TERMS & CONDITIONS
1. MISSION: Applicant understands that the mission of the Host is to empower the divers LGBTQ community of North County, and agrees to do nothing to defeat this purpose during the term of this LICENSE TO OCCUPY.
2. MEDIA RIGHTS: Any reproduction, broadcast, or commercial use of any portion of the event, in any form without explicit written consent of the Host is strictly prohibited. The Host may, at its discretion, film, photocopy, or tape any and all portions of the event for commercial use.
3. PRIDE LOGO/MARKS: The use of any items containing any part of the event title and date, or the words Pride by the Beach is strictly prohibited (unless a Licensing Agreement has been approved, signed and additional fee has been paid).
4. INDEPENDENT CONTRACTING: It is understood that the Vendor is an independent contractor, not an employee of the Host. Nothing herein shall be construed to make a partnership, agency, or joint venture between the Vendor and the Host.
5. RENTED SPACE: All business or other activity must be conducted within the rented space only!
6. ADULT-ORIENTED MATERIALS: Due to the “family” nature of the event, all adult-oriented materials such as videos, adult toys, pictures with nudity, porn sites, etc. must be displayed away from street view. Please notify the North County LGBTQ Resource Center or Pride by the Beach if such materials are to be part of your booth.
7. SOUND SYSTEMS: The host requires no amplified music.
8. BALLOONS AND INFLATABLES: All balloons and inflatables are prohibited.
9. NUDITY: The Host reserve the right to limit public display of any form of nudity. At its sole discretion, the Host may limit public display of nudity that may interfere with peoples use and enjoyment of use and space.
10. ALCOHOL: Alcohol beverage sales are strictly prohibited. Sale or giving away of alcoholic beverages is strictly prohibited. Consumption of alcoholic beverages by vendors at their booth is grounds for immediate expulsion and/or exclusion from future events.
11. BEVERAGE SALES: Food truck vendors reserve the right to sell spring water, energy drinks, and carbonated beverages (soda and water). If you wish to be classified as a Food Truck Vendor, please contact the Host to discuss the terms, and submit the appropriate agreement.
12. TRASH: Vendors must provide trash receptacles for waster generated by their booth and clean all debris from all booth space. Trash dumpster use is at the sole discretion of the Host.
13. INDEMNIFICATION: Vendor covenants that it will protect, hold harmless and indemnify the Host, City of Oceanside, County of San Diego, and its sponsors, officers, agents and employees from any and all claims of liability for losses, injury and damages of any type arising out of or resulting in connection with the Vendor’s work, activities or participation in the Pride by the Beach event.
a. The North County LGBTQ Resource Center, Pride by the Beach, City of Oceanside, County of San Diego, and Sponsors are not liable for lost, damaged or stolen vendor property.
b. In the event of litigation, costs and attorney fees go to the prevailing party.
14. WORKERS COMPENSATION: Vendor is responsible for workers compensation coverage for your staff. The Host do not carry Workers Compensation Insurance for your crew.
15. INSURANCE: All vendors take responsibility for any damage, loss of property, or injury incurred by or to the vendor and/or vendor’s employees for the duration of this event including setup and dismantling of booth. Host will not be held responsible or liable and it is understood that the vendor should carry general liability insurance for the duration of the event, including setup and dismantle time.
16. SELLER’S PERMIT: You must have a Seller’s permit if you are engaged in business in California and intend to sell items that would ordinarily be subject to sales tax if sold at retail. If you should have a seller’s permit and do not have one, please contact the appropriate authorities.
17. SECURITY: The Host provide limited security from a private third party security company for the day of the event for the hours of event only.
18. ELECTRICITY: Electricity is NOT provided. Vendor must provide their own generator.
19. REFUND/CANCELLATION POLICY: All fees are final and NON-REFUNDABLE. In the event of a catastrophic event, i.e. earthquake, tsunami, etc., refunds will be provided at earliest possible time.
20. PROMISE OF PROFIT: The Host is planning for what we hope will be a successful event. We hope that it will be fun and profitable for the Vendors, however, we cannot and do not guarantee your sales or profit.
21. NON-DISCRIMINATION: The Host are proud to do business with entities that do not discriminate on the basis of sexual orientation, gender identity, HIV status, sex, race, color, religious creed, marital status, ancestry, national origin, medical condition, pregnancy, disability, or age.
22. FINAL AGREEMENT: This agreement is the final writing and supersedes any prior negotiations.