Event Sponsor Participation Agreement

About this agreement

This is an agreement between you (the person and organization listing and running events) 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, for yourself and for your organization, and you confirm that you have authority to do so. You must accept it to take part on FestApply.

What FestApply is, and what it is not

FestApply is an online service for listing events, receiving and reviewing applications, communicating with exhibitors and collecting payments. We do not run your event, and we do not decide who takes part in it. We are not a party to any agreement or transaction between you and an exhibitor.

Platform fees you owe Where The Shows Are!!!

You owe Where The Shows Are!!! a platform fee for each transaction completed on FestApply, and also for each transaction with an exhibitor who reached your event because of FestApply (for example by finding your listing here) even if the exhibitor applies or pays you somewhere else, for example on your own website or by check ("referred transactions"). The fee is the one in effect for you, shown on your Billing page; we may change the fee schedule for future transactions by giving notice.

Fees are billed weekly. Each Monday after midnight (Eastern time) we total the fees that have become due and charge the payment method you keep on file with us. You agree to keep a valid payment method on file at all times and authorize us to charge it. If a charge fails we may try again, suspend your listings and your ability to use FestApply, and recover what you owe, including reasonable collection costs.

A fee is earned when the transaction is completed. Fees are not refundable. If you refund an exhibitor, cancel an event, reverse a charge or settle a dispute, you remain responsible for the fee on the original transaction, and we are not required to refund or credit it. We may choose to adjust a fee in a particular case; doing so does not change this rule.

We keep a record of every transaction that results in a fee, how each fee was worked out, and each weekly statement. Unless there is an obvious error, our records are conclusive about what you owe. You agree to report referred transactions honestly and completely when we ask, and to let us check them. If our system fails to record a transaction, or there is any technical problem or error in calculation, you still owe the fee, we may correct and bill it afterwards, and FestApply and Where The Shows Are!!! are not responsible for the failure or error, however it was caused.

Your dealings with exhibitors are between you and them

Every application, fee, booth, refund, cancellation and other dealing between you and an exhibitor is a transaction between the two of you only. Where The Shows Are!!! has no responsibility for any part of it and does not hold or control that money. Payments from exhibitors go to your own payment-processor account (for example Stripe), which you must open and keep in good standing and whose terms you must follow. You are responsible for your event, your listing's accuracy, your jury and selection decisions, your refund and cancellation policies, any refund you owe, taxes, permits, licences and insurance, and the safety of your event.

You agree to show exhibitors your event agreement, which they must accept when they apply. If you do not write one, a standard one is used. You understand that a time-dated copy of what each exhibitor accepted is kept in our records.

Refunds you give to exhibitors are your responsibility, not ours. If you refund an exhibitor, or cancel your event and refund everyone, the platform fees on those transactions remain owed (see above). You agree to repay us for any chargeback, reversal or dispute cost that we are charged because of a transaction with you.

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.

Reporting referred transactions, and dealing honestly with Where The Shows Are!!!

If an exhibitor applies to, or pays for, your event outside FestApply and that exhibitor reached you through FestApply, you must report them in your account under Outside applications within 7 days of receiving the application or payment, with what they paid. When we ask, you must confirm in writing that your report is complete. The fee on each reported exhibitor is added to your next weekly bill.

Links from your FestApply listing to your own website or application pass through FestApply, which records each click with its date, time and visitor details. We may treat an exhibitor as referred if our records show that they viewed your listing, used its Apply or website link, or contacted you through FestApply, unless you show us otherwise. Our click records, the exhibitors' own records and your reports are all evidence, and you agree that our records are conclusive unless there is an obvious error.

You must not avoid, reduce, hide or delay a platform fee, or help anyone else to. This includes: removing or replacing your listing's links so that they skip FestApply; steering exhibitors to apply or pay elsewhere, or to contact you outside FestApply, so that a fee is not recorded; leaving out, understating or mis-describing an exhibitor or an amount (for example by calling a booth fee a donation, a sponsorship, a gift or a trade); taking payment in a form that hides it; using another account, name or organization; listing the same event again under a different name; and giving us false or incomplete information in a report or confirmation.

If we find a referred transaction that you did not report, or any breach of this section, you agree that: you owe the fee on every such transaction at the standard FestApply rate or the higher rate in effect for you; you will also pay late charges and our reasonable costs of finding and checking it; you will give us, within 10 days of a request, the applications, payment records and messages we reasonably need to check your report; we may charge the payment method you keep on file; we may suspend or remove your listings and account; and you will pay our collection costs and reasonable legal fees. These steps are in addition to any other right we have.

Messages you send to exhibitors

You may use FestApply to contact exhibitors about your event. You must only send marketing email or text messages to people who have opted in, must follow the laws that apply to you (including email and text-message laws), and are responsible for your own email or texting provider and its rules. We keep a copy of messages sent through FestApply for the records described below.

Your listings and content

You promise that your listings and everything you add are accurate, that you have the right to use them, and that your event is real and lawful. You give Where The Shows Are!!! a non-exclusive, worldwide, royalty-free licence to store, copy, resize and display your listings and content on FestApply and to promote your event. We may edit, merge, hide or remove listings (for example duplicates or inaccurate listings). You may use exhibitors' information only to run your event and to contact them as allowed, and you may not sell it.

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