2010 Festival Vendor Terms and Conditions
BY PURCHASING A VENDOR/EXHIBITOR PACKAGE, VENDOR AGREES TO ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
By purchasing a Vendor/Exhibitor Package, as the purchaser I do hereby affirm I am authorized to execute the following Contract between the organization declared in the “Organization/Business Name” field of the application, hereafter known as “VENDOR” and Capital Pride Alliance (”Agent”) of the 2010 Capital Pride Festival (”Festival”). This Contract is with reference to the application for Vendor/Exhibitor booth space on Sunday, June 13, 2010, at Festival Site (Pennsylvania Ave., NW between 3rd and 7th Sts and Constitution Ave., NW). This Contract forms part of the Agreement for Vendor/Exhibitor booth space made between the Agents and the Vendor and may be amended as necessary by the Agents, by written notification to the Vendor.
Important:
Please review all requirements and provisions related to booth space. Failure to provide strict compliance with all provisions, and all applicable District of Columbia government regulations and requirements, will result in denial of access to booth space and forfeiture of all applicable fees, and may result in reimbursement to the Agents of government-imposed fines and penalties.
1. The Agents reserve the right to be the sole provider of all beverages of any kind. No beverage of any kind, including, but not limited to, water (bottled or any other kind), soft drinks or sodas, juices, smoothies, alcoholic beverages may be sold (or otherwise distributed) by any Vendor. No beverages of any kind, beverage containers (including, but not limited to, cups or other personal containers), ice coolers, ice, glass bottles, cans, or any other related materials may be sold (or otherwise distributed) or brought on site by any Vendor, including, but not limited to, for the purpose of sale, distribution, or personal use by the Vendor, their agents or representatives.
2. Vendors must submit a signed Application Form, this executed Contract, and full payment of all fees in order to reserve booth space. The date of full compliance with all application requirements shall constitute the application date in determining booth space fees (see Application Form).
3. All LOCALLY BASED Vendors must attend an orientation meeting to discuss site rules and regulations, District of Columbia and other governmental requirements and restrictions, in order to be approved for final permission to be granted booth space the day of the Festival (date and location to be announced-this meeting is usually scheduled a few days prior to the Festival). Vendor applicants located outside of the Washington metropolitan area will receive the meeting agenda via email / fax / mail to meet this requirement. Failure to comply with this requirement will result in the non-refundable cancellation of Vendor’s Application
4. Vendor fees for approved applications are non-refundable. There is no “rain date” should the Festival be canceled or shortened due to inclement weather, and no Vendor fees are refundable in the event of cancellation due to inclement weather or other acts of nature.
5. Assignment of booth space and booth space location is at the sole discretion of the Agent. Should conditions dictate, the Agent reserve the right to reassign booth space and/or relocate booth space as necessary.
6. All Commercial / Non-Profit booths are approximately 80 square feet. Requests for adjoining booth space must be made and paid for at the same time. Due to District of Columbia regulations and restrictions, Vendors may not utilize, bring on-site, construct, or otherwise provide any structure other than that provided by the Agents; please direct any inquiries regarding this requirement to the Agents. Vendors may not apply or attach anything to the sides or roof of the tents. All signage must be hung from the poles.
7. Only Vendors applying for “Commercial - Food Sales” booth space may sell (or otherwise distribute) food or food products of any kind. Food & Beverage vendors must contact Capital Pride at 202-719-5304 or info@capitalpride.org.
8. Vendor shall comply with and ensure that its employees and agents comply with all legal requirements imposed by any government agency, including, but not limited to, all District of Columbia health, food and safety regulations, Federal and District of Columbia licensing and tax regulations, and all applicable site regulations related to the use of public space in the District of Columbia.
9. Vendor shall be liable for reimbursement to the Agents for the cost of any fines or other liabilities incurred by the Agents due to the failure of the Vendor to comply with all applicable government regulations, tax regulations, licensing requirements, public safety regulations, or any other applicable regulations.
10. The District of Columbia will be enforcing collection of D.C. Sales Tax on all items and goods sold by Vendors, including, but not limited to, sales by Non-Profit Vendors. All Vendors, whether or not conducting sales or accepting contributions, will be required to complete and sign an official sales report and will be required to pay directly to the District of Columbia the total amount of applicable sales tax due. The total amount of any contributions not related to the sale of goods, products, services, or any other such sale items, and not subject to D.C. Sales Tax, must also be included on the official sales report. Any Vendor not complying with this provision will be reported to the District of Columbia Department of Finance and Revenue and any other appropriate agencies as failing to comply with the collection of D.C. Sales Tax and as being potentially delinquent in the payment of applicable fees. DC Tax forms will be distributed upon arrival Sunday, June 13, 2010 - it is your responsibility to complete and submit these tax forms post event.
11. To the full extent permitted by law, the Agents shall not in any manner or for any cause be liable or responsible to any Vendor or any other person for any injury or damage to any person, business or property in any way related to or arising in connection with the Festival; and, any and all claims for such injuries or damages are hereby waived and Vendor agrees to indemnify and hold harmless the Agents and its directors, officers, volunteers, and agents (the “Indemnified Parties”) against any and all claims, liabilities, losses and expenses, including reasonable attorney’s fees, imposed on, incurred by or asserted against the Indemnified Parties caused by any act or omission of Vendor, or occurring within the booth space leased by Vendor or arising in connection with the activities conducted by Vendor in connection with the Festival.
12. The Agents reserve the right to determine eligibility of any application for booth space.
13. Vendors shall not place in the booth space any apparatus or goods that shall in any manner be objectionable, or that shall in any manner be dangerous. The Agents reserve the sole right to determine whether such apparatus or goods are inconsistent with this provision and may require their immediate removal.
14. The Agents reserve the right to prohibit the display of any signage, article, or product that, in its opinion, is not in keeping with the nature and character of the Festival, or not in harmony with other booth spaces.
15. No Vendor shall operate amplification equipment or voice or audio reproducing machines of any type. The Agents have the sole authority to require the immediate removal of any such equipment.
16. Booth spaces will be staffed and operated in a professional and courteous manner at all times. The Agents reserve the sole right to determine compliance with this provision, and have the right to order the immediate cessation of any activity in violation of this requirement.
17. In the event that the premises or booth spaces are destroyed or damaged by fire, or unavailable due to circumstances beyond the control of the Agents, Vendor shall have no cause of action or claim for damages or compensation against the Agents except for the return of any amount previously paid, and in such an event, this agreement shall be terminated.
18. Vendor shall have the right, subject to the provisions herein contained, to arrange materials and goods within the booth space allotted to them in the manner best suited for displaying and demonstrating their goods and services. No part of an exhibit shall extend outside of the booth space, or interfere with adjoining booths. No signage, flyers, or promotional materials of any kind may be posted in or on locations outside of the allotted space within the perimeter of the Festival area, without prior written permission by the Agents.
19. The Vendor shall, at Vendor’s own expense, provide insurance of property against fire, theft, vandalism, or destruction by any cause, and provide the Agents with a copy of the policy. The Agents shall in no way be liable for Vendor failure to obtain proper insurance. Vendor agrees to indemnify and hold harmless the Capital Pride Alliance, Inc. and its Agents for any such failure to obtain insurance.
20. Vendor must “load-in” and complete all set-up of booth space between 8:00 and 10:00 am. Failure to comply with this provision may result in denial of access to booth space and the forfeiture of applicable fees. All vehicles must be removed from the Festival Site no later than 10:00 am.
21. Within a maximum of two hours of the closure of the Festival, Vendor shall have removed all property, goods and materials brought into the Festival area, and shall leave said space both broom clean and free from all rubbish. All rubbish must be properly disposed of according to Festival Site guidelines.
22. Vendor shall “load-in” all property, goods and materials during the designated set-up period only. No “load-ins” may occur after the close of this period without the written consent of the Agents.
23. Vendor shall be prohibited from removing property, goods, and services during the operating hours of the Festival, without the written consent of the Agents.
24. Vendor shall not assign or sublet any of the booth space(s) granted to them as set forth herein, without the prior written consent of the Agents.
25. Vendor shall install materials in such a manner as not to cause damage to the booth space, any other booth space(s), or to the Festival grounds. Any such damage and subsequent liability incurred by the Agents, or resulting government fines, shall be paid by Vendor or reimbursed to the Agents.
26. Vendor must make provisions for the safeguarding of goods, materials, equipment and displays at all times. The Agents do not guarantee or protect exhibitors against loss or damage of any kind. The Agents shall in no way be liable for Vendor failure to make provisions for the safeguarding of such items, and Vendor agrees to indemnify and hold harmless the Agents for any such failure to make such provisions.
27. The officially designated Festival logos are Festival trademarks, and as such may only be used for commercial purposes by the Agents. Other individuals or entities wishing to use these identifying names and/or logos must obtain written permission in advance of use from the Agents.
28. The Agents reserve the right to be the sole vendor of merchandise displaying artwork or wording in reference to Capital Pride events and activities. As such, Applications from Vendors wishing to sell commemorative or other products, merchandise and/or other applications containing these marks or words will not be approved for participation as Vendors. The display or sale of such products or merchandise is expressly prohibited on the entire Festival grounds.
29. Any Vendor to hold drawings, raffles, or other similar activities (”drawing”), must advise the Agents of its intent in writing at least thirty days prior to the Festival. Vendor must identify all applicable local, state, and federal rules, laws and regulations and indicate and offer proof of Vendor compliance with such. The awarding of prizes or similar materials, products, merchandise, services or similar benefits (”prizes”) shall be the sole responsibility of the Vendor and the Agents shall not be liable or responsible for Vendor’s failure to properly conduct the drawing or distribute prizes. Vendor assumes full responsibility for compliance with all applicable rules and regulations.
30. Failure by Vendor to observe these provisions, applicable District of Columbia and federal government agency rules and regulations, and other applicable rules, restrictions and/or regulations will result in denial of access to booth space, the cancellation of approval for booth space, forfeiture of all applicable fees, and may result in reimbursement of government-imposed fines and penalties incurred by the Agents.
31. All vendors will enter and exit the site via 7th Street NW (North or South). At the end of the Festival, vehicles will only be allowed on site as per the Safety & Security Committee - NO EXCEPTIONS!
32. A major credit card will be required to secure your tables and chairs upon arrival. The credit card information will be returned upon return of tables and chairs. If tables and chairs are not returned, your credit card will be charged $125.00 for each table and $25.00 for each chair.
33. Altering of the original text of this contract in any way will cause it to be rejected.
34. Commercial and / or Non-Profit Vendors are NOT permitted to bring generators of any type.
BY PURCHASING A VENDOR/EXHIBITOR PACKAGE, I DO HEREBY AFFIRM THAT I UNDERSTAND, ACCEPT, AND WILL ABIDE BY ALL TERMS AND CONDITIONS OF THIS CONTRACT. I UNDERSTAND THIS IS AN ELECTRONIC TRANSACTION, AND THAT BY PURCHASING THE PACKAGE AND MAKING APPLICATION FOR THE PACKAGE, I AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS CONTRACT.
