TERM
The term of this Parade Participant Agreement begins on the later of the date signed or 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
Parade Participant will 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 Parade Participant, 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 Parade Participant Space Agreement, and the Parade Participants Partnership Level. Parade Participant will comply with Boise Pride’s reasonable requests regarding the use of the Event Marks.
USE OF PARADE PARTICIPANT MARKS:
If requested by Boise Pride, Parade Participant grants to Boise Pride a non-exclusive, royalty-free license to use the Parade Participant marks in camera-ready format (the “Parade Participant 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 Parade Participant 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 Parade Participant 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. Parade Participant’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 @ 9:30AM MTN, 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 the refund to Exhibitor exceed the amount of the fee actually paid. Any refund will process within thirty (30) days.
TERMINATION
Boise Pride reserves the right to accept or reject Parade Participants at its sole discretion. Boise Pride may terminate this Parade Participant Agreement at any time, in which case Parade Participant’s rights to use the Event Marks will terminate immediately, and Boise Pride will refund to Parade Participant any fees paid to Boise Pride less any out of pocket expenses incurred under this Parade Participant Agreement. MISCELLANEOUS This Parade Participant Agreement represents the entire agreement between Boise Pride Festival Inc. (“Boise Pride”) and Parade Participant, and there is no other agreement or warranty between the Parade Participant and Boise Pride. This Parade Participant Agreement establishes a non-exclusive relationship between Parade Participant and Boise Pride, and Boise Pride retains the right to enter into other Parade Participant Agreements at its discretion unless otherwise separately agreed to in Exhibit A. All legal matters pertaining to the 2024 Boise Pride Festival and this Parade Participant 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. Parade Participant 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 Parade Participant Agreement. This Parade Participant 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 Parade Participant Agreement is personal to the parties and neither party may assign it without the prior written consent of the other party.