Long Beach Pride proudly presents the Long Beach Pride Festival. Any reproduction, broadcast, or commercial use of any portion of the event, in whole or in part, in any form without explicit written consent of Long Beach Pride is strictly prohibited.
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 RETURNS WILL 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. No food or drink sales of any kind will be permitted under this application ‘Booth and Vendors’. Long Beach Pride will be the sole distributor of water, ice, alcoholic, carbonated and energy beverages.
9. 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.
10. PRICES. All prices must be legible and posted in a conspicuous manner.
11. 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.”
12. 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.
13. LICENSES.
a. FOR-PROFIT EXHIBITORS. All for-profit exhibitors must purchase a “Business License-Special Event Permit” from the City of Long Beach. This license must be acquired before the festival and may be obtained at City Hall in Long Beach. The “Business License-Special Event” fee is on a per day, per booth
basis. Contact the City Permits department for more information: (562) 570-6211 or visit their Web Site: www.longbeach.gov
b. NON-PROFIT EXHIBITORS. Non-profit exhibitors may be exempt from purchasing a “Business License- Special Event Permit” if they present their IRS Letter of Determination to the City of Long Beach prior to the event. Contact the City Permits department for more information: (562) 570-6211 or visit their Web Site: www.longbeach.gov
*To qualify for non-profit booth rates the vendor must be in possession of an IRS/State of California letter of non-profit determination under section 501(c) of the Internal Revenue Code. A copy of your letter of determination must be submitted with your application. For-profit businesses do not qualify even if all or part of the proceeds will be designated to a qualified non-profit organization.
*If you currently have a business established either profit or non-profit in the City of Long Beach and currently hold a valid business license then purchasing the 2-day Business Permit is not necessary. However, a clean copy of your current Business License and/or Letter of Determination will need to accompany your completed application as well as posted visibly in your assigned booth location.
14. 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.
15. TATOOING AND/OR BODY PIERCING. All vendors providing permanent tattooing and/or body piercing must submit a letter of approval from the Long Beach Health Department and all required permits with the Booth & Vendor application. No genital piercing will be permitted on festival grounds.
16. NO GLASS CONTAINERS. Glass containers are not allowed on festival grounds, including beverage containers. All violators will be removed from the festival grounds.
17. TABLES & CHAIRS. NO tables and chairs are automatically provided. Booth furniture must be ordered. (See Application Form). Removing any chairs or tables or any other equipment from other booths will cause Long Beach Pride to charge you for those items and possibly eject you from the festival.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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
23. 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.
24. 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.
25. 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.
26. 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.
27. 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
28. 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.
