1. Who we are

This service is operated by Fletcher Hillier, a sole proprietor operating as brandactivation.ca, in London, Ontario, Canada. You can reach us at info@brandactivation.ca.

In these terms, “we”, “us” and “the platform” mean Fletcher Hillier. If you need to name the other party to this agreement — for a dispute, a chargeback or anything legal — that is who it is, whatever name is on the website. “You” means the person or business using the service.

By creating an account or using the service you agree to these terms. If you are agreeing on behalf of a business, you confirm you are allowed to bind it.

2. What the service is — and is not

We provide software that connects vendors (food trucks, artisans, retailers, exhibitors and the like) with festival operators, and gives each side tools to manage applications, booth fees, paperwork and their own numbers.

• We are not the festival. Except where we say otherwise in writing, the festival you apply to is a separate business. They set their own booth prices, decide their own vendors, and run their own event.
• An application is not a booking. Sending an application through the platform creates no right to a space. The festival operator decides, in their sole discretion, and may decline without giving a reason.
• We do not guarantee outcomes. We do not promise you will be accepted anywhere, that any event will go ahead, that attendance will meet any figure, or that you will make money.
• The contract for the booth is between you and the festival. Many festivals have their own vendor contract covering setup, insurance, conduct and payment. That contract governs your attendance at their event; these terms govern your use of our software.

3. Accounts

Vendor accounts are free to create. Festival accounts are set up by us directly rather than self-served, and the commercial terms for those are agreed with each festival individually.

• Give accurate information and keep it current. Other businesses make decisions based on it.
• You are responsible for anything done through your account. Keep your password to yourself and tell us promptly if you think someone else has it.
• Do not claim to run an event you do not run. Claims on events in our directory are confirmed by us before an event is treated as yours.
• You must be old enough to enter a contract in your province, and the business you represent must be entitled to trade.

4. If you are a vendor

Applying

Your profile is sent to every festival you apply to. That includes your business details, what you sell, your space and power requirements, and any documents you have uploaded for that event. Apply only to events you intend to work.

Booth fees and deposits

• The festival sets the booth fee and any revenue-share terms. You see them before you apply.
• Nothing is charged while your application is pending.
• If the festival accepts you, a deposit of 25% of the booth fee becomes payable and is what holds your space. The balance is due before the event opens, or on the schedule the festival sets.
• If you save a card when applying, that card may be charged automatically for the deposit once, and only once, a festival accepts you.
• Revenue-share amounts are settled after the event on figures agreed with the festival.

Your obligations

You are responsible for your own licences, permits, insurance, food-safety compliance, taxes and equipment. Documents you upload are used to show a festival you meet their requirements; uploading one does not mean we have checked it or that it is adequate. Confirm requirements with the festival and your own advisors.

Vendor Pro

Vendor Pro is an optional subscription at $19 per month or $180 per year. It adds profit tracking, season comparisons and bulk applying. It does not improve your chances of being accepted anywhere. Cancel any time — see Refunds & Cancellations.

5. If you run a festival

• You decide your own vendors. We do not accept or decline on your behalf.
• You are responsible for your event: permits, site safety, insurance, staffing and for honouring what you offered the vendors you accepted.
• Where we introduce a vendor to you, commission is payable on what you actually collect from that vendor, for 18 months from the introduction, at the rate agreed with you. Vendors you already had cost you nothing.
• Vendor payments taken through the platform are settled to your connected payment account, less any commission and processing fees.
• Personal information you receive about vendors is for running your event. Do not use it for anything else and do not pass it on.

6. Payments

Card payments are processed by Stripe. We do not see or store full card numbers. Your use of the payment features is also subject to Stripe’s terms, and festivals receiving payouts are subject to the Stripe Connected Account Agreement.

Prices are in Canadian dollars unless stated otherwise. You are responsible for any taxes that apply to your own sales. Unpaid amounts may be pursued by the festival under their own contract with you.

7. What you upload

You keep ownership of everything you upload — your photos, descriptions, certificates and business details. You give us permission to store it and to show it to the festivals you apply to, and to display your business name, category and images where they are needed to run the service.

Do not upload anything you do not have the right to share, anything false, or anyone else’s personal information beyond what a festival needs.

8. The software is in beta

We are building this with the festivals and vendors using it. Features change, and things will occasionally be wrong. The software is provided as is, without warranties of any kind, to the extent the law allows. Keep your own records of anything that matters to you — do not rely on this as your only copy.

9. Liability

Nothing here limits liability that cannot be limited by law, including for fraud, or for death or personal injury caused by negligence. Subject to that:

• We are not liable for what a festival or a vendor does or fails to do, for an event being cancelled, changed, rained out or under-attended, or for business you did not win.
• We are not liable for indirect or consequential losses, lost profits, or lost data.
• Our total liability to you for any claim is limited to the greater of the amounts you paid us in the twelve months before the claim, or CAD $100.

10. Suspension and ending your account

You can close your account at any time by contacting us. We may suspend or close an account that breaks these terms, misrepresents who it is, misuses another party’s information, or creates risk for other users. Where we reasonably can, we will tell you why.

Amounts already owed survive the account closing. Some records are kept after closure where we need them for tax, accounting or dispute purposes — see the Privacy Policy.

11. Changes, and the law that applies

We may update these terms. If a change matters, we will say so in the app rather than quietly swapping the page. Continuing to use the service after a change means you accept it.

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, and the courts of Ontario have jurisdiction.

These pages describe how brandactivation.ca actually runs, and they are written to be read rather than to be impressive. They are not legal advice. If you are relying on them for anything that matters, have a lawyer in your province read them first.