Vendor Agreement
Sugar Days Marketplace
COPY OF OUR VENDOR AGREEMENT
FOR ONLINE REVIEW AND AGREEMENT
SIGNED COPIES WILL BE SENT OUT TO
VENDORS ONCE THEY ARE APPROVED.
1. LOCATION AND DATE
Sugar Days will be held at the AllTech Arena, at the Kentucky Horse Park 4089 Iron Works Pkwy. Lexington, KY 40511. Move in and set up day will be Thursday, May 22, 2025. The market will be open to the public on Friday, May 23, 2025 and end on Sunday, May 25, 2025. Sugar Days has a "rain or shine" policy. Failure to show at the market will result in automatic loss of space assignment, and loss of all deposit, booth rental and any fees paid.
Event hours of operation are as follows:
Thursday, May 22, 2025 9:00 am to 9:00 pm - VENDOR MOVE IN DAY
Friday, May 23, 2025 - 10:00 am to 6:00 pm – MARKET OPEN TO PUBLIC
Saturday, May 24, 2025 - 10:00 am to 6:00 pm – MARKET OPEN TO PUBLIC
Sunday, May 25, 2025 - 10:00 am to 4:00 pm – MARKET OPEN TO PUBLIC
(Booth Tear down will be 3:00pm till 10:00pm Sunday.)
Food Truck tear down will be 2:00 pm sunday
Hours of operation are EST.
2. SET UP & TEAR DOWN
The Vendor acknowledges and agrees to arrive for setup at an assigned time to be determined by the event organizers, with setup occurring on Thursday, May 22, 2025. The Vendor further agrees to have their booth fully set up and ready for business no later than thirty (30) minutes prior to the event start time each day, as outlined in Section 1 of this Agreement. The Vendor understands that failure to arrive at the assigned check-in time may result in delayed check-in and loss of unloading services. All Vendor vehicles must be parked in the designated vendor parking area. Vendors are prohibited from breaking down their booth space before the official close of the market on the final day of the event, unless explicitly authorized by Sugar Days Staff. Additionally, booths must be completely packed and ready for transport before vehicles are permitted to move to loading areas, and load-out must be completed, with all inventory and personal effects removed, within a reasonable time following the market's closure on the final day.
3. VENDOR
3.1 Parking: The Vendor agrees to park all vehicles, trailers, and similar equipment exclusively in designated vendor parking areas. Upon check-in, Sugar Days will provide a minimum of one (1) parking tag and one (1) temporary trailer identification sticker for all vendor vehicles and trailers parked at the event site during the event week. The Vendor acknowledges that all provided Sugar Days parking tags and trailer identification stickers must be prominently displayed on vendor vehicles and trailers throughout the duration of the event. Sugar Days reserves the right to tow any vendor vehicle or trailer parked in an unauthorized area or without the required Sugar Days identification, at the Vendor's expense.
3.2 Booth Area: The Vendor agrees to maintain their designated booth space in a clean and orderly condition at all times and is solely responsible for cleaning their area at the conclusion of the market, including the removal of all trash, boxes, packing materials, and unsold goods from the property. The use of market dumpsters for large item disposal is strictly prohibited, and the Vendor must remove all large items from the property at their own expense. The Vendor is responsible for providing all necessary equipment and materials for their booth and ensuring that such items remain within the assigned booth space. Tents may not be secured into asphalt or concrete, tables must be covered, and all Vendor materials, including packing supplies and personal items, must be concealed under tables with the use of appropriate coverings. Signage must be contained within the footprint of the booth space. The Vendor agrees to conduct themselves professionally, cooperatively, and reasonably in interactions with customers, market staff, and volunteers. Guests are not permitted to shop in Vendor booths before the official event opening. The use of alcohol, smoking, illegal substances, or weapons is strictly prohibited at all times. The Vendor is responsible for displaying and selling their goods throughout the event.
3.3 Vendor Passes: Sugar Days will provide Vendor Passes to all approved vendors, with each approved vendor receiving two (2) Vendor Passes. Vendor Passes must be worn and visibly displayed at all times during the Sugar Days event. Vendor Passes are strictly non-transferable and may not be shared between vendors. Additional or replacement Vendor Passes may be obtained for a fee of $5.00 each.
3.4 Electricity: Access to a standard 110-volt electrical outlet will be provided to Vendors for an additional fee of $35.00. Vendors utilizing electricity are required to supply their own 50-foot, 12-gauge electric cord and surge protector. Any Vendor requiring more than one standard 110-volt electrical outlet must notify the Sugar Days promoter in advance and obtain confirmation that their additional electrical requirements can be accommodated.
3.5 Goods Being Sold: The Vendor agrees to sell only the goods that were authorized during the application process. The Vendor further agrees to clearly display and identify all items being sold within their booth, maintaining a neat and orderly presentation throughout the event. All pricing must be clearly marked and legible to ensure transparency for customers.
3.6 Internet Access / Cell Coverage: Internet access and cell coverage are not guaranteed at the event; therefore, Vendors should be prepared to conduct business without relying on Internet or cell service. In conjunction with the Kentucky horse park a vendor Wi-Fi access point will be available for a $45 access fee. This will give a passcode for the Vendor's exclusive use and must not be shared with anyone.
3.7 Vendor Event Participation: Vendor will provide advertisement and promotional material that will be given to approximately 100 customers via goody bags. These can be but are not limited to: coupons, flyers, samples of products, Branded keychains, pens, stickers or even business cards. Or vendor can opt to donate one item thats value is greater than $25 to be used in a raffle.
4. Open Flame and Propane Tanks:
Sugar Days strictly prohibits the use or presence of propane or butane tanks inside the building and forbids any open flames within the building. Vendors with trailers containing propane or butane tanks are strongly encouraged to secure the tanks within their vehicle or trailer. If a tank is built-in, the Vendor is required to contact the event director in advance to confirm compliance with local fire codes and obtain necessary approvals. Food trucks utilizing propane are permitted in designated areas, provided the operator fully complies with all applicable local and state fire codes.
5. FOOD VENDORS – Catering/Food Trucks
5.1 All Food vendors are required to obtain any and all permits and/or licenses and inspections which may be required by local and state government.
5.2 Food vendors are required to maintain liability insurance for their food and/or beverage business. They are also required to name the Kentucky State Horse Park as an additional insured for general commercial liability. Proof of insurance has to be submitted to the event director 15 days prior to the event so it can be turned into the Kentucky State Horse Park.
5.3 Food vendors agree and shall be responsible for paying the Kentucky State Horse Park’s 20% surcharge of all food and beverage sales during the event. This payment has to be submitted within 5 business days after the completion of the event. Sales Tax and Labor shall be excluded from the catering calculations.
5.4 Food vendors are prohibited from selling any open containers of alcohol at Sugar Days.
5.5 Food vendors must submit with the application a menu list of the items being served at Sugar Days. Sugar Days reserves the right to ask the vendor to not serve particular items that another vendor will be serving at the event.
5.6 All Food vendors must provide their own electric through their own generator during the event. It is required that the vendors food truck be self sufficient for all their needs during the event.
6. QUALIFYING PRODUCTS
6.1 Sugar Days vendors are assigned to one vendor category, requiring vendors to maintain the standard of the assigned category. All goods exhibited at Sugar Days must maintain the standard of the assigned category.
6.2 If Sugar Days determines that the standard is not being maintained, Sugar Days, at its discretion, will require removal of goods to ensure the minimum criteria of the category is maintained. Failure to remove goods could result in vendor being charged a non-compliant fee of $1000.00 per day. Vendor will not be permitted to participate in future Sugar Days events until all fees are paid in full. Non-compliance could result in vendor no longer participating in any future Sugar Days events.
6.3 All goods sold at Sugar Days must meet reasonable high-quality standards, demonstrating exceptional craftsmanship, the use of premium materials, or unique design, and must align with Sugar Days' elevated expectations of originality, authenticity, and refined aesthetic appeal. Vendors are required to ensure their merchandise complies with these standards to maintain the event's distinguished shopping experience for all attendees.
6.4 The Vendor expressly warrants that all goods sold to customers are as represented by the Vendor. In the event that any goods sold are not as represented, the Vendor agrees to refund the full sales price to the purchaser. Furthermore, if any purchaser initiates a legal action, whether in law or equity, against Sugar Days or its employees in connection with goods misrepresented by the Vendor, its agents, or employees, the Vendor agrees to indemnify and hold harmless Sugar Days and its employees from any resulting losses. This indemnification includes, but is not limited to, reimbursement for attorneys' fees, additional attorneys' fees, and appeal costs incurred by Sugar Days in defending such action and/or enforcing this indemnity obligation.
7. PROMOTIONAL MATERIAL LIMITATIONS
Sugar Days reserves the right, at its sole discretion, to require any Vendor to remove merchandise or promotional items deemed inappropriate for the event, including but not limited to items featuring offensive language, profanity, or unapproved products. Vendors are strictly prohibited from distributing any promotional materials at the event without prior written authorization from Sugar Days. Failure to comply with these provisions may result in a fine of $100.00 or, in the case of continued noncompliance, the Vendor’s removal from the event.
8. ASSIGNMENT OF CONTRACT
Sugar Days reserves the right to assign Vendor locations on a first-come, first-served basis, while making reasonable efforts to accommodate the needs of all Vendors. Sugar Days retains the sole discretion to make final decisions regarding booth assignments, and Vendors agree to abide by such decisions. Vendors are prohibited from transferring or subleasing their assigned booth space to another vendor or sharing the space with another vendor without prior approval from Sugar Days. Any additional vendors must submit an application and obtain approval from Sugar Days before selling goods at the event. A fee, that will be decided on a case by case basis, will be applied and must be paid by the applicable deadline. All approved vendors are required to sign and return a Vendor Contract prior to participating in the event.
9. REGULATORY PERMIT AND INSURANCE REQUIREMENT
The vendor is responsible for all permits and insurance required or necessary for the operation of Vendor's business. Additionally as stated in section 5.2, Food Vendors are required to maintain liability insurance for their food and/or beverage business. They are also required to name the Kentucky State Horse Park as an additional insured for general commercial liability. Proof of insurance has to be submitted to the event director 15 days prior to the event so it can be turned into the Kentucky State Horse Park.
10. REGULATORY TAX REQUIREMENT
The Vendor is solely responsible for assessing, collecting, and remitting all applicable taxes, including city, county, and state sales taxes, as required under Kentucky Tax Laws. For this event, a sales tax rate of 6% applies to all products sold. Sugar Days bears no responsibility for collecting or remitting sales tax on behalf of Vendors. Vendors are advised to contact the Kentucky Department of Revenue to request an application for a tax identification number for the state of Kentucky. Compliance with all applicable sales tax laws is the sole responsibility of each Vendor, including the payment of all collected sales taxes. Furthermore, Sugar Days will report the participation of all Vendors at the event, confirming that sales tax collection was the responsibility of each Vendor during the event.
11. MINORS
The Vendor agrees to supervise any accompanying minors under the age of 18 at all times, ensuring that such minors remain with the Vendor throughout the entirety of the event. The Vendor shall be solely responsible for any damage caused by the minor and agrees to indemnify and compensate the damaged party as necessary. Vendors are advised that the event is expected to be a busy venue, and bringing minors requiring significant attention is strongly discouraged, as the Vendor's primary responsibility is to conduct business, not babysit.
12. VENDOR REFUND POLICY
All vendor payments to Sugar Days are final, non-refundable and non-transferable.
13. PHOTO RELEASE FOR ADULTS
13.1 The undersigned hereby consents to and authorizes Sugar Days to use and reproduce any photographs and/or video taken of their booth during the event for any purpose, without compensation to the undersigned or their assignees. All images and digital files are the exclusive property of Sugar Days, which reserves the right to use such photographs and/or video for online publications, the Sugar Days website, and any social media platforms operated by Sugar Days or Sugar Mountain Trading Co. LLC. The undersigned affirms that they are at least 18 years of age and have read, understood, and agreed to the terms of this release.
13.2 The Vendor consents to Sugar Days using photographs submitted as part of the application process for promotional purposes. The Vendor grants Sugar Days and Sugar Mountain Trading Co. LLC permission to use such photographs and/or videos in online publications, on the Sugar Days website, and across any social media platforms operated by these entities. Additionally, the Vendor authorizes Sugar Days and Sugar Mountain Trading Co. LLC to use the submitted photographs in other promotional mediums, including newspapers, magazines, and similar outlets. The Vendor further confirms that all individuals depicted in the submitted photographs have provided consent for their likeness to be used for promotional purposes.
13.3 The Vendor hereby consents to Sugar Days utilizing the Vendor’s logo and online media strictly for promotional purposes to enhance awareness of both the Vendor and Sugar Days among potential customers. The Vendor grants Sugar Days and Sugar Mountain Trading Co. LLC the right to use such logos, media, photographs, and/or videos in online publications, on the Sugar Days website, and across any social media platforms operated by these entities. This consent is provided solely for promotional purposes and without any expectation of compensation.
14. HELPER SERVICE
Sugar Days offers a service to assist Vendors with unloading and loading heavy items from their trailers before and after the event. This service must be pre-arranged and scheduled in advance to ensure adequate staffing is available upon the Vendor’s arrival. The service includes one (1) helper for 30 minutes of unloading assistance and/or 30 minutes of loading assistance for a fee of $75.00 for load-in and $75.00 for load-out. Additional helpers may be secured at a rate of $75.00 per helper. All fees for this service are non-refundable, as staffing arrangements will have been made regardless of whether the Vendor utilizes the service.
15. SHIPMENTS
If the Vendor elects to ship their goods rather than transporting them personally, the Vendor assumes full responsibility for managing all associated logistics. This includes arranging transportation, securing off-site storage, ensuring the delivery of items to the event site on the designated setup day, and the removal of all items from the event site on the tear down day. Sugar Days shall bear no responsibility for any aspect of the shipping, storage, or handling of the Vendor’s goods.
16. SECURITY
Sugar Days contracts limited security services for the event; however, Sugar Days expressly disclaims any liability for lost, stolen, or damaged merchandise. Vendors who elect to leave items overnight do so entirely at their own risk and assume full responsibility for the safety and security of their property. Uniformed roving security personnel will be present in the exhibit areas during hours open to the public, providing a general security presence. During event dates, standard nighttime security measures conducted by the Kentucky State Horse Park will also be in effect, but these measures do not constitute a guarantee of protection for Vendor property.
17. PAYMENT, LATE FEE, AND CANCELLATION
17.1 Approved vendors must sign this contract and pay the total amount due for participation in Sugar Days by the listed due date to guarantee vendor acceptance. A $55.00 return check fee will apply for any checks returned unpaid. Booth space will not be held if payment in full is not completed by the prescribed date set forth in the invoice. Online payment arrangements will be available.
17.2 The Vendor acknowledges that failure to return the signed contract and remit full payment by the specified due date will result in the forfeiture of their reserved booth space. Upon forfeiture, Sugar Days reserves the right to either issue a new contract to the Vendor, including a notice of a $150.00 late fee applied to the Vendor's account, or to reassign the booth space to another Vendor. If Sugar Days elects to reissue the contract, the Vendor must return the signed contract and pay the full amount, including the late fee, within 5 business days of the date the reissued contract was sent. Failure to comply with these terms will result in the forfeiture of the booth space, no further contracts being issued, and disqualification from participation in future Sugar Days events.
17.3 Sugar Days reserves the right to cancel the event if it determines that a threat to public safety exists, including but not limited to risks arising from health concerns, acts of terrorism, or extreme weather conditions that could result in harm or injury to any individual attending the event. Extreme weather conditions may include, but are not limited to, high winds, tornadoes, cold temperatures, lightning, and frozen or severe precipitation. In the event of cancellation, Vendors will be issued full credit toward a future Sugar Days event. Should a full cancellation occur, Sugar Days will notify all contracted Vendors by phone and/or email no later than 24 hours prior to the event.
18. LIABILITY AND INDEMNIFICATION
The Vendor is solely responsible for damages or liabilities resulting from the private dealings with any helpers, customers and sale of unsafe or unsound goods. Sugar Days or Sugar Mountain Trading Co. LLC will not be responsible for damages or personal injury resulting from the use of umbrellas, tables, tents and other devices used in conjunction with the vendor’s booth. Neither Sugar Days, Sugar Mountain Trading Co. LLC nor the owners of the property where Sugar Days takes place assumes any responsibility day or night to ensure the safety of Vendor’s property, goods and consumables from damage, theft, fire, malicious mischief, accident, loss of electricity, weather related incidents, or other. Vendor agrees to not hold Sugar Days, Sugar Mountain Trading Co. LLC and/or the property owner liable for any theft or damage caused to their inventory or personal effects before the sale, during the sale and/or after the sale. Security measures will be provided but this in no way ensures that the Vendor’s property is secure from all possibilities of damage or theft. The Vendor is charged with the responsibility of protecting their own property at all times during the event and obtaining the appropriate liability and property insurance (recommended). The Vendor hereby agrees to indemnify, hold harmless, release, waive and forever discharge Sugar Days, Sugar Mountain Trading Co. LLC their employees, agents, officers, and the property owner for all bodily and personal injuries, including injuries resulting in death, and property damage, claims, actions, damages, liabilities and expenses, including reasonable attorney fees and court costs, which may occur as a result of the Vendor’s participation in the Sugar Days, whether or not sounding in tort or contract, and whether or not caused by a negligent act or omission of Sugar Days, Sugar Mountain Trading Co. LLC their employees, agents, officers and property owner. In consideration of the acceptance of the right to participate, entrants, participants, and spectators by execution of this contract form, release and discharge Sugar Days, Sugar Mountain Trading Co. LLC, venue location, and their partners, franchisees, licensees, directors, employees, contract labor, agents, representatives, and servants, and anyone else connected with management or presentation of Sugar Days of and from any and all known and unknown damages, injuries, losses, judgments, and/or claims from any cause whatsoever that may be suffered by an entrant to this person or property.
19. COMPLIANCE
19.1 The Vendor shall bear sole responsibility for ensuring that all items sold or marketed for sale at the Premises comply with all applicable local, state, and federal laws and regulations. The Vendor shall not sell or market for sale any items that infringe upon the rights of any third party, including but not limited to items that violate copyrights, trademarks, patents, trade secrets, or the publicity and privacy rights of others. In the event of any claims or allegations of infringement arising from the Vendor’s acts or omissions, the Vendor expressly agrees to defend, indemnify, hold harmless, release, waive, and forever discharge Sugar Days, Sugar Mountain Trading Co. LLC their employees, agents, officers, and the property owner from and against any and all such claims or liabilities.
19.2 No smoking, vaping, or use of alcohol is permitted during the Sugar Days event.
19.3 For a period of twenty-four (24) months following the effective date of this Agreement, the Vendor agrees not to directly or indirectly solicit business from, or attempt to develop, own, operate, or create, any event that is the same as or substantially similar to a Sugar Days event, including those targeting any customer or vendor who attended a Sugar Days event. This restriction shall apply nationwide, encompassing all states within the United States, and is intended to protect the legitimate business interests of Sugar Days and Sugar Mountain Trading Co. LLC.
19.4 Vendors who own or operate an event similar to Sugar Days are required to obtain prior written permission from both the General Manager of the Sugar Days event and Sugar Mountain Trading Co. LLC before participating in any Sugar Days event. Failure to secure such permission will result in a $2,000 fine.
19.5 The Vendor acknowledges and agrees that any breach or continued breach of this Agreement will cause irreparable harm to Sugar Days and Sugar Mountain Trading Co. LLC, for which no adequate remedy at law exists. In addition, the Vendor may be held liable for any damages resulting from such breach, including the payment of reasonable attorneys’ fees and costs incurred by Sugar Days and Sugar Mountain Trading Co. LLC in enforcing the terms of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Kentucky, where the Sugar Days event is hosted.
19.6 Vendors with any outstanding balance owed to Sugar Days from a prior event will be prohibited from participating in any future Sugar Days events until the outstanding balance is paid in full.
20. ACCEPTANCE OF CONTRACT
20.1 The Vendor agrees to identify any employees or contract labor who will be assisting them before, during, or after the event with setup and break down or working in the booth area. Vendor agrees to make sure that lanyards identification will be worn at all times by vendor and any employee or contract labor. Vendor agrees to take full responsibility for any action or incident occurring at a Sugar Days event by an individual that is employed or contracted by vendor.
20.2 The Vendor agrees that unless and until Sugar Days accepts the Vendor contract, it shall not be binding. If and when the contract is accepted by Sugar Days the vendor will receive a confirmation email confirming payment and acceptance, it shall become binding upon both Sugar Days and Vendor, with respect to space assigned. Pursuant to the terms of this contract, the Vendor has read, understands, and agrees to be bound by the above referenced terms as a Vendor participant in Sugar Days.
Sugar Days reserves the right to cancel vendor contract up to 7 days prior to the start of the event if so determined to be in the best interest of the Sugar Days Event. Sugar Days will return all fees collected from approved vendor within 30 days of notice of cancellation.