Exhibitor Participation Agreement

About this agreement

This is an agreement between you (the artist, craftsperson, vendor, musician or other exhibitor) and Where The Shows Are!!!, which operates FestApply. By clicking the agreement button when you register, or when you are asked to accept a new version, you agree to everything in it. You must accept it to take part on FestApply.

What FestApply is, and what it is not

FestApply is an online service that lets event sponsors list their events and lets exhibitors find events, apply, communicate and pay. We are a go-between for applications and payments. We do not produce, organize, jury, insure or control any event. We are not a party to any agreement or transaction between you and an event sponsor.

Your account

You must be at least 18 years old and able to make binding agreements. You agree to give true, current information, to keep your login private, and to tell us right away if you think someone else is using your account. You are responsible for everything done through your account.

Your agreement with each event sponsor

When you apply to an event you will be shown that event sponsor's own agreement and you must accept it for that application. That agreement, and the event's published rules and policies, are between you and the event sponsor. If the event agreement and this one conflict about your dealings with the event sponsor, the event agreement applies to those dealings; this agreement continues to apply to FestApply, to Where The Shows Are!!! and to anything involving us.

Payments and refunds are between you and the event sponsor

When you pay an application fee, booth fee or other charge on FestApply, the payment is made to the event sponsor, through a payment processor, and is a transaction between you and the event sponsor only. It is not a transaction with Where The Shows Are!!!. We do not receive, hold or control that money. We have no responsibility for any part of the transaction, including the event sponsor's decisions to accept, decline or waitlist you, the event's schedule, cancellation, weather, booth, attendance or sales, or the delivery of anything you paid for.

We are not responsible for refunds of any kind. If you believe you are owed a refund, ask the event sponsor, whose refund policy is on the event's listing. Event sponsors may issue refunds through FestApply, and a record is kept. Before you start a chargeback or dispute with your card company or bank, you agree to contact the event sponsor first, and you agree that you are responsible for any costs caused by a chargeback you have no right to make.

Emails and text messages (service notices)

By creating an account you agree that FestApply and Where The Shows Are!!! may send you service notices by email and, if you give us a mobile number, by text message. Service notices include: confirmation of your account and email address; application, acceptance, waitlist and decline notices; payment and refund confirmations and receipts; fee statements; changes to events you applied to; messages from event sponsors and exhibitors sent through FestApply; Help Desk replies; security notices; and notices about this agreement. You need these notices to use FestApply, so you cannot opt out of service notices while your account is open.

Marketing emails and texts (for example news about new events) are separate. We send them only if you opt in, and you can opt out at any time (reply STOP to a text, or use the unsubscribe link in an email). Message and data rates may apply; message frequency varies. See the Text Messaging Terms on our Terms page. Texting is never a condition of buying or applying.

You agree that notices we send to the email address or mobile number in your account are delivered when sent, and that you will keep these details up to date.

Dealing honestly with FestApply

You agree not to take part in any arrangement to avoid fees owed to Where The Shows Are!!! on a transaction that came through FestApply. For example, you must not agree with an event sponsor to apply or pay outside FestApply so that a fee is not recorded, to be quoted or to pay a different amount than the amount really due, or to hide a payment. You must not give us or an event sponsor false information about how, where or when you applied or paid, and you agree to answer truthfully if we ask. We record when you use the Apply or website link on an event listing. If our records show that you took part in avoiding a fee, we may suspend or close your account and may share the relevant records with the event sponsor and as needed to resolve a dispute.

Your content

You keep ownership of the pictures, text and other material you add. You give Where The Shows Are!!! a non-exclusive, worldwide, royalty-free licence to store, copy, resize and display it on FestApply in the ways you choose in your profile and when you apply (for example to event sponsors and, if you choose, on public pages). You promise that you have the right to use everything you add and that it is accurate and does not break anyone's rights or any law.

How to behave

You agree not to give false information, impersonate anyone, harass or threaten anyone, send spam, upload harmful material, try to get around our systems or fees, or use FestApply for anything unlawful.

Records we keep, and how disputes are handled

We keep records of your transactions, your messages on FestApply, the agreements you accept, and the time and place you accepted them. You agree that we may keep these records and may use them to review and resolve any question or dispute that involves you, another member or FestApply. You agree to give us accurate information and reasonable cooperation when we ask for it.

If a disagreement arises between members that is brought to us, we may (but are not required to) review the records and make a decision. Where we make a decision about the use of FestApply (for example, about listings, accounts, messages, participation on the platform, or the outcome of a dispute that members submit to us), our decision is final and binding, to the fullest extent permitted by law. Nothing in this paragraph prevents you from pursuing any right you have that the law does not allow to be waived.

No warranties

FestApply and everything on it are provided "as is" and "as available". We do not promise that FestApply will be uninterrupted, secure or free of errors, delays or data loss, or that any listing, application, message, email, text, payment record, calculation or report will be accurate, complete or delivered.

Limit of our responsibility

To the fullest extent permitted by law, Where The Shows Are!!!, FestApply and our owners, officers, employees, agents and service providers are not liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, or for any loss of money, profit, opportunity, data or goodwill, however caused, arising out of or connected with FestApply, an event, a member, or this agreement. This includes any failure of our system to record, calculate, process or report a transaction, any technical problem, any error in calculation, and any act or failure to act by a payment processor, an event sponsor, an exhibitor or any other person. If we are found liable despite this paragraph, our total liability is limited to the platform fees we actually received from you in the three months before the claim arose.

Your promise to protect us (indemnity)

You agree to indemnify, hold harmless and defend Where The Shows Are!!! and FestApply and our owners, officers, employees, servants and agents against any and all claims, liability, loss, cost and expense (including reasonable attorneys' fees) of whatever kind, including injury to or death of any person and loss of or damage to any property, that arise out of or relate to: your use of FestApply; your participation in or conduct at any event; your content, products or services; your breach of this agreement or of any law; and any attempted chargeback, payment reversal or dispute of a charge relating to your use of FestApply or a transaction made through it.

Risks of attending events

Events take place in public places where many people gather. Events are run by event sponsors and not by FestApply. Exposure to communicable diseases, accident, injury, weather, theft, loss or damage to property and similar risks are inherent in any public event, and we cannot guarantee anyone's safety or that any event will go ahead as planned. By taking part in an event you accept these risks yourself and agree that FestApply is not responsible for them.

Suspension and ending

We may refuse, suspend or end anyone's access, and remove any content or listing, at any time and for any reason, including a suspected breach of this agreement. Sections that by their nature should continue (records, fees owed, decisions, limits of responsibility, indemnity, governing law) continue after your account ends.

Changes to this agreement

We may publish a new version of this agreement. When we do, you will be asked to accept the new version before you continue to use FestApply. The version you accepted, and when, is kept in our records.

Electronic agreement and signature

You agree that clicking the agreement button, with the name you type, is your legal signature, that this agreement and every record of it can be kept and delivered electronically, and that an electronic copy has the same force as a signed paper copy. You may print or save a copy at any time. We also email you a time-dated acceptance record.

Governing law and the whole agreement

This agreement is governed by the laws of Florida, without regard to its conflict-of-law rules, and any court action about it must be brought in the courts located in Florida, to whose jurisdiction you agree. If any part is found unenforceable, the rest continues. This agreement, with the event agreement (if any) that you accept when you apply, is the whole agreement between you and Where The Shows Are!!! about FestApply.

Contact

Where The Shows Are!!! · PO Box 434, Edgewater, FL 32132 · festapply@wheretheshowsare.com