Custer Fair Terms of Use and Conditions

Last modified: 9/23/2010

ACCEPTANCE OF TERMS

By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site (capitalized terms defined below), you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that Custer Street Fair may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

Custer Street Fair may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of Custer Street Fair (www.custerfair.com) to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

PERSONAL INFORMATION AND PRIVACY

Your privacy is important to Custer Street Fair. The information you provide about yourself when placing an order is only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We do not sell or share your information to outside parties. To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. Should you have other questions or concerns about this privacy policy, please call us at 847-328-2204 or send us an email at office@custerfair.com.

VENDOR RULES & REGULATIONS

Vendors who are accepted to Custer Street Fair agree to and are bound by the terms and conditions set forth:

  • All vendors are responsible for reporting their income and sales tax.
  • All vendor-selected booths are subject to approval by the Custer Fair Selection Committee. Booths may be moved at the discretion of the Committee and all booth decisions are final.
  • Vehicles may not enter the fairground after 9am on Saturday or prior to 7:30pm on Sunday evening.
  • Booths may not be shared by more than one vendor.
  • For Arts & Crafts booths, the artist must be present during the show.
  • Information booths will be required to provide proof of not-for-profit status.
  • All vendors must stay in their space for the entire length of the fair and fair hours. Only in cases of emergency or prior consent of Custer Street Fair management may a vendor leave the fair early.
  • Vendors will stay within their purchased booth space. Under no circumstances may the vendor use the space behind the booth or store materials behind the booth.
  • Vendors will not occupy a booth space they did not purchase, or "fill in" an empty space without prior consent of Custer Street Fair management.
  • Vendors will comply with Custer Street Fair staff instructions during load-in, fair hours and load-out. This is for the safety and health of vendors, staff and the general public.
  • Vendors in 5x12 booth spaces may not set up a tent. Umbrellas are the only acceptable form of cover for this space size.
  • Vendors who have not applied for a food permit will be asked to cease food-related activities and as required by City statue, must report to the City of Evanston Health Department.
  • Food vendors agree and are bound by the terms and conditions set forth in the Food Vendor application and by the City of Evanston Temporary Food permit instructions.
  • Food vendors will stay within their purchased booth space. Under no circumstances may the food vendor or their materials be stored behind the booth, or Òfill inÓ an empty space without prior consent of Custer Street Fair management.
  • Food vendors will provide proof of parking or purchase a parking permit from Custer Street Fair.
Vendors who do not comply with terms and conditions will be immediately removed from the fair and no refunds of fees will be issued.

REFUNDS

Refunds will be made by company check only, no credit card refunds are available at this time.

Vendors who apply and are not accepted will receive a full refund, less the $10 screening fee.

Vendors who are accepted and withdraw their application prior to the May 1st deadline will receive a full refund, less the $10 screening fee.

Vendors who are accepted and withdraw their application after the May 1st deadline do not receive a refund.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CUSTER STREET FAIR, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF CUSTER STREET FAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION

AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION OR IN SMALL CLAIMS COURT AND AGREEMENT TO WAIVE A RIGHT TO JURY TRIAL AND TO PARTICIPATION IN CLASS ACTIONS

You and Custer Street Fair agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from Custer Street Fair by binding Arbitration administered by the American Arbitration Association, or in a small claims court, and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, claims arising out or relating to your purchase including, but not limited to contract claims, tort claims and statutory claims, or any combination of claims. We agree that the arbitration or small claim proceeding will take place in Cook County, Illinois.

We agree that the American Arbitration Association shall administer the arbitration, and that the American Arbitration Association's Commercial Arbitration Rules and Mediation Procedures and Consumer Related Disputes Supplementary Procedures, if applicable, shall apply. These Arbitration Rules may be found on the American Arbitration Association's web site at www.adr.org. You and Custer Street Fair agree that the Arbitration Award maybe taken to a Court of competent jurisdiction to become an enforceable judgment. You and Custer Street Fair agree that any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted.

If you wish to begin arbitration against Custer Street Fair you must file a case with the American Arbitration Association. You may visit the American Arbitration Association's web site at www.adr.org to obtain forms and guidance and to learn the procedure for filing a case under this Arbitration Agreement.

This Arbitration Agreement affects your legal rights. An arbitration is resolved by a neutral party and not a judge or jury. There is less discovery and less exchange of information between the parties to an arbitration than might occur in a court proceeding. An arbitration award is final and binding and will only be overturned or reversed by a court in very limited circumstances. You agree that, by entering into this Agreement, you and Custer Street Fair are each waiving the right to a trial by jury or to participate in a class action.