No Refund, Weather, Cancellation and Event Modification Policy

1. All Vendor Booth Fees Are Final

All vendor booth fees are final and non-refundable except where St. Pete Is Super Cool expressly provides a credit or other remedy under this policy.

Once payment is submitted, the vendor’s space is reserved and removed from availability to other applicants. St. Pete Is Super Cool may immediately begin performing administrative, promotional, staffing, venue-planning, permitting, logistical and operational services associated with the vendor’s registration and participation.

Refunds, partial refunds, prorated refunds, credits or transfers will not be issued because of:

• Vendor cancellation or withdrawal
• Failure to attend or participate
• Late arrival or incomplete setup
• Early departure
• Transportation, vehicle or equipment problems
• Personal, family, staffing, financial or medical circumstances
• Scheduling conflicts
• Failure to read event communications
• Failure to comply with event rules, instructions or deadlines
• Dissatisfaction with booth placement, event layout, sales, attendance or foot traffic
• Weather conditions that do not result in a complete cancellation as specifically defined in this policy
• A vendor’s inability or unwillingness to participate in the event as originally scheduled, rescheduled or reasonably modified
• A vendor’s removal or exclusion due to noncompliance with event, venue or legal requirements

A vendor’s decision, inability or failure to participate does not constitute a cancellation by St. Pete Is Super Cool.

Submitting an application or payment for an event does not guarantee acceptance into any other event, a particular location within the event or approval of any future transfer request.

2. No Sales, Attendance, Placement or Performance Guarantees

St. Pete Is Super Cool does not guarantee any particular level of:

• Sales or revenue
• Customer attendance or foot traffic
• Exposure or promotion
• Profitability
• Vendor performance
• Weather conditions
• Booth placement
• Proximity to entrances, attractions or other vendors
• Exclusivity of products or vendor categories
• Customer purchasing activity
• Duration of uninterrupted selling time

Booth assignments, layouts, entrances, vendor categories, neighboring vendors, attractions and event features are determined at the discretion of St. Pete Is Super Cool and may change before or during the event.

St. Pete Is Super Cool may accept multiple vendors offering similar or competing products or services unless written exclusivity has been expressly granted by an authorized representative of St. Pete Is Super Cool.

Dissatisfaction with sales, attendance, weather, booth placement, event layout, neighboring vendors, competing vendors or overall event results does not constitute nonperformance or breach by St. Pete Is Super Cool and does not entitle the vendor to a refund, credit, transfer or payment reversal.

The vendor acknowledges that purchasing a booth provides an opportunity to participate in the event and does not constitute a guarantee of any particular financial or promotional result.

3. Events Are Generally Held Rain or Shine

Events are generally held rain or shine unless St. Pete Is Super Cool determines that operating or continuing the event would be unsafe, impractical, prohibited by the venue or prohibited by a governmental or emergency authority.

The possibility of rain, wind, heat, cold, storms or other outdoor conditions is an inherent risk of participating in an outdoor market.

Vendors are responsible for monitoring weather conditions and arriving prepared for rain, wind, heat, cold and other reasonably foreseeable outdoor conditions.

Each vendor is solely responsible for properly securing all tents, canopies, displays, merchandise, equipment and signage and for complying with all tent-weight, fire-safety, weather-safety and venue requirements.

A vendor’s decision not to attend because of a weather forecast, travel concern or personal assessment of the weather does not constitute a cancellation by St. Pete Is Super Cool and does not create a right to a refund, credit or transfer.

4. Modified Hours, Delays, Pauses and Early Closures

St. Pete Is Super Cool may delay opening, pause operations, shorten the event, close the event early or otherwise modify event hours because of:

• Rain, lightning, wind, heat or severe weather
• Unsafe or deteriorating conditions
• Venue instructions or restrictions
• Governmental or emergency-management instructions
• Security or public-safety concerns
• Utility, structural or equipment issues
• Construction, traffic or access restrictions
• Force majeure events
• Any occurrence affecting the safe, lawful or practical operation of the event

An event will be considered to have operated once vendor check-in, vendor access, setup, customer admission, selling activity or any substantial portion of event operations has begun.

A delayed opening, temporary pause, weather interruption, shortened event or early closure does not constitute a complete cancellation.

Vendors are not guaranteed the full originally scheduled setup or selling period.

No refund, partial refund, prorated refund, credit or transfer will be issued when an event opens, operates or provides the vendor with access to the purchased booth opportunity for any portion of the scheduled or modified event period.

This provision applies even when weather, lightning, venue instructions, safety concerns, emergency conditions or another occurrence prevents vendors from receiving the full scheduled selling time.

5. Changes to Date, Hours, Location, Layout or Procedures

St. Pete Is Super Cool may reasonably modify an event’s:

• Hours
• Setup or check-in times
• Layout
• Vendor placement
• Entrances or exits
• Parking or unloading procedures
• Operating procedures
• Event features
• Location within the venue
• Venue location
• Original event date

Changes may be made because of weather, venue requirements, governmental requirements, permitting, safety concerns, construction, accessibility issues, emergencies, venue availability or circumstances beyond the reasonable control of St. Pete Is Super Cool.

A reasonable change to the event’s hours, layout, procedures, location or operations does not constitute a cancellation, failure to provide services or breach of this agreement.

A change in booth assignment or event layout does not entitle a vendor to refuse the assigned location while retaining a right to a refund.

The vendor remains responsible for reviewing all event instructions, changes and communications sent to the email address or telephone number provided in the application.

An email or text message will be considered delivered when sent to the contact information supplied by the vendor, regardless of whether the vendor opens, reads, receives or responds to the communication.

6. Postponed or Rescheduled Events

When an event cannot proceed on its original date but St. Pete Is Super Cool designates a replacement or rescheduled date, the event will be treated as postponed or rescheduled rather than completely canceled.

The vendor’s booth payment and registration will automatically transfer only to the designated rescheduled date. No additional registration fee will be required for the same booth type on that replacement date.

The designated rescheduled date, hours, location and operating terms will be determined by St. Pete Is Super Cool based on venue availability, permitting, staffing, operational requirements and other relevant circumstances.

The designated rescheduled date may occur on a different day of the week, at different hours or in a reasonably substituted event location.

If the vendor cannot or chooses not to participate on the designated rescheduled date, the registration and booth fee will be forfeited.

The payment will not be refunded, credited or transferred to another event unless St. Pete Is Super Cool expressly approves an exception in writing.

A vendor’s scheduling conflict, personal circumstances, unwillingness or inability to attend the designated rescheduled date does not convert the postponement into a complete cancellation by St. Pete Is Super Cool.

The vendor acknowledges that the designated rescheduled date is the replacement service provided for the original event registration.

7. Complete Cancellation by St. Pete Is Super Cool

An event is considered completely canceled only when St. Pete Is Super Cool determines that:

• The event will not operate on its original date;
• No portion of vendor check-in, setup, customer admission or event operations has begun; and
• No designated replacement or rescheduled date will be provided.

If St. Pete Is Super Cool completely cancels an event under this specific definition, the affected booth payment will be converted into a noncash vendor credit equal to the amount paid for the canceled event.

The credit may be applied toward an eligible St. Pete Is Super Cool vendor event occurring within 12 months after the original event date, subject to:

• Application approval
• Event and booth availability
• Vendor-category restrictions
• Venue requirements
• Compliance with all application requirements
• Payment of any difference in booth price

The credit has no cash value and may not be redeemed for money.

The credit may not be sold, assigned or transferred to another person, business or vendor.

If the replacement booth fee is less than the credit amount, any remaining balance will continue to be available until the original expiration date. No cash refund will be issued for the difference.

Any unused credit remaining after the 12-month expiration period will be forfeited.

The noncash credit described in this section is the vendor’s exclusive contractual remedy for a complete cancellation unless St. Pete Is Super Cool elects, in its sole discretion, to provide a refund or different accommodation in writing.

8. Vendor-Requested Transfers

A vendor may request one complimentary registration transfer to another eligible event at the same market location within the same calendar year only when written notice is received at least 30 calendar days before the original event date.

A transfer is not automatic and remains subject to:

• Written approval by St. Pete Is Super Cool
• Event and booth availability
• Application approval
• Vendor-category limitations
• Venue restrictions
• Compliance with event requirements
• Payment of any difference in booth price

Transfer requests submitted fewer than 30 calendar days before the original event date may be denied.

Unless expressly confirmed in writing by an authorized representative of St. Pete Is Super Cool, a transfer request does not cancel, alter or postpone the vendor’s original registration.

Approval of one exception, transfer, accommodation or credit does not modify this policy or require St. Pete Is Super Cool to approve the same request for another vendor or another event.

A transferred registration remains subject to all rules, policies, deadlines and requirements applicable to the replacement event.

9. Licenses, Insurance, Permits and Required Documentation

Vendors are solely responsible for obtaining and maintaining all licenses, permits, registrations, certificates of insurance, tax documents and other approvals required by:

• Federal, state or local law
• The event venue
• Governmental authorities
• Fire or health authorities
• St. Pete Is Super Cool
• Any other entity with authority over the event or vendor activity

Failure to provide required documentation by the stated deadline may result in the vendor being denied entry, setup or participation without a refund, credit or transfer.

The vendor is responsible for confirming that all documents are accurate, current and applicable to the vendor’s activities.

Venue owners, governmental authorities and St. Pete Is Super Cool may update reasonable safety, insurance, licensing, permitting or documentation requirements when necessary.

A vendor’s failure, refusal or inability to satisfy an original or updated requirement does not entitle the vendor to a refund, credit or transfer.

Payment of a booth fee does not override any licensing, insurance, permitting, food-safety, fire-safety or venue requirement.

10. Vendor Noncompliance, Denial of Participation and Removal

St. Pete Is Super Cool may refuse entry, suspend participation, deny setup or remove a vendor who:

• Violates event rules or policies
• Provides false, misleading or incomplete application information
• Fails to provide required documentation
• Creates or contributes to an unsafe condition
• Engages in threatening, abusive, discriminatory or disruptive conduct
• Sells prohibited, unlawful, counterfeit or unapproved products
• Offers products or services materially different from those approved
• Exceeds the booth space purchased
• Fails to comply with setup or breakdown requirements
• Fails to follow venue, staff, security or governmental instructions
• Damages venue or event property
• Interferes with another vendor or event operations
• Allows an unauthorized vendor or business to use or share the booth
• Otherwise materially breaches this agreement

A vendor who is denied participation or removed for noncompliance will not receive a refund, credit or transfer.

Removal or denial of entry resulting from the vendor’s own conduct or noncompliance does not constitute a cancellation or failure of performance by St. Pete Is Super Cool.

The vendor remains responsible for any damage, injury, cleanup expense, fine, penalty or charge resulting from the vendor’s conduct, property, employees, agents or guests to the extent permitted by applicable law.

11. Payment Authorization and Transaction Description

By submitting payment, the vendor authorizes St. Pete Is Super Cool and its payment processor to charge the payment method provided for the market registration, event date, booth type and additional services selected in the application.

The vendor acknowledges that the transaction may appear on the cardholder’s statement under the business, market, event or payment descriptor displayed during checkout or on the payment receipt.

The vendor confirms that they are the authorized cardholder or have received express permission from the authorized cardholder to complete the transaction.

When payment is made using a card or account belonging to another person or business, the vendor represents that the cardholder has authorized both the payment and the vendor’s acceptance of these terms.

The vendor accepts responsibility for ensuring that the cardholder recognizes the transaction and understands the event registration associated with the charge.

The vendor acknowledges that payment authorization, policy acceptance and the reservation of booth space are documented electronically through the application and checkout process.

12. Payment Disputes, Chargebacks and False Claims

The vendor acknowledges that St. Pete Is Super Cool’s refund, cancellation, postponement, weather and event-modification terms are material conditions of the purchase.

A vendor may not properly use a chargeback, payment dispute or account reversal as a substitute for a refund, credit or transfer that is expressly unavailable under this agreement.

St. Pete Is Super Cool will contest any chargeback or payment reversal involving an authorized transaction when its records demonstrate that:

• The vendor or authorized cardholder completed or authorized the payment
• The vendor accepted this policy before or at the time of payment
• The vendor canceled, withdrew, failed to attend, arrived late or left early
• The event operated as scheduled or in a form permitted by this agreement
• The vendor received access to or was offered the purchased booth opportunity
• The vendor declined or failed to attend a designated rescheduled date
• The vendor was denied participation because of missing documentation or noncompliance
• The dispute is based on sales, attendance, weather, booth placement or another condition expressly excluded by this agreement
• The cardholder’s claim is contradicted by the application, communications, attendance records, photographs or other available evidence

By completing payment, the vendor agrees not to:

• Misrepresent an authorized transaction as unauthorized
• Falsely claim that services were not provided when the event operated
• Falsely claim that services were not provided when the vendor opportunity was made available
• Conceal the vendor’s cancellation, absence, late arrival, early departure or noncompliance
• Misrepresent the event’s operation, duration, weather conditions or rescheduling
• Knowingly provide inaccurate, incomplete or misleading information to a bank, card issuer, payment processor or card network

A chargeback filed because the vendor changed their mind, could not attend, was dissatisfied with sales or attendance, disagreed with booth placement, failed to comply with event requirements, declined a valid rescheduled date or otherwise seeks to avoid this No Refund Policy will be contested using all available evidence.

St. Pete Is Super Cool may provide the vendor’s application, payment authorization, policy acknowledgment, event communications, vendor lists, booth assignments, check-in records, attendance records, photographs, receipts and other relevant documentation to:

• Square or another payment processor
• The cardholder’s issuing bank
• Visa, Mastercard, American Express, Discover or another applicable card network
• A collection agency
• Legal counsel
• A mediator, arbitrator or court
• Any other party reasonably involved in resolving or recovering the disputed payment

When a cardholder knowingly makes a materially false statement concerning the authorization of the transaction or the delivery, operation or availability of the purchased services, St. Pete Is Super Cool may characterize the claim as suspected chargeback abuse and pursue any remedies available under applicable law.

The vendor will be permanently ineligible to participate in future St. Pete Is Super Cool events after initiating a chargeback that is inconsistent with the vendor’s payment authorization, accepted policies or documented circumstances, unless St. Pete Is Super Cool determines that the dispute resulted from:

• A genuine duplicate charge
• An incorrect transaction amount
• A documented processing error
• Actual unauthorized use of the payment method

A chargeback, temporary bank credit, provisional credit or initial payment reversal does not establish that:

• The original transaction was unauthorized
• St. Pete Is Super Cool breached this agreement
• The purchased service was not provided
• The vendor was entitled to a refund
• The vendor has prevailed in any contractual or legal dispute

The reversal of a payment does not cancel the vendor’s contractual payment obligation when the amount remains validly owed under this agreement.

13. Outstanding Balances, Collection and Recovery Costs

Any valid booth fee, additional charge, damage charge or other amount that is reversed, withheld or left unpaid in violation of this agreement will remain an outstanding contractual balance owed to St. Pete Is Super Cool.

This includes an amount returned to a cardholder through a chargeback or payment reversal when the underlying transaction was authorized and the vendor was not contractually entitled to a refund, credit or reversal.

St. Pete Is Super Cool may seek recovery of an outstanding balance through:

• Written payment demands
• Payment processor documentation
• Collection efforts
• Mediation
• County or small claims court
• Any other lawful collection or civil remedy

To the fullest extent permitted by applicable law, the vendor agrees to pay:

• The unpaid or reversed principal balance
• Prejudgment and post-judgment interest permitted by law
• Filing fees
• Service-of-process fees
• Subpoena and witness fees
• Mediation fees
• Reasonable collection expenses
• Reasonable attorney’s fees
• Taxable court costs
• Other reasonable enforcement expenses awarded or permitted by law

The vendor’s obligation to pay enforcement costs applies only to amounts reasonably incurred in enforcing this agreement and only to the extent enforceable, recoverable or awarded under applicable law.

St. Pete Is Super Cool does not waive the underlying debt by responding to a chargeback, communicating with the vendor, participating in mediation or delaying collection efforts.

Acceptance of a partial payment does not waive the remaining balance unless St. Pete Is Super Cool expressly agrees in writing that the payment fully resolves the debt.

14. Legal Proceedings, Governing Law and Venue

This agreement and any dispute arising from the vendor’s application, payment, participation, cancellation, chargeback or alleged breach will be governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Unless applicable law requires otherwise, any lawsuit or legal proceeding arising from this agreement must be filed in a court of competent jurisdiction in the Florida county where:

• The applicable event occurred or was scheduled to occur;
• The contracted services were substantially performed; or
• St. Pete Is Super Cool maintains its principal business operations.

The vendor consents to personal jurisdiction in Florida for disputes arising from this agreement or the vendor’s participation in a Florida event.

Before filing a lawsuit, a party seeking monetary relief must send written notice describing the dispute and requested resolution to the other party and allow at least 10 calendar days for a written response or payment.

This notice requirement does not prevent a party from filing promptly when necessary to preserve a legal deadline, seek emergency relief or prevent immediate harm.

In any legal proceeding to enforce or interpret this agreement, the prevailing party may seek recovery of reasonable attorney’s fees and taxable costs to the extent permitted by the agreement and applicable law.

The parties acknowledge that a payment processor or issuing bank’s chargeback determination is an administrative payment decision and is not a court judgment resolving the parties’ contractual rights.

Accordingly, either party may present the underlying contractual dispute to a court of competent jurisdiction, subject to applicable law, deadlines and procedural requirements.

15. Records and Evidence

The vendor authorizes St. Pete Is Super Cool to create, retain and use records reasonably related to the vendor’s application, payment and participation, including:

• Application responses
• Electronic acknowledgments
• Payment records and receipts
• Email and text communications
• Event instructions
• Vendor rosters
• Booth assignments
• Check-in records
• Attendance notes
• Photographs of vendor booths, event operations and assigned spaces
• Incident reports
• Weather, venue and operational communications

These records may be retained and used for operational purposes, dispute responses, collection, legal compliance and the enforcement or defense of contractual rights.

A photograph of an assigned booth, event operations or an empty reserved space may be used with other records to document that the event operated, the booth opportunity was available or the vendor failed to attend.

The vendor acknowledges that records may be maintained electronically and that an electronic application, acknowledgment, checkbox, typed name, payment submission or digital record may be used as evidence of acceptance to the extent permitted by law.

16. No Automatic Exceptions or Oral Modifications

An exception, accommodation, credit or transfer granted to one vendor does not modify this policy and does not require St. Pete Is Super Cool to grant the same exception to another vendor.

Approval of an exception on one occasion does not establish a continuing practice, waiver or obligation concerning future events.

No employee, volunteer, venue representative, independent contractor or event staff member may alter this policy through an oral statement.

Any exception, waiver or modification must be expressly confirmed in writing by an authorized representative of St. Pete Is Super Cool.

A failure or delay by St. Pete Is Super Cool in enforcing a provision does not waive the right to enforce that provision or any other provision later.

17. Severability and Continued Effect

If any provision of this policy is determined by a court to be invalid, unlawful or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue in effect.

The invalidity or unenforceability of one provision does not invalidate the entire policy.

The provisions concerning payment authorization, chargebacks, outstanding balances, evidence, collection, legal proceedings and enforcement will survive the event date, vendor cancellation, event completion, postponement, removal or termination of the vendor’s participation.

Vendor Acknowledgment

By submitting the application and completing payment, I confirm and agree that:

• I have read and agree to this No Refund, Weather, Cancellation and Event Modification Policy.
• I understand that vendor booth fees are non-refundable except for any specific credit remedy expressly stated in this policy.
• I understand that sales, attendance, foot traffic, booth placement and the full scheduled selling time are not guaranteed.
• I understand that an event may be delayed, paused, shortened, relocated, modified or closed early without creating a right to a refund or prorated credit.
• I understand that an event that begins operating but is later interrupted or closed early is not considered completely canceled.
• I understand that if an event is postponed, my registration will transfer only to the designated rescheduled date.
• I understand the noncash credit remedy that applies if St. Pete Is Super Cool completely cancels an event without providing a rescheduled date.
• I understand that my inability or decision not to participate does not constitute a cancellation by St. Pete Is Super Cool.
• I authorize the payment associated with my application.
• I confirm that I am authorized to use the payment method submitted or have permission from the authorized cardholder.
• I agree not to misrepresent an authorized transaction or the availability or delivery of the purchased vendor opportunity.
• I understand that a chargeback may not properly be used as a substitute for a refund that is unavailable under this agreement.
• I understand that St. Pete Is Super Cool will contest chargebacks that conflict with the payment authorization, accepted policies or documented circumstances.
• I understand that a valid amount reversed through an improper payment dispute may remain an outstanding contractual balance.
• I agree that St. Pete Is Super Cool may pursue lawful collection or court remedies for an unpaid contractual balance.
• I understand that I may be responsible for reasonable court costs, collection expenses and attorney’s fees to the extent permitted or awarded under applicable law.
• I understand that St. Pete Is Super Cool may use my application, acknowledgment, payment records, communications, photographs and participation records when responding to a chargeback or legal claim.
• I understand that a chargeback determination does not by itself constitute a court judgment or eliminate an otherwise valid contractual balance.
• I acknowledge that I have been given an opportunity to review this policy before completing payment.