PSL SEAFOOD FESTIVAL
Event Rules and Regulations - Terms and Conditions
POTTC doc-rev. 20212910
Vendor / Booth Agreement
1. The Event will provide a 10’x10’ space. Only one vendor per space, NO Subletting or Sharing of Space Allowed.
2. Vendor is required to provide their own canopy, tables, chairs, booth lighting, extension cords, display, etc.
3. Vendor may only sell from the confines of their booth. If more space is required, please purchase additional space.
4. Vendor shall not call out to, interfere with, or solicit patrons at neighboring booths.
5. Vendor shall not relocate, move, switch or trade booth space without the express consent of POTTC Events.
6. The use of amplified sound must be pre-approved by POTTC Events and may not be disruptive to neighboring booths.
7. Your signage cannot be displayed anywhere within the event other than at your assigned booth.
8. Your canopy must fit within your booth space and be constructed to withstand inclement weather conditions.
9. Canopies must be adequately weighted and or tied down. Vendors are solely responsible for all damages caused by their canopies. Observation of an unsecured canopy may result in its removal from the event and forfeiture of your booth fees.
10. Canopies must have an attached label or tag affirming it was manufactured of flame-retardant materials.
11. Canopies larger than 10’x10’ may require an additional permit at certain venues. (Please inquire if over 10’ x 10’)
12. Open Flame or cooking with open flame is prohibited under canopies or next to other vendors, e.g. barbeque, smoker, etc.
13. Umbrellas: Free standing or weighted shade umbrellas are prohibited due to concerns over event insurance liabilities.
14. Fire Extinguishers: It is recommended that vendors have a fire extinguisher at their booth. It is however, Mandatory that All Food & Amusement Vendors have adequate fire extinguishing equipment at their booth space with current certification tags attached and ready for inspection by the Fire Marshal, this includes a Class K extinguisher if fryers are to be used.
15. All fees must be paid in full prior to occupying booth space. Possession of an unpaid booth space shall be construed as theft.
16. Booth Fees and Refunds: If your application is rejected, your full booth fee will be returned, if paid by check, your check will be voided. Refund requests must be made via email to info@pottcevents.com and are subject to a 50% cancelation/processing fee. Once approved, cancelation of a payment or issuance of a chargeback may result in breach of contract. No refund shall be made within 30 days of the event. Application fees are non-refundable.
17. Returned Check Fee: Checks retuned by the bank will be charged against the issuer in accordance with Florida law.
18. Stop Payment: Any stop payment, hold, chargeback, reversal, PayPal dispute or cancellation of payment shall be construed as theft and may result in criminal prosecution or civil litigation to recover treble damages including all fees and costs of collection.
19. Confirmation or Rejection of acceptance will be sent via e-mail. Submission of an application does not guarantee your acceptance. Application fees are non-refundable. If your check is cashed and you are later rejected, your booth fee will then be promptly refunded.
20. POTTC Events reserves the right to move, discontinue, or limit the participation of any approved applicant at any time.
21. Cancelations: Barring dangerous conditions, Event will be held rain or shine. (Unless a rain date is established. See line 42). There will be no refund for inclement weather, force majeure, civil unrest, failure to show, emergency cancellation, or any reason other than the rejection of your application. If event is canceled, check the event’s website and or Facebook page for updates and info.
22. Space assignments, check-in location and setup instructions will be sent via e-mail approximately 1 week prior to the event.
23. Power is not provided. If power is a necessity, please bring this to our attention so that we may attempt to accommodate your needs. An additional fee is required for power usage.
24. GENERATORS: Only pre-approved QUIET GENERATORS will be permitted. If your generator is deemed by Event Staff to be disruptive or hazardous to your neighbors or the event, you must agree to immediately discontinue its use.
25. SECURITY: Although security is provided at the event, Vendors are fully responsible for their own personal property.
26. INSURANCE: The event does not offer nor provide individual vendor insurance coverage. Neither POTTC Events, the Mid-Florida Event Center, nor the City of Port Saint Lucie shall assume any liability for any losses that you may incur.
27. LICENSES: Vendors are solely responsible for maintaining their compliance with relevant state, local, and federal health regulations, codes, licenses, and insurance.
28. SALES TAX: Vendors are solely responsible for collecting and reporting their own sales tax.
29. Applicants agree to sign a WAIVER OF LIABILITY before occupying a booth space.
30. Conduct: You are required to conduct yourself in a safe, courteous and professional manner. If you should have an issue with the event or a fellow vendor, promptly bring the matter to the attention of POTTC Events so that we may attempt to remedy the situation. Unprofessional conduct that may be detrimental to the event including derogatory comments made to patrons or fellow vendors regarding the event, its staff, promoters and or sponsors may result in your expulsion from the event and further subject you to litigation for damages.
31. Compliance: Failure to comply with the Rules and Regulations governing this event may result in your expulsion from the event without refund in addition to being barred from future events. Respectful cooperation with local authorities is mandatory (I.e. State, County, & City Employees, Event Staff and Volunteers).
32. Exclusivity will not be granted to any one vendor; however precautions will be taken to limit duplication of similar items. Sales will be restricted to those items listed on your approved application. You will be notified prior to acceptance if any of your listed items are required to be removed from your item list. Only sponsoring companies or entities may request exclusivity on certain products and services, if their request is granted; affected vendors will be notified prior to the event of their new limitations. If an affected vendor is not able to accept their new limitations, they may request to have their application rejected and receive a refund in the amount of their booth fee. The vendor further agrees and understands that they are not entitled to receive any additional compensation.
33. Vendor selling items not approved on their application may be subject to one or more of the following: Confiscation of the unapproved item(s), a monetary fine of $200.00 (payable on demand), and or your expulsion from the event without refund. The Sales of Fire Arms, Illegal Weapons, Obscene Materials, Stolen Merchandise, and Illegal Paraphernalia are strictly forbidden.
34. ALCOHOL shall not be sold or distributed without the express written approval of POTTC Events.
35. VENDOR PARKING: Park only in the designated vendor parking areas. A parking pass will be issued to you that must be displayed on your dashboard in plain view from the driver’s side. Do not occupy spaces that are intended for event patrons/ shoppers. This practice will benefit all booths at the event, including your own. Parking Violations will be enforced.
36. SET UP: After being escorted to your booth space, be sure to immediately unload your product and move your vehicle to the designated vendor parking area before you begin your set up.
37. Vehicle Safety: Unauthorized vehicular traffic within the festival is strictly prohibited. For the safety of the general public, all vehicles must be escorted within the festival. Violators may forfeit their booth space without refund or be issued a citation by law enforcement.
38. PACK UP: No early pack up! Vendor booths are required to remain open for the duration of the event. When the event is officially over, break down your display and pack up your booth before bringing your vehicle to the gates or vendor staging area.
39. Clean Up: Vendors are responsible for removal of all trash & waste from their booth. If your Space should require cleaning by Event Staff, a $100 Clean-up fee will be charged to you or against your payout. Please breakdown boxes and place in or next to the event’s dumpsters or trashcans. No item(s) including but not limited to trash, boxes, displays, canopies, vehicles or trailers are to be left behind. Failure to comply may result in the issuance of a citation and the loss of future participation.
40. Photos or video including sound, may be taken at this event of you, your booth, and or your products or works and used to promote this and future events by POTTC Events without any type of compensation or benefit to you.
41. Event hours or days may be changed or adjusted due to forces of nature or occurrences beyond our reasonable control. Such changes will not be considered a breach of this agreement and will not constitute grounds for a refund.
42. Rain Date: If the event is rescheduled due to dangerous weather or conditions beyond our control, those unable to participate during the rescheduled rain date(s) will unfortunately forfeit all fees associated with the event.
43. General: This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without giving effect to the principles of its conflict of law provisions. The Parties to this Agreement agree and consent to the jurisdiction of, and venue in the state or federal courts of Florida in all disputes arising out of or relating to this Agreement. If any provision of this Agreement is declared invalid or void by statute or judicial decision, any such action shall not invalidate the entire Agreement. It is the express intention of the Parties that all other provisions not declared invalid or void shall remain in full force and effect. This Agreement shall be deemed as drafted by both of the Parties and, thus, shall not be construed against any Party because that Party initially drafted any particular section, term or provision.
44. Signatures: whether signed by hand or by electronic signature, and or delivered by facsimile, email of a scanned copy, or any other means of electronic transmission shall be deemed to have the same legal effect as that of an original signed copy of this Agreement.
45. Enforcement of these rules and regulations - terms and conditions are at the sole discretion of POTTC Events. Failure to enforce said terms and conditions shall not be grounds for breach of contract. POTTC Events reserves the right to make final interpretation of all event rules.
46. Food /Amusement and special risk product vendors must provide a valid copy of their business license and are required to maintain a general liability insurance policy with a minimum coverage of $1,000,000/$2,000,000. Prior to your acceptance you will be notified and asked to supply a Certificate of Insurance naming separately POTTC Events and the City of Port St. Lucie, each as Additional Insured.
47. Food Vendors and those needing Power must complete and return a Food Vendor Supplemental Form.
*** IF YOU DO NOT UNDERSTAND THIS AGREEMENT, SEEK CLARIFICATION FROM A LEGAL ADVISOR. ****