FOOD CONCESSION CONTRACT
Howard County Fair Association
PO Box 2356, Big Spring, Texas 79721-2356
This contract is entered into between the Howard County Fair Association, a Texas non-profit Corporation,
hereinafter referred to as Lessor, and:
hereinafter referred to as Lessee-Concessionaire
LESSEE-CONCESSIONAIRE:________________________________________________________________
MAILING ADDRESS:_______________________________________________________________________
CITY:_____________________________________________ STATE:______ ZIP CODE:________________
USE OF SPACE: (PLEASE FURNISH A PHOTOGRAPH)__________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
ALL ITEMS MUST BE LISTED-ITEMS NOT LISTED MUST NOT BE SOLD. (LIST MAY BE BROUGHT TO FAIR
OFFICE ON OPENING DAY)
WE RESERVE RIGHT TO REFUSE "THE SET-UP" IF NOT DESIRABLE.
DOWN PAYMENT $_______________
1.) This contract is made subject to the Rules and Regulations of the Lessor, all of which are made a part here of for all purposes, as
though copied fully herein. The rental payments specified above are payable hereunder shall be considered the total amount payable
hereunder, and no deduction or allowances therefore shall be allowed Lessee-Exhibitor except as may be specified below. Lessor
shall have no obligation to pay any commissions or other compensations to any advertising or other representative of
Lessee-Exhibitor.
2.) TERM: The term hereof shall commence on the _____ day of August, 20___, and shall terminate on the _______ day of August,
20___. Provided, however, that notwithstanding the aforementioned commencement date, it is specifically agreed that the above-
named concession shall be ready for operation by call time on opening day of the annual exposition known as the Howard County
Fair (hereinafter referred to as "the Fair"). Lessor shall allow Lessee-Concessionaire a reasonable amount of time following the
termination hereof to remove any equipment belonging to Lessee-Concessionaire before dismantling and storage the concession
stand by Lessor, where applicable.
3.) RENT: Lessor shall receive from Lessee-Concessionaire ______Percent (_____ )of the gross receipts, received from all
operations of Lessee-Concessionaire at the location leased hereunder for the term hereof. "Gross Receipts" is hereby defined as
One Hundred Percent (100%) of all moneys received by Lessee-Concessionaire for the sale of the items at the prices set hereabove
during each reporting period.
4.) POSTING OF PRICES: The prices of all goods, wares, merchandise, food or beverages offered for sale under the conditions
hereof shall be prominently and legibly displayed for view by the Public within the premises and shall be clearly legible from any
approach to the premises. No prices may be charged by the Lessee-Concessionaire other than as specified herein.
5.) CONDITION OF EMPLOYEES AND PREMISE: Lessee-Concessionaire shall be solely and absolutely responsible for the conduct
and personal appearance of all personnel in his employ. Such employees shall be generally and responsibly clean, shaven (when and
where applicable), neatly dressed, orderly, and polite in their conduct and speech at all times. Intoxication, use or possession of any
controlled substance, or impolite, discourteous, or obscene speech or conduct toward, or in hearing or view of the public shall be
sufficient grounds for terminating of the lease at the sole and absolute option and discretion of the Lessor. In addition, Lessee-
Concessionaire shall keep a reasonable area adjacent and in close proximity of the location clean and free of debris or refuse at all
times.
6.) LESSOR'S BOOKING RIGHTS: The awarding of exclusive privileges lies solely and absolutely within the discretion of Lessor.
Lessee-Concessionaire shall confine the items offered for sale hereunder to those set out hereinabove. No exclusively is intended
to be expressed or implied hereby and none shall be construed therefrom.
7.) The space described in this Contract must be used ONLY for the purpose described under "USE OF SPACE". Nothing may be
sold or given away from a rented space unless provided for in this contract. NO ITEM shall be listed and/or sold on an "exclusive"
basis without the written consent of the Lessor.
8.) No part of any space under Contract may be transferred or sublet to another party without approval of the Lessor.
9.) ONE 110 VOLT OUTLET IS AVAILABLE TO EACH BOOTH. An additional fee will be charged for anything additional.
10.) No type of public address system, horn, instrument or noise making machinery may be used. This is to be determined by the
Fair Association.
11.) NO EXHIBIT OR CONCESSION MAY BE REMOVED FROM THE FAIR GROUNDS UNTIL 11 p.m. ON THE CLOSING
DAY OF THE FAIR WITHOUT THE PERMISSION OF THE FAIR SUPERINTENDENT.
12.) CONCESSIONAIRES ARE TO PURCHASE ALL ICE FROM THE HOWARD COUNTY FAIR ASSOCIATION. ICE IS NOT
TO BE BROUGHT ON THE GROUNDS.
13.) HOLD HARMLESS: Lessee-Exhibitor hereby undertakes and agrees to indemnify and to save and keep Lessor, HOWARD
COUNTY FAIR ASSOCIATION, and the HOWARD COUNTY FAIR GROUNDS harmless from and against any and all loss, cost,
expense, liability or damage, and any and all clams, demands, or liabilty, by or to the general public, employees of the Lessee-
Exhibitor, or any by-standers, or others, on account of or occasioned by, and WHETHER TO THE NEGLIGENCE OF LESSOR-
INDEMNITTEE, THE LESSOR OR HOWARD COUNTY FAIR GROUNDS, or otherwise, the installation, construction, repair,
alteration, maintenance, operating, dismantling of or removal from the premises of Lessee-Exhibitor's facilities and equipment,
or as a result of theft, burglary, malicious mischief, or accident.
In addition, of Lessee-Exhibitor is to sell, give, dispense or otherwise make available to the public any food or beverage or any
other matter for ingestion by living beings, whether human or animal. Lessee-Exhibitor hereby under takes and agrees to indemnify
and to save and keep LESSOR-INDEMNITTEE, THE LESSOR OR THE HOWARD COUNTY FAIR GROUNDS OR ANY
EMPLOYEES OR AGENTS OF LESSOR-INDEMNITEE, THE LESSOR OR THE HOWARD COUNTY FAIR GROUNDS
harmless from and against any and all loss, cost, expense, liability or damage, and any and all claims, demands, or liability by or
to the general public or employees of Lessee-Exhibitor or others on account of or occasioned by, WHETHER DUE TO
NEGLIGENCE OF LESSOR-INDEMNITE, THE LESSOR, OR THE HOWARD COUNTY FAIR GROUNDS, OR ANY EMPLOYEES
OR AGENTS OF LESSOR-INDEMNITTE, THE LESSOR, OR THE HOWARD COUNTY FAIR GROUNDS OR OTHERWISE,
Lessee-Exhibitors distribution of the aforesaid food, beverage, or other ingestible matter.
In addition, if Lessee-Exhibitor specifically hereby undertakes and agrees to indemnify and to save and keep Lessor, THE
HOWARD COUNTY FAIR ASSOCIATION, OR THE HOWARD COUNTY FAIR GROUNDS harmless from and against any and all
loss, cost, expense, liability or damage, and any and all claims, demands or liability or judgements by or to the general public,
employees of Lessee-Exhibitor, or any by-standers or others as a result of any actions whatsoever of Lessee-Exhibitor or its agents
or employees. AND WHETHER DUE TO THE ACTIONS OF LESSOR-INDEMNITEE, THE HOWARD COUNTY FAIR ASSOCIATION
OR THE HOWARD COUNTY FAIR GROUNDS WHICH WOULD CAUSE AN ACTION UNDER THE DECEPTIVE TRADE
PRACTICES-CONSUMER PROTECTION ACT OF THE STATE OF TEXAS.
Lessee-Concessionaire hereby contracts for the contracted space during THE FAIR AT THE PRICE STATED SUBJECT TO THE
FOREGOING RULES AND REGULATIONS.
SPECIAL PROVISION:________________________________________________________________________
_________________________________________________________________________________________
__________________________________________________________________________________________
Signed by the Lessee on the________ day of ____________,20___ and by Lessor on the__________
day of _______________20_____
CONCESSIONAIRE:
by ____________________________
HOWARD COUNTY FAIR ASSOCIATION
by ____________________________
Director of Concessionaires