TERMS AND CONDITIONS
1. CONTRACT EFFECTIVITY - This Form represents the agreement between the Parties and shall become effective once signed by all the Parties.
2. DAILY BAZAAR RENTAL FEE - The daily bazaar rental fee is Php 500.00/day for every merchant/vendor with a vending area of 4 sqm (equivalent to 2x2 kiosk/tent). In excess thereof, an additional daily bazaar rental fee of Php100/day per sqm per merchant/vendor shall be imposed. This is exclusive of the Common Use Service Area (CUSA) fees, taxes, utilities, service charges and other actual operating expenses.
3. COMMON USE SERVICE AREA (CUSA) FEE and ACTUAL OPERATING EXPENSES - CUSA fee shall be charged against the merchants/vendors, which shall cover, among others, expenses for security, maintenance, garbage collection, siphoning, electricity for common areas, and water for common areas.
In addition, the merchants/vendors shall be charged for their actual operating expenses. Cost for electricity, water, and other utilities shall be based on the prevailing rates.
For areas/locations without electrical provision, the CLIENT and their listed merchants/vendors are required to provide their own generator set at their own expense, should they need a power supply. Any generator set shall be operated safely and in compliance with IA guidelines, at the undersigned/s sole COURTESY AND COOPERATION. CLIENT and their listed merchants/vendors shall at all times be courteous and cooperative in dealing with the maintenance crew of the Intramuros Administration, who will be assigned to the vending/common areas.
cost and risk.
4. CASH BOND - CLIENT and its listed merchants/vendors shall deposit upon execution of this form, an amount equivalent to ONE THOUSAND PESOS (Php1,000.00) per merchant/vendor covered by this Agreement, which shall answer for damages in the covered areas that may be incurred as a result of the violation of the terms and conditions above mentioned. The undersigned/s shall maintain the cash bond in full throughout the lease term. Any deductions must be replenished immediately, and the undersigned/s shall not be permitted to operate until the cash bond is fully restored. The cash bond shall also answer for unpaid rentals and utility charges at the termination or expiration of the lease.
5. OPERATING HOURS - The CLIENT and their listed merchants/vendors shall operate strictly within the prescribed hours, unless otherwise approved in writing by IA. Failure to comply shall constitute a material breach of this agreement.
6. FOOD AND MERCHANDISE - CLIENT and their listed merchants/vendors shall display and/or sell food and/or merchandise previously approved in writing by the IA.
7. CLEANLINESS, MAINTENANCE, WASTE MANAGEMENT and SAFETY - CLIENT and their listed merchants/vendors shall at its sole expense, maintain the Leased Premises in a clean and sanitary condition, free from noxious odors, disturbing noises, hazardous defects, and inflammable materials. Use of LPG tank units is allowed only if accompanied by a readily accessible functional fire extinguisher. Any damage caused to the Leased Premises shall be on the sole account of the CLIENT and their listed merchants/vendors.
8. PRESCRIBED UNIFORM - CLIENT and their listed merchants/vendors shall wear the prescribed uniforms together with their food safety gear at all times during the operating hours.
9. NO PET POLICY - Bringing pets inside the vending premises is strictly prohibited.
10. ORGANIZER’S UNDERTAKING - Organizer/s of vending, pop-up and/or bazaar activities undertake/s to charge only reasonable fees to their respective vendors/merchants for participating in IA bazaars/pop-ups and other IA-managed concession activities consistent with applicable IA policy. Exorbitant fees and charges shall be considered as a material violation of this undertaking and shall be a ground for blacklisting/disqualification from future IA bazaars/pop-ups and other IA-managed concession activities consistent with applicable IA policy.
11. LIABILITY/DAMAGE - CLIENT and its listed merchants/vendors shall be held responsible for any damage caused by the client, its employees, agents, merchants, concessionaires, and representatives, to the facilities of the Intramuros Administration, as well as the protection of the general public. Nailing and mounting of props or any materials to the walls and ceilings are not allowed.
12. FINES AND PENALTIES - CLIENT and its listed merchants/vendors, its agents, employees, personnel, and guests shall strictly comply and observe the terms, conditions of this agreement as well as the prevailing rules and regulations of the Administration. Any violation shall render the erring CLIENT and its listed merchants/vendors liable to pay a penalty of ONE THOUSAND PESOS (P1,000.00) per violation.
The undersigned/s expressly authorizes IA to deduct the penalty from the cash bond. Any resulting deficiency shall be replenished in accordance with the Cash Bond provision below. Otherwise, IA may suspend operations until full replenishment. Repeated violations of these Terms and Conditions and/or IA rules, after due notice, may result in progressive sanctions, including written warning, suspension, termination of participation, and blacklisting/disqualification from future IA bazaars/pop-ups and other IA-managed concession activities consistent with applicable IA policy. This imposable penalty is without prejudice to any administrative fines and penalties that may be imposed in accordance with the prevailing rules and regulations of the Intramuros Administration and other applicable laws and rules of the Republic of the Philippines.
13. CANCELLATION - In case of cancellation or non-usage of the area for any reason whatsoever, the client is required to notify the agency in writing to be submitted personally or through email not later than five (5) days before the date of the pop-up.
14. REFUND - For a full refund of rental fees, cancellation must be made not less than five (5) days prior to the pop-up activity date. 50% refund - if cancellation is made less than five (5) days prior to the pop-up activity date. No refund will be given if cancellation is made within 24 hours prior to the pop-up activity date.
15. The Intramuros Administration will not be held liable for the unavailability of the premises because of fortuitous or manmade pop-up activity beyond the control of the Intramuros Administration. The Administration similarly reserves the right of cancellation upon notice to the undersigned/s and for any reason whatsoever.
16. Engaging in any illegal activity, such as but not limited to any form of gambling, drug use, and/or sale, etc, is prohibited in the premises and will be dealt with in accordance with the law.
17. CLIENT and its listed merchants/vendors shall not assign or transfer this Agreement or any of its rights or obligations hereunder.
18. The Administration reserves the right at any time to change or rescind any or all the Terms and Conditions stipulated herein, or to make such other Terms and Conditions as in its sole judgment may from time to time be necessary for the management, safety, care and cleanliness of the Vending Premises/Area or Location, and for the preservation of good order herein, as well as for the convenience of the other clients and partners.
19. WAIVER OF LIABILITY. The client and its listed merchants/vendors hereby RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO SUE THE INTRAMUROS ADMINISTRATION and its personnel for any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss or damage, personal injury, accident or illness (including death), and/or property loss, however, caused, arising from, or in any way related to, involvement of the person/s above during ingress/egress/pop-up activity proper, that may be sustained by me and the person/s stated above, or to any property belonging to the undersigned/s and the organization/entity he/she/they represent/s, while doing a transaction with the Administration.