Hold Harmless, General Liability Insurance Agreement
1) {businessName} (hereafter “Vendor”) is applying for permission to use a space or spaces on the grounds of City of Oceanside, Friends of Oceanside for Dia de los Muertos Festival, a Friends of Oceanside Dia de los Muertos event in partnership with MainStreet Oceanside Inc and MainStreet Foundation, between the designated hours for setup, selling, and teardown. In the performance of this contract, “Vendor” and the agents and employees of “Vendor” shall act in an independent capacity and not as officers or employees or agents of Friends of Oceanside Dia de los Muertos, MainStreet Oceanside Inc. or MainStreet Foundation.
2) “Vendor” agrees to indemnify, defend and hold harmless the Friends of Oceanside Dia de los Muertos, MainStreet Oceanside Inc. and MainStreet Foundation, , its officers, agents, volunteers and/or employees against and from any and all claims, demands, lawsuits, damages, liability or loss, expenses and costs, in law or in equity, from any cause whatever, including the negligence (active or passive) of the Event venue and Friends of Oceanside Dia de los Muertos, MainStreet Oceanside Inc. and MainStreet Foundation, property and equipment, its officers, agents or employees, arising from the use of the facilities or activities in and about the same by Vendor or their representatives or invitees. This is to include those brought for, or on account of damage or loss of any item in Vendor’s space or injuries to or death of any person or persons, including “Vendor,” or damage to or in connection with the specified event. The intent of this indemnity agreement is to avoid any responsibility on the part of Friends of Oceanside Dia de los Muertos and its agents from paying money for the defense of any lawsuit or claim, or any settlement or verdict.
3) “Vendor” acknowledges that this is a “Rain or Shine” event, and no guarantee is made of financial success, thereby making Vendor Fees non-refundable. “Vendor” understands that no guarantees of product exclusivity are made by Friends of Oceanside Dia de los Muertos, MainStreet Oceanside Inc. and MainStreet Foundation unless arranged in advance and granted in writing. “Vendor” agrees to obtain all required permits and licenses specified by any and all Federal, State, County and Municipal Agencies and comply with all applicable codes and regulations.
4) Any and all artwork and logo materials created for Friends of Oceanside Dia De Los Muertos, MainStreet Oceanside Inc. and MainStreet Foundation are the sole property of Friends of Oceanside Dia de los Muertos, MainStreet Oceanside Inc. and MainStreet Foundation and may not be reproduced without permission.
5) Safety Compliance: Vendors must follow all safety requirements and correct any issues immediately when directed by event staff. This includes:
• Keeping walkways, fire lanes, and emergency access points clear at all times
• Proper setup and securing of tents, canopies, and all equipment
• Ensuring all equipment is in good working condition (no broken parts, damaged canopies, or potential hazards)
• Safe electrical setup (no exposed wiring, proper cords, no overloading)
• Compliance with all applicable fire safety requirements
• Maintaining a clean, organized, and hazard free booth space (no spills, debris, or trip hazards)
• Operating vehicles safely and only during approved times (no unsafe driving or reversing within active event areas)
6) Conduct and Compliance: No use of drugs or alcohol during event hours. Vendors are expected to act professionally and follow direction from event staff at all times.
7) Health Department Compliance (Food Vendors): All food vendors must comply with all applicable Health Department requirements at all times.
8) “Vendor” shall leave the venue/facilities in a clean and orderly condition. No alterations of any type may be made to the buildings or premises, particularly the outside surface of any buildings, without the express written authorization of Friends of Oceanside Dia de los Muertos. As an example, the use of thumbtacks, nails or tape on walls, light posts, fences or buildings is not permitted, as it damages the property. “Vendor” agrees to assume responsibility for any damages done to the venue/premises or buildings caused by any of your guests or attendees. If any alterations were allowed, “Vendor” agrees to restore the facilities to their original condition; and shall repair any damage arising out of the use of the facilities under this agreement. Should any damage occur during your use of the premises and facilities as described in this agreement and “Vendor” refuses to pay for the cost of repairs. “Vendor” agrees to submit the matter to binding arbitration according to the rules of the American Arbitration Association. The prevailing party is entitled to their legal fees.
9) I have read and understand the application and accompanying materials. I understand that incomplete information will delay processing of my application. I understand that my application is subject to review and acceptance by Friends of Oceanside Dia de los Muertos, MainStreet Oceanside Inc. and MainStreet Foundation.
10) My signature below certifies that I have read and understand the application, accompanying information, release of liability and agree to adhere to the rules and regulations set forth on this application.
11) No refunds will be given after October 2, 2026. All cancellations must be submitted in writing prior to October 2, 2026 and are subject to a $50 processing fee. All returned checks are subject to a $50 service charge.