Marketplace Terms and Conditions

The vendor (“Vendor”) agrees to be bound by each and every of the terms set forth herein and the terms and representations set forth in the Application. If the Vendor violates any term of this agreement, Diversity In The Ozarks and/or the authorized agents of the event may within their sole discretion and at any time (1) terminate this agreement, (2) require Vendor, immediately upon notice of violation of this agreement, to cease operations and vacate the premises, and (3) forfeit any and all fees paid for the right and privilege of participating. This agreement represents the entire agreement between Diversity In The Ozarks and the Vendor and may not be amended without the mutual consent of both parties set forth in writing and signed by authorized representatives of Diversity In The Ozarks and the Vendor.

Vendor agrees to obey all rules and instructions as directed by Diversity In The Ozarks during the festival weekend. Any failure to strictly adhere to such rules or instructions may result in the immediate termination of this agreement and immediate forfeiture of any and all fees paid to Diversity In The Ozarks.
Vendor hereby acknowledges its liability, and agrees to compensate Diversity In The Ozarks for any damage(s) caused by, including but not limited to, its representatives, agents, employees, volunteers, vehicles, equipment, materials and objects to the environs and infrastructure of city or private propriety which causes Diversity In The Ozarks to pay for repair, replacement, or other remuneration to the City of Eureka Springs for such damage to the environment or infrastructure.
Vendor fees must be received by Diversity in the Ozarks prior to the event date. Non profit, advocacy, and religious oriented groups will be eligible for a reduced fee.
Vendor will be assigned a 10’x10’ space. Additional 10’x10’ spaces may be purchased. No other dimensions will be permitted.
Vendors will be assigned a check in time. Vendors must be checked in by the designated time
Vehicles will only be permitted in the park to unload vendor materials. Vendors must unload materials and move vehicle from the park no later than 10 A.M.
Vendor booth arrangement is at the sole discretion of the agents of Diversity In The Ozarks. All reasonable attempts shall be made to accommodate specific location requests but are not guaranteed. All reasonable requests must be made two weeks prior to Diversity Weekend.
No Vendor shall relocate their booth without prior consent of the agents of Diversity In The Ozarks.
Vendors are responsible for their own spaces, and all signage, items, and merchandise located within or brought onto the premises by the Vendor.
The Vendor shall not display or distribute logos, trademarks, product, advertising, banners, or promotional materials from any third-party organization or business. Third parties, i.e. someone other than the named Vendor, may sponsor or participate with the Vendor only with written consent from Diversity In The Ozarks prior to the event.
Vendor acknowledges and understands that it is solely responsible for the collection of any sales or use taxes and shall in no way hold Diversity In The Ozarks or its representatives responsible for any type of permits other than for the festival itself.
Electrical power is not included or available. Gas generators are prohibited.
All Vendors must remain at the Festival for the entire event (exact timing to be announced prior to event). Early departures may encourage attendees to leave if Vendor spaces are vacant, so booths are expected to sustain their activities throughout the event. Emergent cases will be handled on a case by case basis.
The Vendor and all participants in the Festival grant Diversity In The Ozarks the right to take still or moving photographs, video, digital, audio, or other recordings ("Photographs") and to reproduce, display, distribute, perform, digitize, transmit, broadcast, and otherwise use those Photographs in any and all media and manners now known or hereafter discovered throughout the world in perpetuity, in whole or in part, modified or altered, either by themselves or in combination with other photographs or materials. The Photographs may be used by Diversity In The Ozarks for any purpose whatsoever including, but without limitation, all promotional and advertising uses on its website and for other purposes. The Vendor expressly agrees to inform its Participants they are granting these rights in consideration of the opportunity to participate in the Festival. The Vendor hereby releases and discharges Diversity In The Ozarks from any and all claims, actions, and demands arising out of or in connection with the use of the Photographs including without limitation any and all claims for invasion of privacy, publicity rights, defamation, trademark rights, and all other rights. The Vendor waives all rights to royalties, license fees, or other compensation related to the use of the Photographs.
Participation in Diversity In The Ozarks Events in no way authorizes any Vendor to use the logos and/or trademarks of Diversity In The Ozarks, including the logos of Diversity Weekend.
Vendor understands that Diversity In The Ozarks has no control over weather, acts of God, acts of terrorism, governmental intervention, or any other cause that may prevent and/or interrupt the festival weekend. Participants shall not hold Diversity In The Ozarks liable for any losses that could arise because of such event.
No refunds shall be given. All fees are transferable to next year’s events or Vendor may choose to make it a donation.
No refunds shall be given due to cancellation or interruption of the festival for reasons beyond the control of Diversity In The Ozarks. These reasons include, but are not limited to weather, acts of God, acts of terrorism, or governmental intervention.
Vendor upon vacating its space(s) shall ensure that such space shall be free of any and all trash and refuse with such being placed in the appropriate containers. Failure of the Vendor to clean their space may result in future refusal of Vendor application. Diversity In The Ozarks will provide the Vendor with a trash bag if needed.

By submitting my application, I warrant and represent that I have read and clearly understand the information contained in this agreement and the responsibilities accorded to me as a participant in the events of Diversity In The Ozarks.