*** Water Sales are PROHIBITED***
Please provide the following additional/special electrical service to our assigned space. I/We also understand that this service will be maintained during the festival including set-up and tear-down. I/We further understand that the additional/special electrical service will only be provided if all related fees are submitted with this completed application.
Long Beach Pride reserves the right to refuse anyone participation at this event and does not guarantee your financial success at this event.
By signing and submitting the attached application, you (hereinafter referred to as “EXHIBITOR” or “VENDOR”) agree to comply with the following terms and conditions. Violations of these terms and conditions can be cause for removal from festival grounds without refund and violators may be excluded from future participation.
NO FAXED OR INCOMPLETE APPLICATIONS WILL BE ACCEPTED.
All fees must accompany the application. Applications must be emailed or postmarked by April 10, 2020 in order to avoid late fees. (Checks for emailed applications must be postmarked by April 10, 2020.)
1. PAYMENT. All paid booth fees are non-refundable unless a written notice of cancellation is received by April 10, 2020. NO REFUNDS or DEPOSIT RETURNSWILL BE GIVEN AFTER THE APRIL 10, 2020 DEADLINE. a. Late Fees: A late fee of $300 will apply for applications received April 10, 2020 – April 23, 2020. No applications will be accepted on April 24, 2020. After April 24, 2020 a late fee of $400 will be required.
2. FESTIVAL DATES AND HOURS OF OPERATION. All vendors are required to arrive prior to 9:30 am and parked in their designated parking spaces by 10 am. All vendors are required to be open for service by 10:30 a.m. on Saturday and Sunday. Festival open hours are 11 a.m. to 10 p.m. both days. Vendors must remain open both days until the festival closes at 10:00 p.m. All vendors are required to vacate the festival grounds by Midnight on Sunday. Violators may be excluded from future participation.
3. FESTIVAL VEHICLE ACCESS. Under no circumstances will vehicles be allowed in and out privileges to the festival grounds during festival hours. Should you require replenishment of your supplies during the festival hours you must provide your own means of transport (i.e. dolly, wagon or by foot) absolutely no motorized vehicles will be permitted. All vehicles allowed on festival grounds (as part of the exhibit) MUST wait for festival security permission before moving after festival closing on Sunday. This is a safety concern, vehicles in violation will have Compliance Deposits or Future Participation withheld.
4. PARKING CITATIONS: Long Beach Pride will not under any circumstances reimburse vendors for parking citations they receive during the festival. It is the vendor’s responsibility to adhere to all signs posted and to park in assigned vendor parking areas. Vendor’s may not park their trucks or vehicles in areas designated for Fire or Emergency access.
5. BOOTH USE AND EQUIPMENT.
a. Your booth space will be inspected after the festival. Future participation can be withheld if your booth is not returned in the same condition it was received, including but not limited to excess trash, damage to or missing equipment ( lights, tents, etc).
b. All business must be conducted within your designated space. Distribution or solicitation of materials or services of any items outside your designated space are strictly prohibited. All violators will IMMEDIATELY be removed from the festival grounds.
c. Booths are to be used only for the purpose stated on the application. Only items listed on the application and approved by Long Beach Pride are to be sold or distributed.
d. NO Plastic Bags. In accordance with the city of Long Beach’s ban on plastic bags, plastic bags are prohibited from being used at Long Beach Pride. Biodegradable certified compostable bags, paper bags made with a minimum 40% post- consumer recycle content or reusable bags may be used.
e. No Third Party Sponsorships. Signature of this application affirms that the Exhibitor/Vendor is not sponsored by and will not display or distribute logos, trademarks, identifiable slogans, products, advertising, or promotional materials from any third party organizations or business and does not represent or is not itself a franchise holder of a retail or wholesale chain corporation. Third parties, i.e. someone other than the named Exhibitor/Vendor may sponsor or participate with you only with the express written consent from Long Beach Pride and such consent is in the sole and absolute discretion of Long Beach Pride.
6. NO SOLICITATION. Distribution of any materials or solicitation of any type while moving through the festival grounds is strictly prohibited.
7. NO PETS. No animals are allowed (except licensed guide/service animals with proper government issued licenses).
8. SALE OF FOOD/DRINKS. Food vendors, will NOT be allowed to sell name brand carbonated beverages (Coke, Pepsi, 7-Up, Sprite, etc.) or energy drinks (Monster, Red Bull, etc.). Long Beach Pride will be the sole distributor of water, ice, alcoholic, carbonated and energy beverages.
9. FOOD ITEMS. There will be a limited number of "same kind" food vendors. All vendors must submit a list of primary food items.
10. TAXES. All vendors are responsible for all appropriate taxes and fees due to the State of California. All for-profit vendors must submit a copy of their current California State Board of Equalization SELLER’S PERMIT with resale number with their application. Long Beach Pride is required to submit a list of all participating vendors to the State Franchise Tax Board.
11. PRICES. All prices must be legible and posted in a conspicuous manner.
12. LIMITATION OF LIABILITY, INDEMNITY AND RELEASE.
a. Neither Long Beach Pride nor any of its officers, agents, volunteers, employees, independent contractors or other representatives shall be held liable for, and they are expressly released from, liability for any damage, loss, harm or injury to the person or property of exhibitor or any of its officers, agents, volunteers, employees, independent contractors or other representatives, resulting from theft, fire, water, accident or any other cause.
b. Exhibitor shall indemnify, defend and hold harmless Long Beach Pride and any of its officers, agents, volunteers, employees, independent contractors or other representatives (i) from and against any and all claims arising from any acts, failures to act, or negligence of exhibitor or any of its officers, agents, volunteers, employees, independent contractors or other representatives, (ii) from and against any and all claims arising from the breach of, or default in the performance of any obligation on exhibitor’s part to be performed under, these terms and conditions, and (iii) from and against all costs, attorney’s fees, expenses, and liabilities incurred in the defense of any such claim or any action.
c. All of exhibitor’s displays, products, equipment, furniture and furnishings are placed on the festival grounds at the sole risk of the exhibitor. Long Beach Pride will not assume any responsibility for the loss or damage to the exhibitor’s property. Long Beach Pride shall not be liable for any damage occasioned by failure to maintain the festival grounds.
d. Under no circumstances shall Long Beach Pride be liable for consequential, indirect, special or punitive damages of any kind, whether foreseeable or unforeseeable, whether based upon lost goodwill, lost profits, loss of use of the booth, or otherwise, and whether arising out of breach of any express or implied warranty, breach of contract, negligence, misrepresentation, strict liability, or otherwise.
e. Exhibitor hereby agrees that Long Beach Pride shall not be liable for any injury to exhibitor, and any of its officers, agents, volunteers, employees, independent contractors or other representatives (collectively, “Releaser”), or any loss of income there from. Releaser hereby waives its rights under California Civil Code §1542, which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
13. LIABILITY INSURANCE. All vendors must have liability insurance. A copy of your General Liability Certificate of Insurance, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 general aggregate limit, must be provided with your application naming Long Beach Pride and the City of Long Beach both as additionally insured. This insurance shall protect insureds from claims for bodily injury and property damage, including coverage for personal injury, contractual, and operation of mobile equipment and products. In addition, your Certificate of Insurance must cover the event dates of the festival. If you do not have liability insurance, please fill out the online application located at www.casswood.com.
14. LICENSES. All food vendors must obtain a "Business License-Special Event Permit" and a Health Department permit from the City of Long Beach are required. These licenses must be acquired before the festival and copies available in your booth for inspectors AND emailed to email@example.com. They may be obtained online at www.longbeach.gov or at Long Beach City Hall. Business Permit: (562) 570-6211 Health Department Permit: (562) 570-4132
15. VENDOR PACKAGES. Vendor packages will be available for pickup at the Long Beach Pride Office beginning May 1, 2020, by appointment. Out of State Vendors may have packages picked up by an appointed local representative. Your vendor package will include your assigned booth space location, parking pass and vendor I.D. bands. Each vendor I.D. band is good for festival admittance for one person per day. ALL VENDOR PERSONS ENTERING THE FESTIVAL MUST BE WEARING A VENDOR I.D. BAND.
16. FOOD, HEALTH AND SAFETY PERMITS AND COMPLIANCE.
a. All food vendors must obtain a health permit from the City of Long Beach Health Department and must comply with all applicable City of Long Beach Health Department guidelines and regulations.
b. Long Beach Pride will not refund any booth fees nor be held liable for any losses incurred in the event your food booth is forced to be closed down due to the lack of the proper permits.
c. City of Long Beach Health Department regulations require that all food be prepared on the festival grounds unless you possess a special food catering license issued through the City of Long Beach.
d. All cooking and electrical appliances must conform to the Uniform Fire Code of the City of Long Beach Fire Department.
e. All food vendors using heat and/or open flame must provide the following: i. Fans for smoke control.
ii. Fireproof containers for the disposal of ashes.
iii. One fire extinguisher, type A or B, mounted in a conspicuous place.
f. All Containers of butane or fuel must be secured in a safe area.
g. All Food Vendors must provide all water needed for cooking. Sink water is NON POTABLE using such water for cooking or consumption can and will result in your booth being closed by the health department Hot & Cold running water is provided for CLEANING. All food vendors are responsible for providing appropriate cleaning materials.
h. The use of microwave ovens is strictly prohibited.
i. Booths operating on grass or dirt must use plastic or vinyl tarp or other cleanable material for a floor surface.
j. All food items must be stored within your allotted booth space and off the ground.
k. All food waste must be disposed of in the large dumpsters provided. Disposal of food waste in the standard trash receptacles on the festival grounds is strictly prohibited.
l. It is the responsibility of the food vendor to control all drainage and/or condensation. You will be held liable for any sink drain damages that occur.
m. Electrical service will not be provided overnight during non-festival hours; should you require electrical service on a continuous basis during non-festival hours you must complete the 'Additional/Special Electrical' portion of the application and remit the required fees at the same time you submit your application and booth fees.
17. CONDUCT. All exhibitors and all of their representatives shall conduct themselves at all times in accordance with normal standards of decorum, and good taste. Long Beach Pride reserves the right to eject from the festival grounds anyone violating those standards. Offensive and potentially offensive material will not be permitted to be sold, distributed or displayed at any time during the Long Beach Pride festival. Do not hesitate to call our office at (562) 987-9191 should you have any questions.
18. RIGHT OF PUBLICITY. All exhibitors and all of their representatives give Long Beach Pride or its designee’s permission to use their voice, image or likeness as it appears in any photographic or audio recording in any manner, throughout the universe and in all media, in perpetuity.
19. NOISE CONTROL. Long Beach Pride reserves the right to monitor or prohibit the use of any electronic equipment or machinery that it determines, in its sole discretion, is detracting from other booths or exhibits.
20. BOOTH MUSIC. Live or taped music is prohibited as part of an exhibit or display without written permission from an appropriate music-licensing source. Exhibitor agrees to obtain such written permission. Evidence of such an agreement must be available for LONG BEACH PRIDE upon request. In the event written confirmation cannot be documented the exhibitor agrees to cease playing the music.
21. LOTTERIES/CONTESTS. The operation of games of chance, or lottery devices, or the actual or simulated pursuit of any recreational pastime is permitted only to the extent permitted by applicable law and on written approval from Long Beach Pride
22. ASSIGNMENT. An exhibitor shall not assign to a third party its rights hereunder to the booth or any portion thereof without the written consent of Long Beach Pride which consent Long Beach Pride may withhold in its sole discretion. If such consent is given, the exhibitor shall assume full responsibility for the conduct of the assignee.
23. ENTIRE AGREEMENT. These terms and conditions and application, if accepted by Long Beach Pride, is the entire agreement between the parties, and supersedes and rescinds all prior agreement(s) relating to the subject matter hereof. Long Beach Pride is not making any warranties or agreements except as set forth herein.
24. AMENDMENTS/INTERPRETATION. Any amendment to this contract must be in writing signed by both parties. The headings used in this agreement are for organizational purposes only and are not to be used in the interpretation of the substance of this agreement. These terms and conditions shall be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted.
25. GOVERNING LAW/JURISDICTION. Each exhibitor waives any objection to jurisdiction of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction. These terms and conditions shall be governed by and construed according to the laws of the State of California, to the jurisdiction of which the parties hereto submit.
26. SEVERABILITY/WAIVER. The invalidity of any term and condition, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. To the extent any provision of this agreement is not enforceable under applicable law, such provision shall be deemed null and void and shall have no effect on the remaining portions of this agreement. The rights of Long Beach Pride under this agreement shall not be deemed waived except as specifically stated in writing and signed by an officer of Long Beach Pride
27. ARBITRATION. Any controversy or claim arising out of or relating to these terms and conditions, or the breach hereof, shall be settled in accordance with the Commercial Arbitration Rules of the American Arbitration Association. If a dispute arises out of or related to this contract, or the breach thereof, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association before resorting to arbitration. All claims relating to this Agreement shall be arbitrated. The Arbitrators may not award any remedy that a court could not award. The Arbitrators shall apply the law of the State of California.