Food Truck ParkAlice, Texas

This Vendor Participation Agreement, referred to as this Agreement, is entered into between Coyoteville Alice LLC, a Texas limited liability company, doing business as Coyoteville, together with its owners, members, managers, officers, employees, agents, contractors, volunteers, affiliated and related entities, and the owner of the real property located at 150 North Stadium Road, Alice, Texas, all of whom are collectively referred to as the Released Parties, and the vendor identified in this application, referred to as Vendor. This Agreement governs Vendor's participation in any event held at Coyoteville and remains in effect for every event Vendor participates in unless replaced by a later version.

1. Independent Business Relationship

Vendor is an independent business operating for its own account and at its own risk. Nothing in this Agreement creates a partnership, joint venture, employment, agency, franchise, or landlord and tenant relationship between Vendor and Coyoteville. Vendor controls its own operations, personnel, pricing, products, hours of service, and methods of work. Vendor is solely responsible for its own taxes, employment obligations, workers compensation coverage, and regulatory compliance. Coyoteville provides space only and does not supervise, direct, or control Vendor's business.

2. Space, Fees, and Placement

Coyoteville grants Vendor a revocable, non exclusive, non transferable license to occupy an assigned space for the duration of the event only. This is a license to occupy, not a lease, and conveys no tenancy, possessory interest, or property right of any kind. Space assignment, size, and location are determined solely by Coyoteville and may be changed at any time. Fees are due in advance. Payment does not reserve or confirm a space; it places Vendor's application into the review queue described in Section 3, and a space exists only once Coyoteville has approved that application. Except as expressly provided in Section 3, fees are non refundable. Coyoteville charges no commission and takes no percentage of Vendor's sales. Vendor may not sublet, share, transfer, or assign its space to any other business without prior written consent.

3. Application Review, Cancellation, and Refunds

If Vendor cancels, the fee is not refunded, for any reason. That includes illness, staffing, weather, vehicle or equipment failure, a competing booking, a change of mind, and simply not attending. This applies however far in advance Vendor cancels.

A spot is sold for one specific date and carries no credit, transfer, or rain check toward any other date. A paid space is held out of a limited number for that date and is not resold once Vendor cancels, so the fee is not moved to a future event, is not held on account, is not exchanged for a different spot type, and is not transferable to another business.

The two rules in this section are distinct and are not in conflict. A refund arises only where Coyoteville declines to accept Vendor, which is Coyoteville's decision. No refund arises where Vendor withdraws after being accepted, which is Vendor's decision. Nothing in this section entitles Vendor to a refund in any circumstance addressed by Section 5, Section 10, or Section 15, under which fees are not refunded.

This section governs a single date, whether an event date or an ordinary open day. Recurring monthly spots are governed by Section 4, which sets out its own cancellation rule, and where the two differ Section 4 controls for a monthly spot.

4. Recurring Monthly Spots

A permanent spot is a license to occupy, renewed monthly. It is not a lease, a rental agreement, a tenancy, or any possessory or property interest in the premises, and it creates no landlord and tenant relationship of any kind. Vendor acquires no right of occupancy beyond the month it has paid for, no right to any particular space, and no right to remain on the premises after this Agreement ends. Everything in Section 2 about placement being determined solely by Coyoteville applies to a permanent spot in the same way.

Cancellation takes effect at the end of the paid period and never in the middle of one. Vendor may cancel at any time by emailing or telephoning Coyoteville using the contact details on the site. Cancelling stops the next renewal. Vendor keeps the spot for the remainder of the month already paid for and no partial month is refunded, prorated, or credited, whatever date within the month Vendor cancels on. Coyoteville may likewise end a monthly spot at the end of any paid period.

If a monthly charge fails, Coyoteville and its payment processor may reattempt the charge over the following days. Vendor remains responsible for the fee. Coyoteville will notify Vendor at the email address on the application so the card can be corrected, and Vendor keeps the spot through the period already paid for while the failure is resolved. If payment is not completed, Coyoteville may suspend or end the monthly spot at the end of the paid period and release the space to another vendor. Coyoteville is not obliged to hold a space against unpaid fees.

Section 3 continues to apply to a monthly application in every respect other than cancellation: it goes through the same review, no space exists until it is approved, and if Coyoteville denies a monthly application no charge is ever taken and the stored card is released, so there is nothing to refund. The two rules do not conflict. A denial by Coyoteville means Vendor was never billed. A cancellation by Vendor means Vendor was billed for the month it cancelled in and keeps that month.

Coyoteville may change the monthly fee on thirty days written notice to the email address on the application. Vendor's remedy if it does not accept a change is to cancel before the next renewal, which Vendor may do at any time under this section.

5. Permits, Licenses, and Food Handler Certification

Vendor is solely responsible for obtaining, maintaining, and producing on demand every permit, license, certification, and registration required for its operation by the City of Alice, Jim Wells County, the Texas Department of State Health Services, the Texas Comptroller of Public Accounts, and any other authority with jurisdiction. Without limitation, Vendor represents and warrants that it holds all of the following that apply to its operation:

1. A current health permit issued by the Texas Department of State Health Services for every mobile food unit. Any Vendor operating a food truck or other mobile food unit must hold a current DSHS mobile food unit permit, must upload it as a condition of registering, and must have it physically present at the event. A temporary food establishment permit issued by the applicable health authority is required for any other Vendor preparing, handling, or serving food or beverages.
2. A valid Texas accredited food handler certificate for every individual who handles food at the event. Vendor will have proof of certification physically present at the event for each such person and will produce it immediately upon request by Coyoteville or any health or code official.
3. A Certified Food Manager certification where required by the applicable health authority for the type of operation Vendor conducts.
4. A Texas Sales and Use Tax Permit, with Vendor solely responsible for collecting and remitting all applicable sales tax on its own sales.
5. Any commissary agreement, fire marshal inspection, propane inspection, or vehicle registration required for a mobile food unit.

Vendor understands and agrees that Coyoteville does not verify, review, approve, or assume any responsibility for Vendor's permits or certifications, and that Coyoteville's failure to request or inspect them does not waive Vendor's obligation to hold them. Vendor may not operate without every required permit and certification, and Coyoteville may immediately remove any Vendor found operating without them, with no refund of fees.

6. Insurance

Vendor will obtain and maintain at its own expense, for the entire time it is on the premises, commercial general liability insurance covering bodily injury, property damage, personal injury, and products and completed operations arising out of Vendor's operations, with limits of not less than one million dollars per occurrence and two million dollars in the aggregate. Vendor will also maintain any auto liability coverage required for its vehicles and trailers, and workers compensation coverage as required by law for its employees. Upon request, Vendor will provide a certificate of insurance naming Coyoteville Alice LLC and the property owner as additional insureds. Vendor's insurance is primary and non contributory as to any coverage held by the Released Parties. Vendor waives all rights of subrogation against the Released Parties to the extent permitted by its policies. Vendor's failure to maintain insurance does not relieve Vendor of any obligation under this Agreement, including its indemnification obligations.

7. Equipment, Fire Safety, and Utilities

Vendor supplies all of its own equipment, including tent, canopy, weights or anchors, tables, chairs, signage, lighting, generator, fuel, potable water, refrigeration, cooking appliances, and serving supplies. Coyoteville supplies space only and provides no power, water, refrigeration, ice, propane, waste disposal, tables, or equipment of any kind unless separately agreed in writing.

Vendor will comply with all fire safety requirements and will maintain on site, at its own space, a current and properly rated fire extinguisher appropriate to its cooking method, including a Class K extinguisher where the operation involves cooking oils or fats. Vendor is solely responsible for the safe transport, storage, connection, and use of propane, fuel, and any open flame or heat producing equipment, for maintaining safe clearances from tents, structures, vehicles, and the public, and for securing all canopies and tents against wind. Vendor will comply immediately with any direction from Coyoteville, the fire marshal, or any code official concerning the safety of its setup.

8. Food Safety and Sanitation

Vendor is solely responsible for the safety, handling, temperature control, storage, preparation, labeling, and service of every product it sells or distributes, including compliance with the Texas Food Establishment Rules. Vendor will maintain handwashing capability and sanitizer at its space as required for its operation. Vendor bears sole and complete responsibility for any foodborne illness, allergic reaction, contamination, injury, or claim arising from any product Vendor sells, prepares, samples, gives away, or serves, and the Released Parties bear none.

9. Waste, Gray Water, and Grease

Discharging gray water, wastewater, grease, cooking oil, ice melt containing food residue, or any other liquid waste onto the ground, into storm drains, or anywhere on or near the premises is strictly prohibited. Vendor will contain and remove all such waste from the premises for lawful disposal off site. Vendor will remove all trash, packaging, food waste, and debris from its space at the end of each event and leave the space in the condition it was found. Vendor is responsible for the full cost of any cleanup, remediation, environmental response, or repair necessitated by its operation, including any fine or penalty assessed against Coyoteville as a result.

10. Conduct, Compliance, and Removal

Vendor and its personnel will conduct themselves professionally and lawfully at all times, will comply with all applicable federal, state, and local laws and ordinances, including noise, signage, and health regulations, and will follow all reasonable directions from Coyoteville staff. Vendor will not sell, distribute, or possess alcohol, cannabis or hemp derived intoxicants, tobacco or vape products, weapons, fireworks, counterfeit merchandise, or any unlawful item, and will not sell alcohol under any circumstance without prior written approval from Coyoteville and all required TABC permitting. Coyoteville may remove any Vendor from the premises at any time, with no refund, for any violation of this Agreement, any unsafe condition, any conduct Coyoteville reasonably determines is disruptive or harmful to the event, or any failure to hold required permits or certifications.

11. Security and Personal Property

Coyoteville provides no security, surveillance, storage, or safekeeping of any kind. All property Vendor brings to the premises, including inventory, equipment, cash, vehicles, and trailers, remains at Vendor's sole risk. The Released Parties are not liable for theft, vandalism, loss, or damage to Vendor's property or the property of Vendor's employees, contractors, guests, or customers, from any cause whatsoever.

12. Assumption of Risk

13. Release of Liability

14. Indemnification

15. Weather, Cancellation, and Force Majeure

Events are held rain or shine. Coyoteville may delay, suspend, relocate, shorten, or cancel any event, in whole or in part, for weather, safety, public health, governmental order, utility failure, or any cause beyond its reasonable control, and may direct Vendor to cease operating or evacuate at any time. Fees are non refundable in all such circumstances, and the refund in Section 3 does not apply, because it arises only where Coyoteville declines an application. Where Coyoteville itself cancels a date it will make a reasonable effort, but is not obligated, to credit that fee toward a future event; the bar in Section 3 on credit and transfer applies to a cancellation by Vendor and does not limit what Coyoteville may choose to do here. The Released Parties are not liable for any lost profits, lost sales, spoiled inventory, wasted labor, travel costs, or other loss Vendor incurs as a result of any delay, cancellation, low attendance, or event outcome.

16. No Guarantee of Attendance or Sales

Coyoteville makes no representation, warranty, or guarantee regarding event attendance, foot traffic, weather, sales volume, revenue, the number or type of other vendors present, or the presence or absence of competing products. Vendor acknowledges it has made its own independent business judgment in deciding to participate.

17. Media and Photo Release

Vendor grants Coyoteville and its assigns an irrevocable, royalty free, perpetual right to photograph, film, record, and reproduce images and recordings of Vendor, its space, personnel, products, and signage at any event, and to use them in any medium for advertising, promotional, editorial, and commercial purposes without further notice, approval, or compensation. Vendor is responsible for obtaining any consent required from its own employees and personnel.

18. Governing Law, Venue, and Attorney Fees

This Agreement is governed by the laws of the State of Texas without regard to conflict of law principles. Exclusive venue for any dispute lies in the state courts of Jim Wells County, Texas, and Vendor consents to personal jurisdiction there and waives any objection to venue. In any action to enforce this Agreement, the prevailing party is entitled to recover its reasonable attorneys fees and costs.

19. General Provisions

If any provision of this Agreement is held unenforceable, it will be modified to the minimum extent necessary to be enforceable, or severed, and the remainder will continue in full force. The release and indemnification provisions survive the conclusion of any event and the termination of this Agreement, and are binding on Vendor's heirs, successors, assigns, and legal representatives. This Agreement is the entire agreement between the parties on this subject and supersedes all prior discussions. No waiver of any breach is a waiver of any other breach. Coyoteville may update this Agreement, and the version in effect at the time of each event governs that event.

20. Acknowledgment and Electronic Signature

The parties agree that a typed name submitted electronically constitutes a valid and legally binding signature under the Texas Uniform Electronic Transactions Act, Chapter 322 of the Texas Business and Commerce Code, and consent to conduct this transaction by electronic means.