Parade of Homes Contract
The undersigned builder (hereinafter "Builder") and the Building Industry Association of Lancaster County (hereinafter "BIA"), intending to be legally bound agree as follows.
1. Builder hereby applies to the BIA to enter one or more single-family Homes, townhomes or apartments (hereinafter collectively the "Homes") in the 2017 Parade of Homes conducted by the BIA (hereinafter the "Parade"). The Registration Fee and General Information sheet attached hereto is made a part hereof.
2. Homes that may be entered: Only new Homes (custom, model, spec homes, apartments) which have never been occupied may be entered in the Parade. Any unsold, unoccupied Homes over one (1) year of age are permitted; if entered in a prior Parade they can be re-entered at a discounted rate of $2000 but will not be judged or eligible for any awards. Owners of custom Homes entered in the Parade SHALL sign a BIA provided form indicating their understanding and acceptance of the rules and regulations governing the Parade and willingness to abide by the hours the Home shall be open to the public during the Parade hours.
3. Key Required: A key shall be submitted by the Builder to the BIA for each Home entered and must be received by the BIA at least 3 business days before Judging Day. The key may be dropped off at sign pick up and will be used only for access to judge the Homes and will be returned to the Builder when the signs are returned.
4. Parade hours: 5:00PM - 8:00PM weekdays and 12:00PM - 6:00PM weekends. Builder is responsible for staffing Homes during ALL Parade hours specified in this Contract. Builder may, but is not required, to staff the Homes during other hours. Parade homes MUST be open during all Parade hours and all finished areas of the Home shall be open for viewing. Some rooms may be roped off, but Parade visitors must be able to view all finished rooms. Failure to have all finished areas of the Parade Home open during the advertised Parade Hours is a violation of this Contract.
5. Floors: Homes must have finished floors.
6. Lawns and Landscaping: Green, mature lawns are desirable and highly recommended, but the ground shall be seeded and covered with straw or hydro-seeded if the lawn is not mature. Landscaping shall be otherwise completed by the first day of the Parade.
7. Guidebook: Upload floor plans AND a photograph (if available) of the Home. Additionally, company logos, choice of trends, list of top ten (10) features, listing price and detailed directions to the Homes shall be provided on this form by the Builder and shall be submitted to the BIA by entry deadline. The BIA shall provide representation of the Homes in the Parade of Homes Guidebook if the above conditions and deadlines are met by the builder entering a Home; BIA shall not be responsible for any inaccuracies.
8. Compliance and Complaints: Builders shall conform to the Contractor Quality Commitment standards issued by the BIA and build a quality product. The BIA reserves the right to reject any Parade entry without cause and refund all fees. The BIA further reserves the right (for cause) to reject any Parade entry, without refund. The BIA Ethics Committee will be utilized to review any complaints or violations of this Contract. Determination of a violation by the Committee shall be final and binding upon the parties hereto.
9. Insurance Requirements: Builder shall maintain adequate general liability and builders risk insurance for each Home and provide the BIA with a certificate of insurance no later than April 7, 2017, naming the BIA as an additional insured.
10. Judging Homes: Homes will be judged prior to the opening of the Parade on Tuesday, June 13th, 2017 and Wednesday, June 14th, 2017 (hereinafter "Judging Day") between the hours of 8:00AM and 5:00PM. Homes must be ready for judging and no one is permitted in the Homes during the judging process. Builder shall not confer with the judges at any time. No Home will be judged unless the Home is substantially completed and the insurance certificate has been submitted. During the Parade, the Homes must remain exactly as they were for judging, i.e. if furniture was placed in the Home for judging, it must remain in the Home throughout the week of the Parade.
11. Liability Insurance/BIA: Builder shall indemnify, defend and hold harmless the BIA from and against any and all claims and demands of loss whatsoever, caused to any person or property, arising directly or indirectly out of the business conducted in, or about Builder's Homes or arising directly or indirectly from any act or omission of the Builder, its servants, its employees, or agents and from or against any and all cost, expenses (including reasonable attorney's fees) and liability incurred with any claim or proceeding brought thereon.
12. Parade Registration Materials/Deadlines: Builder shall complete and return to the BIA registration materials, including floor plans, this Contract and the entry fee(s) on or before February 24, 2017, to qualify for the “Early Bird” Registration. Final deadline for entry of Parade Home is April 7, 2017 in order to participate in the Parade and guarantee all advertising. Builders will be charged a $300 fee, or more at BIA’s discretion, for changes made to entries after entry is submitted.
13. Opening Day Requirements: Homes shall be complete on the opening day of the Parade including landscaping, all surfaces finished and fixtures installed.
14. Refund Policy: $1,000 is non-refundable if any Homes are sold or withdrawn from the Parade at any time. Balance of fee is non-refundable if any Homes are withdrawn from the Parade after February 24, 2017. Homes may be substituted if any Home entered in the Parade is sold or withdrawn prior to April 7, 2017. Any other refunds will be at the discretion of the BIA.
15. Homes which are pulled from the Parade prior to Guidebook “Electronic Proof Day” will lose all entry fees. If the Home cannot be pulled from the Guidebook, a “sold” sign will be placed over it. The Home will not be judged. If the Home is pulled after the Guidebook “Electronic Proof Day”, the builder will lose their entry fee, (includes advertising fee), and will pay an additional $500 for a sign which will be maintained on the property during the Parade of Homes.
16. Sign Pick-up/Violations: Builders shall pick up Parade signs from Garman Builders warehouse during the designated date and hours. Builders shall return Parade signs to Garman Builders warehouse during the designated dates and hours.
17. Contract Violations: Any violations of the provisions of this Contract may, at the discretion of the Board of Directors, result in Builder being banned from participation in the remainder of the 2017 Parade of Homes and in future Parades of Homes.
18. Advertised Home Price:
A. The BIA strongly recommends that Builders advertise the retail sale price of the Parade Home. If the Builder chooses not to advertise the retail sale price of the Parade Home, the Parade Home shall automatically be placed in the highest price judging division established for the Parade.
B. The advertised price of the Home must be equal to the current market value of the lot and the Home package. It MUST include the Builder’s retail cost of ANY and ALL amenities either donated or given at a discount rate by suppliers. If it is a listed spec Home, it must be the listed price of the Home with the lot.
C. Electronic Proof Day is the last opportunity you have to change the price of your Home.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of (please sign and date below).