Vendor Agreement

Terms and Conditions for Purchase include reading,  being familiar with, and being bound by, Rules and Regulations of the Market and Vendor Agreement Below

This Vendor Agreement is contractually binding between your business ("Vendor") and Earth and Sky Creations LLC ("Organizer"). By consenting you are agreeing to all the terms and conditions of operation at the market stipulated below:

 

WHEREAS, the Organizer procures, and makes available for temporary use, outdoor space, located in the private property known as Atlantic Station, with an official address of 1380 Atlantic Dr., Atlanta, Georgia 30363, where Creator's Market at Atlantic Station (herein after referred as the 'Market') will take place; and

WHEREAS, Vendor is engaged in the business of exhibiting and/or selling their goods and/or services to willing customers, clients or patrons, is at least 18 years old, and has interest to participate in the Market.

NOW, THEREFORE, it is agreed that:

PURPOSE. Organizer agrees to provide Vendor space to conduct Vendor's business at Creator's Market at Atlantic Station as per the terms below. Vendor's use of Market premises is limited to the space selected by Organizer, per the Rules and Regulations of the market and/or expressed in the item description at the time of purchase. Vendor is guaranteed a minimum of 100 square feet of space, except in the case of approved cart vendors. Vendor accepts the opportunity to participate as a vendor in the Market for any or all days on which the Market operates during 2023 for which they have been selected and accepted by the organizer as part of the curation process described below, provided that Vendor's acceptance for the relevant date(s) has been verified by:

  1. Vendor actually having made authorized payment for space at the Market for such date(s), or
  2. Vendor has agreed to make payment for the space on terms mutually agreed by the parties, such as by % of sales for specific dates, or
  3. Vendor has authorized any credits on their account be applied to secure specific dates they've been approved for, whether such authorization was made verbally, in person, by phone call, email or text.

CONDITIONS. Vendor hereby accepts the following listed conditions and limitations and agrees to follow and abide by the Following Rules, Regulations, and Procedures of the Market:

1. This Market is different from many of the other markets or shows Vendor may attend. We operate in a highly developed and manicured area. Vendor should read, be familiar with, and must be willing to comply with all the rules and regulations of the Market before coming out.

    2. After acceptance to a specific weekend, a paid fee for the Market gives the vendor a 10ft.x10ft. space at a location chosen by the Organizer, though preferred space purchasers may pick their space. Spaces are generally assigned the day of Market (except for some cases of preferred space purchasers). The space may be anywhere on Atlantic Station premises at Organizer's discretion depending on what was purchased, and will generally be near Atlantic Green or the streets adjoining it, unless noted otherwise, or in the event of space conflicts with other events. We do NOT offer tables or chairs in any official way; while sometimes we can come up with something in a pinch, it's not a standard part of the market and in no way guaranteed. Booth fees are for empty space.

      3. Please note that each and every weekend is a curated show and Market space is in high demand. Organizer may select and curate each weekend's show at their sole discretion of what is best for that show. Vendor must have a notice of acceptance for that particular weekend before paying to have secured a space. Payments made without an acceptance letter for a specific weekend will be considered Unauthorized Payments, and may either be refunded immediately or held in a TBD status until we decide the lineup for that show. Unauthorized Payments may be refunded at any time by us or upon Vendor’s timely request according to cancelation notice requirements laid out elsewhere in this agreement, or they may be accepted later at our choosing. Unauthorized payments do not entitle Vendor to market space. Payments after receiving an acceptance letter DO entitle Vendor to a space as per terms noted below and subject to correspondences sent to you. Acceptance letters may also be voided if any terms in this agreement, or term otherwise mutually agreed to by both parties, are breached. Please note Atlantic Station is private property and Organizer is under no obligation to invite a vendor to any specific number of shows or any shows at all. That said, we want to make the market great, and it's great vendors in the form of artists, crafters, creators & talented people of all sorts, like many of you, who help us do that. Among other things, we aim to have diversity in the products and people who make the market great.

        4. Upon acceptance to specific date(s) of the market, Vendor will be sent an acceptance letter specifying the allowable time to make payment for said dates. Organizer reserves the right to make reasonable changes to this for any particular Market date(s) with notice sent to the email on record for the Vendor.

          5. Vendor must remain open for business for all posted market hours (these will be sent with the load in details for each market) and generally run 11am - 9pm on Saturday, Noon-7pm on Sunday and certain applicable Fridays from 4pm - 10pm (hours may change for some weekends with notice to email of record) – Vendor is prohibited from closing early unless pre-authorized by the Organizer. Vendor agrees they will not close early or leave their space unattended (except for quick necessities).

          6. The vendor is responsible to provide and prepare their own tent(s) and display(s). Vendors may not set up without a tent unless pre-approved to do so by the organizer (very rare). All tents must be only WHITE or GRAY canopied, be NFPA-701 fire rated (most of the good brands of tents are), and weighted (at least 35 lbs of weight per leg = 140 lbs of weight) - markets will have wind and we will enforce this rule strictly for market safety. Also note that generally slanted leg tents are not permitted.Failure to comply with this requirement can result in vendor being denied the right to set up or asked to pack up and leave. If you have weights, but not enough you can still bring them, be advised not having enough weight will often result in us force placing needed weights (if we have any available) with appropriate prorated fees due from your business; this should be pre-cleared with us, such that we may prepare to provide you with extra weight(s). NO REFUND would be due to vendor if proper weights and/or tents have not been brought or arranged for from us in advance. Where available, and only if available, as a service, organizer can provide a tent and/or weights for the vendor for a service fee; this service may be availed easily on our website when checking out by adding the relevant tent or weight service items needed to your shopping cart before checking out (or subsequently). (They have generally always been available, but we cannot guarantee availability as quantities are not inexhaustible). With service fee paid, we would provide and setup and take down tents and/or weights for the space you will occupy, as relevant.. 

            7. **Vendor must have tablecloths or coverings that cover their tables or display(s) to within 2 inches of the ground along the full breadth of all sides. Nothing should be visible under Vendor’s table or display from any side of the tent. We keep our market looking very clean**

              8. For the safety of Vendors and Customers, the latest CDC guidance related to COVID protocols should be implemented by Vendors whenever interacting with anyone at Atlantic Station. Please do your best to be sure products are clean and sanitary. Hand sanitizer is required to be present and visible in or attached to the tent at each vendors booth.

                9. Vendors or their workers, associates, family, or anyone... may not attend and participate in the market if they have developed symptoms indicative of COVID infection, or tested positive for the same, or been exposed to someone with a confirmed or likely case of COVID within CDC Guidelines latest exposure period. In the event they have previously had COVID, or currently do, or have likely been exposed, vendor must wait full CDC Guidelines Isolation period AND additionally until after all symptoms have significantly improved/abated before returning to the market. Vendor may return earlier, in some cases, with appropriate testing results in combination with other factors. We will be very lenient in issuing refunds and honoring cancelations for those complying with this rule.

                  10. While not an absolute requirement for every vendor it is HIGHLY RECOMMENDED that Vendor bring appropriate white or gray sidewalls for their tent, both to protect merchandise from inclement weather and for wrapping up the tent overnight. The Organizers, Owners, and Managers of this market assume no liability for products damaged or stolen from overnight stay or weather. Bringing a Tarp to cover Items is also highly recommended. However, No Tarps, Sheets, or other wrappings or coverings may be hung from the tent in place of appropriate sidewalls without the approval of the Organizer (we can provide sidewalls (though we do not guarantee their effective protection of your products/belongings) - they are a separate service item from the tent service [they do not come with it] - this is generally offered on site - supplies are not inexhaustible but we generally have them and will ask each Vendor if they would like some).

                  11. Vendors booth setup must have a clean and tidy appearance - No boxes, containers, trash, extra stock, unnecessary, or ancillary items of any sort are permitted to be visible after set-up time and official market open; all such items must be placed under properly skirted/covered tables or displays or removed to your vehicle or offsite. Maximum number of 3 people allowed to operate Vendor’s business in the space (except during load in and load out)
                    12. Vendor agrees to abide by the Atlantic Station code of conduct, available to be viewed at: http://atlanticstation.com/code-of-conduct/
                      13. Load In generally occurs in a short time window about 120-90 minutes before market opens: RECOMMENDED Vendor bring a hand truck/ dolly to get items to their space. Market is usually located around Atlantic Green. Note While it may be tempting as it is closer to many booths, parking on the light colored cement has not been allowed in the past, and you should NOT park there unless you have been specifically guided to do so by the organizers. We generally park in the blacktop/asphalt areas on East or West District Ave. and/or in loading zones on 18th or 19th Steet as necessary.
                        14. Late Arrivals for Load-In may have lost their reserved space or right to participate in that Market Day; if Vendor arrives beyond the specified Load In Time they may or may not be able to pull their vehicle into the Market area as directed by Organizer. Loading zones close to vehicles at certain times, per agreements with Atlantic Station, and these times sometimes vary. Details as to what time roads may close will generally be sent via Load-In instructions the week of the show. Late arrivals for Load In may have to carry their set up from a distance or from the parking garage - No Refunds will be available for late arrivals who are unable to be fully set up in time for market open. If Vendor arrives with less than 30 minutes until Market's official start time for that day, or the Vendor arrives with less time than it normally takes them to get setup, the Organizer will have the right to refuse entry to the Vendor with no refund or credit due for that Market day. If the the Market that week is a multi-day event, and Vendor has paid for other days, they will generally still be able to set up and sell on those days if they provide the Organizer notice that they intend to do so as soon as is reasonably possible and at least 12 hours prior to the load in time for the day they have already paid for and plan to attend. If no such notice is provided, the organizer reserves the right to offer the space to another Vendor for said day(s).

                          15. After Vendor checks in they will have 15 minutes to unload their vehicle (NOT SET UP). As soon as unloading is complete and BEFORE SET UP Vendor’s vehicles must be moved to designated parking, which is usually the parking deck unless the vehicle is oversized. Vehicles will not be permitted to remain in or around the Load In area once unloading is complete or beyond the 15 minutes allotted for unloading.

                          16. A Parking Voucher, which will allow the Vendor free parking in the parking      deck for that day, will be provided for one vehicle per booth per day at the end of the day. Once Vendor has checked in and unloaded items to their space, it's recommended to immediately proceed to underground parking. Entrances can be found in many places including at the rear of the property behind Regal Cinemas. Take a normal ticket when entering the parking deck, the voucher can be applied to it late.

                          17. The Market is a rain or shine event. In rare cases with continual rain or known potentially dangerous conditions the Organizer may call off the markets and issue rain checks or credits.
                          Refunds requested by Vendor will only be issued if cancellation notice is sent to creatorsmarketas@gmail.com at least 72 hours before load-in time.

                          19. Application fees are non-refundable.

                          20. Artistic works or any vendor product or display may NOT contain any profanity or nudity (except in certain tasteful artistic cases) nor any ethnic or religious slurs, nor any vulgar material or subject matter subject to the discretion of the market organizer or Atlantic Station Management (if you have a question about a certain piece of art or item - kindly ask) - All mannequins must be clothed.

                          21. Weapons, knives, swords and the like, or any item deemed dangerous, by Organizer or AtlanticStation management, may not be sold or displayed. Illegal items, fraudulent, counterfeit, fake, knock off items, or anything which violates trademark or copyright of any other entity or person, cannot be sold. No open flames and no lit candles allowed.

                              22. Liability Insurance is recommended for all vendors, and is mandatory for certain vendors, including but not limited to vendors selling food and/or cosmetics products, face painters, and henna artists. Additionally, it is possible that any vendor, selling a unique item or having machinery, displays, services, or effects which is considered by organizer as a greater than normal risk to those at the Market, may be required to acquire and/or maintain insurance to participate in the Market. It is the responsibility of each Vendor to procure the same. Vendor further agrees that at any point in the future, the rules regarding insurance may change to include making it mandatory for more vendor categories or even all categories to have insurance. Earth and Sky Creations LLC (Organizer), its agents or representatives and Atlantic Station and all its owners, partners, managers, operators, employees, or contractors, are not responsible for any injury, damage, or loss that may occur to the Vendor, the Vendor's agents, employees, clients, customers or representatives, or Vendor’s property, from any cause whatsoever. Vendor is responsible to have or obtain insurance at their own expense for any loss, damage, or injury that may occur at the Market, including liability insurance.

                                23. Vendors are responsible for obtaining any required licenses, permits or approvals from the state, county or city as per laws applicable to their activity at the Market and for paying any taxes (inclusive of sales tax) or fees or other charges that may be due or applicable to governing authorities.

                                24. Sharing of booths amongst multiple businesses or Vendors is not allowed.

                                25. No Smoking anywhere at Atlantic Station (except designated areas and garages)

                                26. No loitering inside nearby restaurants or businesses unless you are buying something or actively shopping at that business.

                                27. No Power Generators allowed*. Power will generally be made available to Vendor, though it is not guaranteed. Vendors must supply their own extension cords as needed, a 50 foot or longer outdoor cord is required to be assured of reaching power outlets. While some street lights do exist on property, Vendor must supply their own lights for their individual space. Organizer reserves the right to limit what type of devices, machines, or items may be plugged into a particular power source. No Space Heaters is part of the official policy of the market.

                                28. NOISE: Vendors may not operate or use any machines or devices which make excessive noise (no excessively loud fans, no boomboxes, power generators etc). Likewise vendors will not cause any form of disturbance or otherwise make loud noise unnecessarily or play music in their booths (except into headphones).

                                29. Vendors or their workers or representatives are not permitted to walk around and solicit customers beyond arm's reach of their booth or poach other vendor’s customers by trying to divert them to their booth. Vendors may not carnival call to attract customers at a distance (more than 12 feet from their booth) - generally speaking if they are looking at your booth and within 3 steps distance it is fine to greet them and engage.

                                30. Load Out will happen 15 minutes after markets close - so there is no reason to pack up early. No vehicles will be allowed in to Market area until that time. Vendor must have all items, displays, and tents packed up neatly, cleared from the road and parking areas and ready for loading BEFORE going to retrieve their vehicle. Vendors agree to stay open with products available until official Market close (not 5 minutes before). We request all Vendors to be loaded out approximately one hour after market close, allowing that some may take a bit longer.

                                31. Load Out time is limited to two hours. Vendor is responsible to ensure they have fully loaded out, and removed from Market premises, all their products, displays, functional items, and all their belongings no later than two hours after the event closes.

                                32. TRASH: Each Vendor is responsible for removing their own trash. Make sure your area is clean with no trash at all left behind, including cable ties, string and the like. Do Not stack boxes or leave trash bags next to trash cans. Do not leave anything behind as all items are your responsibility to remove (including broken displays, tents, chair and the like).

                                33. NOTE On Photos/Video: The Organizer and Managers reserve the right to use, for promotion of the market, any photos or video taken at the market, inclusive of photos or video of Vendor or Vendor's workers, employees, products, displays etc. By agreeing to be part of the market you agree that we may use all such photos or video as mentioned for promotion of the market in any way we deem fit.

                                34. Market Organizers or Managers may update, add to, or modify these rules at any time with notice sent to the email on record for Vendor. It is Vendor's responsibility to remain aware of and follow and abide by changes in rules and regulations. Updated Rules and Regulations will be posted on our latest website (currently creatorsmarket.art).

                                35. The Market Organizer, Earth and Sky Creations LLC, reserves the right to remove any vendor for breach of this agreement. The Market Organizer may require the Vendor to pack up and leave the market premises at any time if any rules and/or regulations or procedures, statedherein, and agreed to as indicated, have been breached by the Vendor. No Refund will be due to the vendor in such an event and future dates may also be canceled or invites withdrawn.

                                36. The final clause - Let's all work together and help each other out to make it great; cooperation and combined effort with positivity will guide our success! It's a wonderful market that we all have created together!

                                PAYMENT. Vendor is provided with space at the Market in exchange for payment for said space. Payments must happen in advance of the market unless otherwise specifically agreed by the parties in writing. The pricing for different space types is available to view on our latest website (currently creatorsmarket.art). Space location will be assigned by Organizer, as specified in product descriptions, and provided to Vendor upon arrival at the event. In certain instances, often related to vendors in fine art category, we may separately agree to a percentage (%) of Vendor's gross receipts at the Market as their fee for entry. The term "Gross Daily Receipt" shall mean the total amount charged by Vendor, its employees, agents, or licensees, for all goods and merchandise sold or services performed, whether for cash or other consideration or on credit, and regardless of collections, including but not limited to orders taken on Market premises and there delivered, but also to include orders placed at Market where delivery happens off site. 

                                CANCELATION. Organizer reserves the right to Cancel, or modify the hours of, any particular Market date(s) with 10 days notice to Vendor, such notice to be sent to email of record for the Vendor. While Market is a Rain or Shine Event, and does not have plans of closing for passing rain, Organizer reserves the right, with sole discretion, to determine, reasonably, based on available information, if predicted or evident weather conditions imply Market would likely not be able to operate effectively, or that the safety of Vendor(s) at the Market is in question, and in such events the Organizer may Cancel or modify the hours of Market day(s) on short or immediate notice. This notice may be given verbally, or by phone, text, or email as is most appropriate to the circumstances. Also any event which is assessed by Organizer to pose an imminent threat to the safety of Organizer, Vendor or others at the Market may be grounds for Cancelation or modification of hours of operation of the Market on immediate notice.

                                REFUNDS AND CREDITS. Submitting an authorized payment for booth space for (a) particular market date(s) and/or services on such date(s) provides Vendor the right, subject to the terms and conditions in this agreement, to operate their business at the Market. Any Market day(s) cancelled by Organizer, or any day not attended by Vendor where cancellation notice was provided to Organizer by Vendor in a timely fashion, 48 hours or more before the Market day starts, will result in (an) equivalent credit day(s) being added to Vendor’s Account. Credits are not redeemable for cash or monetary compensation, but do entitle vendor to participate in (a) future market date(s), per the application and acceptance process. Credits do not supersede the application and acceptance process or force that Vendor be selected for any specific dates by Organizer, though Organizer does agree to make reasonable efforts to allow Vendor the opportunity to use credits at one of the first available dates, not already booked or full in the Vendor’s category, and that such first opportunity should not be beyond 3 months from the date of issuance of the credit. The same terms of credit apply to services, such as tent or weight services, paid for by Vendor which have not yet been rendered. Refunds, may only be issued if Vendor gives notice of cancellation and request for refund to Organizer at least 72 hours before the Load In Time starts for the Market for the Market date(s) in question. Load In Time is generally 2 hours before the Market opens and details will be sent the week of the show. Organizer may, at their sole discretion, choose to refund the Vendor in lieu of adding credits on their account for future dates, but is in no way required to do so. Vendor may request to know how many days credit they have on their account at any time by email to the email address of record.

                                FAILURE TO APPEAR OR ATTEND TO SPACE. After Vendor has set up for Market, if at any time the booth is left unattended for more than 60 minutes, or if the next day of the Market the Vendor has not opened for business after 45 minutes of Market time, Organizer shall have the right, but not the obligation, and with notice sent to email of record, to personally remove or pay or request others to remove, all of Vendors setup, and may, with reasonable care, break down and pack up the tent, displays, products and property of Vendor and their workers, associates, and/or relations, and store, or hold for pickup, the same, with no further right to set up or operate at that Market afforded to Vendor. In such an event, Vendor agrees to immediately make arrangements for all said items to be picked up and removed from Market premises and may be charged a $150 packup fee. In no event may items above mentioned be left or stored onsite for more than a few hours, as no overnight storage is available for said items. If items are not picked up the same day, by or before 2 hours after the Market closes for the day, Organizer holds no responsibility for their safekeeping and may order them removed by a junk removal service, or other Atlantic Station staff, or may personally remove, or ask workers to remove, all items and property of Vendor from the Market premises to any place, including places for their disposal. No compensation of any kind will be due to Vendor in such an event.

                                APPEARANCE. Vendor is responsible for cleaning and maintaining the Space provided in an organized and neat manner. This responsibility includes Vendor's responsibility to remove bulk trash. Should Vendor fail to keep the Space in an orderly manner, a reasonable cleaning and/or removal fee may be assessed based on the cost to the Organizer.

                                EXTRA SERVICES. Organizer is not obliged to, but may be willing to, setup and/or take down, and otherwise provide for temporary use at the event, Tent(s), Weight(s), Sidewall(s), Tarp(s) and the like for Vendor to use on the Market premises. Vendor agrees to pay a service fee for the same; the fee shall be similar to those available to view on our latest website (currently creatorsmarket.art) for these services. Onsite requests for services will generally carry a slightly higher fee than if services are prearranged.

                                DISPLAYS AND SIGNS. Vendor is responsible for procuring and displaying their own signage and displays. Signs should not block other vendor's shops. Signs must be secured from wind and may not attach or be placed such that they do damage to any property of Organizer or property of Atlantic Station or it's owners, managers, business partners, or assigns.

                                QUALITY PRODUCTS. Vendor shall ensure proper quality of the products sold. Vendor shall comply with all applicable laws as to vendor's sales.

                                EMPLOYMENT OF STAFF. Vendor will employ adequate staff at Vendor's own cost in order to operate their business for all Market hours in the Space provided by Organizer.

                                INSURANCE. Vendor is solely responsible to obtain insurance coverage on property brought into the Market. Vendor assumes full responsibility for items left in the Market area, during operating hours or overnight. Neither Organizer nor Atlantic Station and any of its owners, partners, managers, operators, employees, or contractors accept liability for lost, stolen or damaged property and Organizer is not required to carry additional insurance to cover Vendor's property.

                                INDEMNIFICATION. Vendor agrees to indemnify and hold Organizer, as well as Hines (Manager) and PPF RTL Atlantic Town Center, LLC (Owner) harmless from all claims, losses, expenses, fees, including attorney fees, costs, and judgments, that may be asserted against the parties named, that result from the acts or omissions of Vendor and/or Vendor's employees, agents, or representatives. Vendor has requested permission from Organizer to use a small area of Atlantic Station, in the Retail District at Atlantic Station, and/or use certain equipment, inclusive of any tent(s), sidewall(s) weight(s), chair(s), table(s), bungee cord(s), electrical cord(s), safety cone(s), and/or anything requested, which is managed by Hines (“Manager”) on behalf of PPF RTL Atlantic Town Center, LLC (“Owner”), and/or any property of Organizer. The Manager has consented on behalf of the Owner provided that Vendor assumes all risk of loss or damage suffered or incurred as a result of such use. Accordingly, Vendor hereby agrees as follows:

                                1. Vendor hereby releases the Organizer, Manager and Owner from and against any and all liability for personal injury or property damage incurred as a result of Vendor’s use of the equipment/space described herein.
                                2. Vendor hereby agrees to defend, indemnify and save harmless Organizer, Manager and Owner from and against any and all claims, liabilities, responsibilities, obligations, indebtedness, personal injury, property damage, expenses, suits, judgments, awards, costs, damages, demands, actions, causes of action proceeding or other matters of any and every nature, whether threatened or actually initiated against or incurred by Organizer, Manager or Owner, whether absolute or contingent, liquidated or unliquidated, matured or unmatured, created by or arising directly or indirectly as an incident of or resulting from Vendor’s use of the equipment/space as herein provided.

                                Vendor acknowledges the Organizer, Manager and Owner have made no representations or warranties, expressed or implied, as to the fitness or condition of the equipment/space, accepts the equipment/space in its “as is” condition, and assumes all risks inherent to the use of such equipment/space.

                                DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:

                                1. The failure to make a required payment when due.
                                2. The insolvency or bankruptcy of either party.
                                3. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
                                4. Vendor's Failure to abide by Rules and Regulations of the Market as here agreed.

                                REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 14 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

                                FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non- performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

                                ARBITRATION. Any controversies or disputes arising out of or relating to this Agreement shall first be attempted to be resolved by the parties. Failing any agreement or settlement found reasonable by the parties, the matter shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the arbitrator(s) for review no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

                                AGREEMENT TO CONTROL. Consenting to this Agreement supersedes any prior written or oral agreements between the parties. If any conflict is found between this agreement and any other agreements, this agreement shall control.

                                SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

                                AMENDMENT. This Agreement may be modified or amended in writing with consent of Vendor in writing or by Vendor giving consent via click wrap agreement when checking out on the Organizer’s website (at present creatorsmarket.art) and Rules and Regulations of the Market may be updated at any time by Organizer with notice sent to email of record of Vendor.

                                ASSIGNMENT. Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

                                WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

                                NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if sent to the email of record of the other party from either the official email address mentioned when applying to take part in the Market, or a recognizable email address or source commonly used in communication between the parties or used for payment of booth or service fees on this site; notice may also be given by means outlined above in specific circumstances there mentioned. Vendor authorizes Organizer to contact them by email, text, SMS or phone as needed. Both parties shall be responsible to keep the other party informed of any changes to official email address for contact, and to ensure emails received from the other party are not being filtered to spam or trash. Official email of Organizer for notice is creatorsmarketas@gmail.com

                                 GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Georgia.