TERM
The term of this Food Vendor Agreement begins on the later of the date signed AND the date payment is received and accepted, and terminates on September 15, 2024. Payment DOES NOT guarantee acceptance. All approved applications will receive confirmation NO LATER than August 13, 2024.
PAYMENT
Food Vendor must include payment with application. All payments must be received before any benefits (i.e., banners, print media, on-site space) can be conveyed, unless otherwise waived by Boise Pride in this agreement.
TRADEMARKS & COPYRIGHTS USE OF EVENT MARKS:
Boise Pride grants Food Vendor, during the Term, a nonexclusive license to use “Boise Pride Festival” and its variations in the same form they are provided by Boise Pride (the “Event Marks”) in connection with the Partner’s 2024 Boise Pride Festival activities in a manner consistent with Boise Pride’s guidelines for use of the Event Marks, this Food Vendor Agreement, and the Food Vendors Partnership Level. Food Vendor will comply with Boise Pride’s reasonable requests regarding the use of the Event Marks.
USE OF FOOD VENDOR MARKS:
If requested by Boise Pride, Food Vendor grants to Boise Pride a non-exclusive, royalty-free license to use the Food Vendor marks in camera-ready format (the “Food Vendor Marks”): (i) during the Term in connection with Boise Pride’s promotional and publicity activities, including print, video, and electronic materials, for 2024 Boise Pride; and (ii) after the Term in reference to Partner’s partnership with the 2024 Boise Pride Festival.
LIABILITY
Neither Boise Pride nor its representatives will be responsible for any injury, loss, harm or damage that may occur to the Food Vendor from any cause whatsoever. Under no circumstances will Boise Pride be liable for lost profits or other special or consequential damage. The foregoing will apply regardless of how any claim is brought or how damages are characterized, including whether brought in contract, tort or otherwise but will not apply to acts of intentional misconduct or negligence.
EVENT CONTENTS
Food Vendor may photograph or otherwise record its presence at the 2024 Boise Pride Festival, but will not otherwise record or reproduce any portion of the 2024 Boise Pride Festival, including the marks or presence of other sponsors/partners, the entertainment, or the attendees, in any format, without Boise Pride’s prior written consent. Food Vendor’s actions to photograph or otherwise record its presence will take place only in the public access areas of the 2024 Boise Pride Festival and may not interfere with the normal operations of the event.
RESCHEDULE OR CANCELLATION
The 2024 Boise Pride Parade is scheduled to take place on Sunday, September 15, 2024 @ 19:30AM MST, and the Festival is scheduled to take place on Saturday, September 14, 2024 @ 11:00A-9:00P and Sunday, September 15, 2024 @ 11:00A-5:00P. Entertainment ONLY is scheduled to take place on Friday, September 13, 2024 @ 6:00P-10:00P. Boise Pride reserves the right to reschedule/modify/cancel the 2024 Boise Pride Festival or any individual events comprising it if necessary for any reason, including: (i) weather; (ii) failure to receive commitments from the necessary number of sponsors/partners; (iii) failure to reach agreement with the applicable authorities on any issue related to the 2024 Boise Pride Festival; or (iv) acts of God or any other cause beyond Boise Pride’s reasonable control, e.g. war, fire, strike, change of law or regulation, public catastrophe. If the Boise Pride Festival and Parade are cancelled in whole, Boise Pride will issue refunds at pro-rata amounts of the total fees received less the expenses incurred by Boise Pride. No further refunds or other amounts will be due from Boise Pride for any reason. In no case will the amount of refund to Exhibitor exceed the amount of the fee actually paid. Any refund will processed within thirty (30) days.
TERMINATION
Boise Pride reserves the right to accept or reject Food Vendors at its sole discretion. Boise Pride may terminate this Food Vendor Agreement at any time, in which case Food Vendor’s rights to use the Event Marks will terminate immediately, and Boise Pride will refund to Food Vendor any fees paid to Boise Pride less any out of pocket expenses incurred under this Food Vendor Agreement.
MISCELLANEOUS
This Food Vendor Agreement represents the entire agreement between Boise Pride Festival Inc. (“Boise Pride”) and Food Vendor, and there is no other agreement or warranty between the Food Vendor and Boise Pride. This Food Vendor Agreement establishes a non-exclusive relationship between Food Vendor and Boise Pride, and Boise Pride retains the right to enter into other Food Vendor Agreements at its discretion unless otherwise separately agreed to in Exhibit A. All legal matters pertaining to the 2024 Boise Pride Festival and this Food Vendor Agreement will be governed by and construed under the laws of the state of Idaho without regard to any provision of Idaho law that would require or permit the application of the substantive law of another jurisdiction. Food Vendor irrevocably consents and submits to the personal jurisdiction of the courts in and for Idaho for any actions arising out of or relating to this Food Vendor Agreement. This Food Vendor Agreement may be executed in multiple counterparts, each of which will be considered an original and all or any one of which constitute one and the same agreement. Email copies will be treated as originals for these purposes. This Food Vendor Agreement is personal to the parties and neither party may assign it without the prior written consent of the other party.
FOOD VENDOR PARTICIAPTION
1. Boise Pride’s mission is to provide unity and celebrate the diversity of sexual orientations and identities in Boise. Please keep that in mind as you select giveaway and for-sale items depending upon your applicable category. Some items will need to be approved. Space is limited and is allocated based on sponsorship level first, years of involvement, not-for-profit allies and for-profit organizations/businesses. Boise Pride reserves the right to limit the number of applicants for any one type of item or Food Vendor and reserves the right to change or substitute spaces. APPLICATION DOES NOT GUARANTEE ACCEPTANCE INTO THE EVENT UNTIL CONFIRMED BY BOISE PRIDE.
2. Food Vendors who are not accepted due to space constraints will receive a refund for all fees paid.
3. Partial refunds will be given PRIOR to July 1st, 2024. Any cancelation AFTER July 1st, 2024 no refund will be permitted. All refund requests must be sent Certified Mail to Boise Pride. Exhibit spaces and paid fees are non-transferrable.
RULES & REGULATIONS
1. Food Vendor space and offerings must be pleasing to the eye, professional and well-maintained.
3. Fun, safe and interactive over-the-top presentations are welcomed and encouraged.
4. Food Vendors must show up at their designated time to set up and stay the entirety of the event on Friday, September 13, 2024 (6:00P-10:00P); Saturday, September 14, 2024 (11:00A-7:00P); Sunday, September 15, 2024 (11:00A-5:00P). Food Vendors are required to be open and staffed during all operating hours on ALL THREE DAYS of the festival.You may leave items in your space overnight as we will have security. However, Boise Pride is not responsible for any lost or stolen items. Exhibit spaces MAY shutter at 9:30PM on Friday, September 13th 2024.
5. If you fail to show up on either day for the Boise Pride Festival or do not remain open during the required time, you may be charged a fee of $200 and will not be able to participate in the festival the following year without prior, written approval.
6. You must provide accurate dimensions with your application of your Food Vendor Space. Your equipment and contents must stay within area. NO EXCEPTIONS. If your footprint required is larger than listed on your application, you may be refused space to participate. Please ensure dimensions are accurate.
7. Tents and canopies must be secured. In accordance with Boise Parks & Recreation rules, tent stakes are NOT ALLOWED for any tent. ABOVE GROUND WEIGHTS (water weights, gym weights, sandbags, etc.) appropriate for tent size are allowed. Failure to comply with this park regulation may result in exclusion from the festival and applicable fees assessed by the City of Boise. Please remember the outside temperature could be cold, hot, windy or rainy so please plan accordingly.
8. Power/extension cords, tents, chairs and tables are NOT PROVIDED. You are responsible for all items needed. Generators must meet requirements of City of Boise including proper fuel transportation and storage.
9. All merchandise and individuals operating your space must be kept within the confines of exhibit space. For safety and crowd control purposes, we request that any individuals associated with your space avoid straying outside your area into pedestrian paths. Additionally, while we welcome members from your team to roam the festival and enjoy the entertainment, you are not permitted to solicit or distribute materials on festival grounds outside your allocated Food vendor space.
10. You are responsible for your space. Setup and tear down are your responsibility. If you pack it in, pack it out. Help keep the park clean and free for all. Excess waste (large cardboard boxes, food waste, etc.) MUST be brought to the open park dumpster located in the street at the south side of the festival grounds. If items are left in your designated area, you will be charged a $150 fee for removal of your items and risk eligibility for future participation.
11. Vehicles are not allowed anywhere on the festival grounds unless self-contained for your business. There will be a designated loading and unloading zone.
12. No glass containers of any kind are allowed.
13. In order to reduce our waste, we strongly discourage sales of single use bottled water. Reusable plastic water bottles or compostable cups are strongly encouraged. A free water-filling station is available to all attendees. Sale of bottled water NOT to exceed $2.00 per bottle.
14. No alcoholic beverages can be served either as samples or for retail sale.
15. No tobacco or related products, paraphernalia, weapons, or knife vendors will be allowed.
16. No open flames.
17. All businesses, individuals, and non-profit organizations must complete and submit an online ST-124 Form (Idaho Sales Tax Declaration for Promoter-Sponsored Events) at http://tax.idaho.gov/i-1030actiona2.cfm?hc=AdFa55cQElcK8Egn. If you are accepted, a link will be emailed to the email address you provide.
18. Food vendor is required to supply a copy of a current and valid Fire Inspection Permit, Food Handlers Permit and Health District Permit.
