Effective June 1, 2021
Precious Moments Foundation, including Precious Moments Chapel Gift Shoppe (“PMF”, “Foundation”, “we”, “us”, “our”) appreciate the support and cooperation of our third-party vendors in making our on-site events successful. This Policy describes the expectations of our all third-party providers while on-site at all Precious Moments Foundation publicly-accessible locations (buildings, walkways, and parking areas), including but not limited to: Precious Moments Visitor Center, Precious Moments Chapel, Precious Moments Chapel Gift Shoppe, Samuel J. Butcher Museum, and Precious Moments Chapel Grounds and Gardens (collectively “On-Site Facility”, “On-Site Facilities”). PMF occasionally retains the use of off-site locations (buildings, walkways, and parking areas) for certain private or pre-registered events. Such locations, when used in conjunction with or on behalf of a private or pre-registered event operated, promoted, or sponsored by PMF, shall be deemed “Off-Site Facility” or “Off-Site Facilities” and subject to the terms of this Exhibitor Policy. All exhibitors, contractors, licensing partners, service providers, partners, tenants, vendors, or other third-party providers (“Providers”, “you”, “your”), agree to be bound by this Exhibitor Policy and the published Legal Terms & Conditions to which it is annexed. Providers unwilling to be bound by this Exhibitor Policy, the published On-Site Behavior Policy, and/or the published Legal Terms & Conditions should refrain from exhibiting at, visiting, accessing, or otherwise utilizing any On-Site Facility or Off-Site Facility.
1. On-Site Behavior Policy.
Our core values are the foundation of the PMF’s culture. We expect all Providers to at all times adhere to conduct befitting the wholesome, family values of the PRECIOUS MOMENTS® and NE’QWA ART® brands in accordance with our published On-Site Behavior Policy.
2. Right of Refusal.
Foundation has the right to refuse any request for Provider participation, in its sole discretion and decision, and is not obligated to provide notice or reason for such refusal.
3. Participation Age.
All Provider support staff at any On-Site Facility or Off-Site Facility must be thirteen (13) years of age or older. Minors must be accompanied by an adult, age eighteen (18) or older, at all times.
4. Set-Up & Teardown.
Provider shall be permitted access to selected, pre-determined, assigned location(s) within On-Site Facilities or Off-Site Facilities (the “Exhibit Space”) for the purposes of set-up and teardown of Exhibit Space during such times deemed appropriate by PMF, but not less than thirty (30) minutes prior to the designated “Event Open” each day. PMF will provide logistical details, including freight entrance/exit locations five (5) business days prior to the first Event Open date. Exhibit Space must be staffed and in Event-ready condition no later than thirty (30) minutes prior to the first Event Open date. All merchandise, packaging materials, trash, displays, and/or signage must be removed from the Exhibit Space no later than two (2) hours after the last Event Close date, unless otherwise permitted.
5. Permissible Inventory.
Provider shall only advertise, market, or sell retired or suspended secondary market items with markings from 2017 or earlier under the PRECIOUS MOMENTS® brand. Items with markings from 2018 to 2021 are not permitted. All merchandise for sale must be tagged with a price sticker or label. PMF reserves the right to prohibit the sale of and/or require the removal of any item from Provider’s display or inventory which does not conform to this mandate. Provider is not permitted to host, offer, moderate, arrange, or otherwise conduct any fundraiser, giveaway, raffle, contest, or sweepstakes on, in, near Exhibit Space, or in conjunction with Provider’s Event participation.
6. Exhibit Space, Display/Decoration.
Provider must stay within its allotted Exhibit Space and ensure its set-up, teardown, storage, and operation does not infringe upon the space of any neighboring exhibit space, common area, walkway, or emergency exit. Exhibit Space must be constructed so as to not block exits or disrupt the flow of traffic, including but not limited to being handicap accessible. Excluding signage provided by PMF, Provider is not permitted to use or display signs, advertisements, or other promotional material related to sale, discount, clearance, mark-down, liquidation, or other below-retail pricing terms on, in, or near Exhibit Space. All merchandise, boxes, and/or packaging materials must be stored off-site or under table(s) provided in the Exhibit Space. Provider is not permitted to use: (i) any table, shelf, or other displayer, other than as provided with its Exhibit Space; (ii) any materials, displayers, or props which are flammable or perishable, or which may cause damage or harm to Exhibit Space, tables, On-Site Facility, Off-Site Facility, any Employees, Visitors, or other passersby; (iii) any materials, displayers, or props with make noise or play music (excluding musical items which are deemed Permissible Inventory).
7. Limited License for Promotional Use.
Submission of, payment for, and PMF’s acceptance of an Exhibitor Order Form for a designated Event permits Provider the limited, revocable, non-transferable right to use, for the purpose of promotion, advertisement and/or publicity of the Event, the marks, name, likeness, voice, photographs, symbol(s), trademark(s) of Precious Moments Foundation and Precious Moments, Inc., excluding for the purposes of on-site promotion. Foundation shall retain the right to use Provider’s name, trademark(s), location/address, logo(s), and/or photographs for the purposes of promotion, advertisement, and/or publicity of the Event without further compensation or royalty to Provivder. Provider shall have no authority to review, approve, modify, or edit such advertising generated by or on behalf of PMF. Provider is not permitted to advertise, market, solicit, or sell products or services on, in, or near On-Site Facilities, unless such location is granted in the assigned Exhibit Space. For the avoidance of doubt, On-Site Facilities shall include but not be limited to the Precious Moments Chapel, Precious Moments Visitor Center, Gift Shoppe, or the publicly accessible interior or exterior areas owned or operated by Precious Moments Foundation or Precious Moments Family of Companies, Inc., commonly known as 4321 Chapel Road and/or 4105 Carthage, Missouri 64836 U.S.A.
8. Freight, Taxes, Incidentals.
Provider shall be responsible for all applicable freight/shipping charges, taxes, and other similar processing fees for transport of all Permissible Inventory and other business supplies, travel, lodging, electricity, internet access, credit card billing fees, advertising/promotion, and all other incidental fees and expenses associated with Provider’s Event participation. IN NO EVENT WILL PRECIOUS MOMENTS FOUNDATION OR PRECIOUS MOMENTS FAMILY OF COMPANIES, INC. BE HELD RESPONSIBLE OR LIABLE FOR ANY SUCH FEES, REGARDLESS IF THE EVENT IS CANCELLED OR POSTPONED.
9. Cancellation by PMF.
In the event PMF cancels the Event, for any purpose, PMF shall promptly notify Provider and Provider shall be entitled to a refund of pre-paid fees (payable within ninety (90) days of notice of cancellation). PMF reserves the right to terminate this agreement with Provider at any time, with immediate notice and effect, in the event Provider and/or its staff: (i) fail to make payment in full of all Provider fees on or before the due date(s) prescribed; (ii) breach any provision of this Exhibitor Policy or the published On-Site Behavior Policy; or (iii) fail to provide PMF a copy of its Missouri sales tax license on or before the due date prescribed. Any termination of this agreement by PMF for Provider’s breach shall not entitle to a refund of any amount.
10. Cancellation by Provider.
In the event Provider cancels its participation in the Event, for any purpose, Provider shall promptly notify PMF by phone or in-person. If allotted Exhibit Space is resold prior to the first Event Open date, PMF shall refund Provider’s fee, less a cancellation fee of one hundred U.S. dollars (USD 100.00).
11. Force Majeure.
In the event of cancellations occurring as a result of changes by facility providers, as a result of weather-related conditions, or acts of God, PMF reserves the right to cancel the Event and the above cancellation policy applies.
12. Missouri Sales Tax License.
Provider must present its 2021 Missouri sales tax license and Missouri tax identification number, or exception certificate, to PMF not later than thirty (30) minutes prior to the first Event Open date. Provider should contact the Missouri Department of Revenue (www.dor.mo.gov) for a Missouri Special Events Application Form 2643S prior to submitting an Exhibitor Order Form. PMF will not refund any pre-paid Provider fees in the event Provider fails to obtain or provide its sales tax license or its Missouri Special Events Application Form 2643S.
Provider shall, for the duration of the Event, including set-up and teardown, obtain and maintain, at its own expense, general liability insurance coverage, a copy of which shall be provided to PMF upon reasonable advanced notice.
In no event shall Provider have the right to transfer, assign, sell, or sublease Exhibit Space.
15. Limitation of Liability.
Provider and its staff release from liability, forever discharge, and agree to indemnify and hold harmless PMF, Precious Moments Family of Companies, Inc., and any volunteers acting as Event staff, from any and all liability claims, demands, or causes of action INCLUDING BUT NOT LIMITED TO, CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING OUT OF THE NEGLIGENCE (WHETHER SOLE, JOINT, OR CONCURRENT), STRICT LIABILITY, OR OTHER LEGAL FAULT OF PRECIOUS MOMENTS FOUNDATION, PRECIOUS MOMENTS FAMILY OF COMPANIES, INC., OR VOLUNTEERS, which are in any way connected to or arising from Provider’s Event participation, including but not limited to, personal injury including death, costs, expenses, property loss, or damages, except injury or damages that may occur in whole or in part because of the sole negligence or willful and wanton misconduct of Precious Moments Foundation, Precious Moments Family of Companies, Inc., and the employees or volunteers of each. The maximum liability of Precious Moments Foundation, Precious Moments Family of Companies, Inc., and the employees and volunteers of each, to Provider for any cause whatsoever shall be limited to direct damages only, not exceeding the amount paid by Provider to Precious Moments Foundation for Exhibit Space hereunder. Neither Precious Moments Foundation, Precious Moments Family of Companies, Inc., the employees or volunteers of each, nor Event attendees are responsible for the safety or maintenance of Off-Site Facilities and/or Exhibit Space.
16. Governing Law.
This Policy is governed by and construed in accordance with the laws of the State of Missouri without giving effect to the principles of conflict of law and the courts within Missouri will be the only courts of competent jurisdiction. Provider and its staff do hereby irrevocably submit to the personal jurisdiction of the Missouri courts and do hereby irrevocably agree to service of process by Missouri courts. Any and all suits shall be exclusively filed in the Circuit Court of Jasper County, Missouri or the United States District Court for the Western District of Missouri.
17. Contact Us.
For questions about our On-Site Facilities or this Exhibitor Policy, contact our Gift Shoppe staff either in-person, online, via phone, email (during normal business hours), or post.
Toll-free: 800-543-7975 | Local: 417-359-2800
Precious Moments Foundation
Attn: Customer Service (Gift Shoppe)
4321 Chapel Road
Carthage, Missouri 64836 U.S.A.