Concession Agreement - Template, Sample Form Online Pro · US-law
✓ Valid in United States · drafted to comply with local law
Create your Concession Agreement - Template, Sample Form Online for use in United States. Answer a few plain-English questions and the document fills in automatically as you go — then download it in Word and PDF, ready to sign or share. This version has been professionally rewritten to comply with local law.
- Answer 26 simple questions — the document fills in as you go
- Live preview: watch your document update in real time
- Download as Word (.docx) and PDF
- Edit your answers and re-download anytime
Fill in the details
0/26Type below — the document on the right updates as you go.
CONCESSION AGREEMENT
State of ________
RECITALS
A. This Concession Agreement (hereinafter referred to as the “Agreement”) is entered into and made effective as of ________ (hereinafter referred to as the “Effective Date”) by and between the following property owner (hereinafter referred to as the “Owner”), of the following address:
________
of
________
and the following provider of concessions (hereinafter referred to as the “Concessionaire”), of the following address:
________
of
________
The Owner and the Concessionaire are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
B. WHEREAS, the Owner seeks the temporary professional services of a skilled independent contractor capable of working without direct supervision to provide concessions to the public at the following location (hereinafter referred to as the “Venue”):
________
C. WHEREAS, the Concessionaire has the requisite skill and experience necessary to provide such services and is willing to provide them upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual obligations and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties do hereby contract and agree as follows:
I. GOODS AND SERVICES PROVIDED.
1. The Concessionaire shall render the following services and/or provide the following goods (collectively, the “Services”) at the concession stand (the “Concession Stand”) provided by the Owner:
________
2. The Concessionaire shall provide the Services in a manner consistent with the accepted practices for similar services, performed to the Owner’s reasonable satisfaction, within the time period described herein, and pursuant to the direction of the responsible officer of the Owner or their designee.
3. The Concessionaire and all of its employees, agents, and representatives shall provide the highest quality of customer service and shall treat all customers with courtesy and respect. The Concessionaire shall honor all reasonable requests for refunds, including requests from dissatisfied customers.
4. The Concession Stand shall remain open during the following hours of operation unless the Owner notifies the Concessionaire of other hours of operation, and such hours shall be posted in a conspicuous place on the Concession Stand:
________
5. All pricing of any Services or goods is set forth in an Exhibit attached hereto and incorporated herein by this reference, to be approved in writing by the Owner. The Concessionaire may not change any pricing without the Owner’s prior written consent, which consent shall not be unreasonably withheld.
6. All Services or products offered for sale by the Concessionaire to the public shall be approved in writing by the Owner prior to distribution or sale of any such products. The Concessionaire shall comply with any reasonable requests made by the Owner to either add or eliminate certain types of food, beverages, or other products.
II. CONCESSIONAIRE RESPONSIBILITIES.
8. The Concessionaire shall provide sufficient training to its employees, agents, and representatives for the development of the skills and techniques necessary to perform their obligations under this Agreement including, but not limited to, promoting customer service, presentation, cleanliness, positive attitude, and promoting the Owner’s policies.
9. All of the Concessionaire’s employees, agents, representatives, and licensees shall maintain a neat, clean, and sanitary personal appearance. Those who come into direct contact with the public shall wear clothing or identification which distinguishes them as employees of the Concessionaire. The Concessionaire’s employees shall adhere to the following dress code:
________
10. The Concessionaire shall comply with and perform the Services in accordance with all applicable federal, state, county, and municipal laws including, without limitation, all codes, ordinances, resolutions, standards, and policies, as now existing or hereafter adopted or amended, including but not limited to the following:
a. Federal, state, and local health, safety, food-handling, sanitation, and licensing laws relating to the sale of concession goods; and
b. Any applicable code provisions requiring any person or entity doing business in the jurisdiction to obtain a business license or registration.
III. CONCESSION EQUIPMENT.
11. The Owner shall provide at its sole cost and expense all concession facilities, machines, and equipment (hereinafter referred to as the “Concession Equipment”) necessary for the Concessionaire to provide the Services.
12. The Owner warrants that all Concession Equipment is in good working order and fit for its intended purpose.
13. The Owner agrees that all necessary Concession Equipment shall be delivered and/or installed and ready for use within ________ from the execution of this Agreement.
14. The Owner, at its sole cost and expense, shall maintain the Concession Stand, the Concession Equipment, and the surrounding real property in good condition and repair, including, but not limited to, maintaining the Concession Stand in a neat, clean, and sanitary condition and removing all garbage, trash, or other debris on a regular basis.
15. If the Concession Stand or any part thereof is damaged by any cause other than the sole negligence of the Owner, its employees, or agents, the Concessionaire shall, at its sole cost and expense, restore the Concession Stand to a condition equivalent to or better than its condition immediately prior to such damage.
IV. TERM.
17. The term of this Agreement (the “Term”) shall commence upon the Effective Date.
18. This Agreement shall terminate automatically on ________, unless sooner terminated in accordance with the provisions hereof.
19. This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties.
V. SECURITY DEPOSIT.
20. The Concessionaire shall pay to the Owner a deposit of $________ (________) (the “Deposit”), against any and all possible damage related to or arising from the Concessionaire’s activities at the Venue, by ________. If the Concessionaire fails to provide the Deposit by such date, the Owner may cancel this Agreement without further obligation. The Deposit, less any amounts properly applied by the Owner, shall be returned to the Concessionaire within ________ following the expiration or termination of this Agreement.
VI. PAYMENT.
21. In full consideration of the Owner’s permission to the Concessionaire to provide Services at the Venue as described in this Agreement, the Concessionaire agrees to pay the Owner a fixed fee of $________ (________) (the “Fee”).
22. The Concessionaire shall pay the Fee in the form of one lump-sum payment, due upon completion of the Services rendered and the termination of this Agreement.
23. For any payment that is not paid when due, the Concessionaire shall pay a late fee of $________ (________), together with interest at the rate of ________% per annum or the maximum rate permitted by applicable law, whichever is less.
24. The Concessionaire shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement.
VII. WARRANTY.
25. The Concessionaire warrants and represents that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being duly registered to do business in the applicable jurisdiction.
VIII. INDEPENDENT CONTRACTOR.
26. It is expressly agreed that the Concessionaire is acting as an independent contractor and not as an employee, agent, partner, or joint venturer of the Owner in providing the Services under this Agreement.
27. The Concessionaire and the Owner acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for services.
28. As an independent contractor, the Concessionaire shall be solely responsible for the payment of all taxes, withholdings, contributions, and other obligations relating to its employees, agents, and representatives, and shall not be entitled to any benefits provided by the Owner to its employees.
29. The Concessionaire shall retain sole and absolute discretion in the manner and means of carrying out its activities and responsibilities under this Agreement, subject to the terms and conditions set forth herein.
IX. FORCE MAJEURE.
30. Neither Party shall be held liable for any failure to perform its obligations under this Agreement where such failure is due to any of the following: acts or regulations of public authorities, labor strikes, inclement weather, epidemic or pandemic, interruption or delay of transportation services, acts of God, war, terrorism, civil unrest, or any other legitimate cause beyond the reasonable control of the affected Party.
X. INDEMNIFICATION.
31. The Owner and the Concessionaire, at their own expense, shall each indemnify, defend, and hold the other, and its respective partners, directors, officers, agents, and employees, harmless from and against any and all third-party lawsuits, actions, or proceedings and any related costs and expenses, including reasonable attorney’s fees, resulting directly and solely from the indemnifying Party’s negligence or willful misconduct.
32. Neither Party shall be responsible for defending, indemnifying, or holding the other Party, its partners, directors, officers, agents, or employees harmless from and against any third-party lawsuits, actions, or proceedings that result from the negligence or wrongful acts of the Party seeking indemnification or any third party.
33. Each Party agrees to give the other prompt written notice in the event of any claim arising to which it believes indemnification is relevant and necessary.
34. The indemnifying Party shall have the right to defend against such claims with counsel of its own choosing and to settle such claims as it deems reasonable and appropriate, provided that no settlement imposing liability or obligation upon the indemnified Party shall be made without the indemnified Party’s prior written consent.
35. The Parties agree to cooperate with each other in the defense of any such claims.
36. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination.
37. The Concessionaire warrants and represents that it has, or shall obtain prior to commencing the Services, commercial general liability insurance, including personal injury and property damage coverage, in an amount of not less than $________ per occurrence, with respect to the activities of the Concessionaire, its employees, agents, and guests in relation to their operation of the Concession Stand at the Venue, and shall name the Owner as an additional insured and provide a certificate of insurance evidencing such coverage upon request.
XI. CONFIDENTIALITY.
38. The Parties agree and acknowledge that in the course of this Agreement, or in providing additional services pursuant to this Agreement, each may be given access to, or come into possession of, confidential information of the other Party, which information may contain trade secrets, proprietary data, or other confidential material of that Party.
39. Unless expressly authorized in writing by the other Party, neither Party shall disclose to any third party any confidential information or materials provided by the other Party under this Agreement, nor use such information in any manner other than to perform its obligations under this Agreement.
40. The foregoing restrictions shall not apply to any information that is in the public domain or in the receiving Party’s possession, in each case other than as a result of a breach of the confidentiality obligations of the receiving Party or of a third party, or that is required to be disclosed by law or court order.
XII. EXCLUSIVITY.
41. This Agreement grants the Concessionaire an exclusive right to distribute its products at the Venue during the Term. The Owner agrees not to grant any other person or entity the right to sell goods or provide services at the Venue that directly compete with the goods or services provided by the Concessionaire.
XIII. SIGNS.
42. The Concessionaire shall be limited to placing a sign on the Concession Stand.
43. The Concessionaire shall not place any sign, notice, or advertising matter in or about the Owner’s real property without the Owner’s prior written consent, which consent may be withheld for any reason.
44. If required by applicable code, the Concessionaire shall obtain all necessary permits in connection with any such signs.
XIV. DEFAULT.
45. The occurrence of any of the following shall constitute a material default under this Agreement:
a. The failure to make a required payment when due;
b. The insolvency or bankruptcy of either Party;
c. The subjection of any of either Party’s property to any levy, seizure, general assignment for the benefit of creditors, application, or sale for or by any creditor or governmental agency; and
d. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
XV. REMEDIES.
46. 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 non-defaulting Party may terminate this Agreement by providing written notice to the defaulting Party.
47. Such notice shall describe with sufficient detail the nature of the default.
48. The Party receiving such notice shall have ________ days from the effective date of such notice to cure the default(s). Unless waived by the Party providing notice, the failure to cure the default(s) within such time period shall result in automatic termination of this Agreement.
XVI. ENTIRE AGREEMENT.
49. This Agreement, together with all Exhibits attached hereto, contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement.
50. This Agreement supersedes any prior written or oral agreements between the Parties.
XVII. ASSIGNMENT.
51. Neither the Concessionaire nor the Owner shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party.
52. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and permitted assigns.
XVIII. SEVERABILITY.
53. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
54. If a court of competent jurisdiction 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 shall be deemed to be written, construed, and enforced as so limited.
XIX. AMENDMENT.
55. This Agreement may be modified or amended only in writing, provided that the writing is signed by the Party obligated under the amendment.
XX. GOVERNING LAW.
56. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________ County, ________ for the resolution of any dispute arising out of or relating to this Agreement.
XXI. NOTICE.
57. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph of this Agreement or to such other address as one Party may have furnished to the other in writing.
XXII. WAIVER OF CONTRACTUAL RIGHTS.
58. 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.
XXIII. PERFORMANCE.
59. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor.
60. Adherence to the completion dates set forth in the description of the Services is essential to the Concessionaire’s performance of this Agreement.
XXIV. COUNTERPARTS.
61. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted electronically or by facsimile shall be deemed valid and binding for all purposes.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
_________________________________
________, Owner
_________________
Date: ________
_________________________________
________, Concessionaire
_________________
Date: ________
Fields you complete are inserted into the document live. This template is general guidance only — not legal advice.