TERM
The term of this Exhibit Space 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 5, 2024.
PAYMENT
Exhibitor 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 Exhibitor, 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 Exhibitor Space Agreement, and the Exhibitors Partnership Level. Exhibitor will comply with Boise Pride’s reasonable requests regarding the use of the Event Marks.
USE OF EXHIBITOR MARKS:
If requested by Boise Pride, exhibitor grants to Boise Pride a non-exclusive, royalty-free license to use the Exhibitor marks in camera-ready format (the “Exhibitor 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 Exhibitor 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
Exhibitor 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. Exhibitor’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 Exhibitors at its sole discretion. Boise Pride may terminate this Exhibitor Agreement at any time, in which case Exhibitor’s rights to use the Event Marks will terminate immediately, and Boise Pride will refund to Exhibitor any fees paid to Boise Pride less any out of pocket expenses incurred under this Exhibitor Agreement.
MISCELLANEOUS
This Exhibitor Agreement represents the entire agreement between Boise Pride Festival Inc. (“Boise Pride”) and Exhibitor, and there is no other agreement or warranty between the Exhibitor and Boise Pride. This Exhibitor Agreement establishes a non-exclusive relationship between Exhibitor and Boise Pride, and Boise Pride retains the right to enter into other Exhibitor Agreements at its discretion unless otherwise separately agreed to in Exhibit A. All legal matters pertaining to the 2024 Boise Pride Festival and this Exhibitor 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. Exhibitor 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 Exhibitor Agreement. This Exhibitor 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 Exhibitor Agreement is personal to the parties and neither party may assign it without the prior written consent of the other party.
EXHIBITOR 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 exhibitor and reserves the right to change or substitute spaces. APPLICATION DOES NOT GUARANTEE ACCEPTANCE INTO THE EVENT UNTIL CONFIRMED BY BOISE PRIDE.
2. Exhibitors 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.