COME OUT WITH PRIDE EXHIBITOR AGREEMENT

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COME OUT WITH PRIDE EXHIBITOR AGREEMENT Exhibitor agrees to use and occupy said space at the rental provided and for the purposes of exhibiting products or services, subject to the conditions set forth herein. CANCELLATIONS AND REFUNDS: Except as expressly set forth in this paragraph, COWP shall make no refunds of monies paid for rental of the exposition space listed on the first page of this agreement. 1) If the application for exhibition space is denied for any reason, or no reason, the application fee will be refunded. 2) If the COWP Event (includes either/or the vendor exposition and/or the Parade) is canceled by reason of an Act of God, catastrophe, or other occurrence beyond the control of COWP, and rescheduled for another date within 60 days of the original date exhibitor shall receive a credit towards participation at the future event. If the Expo is cancelled and cannot be rescheduled within the 60 days, exhibitor shall be refunded that portion of its payment which has been made for the Expo. PRODUCTS DISPLAYED: Products or services exhibited must be used by or related to LGBT interests. All exhibitors shall submit a list of merchandise, products, and services they intend to exhibit with their application. Only items approved will be allowed to be displayed. The right to refuse participation to any applicant, for any reason, is at the sole discretion of COWP. COWP reserves the right to prohibit signs, banners or groups marketing or promoting illegal, obscene or pornographic items. Participants are prohibited from selling/dispensing any items(s) bearing any marking, slogan, reference or image related to Come Out with Pride Orlando® (unless a COWP licensing agreement is obtained). SPACE ASSIGNMENT: All or any of the space herein above designated is subject to reassignment and rearrangement by COWP management, and any proposed/advanced layout does not constitute a binding obligation to place an exhibitor in any particular space. Spaces may not be exchanged with other exhibitors. USE OF SPACE, SUBLETTING OF SPACE: No exhibitor shall assign, sublet or share the space allotted with another business or firm, unless approval has been obtained in writing from COWP. Exhibitors are not permitted to feature names or advertisements of non-exhibiting manufacturers, distributors or agents in the exhibitor’s display, parent or subsidiary companies excepted. Exhibitors are responsible for all equipment necessary to set up their display area. Tents, tables and chairs are available for an extra fee, contact COWP prior to the event for pricing and reservations, limited supplies available. SPECIAL NEEDS: Drayage (materials receiving, storage and delivery), electrical, phone lines, etc..are not included in the participant fee. These and any other special needs must be coordinated directly with COWP staff prior to the event. Exhibitor agrees that COWP is not responsible for damaged or missing materials. EXHIBITOR REPRESENTATION: Exhibitor agrees to appoint a duly authorized representative to have responsibility for and be in attendance at its exhibit during the COWP Expo hours. Each exhibitor agrees to keep an attendant in his/her/its display during the open hours of the Expo. All participants must meet and adhere to certain standards, rules or regulations set or adopted by the City of Orlando. TABLE TOP & EXHIBIT LOCATIONS & RESTRICTIONS: Display and/or storage for Table Top & exhibitors is limited to the within the 10X10 space assigned. There is no spillover area. No private sound system is allowed from your exhibition space unless approval is given by COWP in advance. Promotional giveaways must be approved in advance by COWP. No food or beverage (of any kind) giveaway is permitted, including the distribution of items or literature in the walkways. SET-UP & BREAKDOWN DEADLINE: All work involved in the set-up and preparation of an exhibit booth must be completed between 9 AM and 11 AM, prior to the official opening of the COWP Expo, unless special instructions have been provided. For safety and esthetic reasons, no breakdown will be allowed prior to the times listed in your final instructions (generally 1.5 hours prior to closing). Any vendor breaking down prior to listed time will not be permitted to leave and will not be re-invited the following year. EXHIBITOR ROOMS/PARKING: There is no hospitality room for exhibitors. Exhibitors are recommended to bring their own refreshments for their staff unless they purchase VIP tickets. There is

Transcript of COME OUT WITH PRIDE EXHIBITOR AGREEMENT

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Exhibitor agrees to use and occupy said space at the rental provided and for the purposes of exhibiting products or services, subject to the conditions set forth herein.

CANCELLATIONS AND REFUNDS: Except as expressly set forth in this paragraph, COWP shall make no refunds of monies paid for rental of the exposition space listed on the first page of this agreement.

1) If the application for exhibition space is

denied for any reason, or no reason, the application fee will be refunded.

2) If the COWP Event (includes either/or the

vendor exposition and/or the Parade) is canceled by reason of an Act of God, catastrophe, or other occurrence beyond the control of COWP, and rescheduled for another date within 60 days of the original date exhibitor shall receive a credit towards participation at the future event. If the Expo is cancelled and cannot be rescheduled within the 60 days, exhibitor shall be refunded that portion of its payment which has been made for the Expo.

PRODUCTS DISPLAYED: Products or services exhibited must be used by or related to LGBT interests. All exhibitors shall submit a list of merchandise, products, and services they intend to exhibit with their application. Only items approved will be allowed to be displayed.

The right to refuse participation to any applicant, for any reason, is at the sole discretion of COWP.

COWP reserves the right to prohibit signs, banners or groups marketing or promoting illegal, obscene or pornographic items.

Participants are prohibited from selling/dispensing any items(s) bearing any marking, slogan, reference or image related to Come Out with Pride Orlando® (unless a COWP licensing agreement is obtained).

SPACE ASSIGNMENT: All or any of the space herein above designated is subject to reassignment and rearrangement by COWP management, and any proposed/advanced layout does not constitute a binding obligation to place an exhibitor in any particular space. Spaces may not be exchanged with other exhibitors.

USE OF SPACE, SUBLETTING OF SPACE: No exhibitor shall assign, sublet or share the space

allotted with another business or firm, unless approval has been obtained in writing from COWP. Exhibitors are not permitted to feature names or advertisements of non-exhibiting manufacturers, distributors or agents in the exhibitor’s display, parent or subsidiary companies excepted.

Exhibitors are responsible for all equipment necessary to set up their display area. Tents, tables and chairs are available for an extra fee, contact COWP prior to the event for pricing and reservations, limited supplies available.

SPECIAL NEEDS: Drayage (materials receiving, storage and delivery), electrical, phone lines, etc..are not included in the participant fee. These and any other special needs must be coordinated directly with COWP staff prior to the event. Exhibitor agrees that COWP is not responsible for damaged or missing materials.

EXHIBITOR REPRESENTATION: Exhibitor agrees to appoint a duly authorized representative to have responsibility for and be in attendance at its exhibit during the COWP Expo hours. Each exhibitor agrees to keep an attendant in his/her/its display during the open hours of the Expo. All participants must meet and adhere to certain standards, rules or regulations set or adopted by the City of Orlando.

TABLE TOP & EXHIBIT LOCATIONS & RESTRICTIONS: Display and/or storage for Table Top & exhibitors is limited to the within the 10X10 space assigned. There is no spillover area. No private sound system is allowed from your exhibition space unless approval is given by COWP in advance. Promotional giveaways must be approved in advance by COWP. No food or beverage (of any kind) giveaway is permitted, including the distribution of items or literature in the walkways.

SET-UP & BREAKDOWN DEADLINE: All work involved in the set-up and preparation of an exhibit booth must be completed between 9 AM and 11 AM, prior to the official opening of the COWP Expo, unless special instructions have been provided. For safety and esthetic reasons, no breakdown will be allowed prior to the times listed in your final instructions (generally 1.5 hours prior to closing). Any vendor breaking down prior to listed time will not be permitted to leave and will not be re-invited the following year.

EXHIBITOR ROOMS/PARKING: There is no hospitality room for exhibitors. Exhibitors are recommended to bring their own refreshments for their staff unless they purchase VIP tickets. There is

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no reserved parking for exhibitors, therefore, it is advised to carpool as much as possible since parking at Lake Eola may be limited.

MANAGEMENT LIABILITY: Neither COWP not its Board of Directors or Production Committee, the City of Orlando, their agents or employees, shall be liable for any damage to property or loss of business to exhibitors or any person using its allocated space or for the loss by theft or other means of any product or personal property.

INDEMNIFICATION: Exhibitor on behalf of itself and its employees, agents, servants, customers and guests will protect, indemnify and save harmless COWP, City of Orlando and their agents or employees, against and from any penalty or damage imposed for any violation of any laws or ordinances occasioned, caused or contributed to by any willful or negligent act of exhibitor, their employees, agents, or servants. Exhibitor on behalf of itself, its employees, agents, servants, customers and guests, will at all times protect, indemnify and save harmless COWP, the City of Orlando and their respective agents against any and all loss, claim, liability, damage or expense arising out of or from any accident or other occurrence in connection with the use or occupation by exhibitor of said space, causing injury to any person or property whomsoever, occasioned, caused or contributed to by any willful or negligent act of exhibitor, their employees, agents or servants.

INSURANCE: Exhibitors must provide proof of general liability insurance and include Come Out With Pride, Inc and the City of Orlando as additional insured’s, unless waived by COWP.

DEFAULTS: If exhibitor defaults in any of its obligations under this agreement, including any rule or regulation promulgated pursuant to this agreement, COWP may, without notice, terminate this agreement; retain all monies received on account of rental as liquidated damages, and remove said exhibitor, its employees, agents or servants and all of its merchandise and personal property from the COWP Expo.

BINDING CONTRACT: This agreement shall not be binding until accepted by COWP. Exhibitor shall not be entitled to exhibit unless the space rental has been paid in full.

INTELLECTUAL PROPERTY: Come Out with Pride Orlando, COWP and any variation are registered service and trademarks of Come Out With

Pride, Inc., and permission for their use on merchandise for sale must be secured in writing from COWP in advance. Come Out with Pride Orlando is the registered trademark of Come Out With Pride, Inc., use only with license and permission. All rights reserved. Any unauthorized use of the above terms or the COWP logo, will constitute service and trademark infringement and will be subject to prosecution. Applications for the licensing of certain registered terms and/or the COWP logo, for use in the manufacture of souvenir items may be obtained by contacting COWP. Reasonable licensing fees may be assessed.

RETAIL SALE OF GOODS & SERVICES: Retail sales may be permitted at the expo, but it is the sole responsibility of the exhibitor to comply with Federal, State and Local laws, regulations and/or ordinances relating to such sales, including without limitation, sales tax and licensing fees. Exhibitor agrees to hold COWP harmless with respect to such compliance.

COMPLIANCE WITH LAWS: The exhibitor, its employees, agents, and servants shall comply with all of the applicable Federal, State, and Local laws, including but not limited to the prohibition of nudity and obscenity (unless otherwise covered no see- through clothing, jockstraps bras, panties, thongs or chaps are allowed.) Exhibitor shall comply with all of the applicable rules and regulations of the local Police and Fire Departments and the /City of Orlando. The possession, distribution or use of DRUGS or FIREARMS at the COWP Expo shall result in immediate removal of the violator and notification of the local police.

GOVERNING LAW: This agreement shall be governed by the laws of the State of Florida, without giving effect to the conflict of laws and rules thereof.

LABOR: Exhibitors are required to observe all contracts in effect between COWP and service contractors, City of Orlando and the labor organizations involved (if any).

CARE OF PARK AND EQUIPMENT: Exhibitors or their agents shall not injure or deface any part of the Expo area, the booths, or booth contents or Expo equipment and décor. When such damage appears, the exhibitor is liable to the owner of the property so damaged. Additional Lake Eola Park rules are provided as an addendum to this agreement and Exhibitors must comply with these rules at all times.

OTHER REGULATIONS: These rules and regulations are part of the contract for space, which

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becomes effective upon the acknowledgement of the receipt of the Vendor Application and appropriate deposit. COWP reserves the right to make such additional conditions, rules, and regulations as it deems necessary to ensure the success of COWP. All amendments that may be so made shall be equally binding on all parties affected by them, as are the original regulations.

SPECIAL CLAUSE FOR FOOD VENDORS: 1. Diverse menus are encouraged in order to create a

fair opportunity for all vendors. 2. All menus must be approved by Come Out With

Pride. 3. COWP will provide dedicated food & beverage

seating area with tables, linens, chairs & trash service.

4. 15X15 spaces includes fire inspection 5. Vendor will provide: all equipment, tables and

setup items. See application for items that can be rented.

6. Vendors are not permitted to sell alcoholic beverages of any kind. COWP is the only permitted and licensed entity that legally can sell alcoholic beverages. Vendors are encouraged to sell non-alcoholic beverages including bottled water. Note: Official Come Out With Pride bars may also sell bottled waters and cola products.

7. Vendor must possess a current State of Florida DBPR license to sell food to the public. A copy must accompany this application or be forwarded no later than 30 days following receipt of the application. DBPR has requirements for serving food in this type of environment. You are expected to be familiar with these requirements and it is possible to be inspected by the DBPR. COWP cannot accept any liability if your booth is not up to DBPR code and you are cited or shut down. No refunds will be issued.

8. Vendor must carry general liability insurance listing COWP & The City Of Orlando as additional insured. A copy must accompany this application or be forwarded no later than 2 weeks prior to the event date.

9. Vendors must sign and comply with Stormwater/Runoff rules, including providing an approved ground cover underneath the cooking apparatus to catch and soak up any grease, oil, charcoal, or liquid spillage.

10. Cooking is not allowed on any grass area. 11. Reminder that break-down may not begin prior to

8pm. You may break down after 8pm at your discretion.

12. Trash service will be provided. All other items must be removed from your booth area after break down.

13. All other rules and regulations as stated on the “Vendor and Exhibitor Regulations” are effective.

SPECIAL CLAUSE FOR PARADE PARTICIPANTS: Parade participants must abide to the guidelines and code of conduct set forth in the final instructions received 3-4 weeks prior to the event. Small, safe, and family friendly items can be thrown from floats and vehicles. Directly handing out items from moving parade vehicles, drawing bystanders into the parade route, is prohibited.

Exhibitor Acceptance: Sign:

Print:

Date:

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ADDENDUM - LAKE EOLA PARK RULES AND REGULATIONS: 1. Participants must follow all park rules, remove

all event materials from the park, display all required city or state licenses, and provide certificate of insurance.

2. The unauthorized discharge of waste onto the street, park grounds, lake and/or shore or in storm water drains will be subject to violations and fines and exclusion from future events. Park Management and the City’s Code Enforcement Department will regularly inspect vendor areas for compliance.

3. Exhibitors and contractors may not drive on the grass in any area of the park. No driving on paved surfaces without permission from the Park Manager and COWP.

4. Tents must be appropriately weighted to prevent tipping.

5. No staking is permitted in the park. 6. Glass drinking containers or plates are

prohibited. 7. Stickers of any type, gum, or chocolate may

not be provided as handouts. 8. Balloons are not permitted at any City of

Orlando park. 9. Live animals must be approved by COWP and

the Park Manager. 10. Tape is prohibited from being used to hang

signs, banners, etc. to any park structure. 11. Light poles, park structures, and/or

landscaping are prohibited from being used to hang banners, lights, decorations, etc.

12. Music and all speaking must be kept within the City’s maximum allowable volume as specified in City Code Chapter 42.

13. No plant materials are to be removed, relocated, or otherwise disturbed in any way.

14. Any wires, cables, or hoses laid across paved walking surfaces must be covered with stage/electrical cord mats, or be taped down for the entire length of the paved surface with duct tape.