(General Merchandise Vendors)

This Master Vendor Participation Agreement ("Agreement") is entered into between Found in the Fog LLC, a California limited liability company ("Organizer"), and the approved Vendor ("Vendor"). By submitting payment and participating in any Found in the Fog event ("Event"), Vendor agrees to the following terms.

1. Term & Applicability

1.1 This Agreement begins on the date signed and remains in effect for twenty four (24) months.

1.2 This Agreement automatically renews for successive one year terms unless terminated in writing by either party.

1.3 This Agreement governs Vendor participation in all Found in the Fog Events during the Term.

1.4 Each Event date constitutes a separate booking. Booth fees, cancellation terms, and operational rules apply individually to each Event.

1.5 Organizer may update policies from time to time. Continued participation after notice constitutes acceptance of updated policies.

2. Vendor Eligibility & Product Guidelines

2.1 Items sold must be antiques, collectibles, vintage goods, handcrafted items, artisan goods, or approved specialty merchandise.

2.2 Items described as “antique” must generally be at least 100 years old unless clearly labeled otherwise. *Product Of ering Descriptions below for category guidelines.

Product Offering Descriptions

A. Antique (100+Years): Items created at least a century ago, such as Victorian - era furniture or early 1900s jewelry. These are valued for rarity, age, and craftsmanship

B. Vintage (20-99 Years): Items representing a specific, stylish, or nostalgic era from the past. Generally at least 20 years old but less than 100. Examples include 1970s fashion, mid-century modern furniture, or 1980s collectibles

C. Estate Item: A term for a previously owned item, which can be either antique, vintage, or modern.

D. Retro: Items made recently that are designed to look like they are from a past era

E. Artifacts (Collectibles): Historical objects created or used by people in the past - such as cultural relics, ceremonial items, early tools, or decorative works - that hold archaeological, anthropological, or historical significance and provide insight into a specific time, culture, or civilization.

F. Tools & Machinery (Vintage Collectibles): Antiques or obsolete hand tools, industrial equipment, mechanical devices, and early machinery valued for their craftsmanship, design, engineering innovation, and role in the development of trade, industry, and technology.

2.3 Vendors may sell only items approved in their application. Material changes require prior written approval.

2.4 Counterfeit, illegal, hazardous, offensive, or misrepresented items are prohibited.

2.5 Vendor is responsible for compliance with all applicable laws.

3. Booth Assignment & Space Use

3.1 Booth assignments are determined solely by Organizer.

3.2 Organizer may relocate booths for operational, safety, or venue requirements.

3.3 Booths may not be subleased or transferred without written approval.

3.4 All displays must remain within assigned space.

3.5 Tented Vendors must provide tent weights with a minimum of 40 lbs per tent leg.

3.6 Vendor is responsible for securing all structures and equipment against weather conditions.

4. Setup & Breakdown

4.1 Vendors must check in during designated setup times.

4.2 Booths must be fully set prior to opening.

4.3 Early breakdown is prohibited without authorization.

4.4 Vendors must remove all trash and leave space completely clean.

5. Fees & Payments

5.1 Booth fees are due online at the time of registration unless otherwise stated.

5.2 Fees are non refundable except as provided in the Cancellation Policy.

5.3 Participation is not confirmed until payment is received.

6. Permits, Licenses & Insurance

6.1 Vendor must maintain a valid California Seller’s Permit.

6.2 Vendor must comply with all local, state, and federal tax regulations.

6.3 Vendor shall maintain general liability insurance of at least $1,000,000 per occurrence during participation in Events.

6.4 Upon request, Vendor shall provide a Certificate of Insurance naming Found in the Fog LLC, its members, managers, employees, volunteers, and the applicable venue owner or operator as additional insureds.

6.5 Vendor is responsible for collecting and remitting all applicable sales tax.

7. Conduct & Professionalism

7.1 Vendors must conduct themselves professionally and respectfully.

7.2 Loud music, disruptive behavior, aggressive sales tactics, political campaigning, weapons, cannabis products, and illegal items are prohibited.

7.3 Vendor must comply with instructions from Organizer, venue management, and public safety officials.

8. Security & Liability

8.1 Vendor is solely responsible for safeguarding merchandise, cash, equipment, and personal property.

8.2 Organizer is not responsible for loss, theft, or damage.

8.3 Vendor agrees to defend, indemnify, and hold harmless Organizer, its members, managers, employees, volunteers, and venue partners from any claims, damages, liabilities, losses, or expenses, including reasonable attorney’s fees, arising out of Vendor’s products, conduct, employees, or participation.

8.4 Organizer’s total liability to Vendor for any claim related to an Event shall not exceed the booth fees paid for that specific Event. Organizer shall not be liable for lost profits, business interruption, or consequential damages.

9. Weather & Force Majeure

9.1 Event operates rain or shine unless canceled by Organizer.

9.2 No refunds will be issued due to weather conditions unless Organizer cancels the Event.

9.3 Organizer is not liable for cancellations or modifications due to government orders, emergencies, venue directives, or other circumstances beyond its control.

10. Cancellation Policy (Per Event)

Vendor Cancellation:

• 30 or more days prior to Event: 100 percent credit valid for 12 months

• 14 to 29 days prior: 50 percent credit valid for 6 months

• Less than 14 days prior: Booth fee forfeited

Organizer Cancellation:

If cancellation is within Organizer control, Vendor may elect a full refund or full credit.

If cancellation is due to weather, government order, or venue directive, credit valid for 12 months will be issued.

If an Event is interrupted or terminated early for safety reasons, no refunds will be issued.

11. Policy Enforcement & Discretion

11.1 Failure to comply with this Agreement may result in immediate removal from the Event without refund.

11.2 Organizer may remove Vendor from any Event, or decline future participation, at its discretion. Removal may occur immediately and without refund if Vendor violates this Agreement or venue rules.

11.3 Organizer decisions regarding participation eligibility are final.

12. Independent Contractor

Vendor is an independent contractor and not an employee, partner, or agent of Organizer.