PURE HEAT 2021 VENDOR MARKET VENDOR RULES & REGULATIONS
Pure Heat Vendor Market agreement for the Pure Heat 2021 Market Vendor agrees to each and all clauses set forth in this agreement and identified in the Pure Heat Market application herein incorporated by reference. Failure by the Market Vendor to abide by any clauses set forth in this agreement of the Pure Heat Atlanta Labor Day Pride Weekend & Community Festival 2021 & Atlanta Black Pride(hereinafter known as PHALDPW & PHCF) gives The Vision Community Foundation & Traxx Girls, Inc. (hereinafter known as VCF & TG & Atlanta Black Pride) and/or the authorized agents of PHALDPW & PHALDPW & PHCF reserve the right to (1) immediately terminate this agreement (2) require PHCF Market Vendor, immediately upon notice of violation of this agreement, to cease operations and vacate the premises, and (3) forfeit any and all fees paid to PHCF for the right and privilege of participating as a PHALDPW & PHCF Market Vendor of the Pure Heat Atlanta Labor Day Pride Weekend & Pure Heat Community Festival 2021. No clauses of this agreement may be changed in any way or altered without the written, signed permission of PHALDPW & PHCF or Traxx Girls, Inc. d/b/a Atlanta Black Pride.
1. Pets of any kind are strictly prohibited on the grounds of the Pure Heat Community Festival, per the City of Atlanta
2. PHCF retains the exclusive rights to serve and sell all drink beverages (this includes water) at all sites and operations of the Pure Heat Community Festival 2021. Serving or selling any beverage including water and food is prohibited. PHCF reserves the right to confiscate for the duration of the festival any beverages including water or food. Any failure to strictly adhere to this policy may result in the immediate termination of this agreement and immediate forfeitures of any and all fees paid.
3. Pure Heat Community Festival Market Vendor agrees and acknowledges that household pets, amplified sound, power generators of any kind, barbecue grills, within or around your designated booth space and staking of any implement which pierces the soil is strictly prohibited. Such restrictions are required pursuant to PHCF’s permits and agreements with the City of Atlanta for public health and safety as well as environmental and park infrastructure hazards/concerns which may not be immediately apparent to the PHCF Marke tVendor. Any violation herein shall be considered a material breach of this agreement by PHCF Market Vendor and shall result in immediate termination of this agreement and forfeiture of any and all fees paid to PHCF. Further, PHCF Market Vendor may be subject to both civil and possible criminal liability under the rules and ordinances of the City of Atlanta.
4.PHCF agrees to provide each PHCF Market Vendor of the 2021 Pure Heat Community Festival with a 10 x 10 space to which you can either provide your own 10x10 tent, table & 2 chairs or rent one of our 10x10 tents, with one table and two chairs per assigned space in the Pride Market of the PHCF 2021. In the event the PHCF Market Vendor fails to appear at the PHCF and claim their reserved market space by 12:00 Noon, Eastern Time Zone, on Sunday, September 6, 2021, PHCF reserves the right to assign, and or resell, such space to another prospective PHCF Market Vendor without further notice, nor refund, to the undersigned PHCF Market Vendor. If it appears, or it is necessary, for the undersigned PHCF Market Vendor to arrive later than the time noted above, it is the undersigned’s responsibility to notify and make arrangements with the PHCF Market Vendor agrees and acknowledges to abide by all directions by PHCF and the City of Atlanta, which seek to protect the environment and infrastructure of City Parks and the safety of Festival patrons.
4. Out of fairness and consideration of all PHCF participants, PHCF Market Vendor acknowledges and agrees to only utilize such space contained within the confines of its booth, and not to extend beyond 5 feet directly in front of its booth, for any sales, distribution, or other solicitation by the PHCF Market participant. PHCF Market Vendor acknowledges and agrees that they are strictly prohibited from “canvassing” or otherwise roaming the PHCF Grounds in any effort to promote its booth’s purpose. PHCF will make every reasonable effort, as allowed by law, to prohibit any unauthorized “canvassing”
5. PHCF Market Vendor hereby acknowledges its liability, and agrees to compensate PHCF, for any damage(s) caused by, including but not limited to, its representatives, agents, employees, volunteers, members, vehicles, equipment, materials, objects to the environs and infrastructure of city parks which causes PHCF to pay for the repair, replacement, or other remuneration to the City of Atlanta for such damage to the environment or infrastructure of a city park.
6. PHCF Market Vendors shall not sublet their space to anyone.
7. PHALDPW & PHCF Market Vendor shall not display, offer for view or sell any illegal or contraband items. The laws of the State of Georgia and local ordinances of the City of Atlanta and Fulton County shall control. PHCF Market Vendor shall not display, offer for view or sell any items that are unlicensed and/or copies/interpretations of licensed or registered items at any and all sites and operations of the Pure Heat Atlanta Labor Day Pride Weekend & Pure Heat Community Festival 2018.
8. PHALDPW & PHCF reserves the right to place PHALDPW & PHCF Market Vendors in a booth location at the complete discretion of PHCF. PHCF shall have sole and complete authority to place the participant in any location contained in the PHALDPW & PHCF Market Place, irrespective of the participant’s request. PHALDPW & PHCF makes no representation, nor does it guarantee any volume of ‘foot-traffic’; of PHALDPW & PHCF Guests in any area of the PHALDPW & PHCF Market. PHALDPW& PHCF cannot speculate, nor control, the popularity of one area of the PHALDPW & Pure Heat Community Festival over the other.
9. PHALDPW & PHCF Market Vendor agrees to obey all rules and instructions as directed by the PHALDPW & Pure Heat Community Festival Market Vendor Coordinators during the festival day, any failure to strictly adhere to such instructions may result in the immediate termination of this agreement and immediate forfeitures of any and all fees paid to PHCF.
10. PHALDPW & PHCF reserves the right to prohibit, within any PHALDPW & PHCF Market Vendor booth or on the host hotel and festival grounds, the display, advertisement, or other promotion of any business, company, or organization which may be in conflict with a current PHALDPW & PHCF sponsor. Any questions concerning current PHALDPW & PHCF sponsors should be directed to the Deputy Director prior to the event. Any PHALDPW & PHCF Market Vendor seeking to profile within its PHALDPW & PHCF Market Booth Space any “Profit Company” must first obtain written permission from PHALDPW & PHCF concerning such inclusion, regardless of whether or not a sponsor conflict exists. Furthermore, such profiling in the Festival Market Booth, signage and/or other materials of the “Profit Company” shall not exceed in physical size and or number greater than 25%of the total signage and or other materials posted and or offered by the Market Vendor.
11. PHALDPW & PHCF Market Vendor acknowledges and understands that they are responsible for sales and use tax and shall in no way hold the PHALDPW & PHCF or its representatives responsible for any type of permits other than for the festival itself. PHALDPW & PHCF Market Vendor is responsible for the acts, and all costs associated with, any and all its employees and volunteers. No PHALDPW & PHCF Market Vendor shall hold itself out as an Agent of PHALDPW & PHCF.
12. As a courtesy to other PHALDPW & PHCF participants, any amplified sound and loud noise from your booth is prohibited. PHALDPW & PHCF Market Vendor acknowledges and agrees that any material of an adult nature shall be displayed subject to the Federal, State, and Local rules, laws, and regulations regarding the display of such materials which may be considered obscene or objectionable for view by minors.
13. PHCF will provide limited overnight security at the festival site on Saturday, September 1st; however, PHCF and the City of Atlanta accepts no responsibility for items left overnight. PHCF Market Vendors are solely responsible for the security of all items in their booth at all times.
14. PHALDPW & PHCF makes no representation or guarantees towards actual PHALDPW & PHCF attendance.
15. PHALDPW & PHCF Market Vendor understands that PHALDPW & PHCF has no control over weather, acts of God, acts of terrorism, or governmental intervention, or any other cause that may prevent and alter and or interrupt, the festival weekend, and participants shall hold PHALDPW & PHCF harmless for any losses that could arise because of such event. PHCF does not refund booth fees due to weather, acts of God, acts of terrorism, or governmental intervention.
16. Pure Heat Community Festival Market Vendor upon vacating their booth space (s) will ensure that such space shall be free of any and all trash or with such being placed in the appropriate containers. Failure of the Festival Market Vendors to clean their booth site may result in the future denial of Pure Heat Community Festival Market Vendor participation.
17. Signs/Banners/Cart Materials shall be made of a flame retardant material and proof of such fire retardant rating shall be made available to the City and or State Fire Marshal upon request. Failure to have such fire retardant rating information available could result in the immediate closure of the PHCF Market Vendor’s operation until such information is satisfactorily provided. Any losses or damages by PHCF Market Vendor are hereby waived against the Pure Heat Community Festival for failure to have such information readily available for inspection by the Fire Marshal.
18. PHCF Market Vendor participant certifies that it maintains adequate liability insurance to cover any and all occurrences which may result in the damage or injury to any person who may be a patron within the confines of the PHCF Market Vendor participant’s booth space. To obtain additional information, please contact PHCF.
19. Community Festival Market Vendor shall not display, offer for view, take orders for, sell, or solicit for donation any items that are imprinted, em-blazed or marked in any manner with “Pure Heat”, ”Vision Community Foundation”, “Traxx Girls”, “Community”, “Atlanta Black Pride Festival” or “Pride Festival”. Even when printed with other words, PHCF Market Vendors shall not offer phrases, logos or artwork with any variations of these words.
20. Cancellations / Refund Policy: A 75% refund will be given with a written request received by March 15, 2021. A 50% refund received between March 16 and June 30, 2021 if the space can be filled from an approved waiting list. No refunds will be given for any request received after June 30, 2021.
21. Any modification of this agreement shall be null and void unless said modification is set forth in writing and signed by the same parties (or their representatives) having signed this agreement made on this day. This agreement incorporates all agreements and understandings, either oral and or written, between the parties and has not excluded any term contemplated prior to the signatures of the parties. This agreement has been read, understood and entered into freely, voluntarily and absent of duress by the parties signed below.