Greater Palm Springs Pride, Inc. is a 501(c)(3) nonprofit community enhancement organization that presents the annual Greater Palm Springs Pride Festival for the public as an educational and entertainment event. It reserves all rights as producers, including the right to reject any application submitted to us at our sole discretion, without explanation.
Applicant / Vendor (hereinafter referred to as “Applicant”) understands that Greater Palm Springs Pride, Inc. (hereinafter referred to as “GPSP”) has legal possession and control of the Event venue located in Sunrise Park on October 29 – November 5, 2013 pursuant to agreements with the City of Palm Springs.
Applicant further understands that the use granted by GPSP hereunder is a License to Occupy only, and is not coupled with an interest in the property; that GPSP retains the right to terminate this License to Occupy at any time during the term of applicants use if, in GPSP’s sole determination: 1) Applicant creates a nuisance for GPSP, its other licensees, or its guests; 2) Applicant is found to have changed and/or added to the use described in this application; 3) Applicant is found to have falsified any of the statements contained in this application; 4) Applicant’s use of premises in any other way interferes with the orderly and successful conduct of the festival space or violates any government laws or ordinances.
In our continuous effort to make our event all inclusive we encourage organizations and non-profit groups to contact our office if participation in our event is a hardship.
By reserving a booth Applicant agrees to comply with the following provisions:
1) All business or other activity for which an Applicant has rented space must be conducted in Applicant’s designated area only. Expanding into aisles in any way is strictly prohibited by the City of Palm Springs fire marshal. This prohibition also applies to distribution or solicitation of any kind outside your booth and in the aisles. You must operate within your booth confines.
2) There will be a limited number of “same kind” Applicants. Applicants must submit a list of primary and alternate selling items of a diverse category. In the event of an excessive number of “same-kind” item or services, GPSP reserves the right to refuse an applicant or limit items offered. This policy is to ensure successful exhibition and/or sales by all Venders and limit duplication.
3) Third party participation is strictly prohibited. Only one entity per booth is permitted, without express written permission by GPSP.
4) Animals/pets are not permitted within the Event area except registered service dogs.
5) Vendors selling for profit must purchase a “Special Event Business Permit” to operate in City of Palm Springs. This license is available through GPSP for your convenience, and there is no need for you to contact the city directly.
6) Non-profit Applicants that possess an IRS/State of California letter of determination under Section 501(c) of the Internal Revenue Code must submit a photocopy of the organization’s IRS Letter of Determination.
7) It is Applicant’s responsibility to deal with and pay appropriate State of California taxes and fees. GPSP is required to submit a list of all participating Applicants to the State Board of Equalization, including their actual sales tax number.
8) A refundable clean-up/security deposit is required from all Applicants for EACH BOOTH SPACE. Security / Cleaning Deposits are held until after the event to ensure rentals, spaces and city property are left in good condition. Failure to comply with any of these Applicant Rules & Regulations may result in forfeiture of your deposit and/or fees, OR ejection from the festival grounds, OR exclusion from future festivals. During and after the event, the Vender Director of GPSP, or his/her agent, will inspect your assigned booth space. Deposits may be withheld at the discretion of GPSP for, but not limited to, failure to show, late arrival, early leaving, violation of RULES AND REGULATIONS, unauthorized sales, early load out and unattended or damaged booths.
a) All cardboard must be flattened and brought to the recycling bin at the South Exit. No trash shall remain after an Applicant has left the venue. In the case that there is refuse left behind, GPSP will document the refuse (by way of digital camera) and a cleaning fee of $100 shall be charged to the Applicant.
b) If all rules have been followed, your clean-up / security deposit will be refunded by mail no later than December 15 of the current year.
i) It is the Applicant’s responsibility to cash or deposit refunded security deposit checks in a timely manner. All refunded deposit checks not cashed within ninety (90) days of issuance will become void.
9) Rentals (canopy, tables, chairs) are the responsibility of the Applicant. Applicant agrees to return rental items in good condition at the conclusion of the event. Applicant shall be liable for all damages to or loss of the rental items and liability incurred prior to rental items return to GPSP.
10) I/We also understand electrical service is provided Saturday 6:30AM-7:00PM, and Sunday 6:30AM-7:00PM unless continuous electrical service is requested and paid for. No overnight service is provided.
a) If required, extra electric must be purchased before the event. Going over the provided or ordered electric is cause for forfeiture of deposit. All cooking and/or electrical appliances must conform to the UNIFORM FIRE CODE of the City of Palm Springs Fire Department.
11) All Applicants are required to be open by 10:00 am and remain open with their booths staffed until posted Applicant closing both days of the Festival. Any Applicant that fails to comply with this provision shall forfeit its security deposit and could be subject to expulsion and forfeiture of fees paid.
12) Sound / sound systems are not permitted to be audible more than 10 feet from your booth. If your sound impacts the neighbor booth you will be required to lower the sound level.
13) Volunteers / staff for booth are the Applicant’s responsibility, each of them need entry tickets. They must present an entry ticket to gain entrance. If you require more tickets than are provided with your Applicant package, additional tickets may be purchased on the application form.
a) Entry tickets are issued per person, per day. For your convenience we suggest you purchase tickets in advance, see the Application for details. Please distribute entry tickets to your people; each person requires an entry ticket to gain entry to the festival each day. Please provide your staff / volunteers with a weekend telephone number in case they have problems with entry tickets.
14) Applicant must be aware that possibly offensive material or products CAN NOT BE DISPLAYED. The City of Palm Springs does not allow display of photographs, drawings, or sculptures or products exhibiting frontal nudity or genitalia.
15) Nudity & obscenity will not be permitted as defined by California State Code, title 17.04.480. It is against the law to appear nude in public or to be exposed in a manner determined to be lewd, lascivious, and/or obscene, City ordinance (11.100.040). Violators of these laws will be barred from participating in the Festival and could be subject to citation or arrest from the Palm Springs Police Department.
16) No weapons of any kind can be sold at this event which include but not limited to knives, swords, guns, etc.
17) ALL APPLICANTS MUST HAVE LIABILITY INSURANCE in the amount of $1,000,000.00 naming Greater Palm Springs Pride, Inc as co-insured and are required to provide proof of such insurance. A copy of your current/active certificate of Insurance must be submitted to Greater Palm Springs Pride, Inc. no later than September 30 of the applicable year.
18) GPSP provides only limited overnight security and assumes no liability for property or equipment left on festival grounds. Applicants may leave items in their space overnight but GPSP accepts no responsibility for the security of said items. Additionally, we suggest you cover all materials overnight & drape a tarp on the front of your booth.
19) Non-Food APPLICANTS may NOT give away or sell any food product. No beverages including sodas and bottled water may be sold or given away from any vendor booth without the express written consent from GPSP.
20) Booth fees are NON-REFUNDABLE unless GPSP receives cancellation IN WRITING no later than September 30, of the applicable year. No booth fees will refunded after this date. There is a $100 cancellation fee.
21) GPSP is planning what we hope will be a fabulous festival. We hope it will prove to be a fun and profitable experience for you, however, we cannot and do not guarantee your sales or profits.
22) Payments received by GPSP are applied first to any outstanding fees due, unpaid applications, NSF / bank fees, then to other charges on your account.
23) APPLICANTS MAY NOT PARK in the Library parking lot at any time during the festival.
24) GPSP presents the annual Pride Weekend Celebration for the public as an educational and entertainment event and reserves all rights as producers. Any reproduction, broadcast, or commercial use of any portion of the event, in any form without explicit written consent of GPSP is strictly prohibited. GPSP may, at its discretion, film, photocopy or tape any and all portions of the Event for commercial use. You grant permission to utilize your image, likeness, actions and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event in any medium or context without further authorization or compensation.
25) Applicant agrees to indemnify, defend, and hold harmless Greater Palm Springs Pride, Inc. and its officers, directors, employees, attorneys, agents, servants, volunteers, and assigns, and each of them, from any and all actions, causes of action, claims, damages, losses (including lost, damaged, or stolen Applicant property), liabilities, obligations, judgments, liens, indebtedness, costs, attorney fees, injuries or others, claims, which form the basis of pending litigation and demands of whatever kind or character which may result and/or arise from my operation of said Applicant, vendor, or food booth.
26) The Event is a rain or shine event. The Applicant agrees that in the event of acts of God, storms, floods, high winds that neither GPSP nor any of its employees or agents shall not be responsible for loss, damage, third party damages, claims or loss to property, persons or vessels.
27) The Event will not be canceled less than 30 days prior to the scheduled date, except for extreme weather, natural disasters, or other reasons beyond GPSP’s control. In the event that cancellation of the event is caused by an “act of God” e.g., earthquake, storm, flood, or fire or even acts of terrorism or riots, embargo, sabotage, flood, accident, fire, explosion, or due to compliance with an order of a court, an arbitrator, or government agency, Applicant shall not be entitled to a refund of sums paid to GPSP. GPSP will not be held liable to Applicant for any other damages.
28) GPSP shall have no liability whatsoever for damage, of any nature, to any person, matter, or thing resulting from storm wind or water, or other acts of God, or imminent threat thereof, nor from fire, strikes, lockouts or a third party.
29) Vendor shall be an independent contractor. The relationship between Vendor and GPSP does not create a joint venture, partnership, agency or employee/employer relationship between the parties for any purpose, including, but not limited to, taxes or employee benefits. Vendor will be solely responsible for payment of any and all wages, taxes, and insurance. This relationship shall not constitute a partnership between or joint venture by the parties or make either party the agent of the other. Neither party shall hold itself out otherwise nor shall either party become liable by any representation, act or omission of the other contrary to these provisions.
a) Applicant is responsible for workers compensation coverage for your staff.
30) This Agreement shall be construed and interpreted pursuant to the laws of the State of California applicable to agreements entered into and fully performed in California. If any provision is deemed to be unenforceable as written it shall be modified so as to make it in its general interest, enforceable and as so modified shall form part of this Agreement. This Agreement and the schedules, exhibits and attachments constitute the entire agreement between the parties on this subject matter.
31) Under no circumstances and under no legal theory, tort, contract, or otherwise, shall either party or its affiliates or its suppliers or resellers be liable to the other party for any indirect, special, incidental, or consequential damages of any character including, without limitation, personal injury, damages for loss of profits, goodwill, work stoppage, or any and all other commercial damages or losses, even if a party has been advised of the possibility of such damages.
THE FOLLOWING ITEMS PERTAIN TO FOOD VENDOERS ONLY:
F1. All food vendors are required to donate 25 complete meals to GPSP volunteers. You will allow GPSP to create a free meal coupon or you agree to provide 25 free meal coupons upon check in which will be handed out to volunteer staff to be used during the event. Meal to include one entrée and one side no beverage.
F2. All food concession vendors must be prepared to keep all food stored inside their allotted tent space and off the ground. All cooking or electrical appliances must conform to the UNIFORM FIRE CODE of the City of Palm Springs Fire Department.
F3. Vendor and its agents shall not sell or give away or otherwise distribute any product, food, drink or other item that is not specified in the Applicant’s application. Violation of this rule will result in immediate closure without refund or recourse.
F4. All concessions dealing with food items are required to obtain a County of Riverside Health Department permit. The fee for this is included in the booth fee and GPSP will procure this permit for you. Also required is a Special Event Selling Permit from the City of Palm Springs. This permit fee and its administration is also included in your booth fee. There is no need for you to contact the County of Riverside or City of Palm Springs. GPSP will furnish both of these requirements for you.
F5. Due to Health Department regulations, all food must be prepared on the Event site, unless the food concession vendor has a special food-catering license with the County of Riverside Health Department. Food may be prepared off the Event site only in controlled environments, under the guidance of the Health Department.
F6. Food concession vendors using heat to cook with, and/or open flames, must cook in the open air, and not under a tent. The City of Palm Springs fire marshal requires there to be 20 feet behind the rented 10 foot concession tent: 10 feet for storage, 10 feet for cooking. Food vendors must provide fireproof containers for discarding ashes.
F7. Vendor and its agents shall confine its booth to the specified location and space size as set forth in its application and booth space permit. It shall not construct or place any material of any kind that extends beyond the confines of the allocated space.
F8. Containers of butane or fuel must be affixed to a post or other secure item, but may not attach to site decorations or sets.
F9. Food concession vendors must control drainage and/or condensation.
F10. Food waste must be disposed of in the Applicant’s trash receptacles and then dumped into the large dumpsters provided. Vendor shall provide two (2) forty (40) gallon receptacles for public refuse and one (1) employee to empty trash into the dumpsters during the Event. The area around the food booth MUST be kept clean at all times! Food vendors may not utilize the standard Event trash containers.
F11. Running water is NOT provided. Food concession vendors must provide appropriate cleaning materials.