Venice Pride 2019
Commercial – Food Sales Agreement
Terms and Conditions
This Food Sales Space Agreement (the “Agreement”) is made and entered into by and between Venice Pride with an office at 55 N Venice Blvd, #502, Venice, CA 90291 (“VP”) and Food Truck (“Partner”).
1. Term: The term of this Agreement begins once full payment of the registration fee (the “Registration Fee”) is received (the “Effective Date”) and terminates on June 1, 2019 (the “Term”).
2. Relationship: This Agreement does not constitute and shall not be construed as constituting a partnership, or joint venture relationship between or among the parties.
3. Sponsorship: VP will furnish Partner with the sponsorship rights and benefits for the Venice Pride Sign Lighting & Block Party (“Venice Pride 2019”) during the Term accorded to the Partner.
4. Trademarks and Copyrights:
4.1 Use of Event Marks: VP grants Partner, during the Term, a non-exclusive license to use “Venice Pride 2019″ and its variations in the same form they are provided by VP (the “Event Marks”) in connection with the Partner’s Venice Pride 2019 activities in a manner consistent with VP’s guidelines for use of the Event Marks, this Partner Agreement, and Partner’s Tier. Partner will comply with VP’s reasonable requests regarding the use of the Event Marks.
4.2 Use of Partner Marks: Partner grants to VP a non-exclusive, royalty-free license to use the Partner’s marks in camera-ready format (the “Partner Marks”): (i) during the Term in connection with VP’s promotional and publicity activities, including print, video, and electronic materials, for Venice Pride 2019 and (ii) after the Term in reference to Partner’s sponsorship of Venice Pride 2019.
4.3 Event Contents: Partner may photograph or otherwise record its presence at Venice Pride 2019, but will not otherwise record or reproduce any portion of Venice Pride 2019, including the marks or presence of other sponsors, the entertainment, or the attendees, in any format without VP’s prior written consent. Partner’s actions to photograph or otherwise record its presence will take place only in the public access areas of Venice Pride 2018 and will not interfere with the normal operations of the event
5. Liability: Neither VP nor its representatives will be responsible for any injury, loss, harm or damage that may occur to the Partner from any cause whatsoever. Under no circumstances will VP 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.
6. Reschedule or Cancelation: Presently, Venice Pride 2019 is scheduled to take place on June 1, 2019. VP reserves the right to reschedule or cancel Venice Pride 2019 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; (iii) failure to reach agreement with the applicable authorities on any issue related to Venice Pride 2018; or (iv) acts of God or any other cause beyond Venice Pride’s reasonable control, e.g. war, fire, strike, change of law or regulation, public catastrophe.
If Venice Pride 2019 is canceled in whole, VP or its fiscal agent will issue refunds a pro rata amount, based on sponsorship amounts actually paid, of the total sponsorship fees received less the expenses incurred by VP. No further refunds or other amounts will be due from VP for any reason. In no case will the amount of refund to a Partner exceed the amount of the sponsorship fee paid.
7. Termination: VP reserves the right to accept or reject Partner(s) in its sole discretion. VP may terminate this Agreement at any time, in which case Partner’s rights to use the Event Marks will terminate immediately, and VP or its fiscal agent will refund to Partner any amounts paid to VP under this Agreement.
8. Contact Information: If you have questions about becoming a Partner or benefits, please contact our president, Grant Turck, either via phone at (424) 330-7788 or email at firstname.lastname@example.org.
9. Logos/Artwork: Partner shall provide VP with a logo in .png format with a minimum of 300 dpi and, if applicable, a 300 x 250px banner ad along with the 2018 Food Truck Registration Application.
10. Space Restrictions: No walking around and selling of your product outside your designated booth is permitted. Failure to stay and keep your product within your allotted/purchased space MAY RESULT IN IMMEDIATE REMOVAL FROM VENICE PRIDE 2019.
11. Sound Restrictions: The use of any sound devices by Partner is strictly forbidden.
12. Cleanup: Partner agrees to maintain a clean and presentable space. Partner is responsible for the removal of ALL materials, litter, garbage, including boxes and signs. Boxes are to be broken down to fit in the disposal containers. Partner will not dispose of any hazardous materials or burn any objects on Venice Pride 2019 grounds, which acts are strictly prohibited. FAILURE TO ADHERE TO CLEANUP PROCEDURES WILL RESULT IN A NON-COMPLYING PARTNER BEING DENIED PARTICIPATION IN FUTURE VENICE PRIDE EVENTS.
13. Electricity: Food truck must be powered by generator only, electrical outlets will not be made available for purchase.
14. Seller’s Permit: Each Partner must have a valid California Seller’s Permit, collect all taxes and be responsible for the reporting of the same to the Board of Equalization. Partner acknowledges that it has been informed that a Seller’s Permit may be obtained from the State Board of Equalization Office at 1-800-400-7115. If Partner is selling a product, Partner MUST supply a copy of such sellers permit with this registration form to Venice Pride; this includes any “out of state Partner”.
15. Miscellaneous: This Agreement represents the entire agreement between VP and Partner, and there is no other agreement or warranty between the Partner and VP. This Agreement establishes a non-exclusive relationship between Partner and VP and VP retains the right to enter into other Agreements at its discretion. All legal matters pertaining to Venice Pride 2019 and this Agreement will be governed by and construed under the laws of the State of California without regard to any provision of California law that would require or permit the application of the substantive law of another jurisdiction. Partner irrevocably consents and submits to the personal jurisdiction of the courts in and for California for any actions arising out of or relating to this Agreement. This 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. Facsimile or email copies will be treated as originals for these purposes. This Agreement is personal to the parties and neither party may assign it without the prior written consent of the other party.