites Anaheim, 2085 South Harbor Blvd, Anaheim, CA 92802 Thank you for your interest in vending at the 2012 Bats Day Black Market. Please review this form in its entirety before filling out and submitting your application. Submission of this form and payment to Bats Day in the Fun Park is agreement to the Terms and Conditions stated below. Bats Day in the Fun Park, LLC, ("Bats Day in the Fun Park") shall not be held responsible for Exhibitor misunderstanding or misinterpretation of this application. If you have any questions please ask via email (batsday@aol.com and blackmarket@batsday.net) before sending in your payment and vendor form. Please complete all items in this application and email it to Batsday@aol.com AND Blackmarket@batsday.net . Once we receive this application we will send you an invoice with your total and booth location. Bats Day in the Fun Park is not responsible for lost or misdirected email. All booth space is sold on a first come, first serve basis, in order of receiving this form and payment. All vendor spots include the following: 1, 6' x 2.5' table unless otherwise noted, a tablecloth, and 2 chairs. IMPORTANT: If you want the table that is provided with your spot, you must check the appropriate box to receive the table. If this box is not checked you will not have a table in your booth space. If you request a table and you do not use it, you will be billed $18 for each table that has been requested but not used. All vendor floor spots are approximately 5'deep x 6'wide, unless otherwise noted. By having the 2.5' x 6' table in your spot will reduce your floor space. Please plan accordingly for your spot. No part of your display may go beyond your allotted vendor floor space. - Access to power is only available for wall spots; provide your own extension cord and power strip - 2 vendor badges o Additional badges can be purchased for people working your booth for $5 each. Everyone who is representing your company or working your booth MUST have a vendor badge. NO EXCEPTIONS. *Form of payment (Failure to fill out this section will result in the default options of Google Checkout and full payment.) To reserve your vendor spot, you must do one of the following: 1. Pay your invoice in full within four (4) days of the sent date on the email invoice 2. Pay a $80 non-refundable deposit within four (4) days of the sent date on the email invoice. a. The balance must be paid within two (3) weeks of the sent date on the original email invoice. Failure to remit complete payment will result in a loss of deposit and space reservation. Your request for space will be placed at the end of the reservation list; if a new space becomes available, you must resubmit your application. Bats Day in the Fun Park will contact you if a space becomes available b. Resubmissions, after non-payment of original invoice, do not have this extension option *In the State of California, service charges and public room rental are subject to current state tax Vendor Raffle Exchange Program. A raffle will be happing throughout the Bats Day Black Market, on Saturday May 19th If you would like to be a part of this, please check off the box above that reads, "Vendor Raffle Exchange Program." You must also include what you are donating. You must submit your donation item description by April 1st, 2012. Failure to do so will result in the cancellation of your donation. Items received after April 1st, cannot be guaranteed being part of our Vendor Spotlight. By being apart of this exchange you will receive the following: - 1 Bats Day 2012 event shirt. Your choice of sizes, Men's - Med, Large, XL. Women's - Small, Med, Large. Child's - Small, Large - Being apart of our vendor spotlight announcements on our Bats Day in the Fun Park, Like page. Donated items must be mailed to us by April 15th, 2012. If you are taking apart of this, you will receive an email from us with instructions on how to submit your donation. Please make sure that you contact information is attached to the item that you are donating. This is a great way to for you to get information about you or your company to this group. Please fill out: Once you have finished filling this out, please save this form as a Word ".doc" file with your company name in the file name. Date: Have you previously been a vendor at the Black Market? Contact name (real first and last name): Company name: Address: City: State: Zip: Email 1: Email 2: URL/website: Phone 1: Phone 2: Type of business: Please describe your merchandise: ---------------------------------------------------------------------------------------------------------------------------------- Exhibitors Spot Choice: Table Pricing: We are not offering half table spots. All prices are for full tables. PLEASE NOTE: All corner spots are reserved for Sponsors. All vendor spots floor space are approximately 5'deep x 6' wide, unless noted. By having the 2.5' x 6' table in your spot will reduce your floor space. Please plan accordingly for your spot. No part of your display may go beyond your allotted vendor floor space. Pre-function Hall - 6 spots, all wall. Table size 8' x 2.5'; $215 - 5' deep x 8' wide - (2 spots) $235 - 6' deep x 8'wide - (2 spots) $250 - 5' deep x 12'wide - (2 spots) Main vendor room - Tuscany $200 - wall spot - 10 Spots $175 - center spot - 56 Spots Florence Room $150 - wall spot - 6 Spots Table Choices: An Exhibitor is only allowed a maximum of 2 exhibitor spots. If an exhibitor needs more than 2 spots, it needs to be requested in writing, with reason, and emailed to blackmarket@batsday.net We will review the request and respond. January 2, 2012 At this time the only spots that are left are: Main Room Tuscany D,E,F,G Center - $175 each Florence Room - $150 Each 1st Spot Choice: How many Spots: 2nd Spot Choice: How many Spots: If a spot opens up that is not listed above we can contact you if you would like that spot. Let us know what spots you would like and how many. Waiting 1st Choice: Waiting 2nd Choice: Waiting 3rd Choice: PLEASE NOTE: All corner spots are reserved for Sponsors. If you would like to be a sponsor please indicate it on this form and we will send you the rate sheet for sponsors that include the tables. Otherwise if a corner spot opens up, we will let you know. Do you want the table(s) for your Exhibitor's spot: [] YES [] NO If you do not check the yes box, you will not have a table in your booth space. If you request a table and you do not use it, you will be billed $18 for each table that has been requested but not used. Notes: Would you like to become a sponsor? Would you like us to contact you if a corner spot opens up? --------------------------------------------------------------------------------------------------------------------------------- Exhibitors Badge Credentials If you have more than one exhibitor's booth, please enter those names in the additional badge(s) section. Everybody must individually check into registration. You cannot check anyone into the event but yourself. The name of the badge needs to link to a valid photo ID to be able to receive credential. If you have purchased more than one table, please put those names in the additional badge section. These names must be provided to us by May 1st, 2012, or we cannot guarantee that you will have a badge(s), even if you have paid for them. Check-in Name 1(Real first & last name): Name on badge: Check-in Name 2(Real first & last name): Name on badge: Notes: [] Additional badge(s) ($5 each) Check-in Name (Real first & last name): Name on badge: Check-in Name (Real first & last name): Name on badge: Check-in Name (Real first & last name): Name on badge: Check-in Name (Real first & last name): Name on badge: Check-in Name (Real first & last name): Name on badge: Check-in Name (Real first & last name): Name on badge: Check-in Name (Real first & last name): Name on badge: [] Vendor Exchange Program. T-shirt size that you want: (If this is not filled in then Men's Large will be the default shirt size) Your item being donated - description: *Form of payment - [ ] Credit card (Google Checkout) [ ] Money order [] Option 1 - Full payment [ ] Option 2 - $80 deposit (Failure to fill out this section will result in the default options of Google Checkout and full payment.) *In the State of California, service charges and public room rental are subject to current state tax Thank you for your interest in, and application for, the 2012 Bats Day Black Market. - Bats Day in the Fun Park Bats Day(tm) Holiday Black Market 2012 - Terms and Conditions RESERVATIONS Exhibitor agrees to remit payment in full, based on rates listed on the Show Reservations Form at time of reservation, payable via money order or Google Checkout only, to Bats Day in the Fun Park, LLC. Bats Day in the Fun Park, LLC (referred to hereinafter as The Company), will not hold booth space for applications submitted without payment. Payment in full is your (Exhibitor's) acknowledgement and agreement to these terms and conditions. DISPLAY AGREEMENT Exhibitor will be responsible for adhering to the show schedule; hours of operation for business shall be 2pm to 10pm on Saturday, May 19th, 2012. Check-in is 11am - 12pm, Saturday, May 19th, 2012. Setup and load-in for Exhibitors is Saturday, May 19th, 2012, from 12pm until 2pm. Exhibitors must check in at the registration desk before setup and load-in. The Company will provide staff to assist in locating your booth on the day of the event, but these persons are not authorized to assist Exhibitors with load-in or setup. Show hours of operation: 2pm-3pm - VIP Shopping; $5 entrance. 3pm - 10pm General Admission, FREE Admission. EXHIBITOR BADGE AND CRENDITIALS All Exhibitors must wear their assigned Exhibitors event company/name badge, provided by The Company, during load-in and show hours. All Exhibitors and their workers must have a vendors badge to represent or work the Exhibitor's booth. No one is allowed to work any booth space without an authorized vendors badge from The Company. Exhibitor badge must be visible during show hours and load in. Additional badges may be purchased for people who are working or representing your company and must be purchased no later than 1 week prior to the event. All Exhibitors, their workers and anyone who represent the exhibitor must adhere to these terms and conditions. Any unauthorized, changes or modifications done to Exhibitors badges provided by The Company, is an automatic expulsion from the event and no refund will be issued. Anyone under the age of 16 is not allowed to wear an Exhibitor's badge or represent Exhibitor's company. The Company is not staffed to watch anyone under the age of 16. Anyone under the age of 16 that is accompanied by an Exhibitor must be strictly supervised at all times. Anyone under the age of 16 who is not supervised, will be asked to leave. DISPLAYS All displays exhibited shall be operated, designed, and constructed in a safe and non-hazardous manner. Exhibitor spaces must remain clean, orderly, and well kept. Excessive garbage, packing materials, or rubbish will not be tolerated. Any garbage or items left after the event will be billed $500 back to the Exhibitor as a cleaning fee. All sound-producing devices may only be operated in a manner that will not disturb any other Exhibitor or attendees as determined solely at the discretion of The Company. Any complaints regarding noise violations should be made to The Company's assigned vendor relation's staff, and will be dealt with promptly. Booth walls may not extend higher than 8' and no portion may protrude beyond the space reserved. Tents, EZ-Up Tents or items that cover your display area are NOT permitted. If your display requires one of these items, Exhibitor must make arrangements at least 3 weeks prior to the The Company. The Company will have the final say if the tent can be used. The Company will, if necessary, remove walls and displays exceeding these requirements. All promotional activities shall be confined to the booth space only. Display of products and distribution of promotional literature must remain inside the booth space and is strictly prohibited from meeting rooms, registration area, show floor aisles, parking lots, or any area other than your reserved space. We have provided designated promotional tables throughout the event for you to place any promotional literature if you wish to. It is requested that Exhibitors refrain from hanging items on the walls if possible. Any damage done to hotel property within the Exhibitor's space, will be charged to the Exhibitor. The only approved attachments to be displayed on walls must be attached using only Scotch-Blue Painter's Tape for Multi-Surfaces #2090, Adhesion Level: medium. Items that cannot be attached using the specific adhesive product, must be attached by the DoubleTree Guest Suites Anaheim Engineering department, for which there is a $150 service fee per banner. If your booth space requires power, you must bring your own UL-approved extension cords and outlet power strips, The Company's vendor representative will assist you in finding a power source. The outlet power strip must have a circuit breaker. Any extension cords or outlet power strips that are not UL-regulated will be removed. Any damage done to walls, carpet, or other property not owned by Exhibitor will be billed back to the Exhibitor whose space coincides with the damage, regardless. Alcohol is not permitted inside Exhibitor's space. EXHIBITOR BOOTH SHARING VIOLATION The Exhibitor, including Sponsors, agree that the vendor space reserved is for use by the business or individual listed on vendor form. Only one vendor per Exhibitor space rented will be listed on the Bats Day Black Market section of the Official Bats Day in the Fun Park website. Exhibitor and Sponsor agree not to share, with any other merchant or vendor, any portion of any booth space during the Exposition. A violation of these requirements will result in immediate expulsion and removal of the Exhibitor/Sponsor and the party sharing the Exhibitor's space. The Exhibitor/Sponsor and sharing party must stop selling immediately and vacate the premises. No refunds will be issued. LOSS LIABILITIES Exhibitor agrees that The Company will provide the exhibition space to display products or services to persons attending the Exposition, but can in no way guarantee precise attendance, sales, weather conditions, or other conditions inside or around the Exposition facility. Exhibitor agrees to hold harmless The Company and all representatives, subcontractors, or agents, including the management and staff of the DoubleTree Guest Suites Anaheim (Exposition facility), from any liability for damage, loss, harm, or injury to the person or any property of the Exhibitor, or any of its officers, agents, employees, or other representatives, resulting from Exhibitor's use of the Exposition facility or from theft, fire, water, acts of God, accident, or any other cause, including - but not limited to - claims arising out of any negligent or intentional act or omission of Exhibitor, any of its officers or agents that causes or results in damage to or destruction of property of any party and/or in death or injury to persons. Neither the management of The Company, nor those of the Exposition facility - nor any contractors or subcontractors of either - shall be obligated to obtain insurance against any such resulting acts of God, loss, damage, claim, injury, or harm. Exhibitor agrees that all property of Exhibitor shall remain in the Exhibitor's custody and control in transit to or from and within the Exposition facility. SHOW FLOOR APPOINTMENTS The Company reserves the right to revise the show floor layout for any reason deemed necessary by our management. In the event Exhibitor or any of their representatives fail to perform faithfully by the rules set forth in this agreement, The Company may remove an Exhibitor, their property, employees, associates, and their displays from the Exposition grounds for the benefit of the other exhibitors and attendees. Any resulting losses or legal fees incurred by any party involved will be the sole liability of the Exhibitor. No portion of any fees shall be refunded in the event of removal. WI-FI AND INTERNET Bats Day in the Fun Park, LLC does not offer Wifi and has nothing to do with the Wifi. Wifi is offered only by the DoubleTree Guest Suites of Anaheim. WiFi is free in all the public areas in the Hotel. This includes the lobby, restaurants, business center and bar. Access to WiFi for the meeting rooms, is $400 per day. Meeting Rooms/Ballroom are not considered public areas at the hotel. WI-FI arrangements must be made 3 weeks prior to the Bats Day Black Market through Bats Day in the Fun Park, LLC. This service is non-refundable. Any problems with this service must be addressed during the event. Please make sure that the Exhibitor's item that is receiving the WI-FI signal is in working order prior to the event. ENDORSEMENTS Exhibitor agrees that confirmation of vendor booth rental does not imply an endorsement by The Company of Exhibitor's merchandise, views, beliefs, or actions. All Exhibitors are deemed to be their own business entity and in no way reflect the views, beliefs, intentions, and/or direction of The Company. Exhibitors do not represent The Company in any way, and in applying for display space you agree to hold The Company harmless against any and all merchandise bought, sold, or brought onto the premises of the Exposition. COPYRIGHTED MATERIALS Exhibitors shall not distribute any copyrighted material, play or permit the playing or performance of, at the Event unless the Exhibitor has obtained all necessary rights and paid all required royalties, fees or other payments. REFUNDS Exhibitor agrees that upon acceptance of application and payments due, the Exhibitor has received the immediate benefits of having unique exhibition space reserved exclusively for their benefit and use. Exhibitor agrees that all fees agreed to and submitted to or owed to The Company are non-refundable regardless of reason or result of loss of payments. Exhibitor agrees to make all reasonable efforts to attend and exhibit for all days of show as scheduled, or make an attempt to staff the booth at the Exhibitor's own expense. Exhibitors who become unable to produce their display for the days of Exposition beyond their own power may, subject to written permission from The Company in advance, sublet their reserved space to another vendor who would be subject to these same rules but would not relieve the original Exhibitor from it's contractual obligations to The Company in any form or event. If an exhibitor cannot exhibit after payment has been made, Exhibitor may receive a refund only if a replacement Exhibitor can be contracted for the sold space, by The Company. If The Company is able to find a replacement, The Company will reimburse your payment less 30% service charges for each space. If the Exhibitor can sublet the space to another exhibitor, it is the responsibility of the exhibitor to collect the payment from the new exhibitor. Refunds do not apply to violation of shared Exhibitor's spot. RESOLUTIONS In any event that Exhibitor and The Company or any of its associated partners (both casual and formal) choose legal resolution in connection with this contract in any manner or form, and this contract be found in a court of law to be substantially fulfilled as represented, Exhibitor agrees such action shall be mediated and/or litigated in the jurisdiction of Los Angeles County, California. Exhibitor is to be solely responsible for all legal fees and court costs incurred for both parties of the action. EXPOSITION CANCELLATION In the event The Company must cancel the Exposition or upon its prevention from being held due to acts of God, fire, strike, acts of terrorism, war, government regulation, public enemy actions, public catastrophe, or any other reason or cause, The Company will refund the amount Exhibitor paid, less any service charges. In no event shall Exhibitor be entitled to a refund greater than the amount submitted. No portion of booth space fees will be refunded in the event of temporary interruption of the Exposition for any reason. INDEMNIFICATION Exhibitor, and all employees and agents of the Exhibitor, agrees to indemnify, hold harmless, save, and protect The Company and the Exposition facility including their general and subcontractors against and from any and all claims, demands, suits, damages, liability, costs, loss, expenses, and attorney's fees of whatever kind or nature which might result from or arise out of Exhibitor's use of the Exposition facility or any action or failure to act as the Exhibitor or any of it's officers or agents, including any Exhibitor-appointed contractor, employees, or other representatives, including - but not limited to - claims arising out of any negligent or intentional act or omission by Exhibitor or any of its officers or agents that cause or result in damage to or destruction of property of any party, and or death or injury to persons; any claims or liability by or to third parties arising out of conduct or omissions which would be in breach of Exhibitor's obligations under this agreement; or any claims of damage or loss of property or from or out of any loss, damage, harm, or injury to the persons of the Exhibitor or any of its officers, employees, agents, or other representatives. EXHIBITOR APPOINTED CONTRACTOR Exhibitor agrees not to appoint the services of an Exhibitor-appointed contractor without prior written consent from The Company management at least 30 days before the exposition's commencement. Consent may be granted or withheld at the sole discretion of The Company and may require the inclusion of the Exhibitor signing a The Company Exhibitor Appointed Contractor Agreement. Exhibitor agrees to employ proper contractual or labor help as required by the California Law Code. OBSERVANCE OF LAWS Exhibitor shall abide by and observe all federal, state and local laws, codes, ordinances, rules and regulations, and all rules and regulations of the Exhibit Facility (including without limitation any union labor work rules). Without limiting the generality of the foregoing, Exhibitor shall construct its exhibits to comply with the Americans with Disabilities Act. Bats Day in the Fun Park, LLC reserves the right to cancel any Exhibitor's spot at any time. If an Exhibitor's spot is canceled; the canceled Exhibitor will receive a refund, less 10% service charge, of price paid of the vendors spot, within 30 days of the cancellation. . If an Exhibitor's spot is canceled due to negligence or legal liability, the Exhibitor will receive a refund, less a 50% service charge for each spot, within 30 days of the cancellation. Refunds do not apply to violation of shared Exhibitor's spot. Being a vendor of the Bats Day Black Market does not transfer permission to use the any of the Bats Day in the Fun Park trademarked names, logos or art work without written permission. The Company retains the right to make adjustments to these terms and services at any point, with or without notice. ~Revised 11//2011 (c)Bats Day in the Fun Park, LLC Forms