2020 Chula Vista HarborFest Terms and Conditions
Read the terms & conditions below, initial each line indicating you have read, understand, and agree to each.
1. PHOTOGRAPHIC RIGHTS: Any reproduction, broadcast, or commercial use of any portion of the event, in any form without explicit written consent of HarborFest is strictly prohibited. HarborFest may, at its discretion, film, photocopy or tape any and all portions of the event for commercial use.
2. INDEPENDENT CONTRACTING: It is understood that the Exhibitor is an independent contractor, not an employee of HarborFest. Nothing herein shall be construed to make a partnership, agency, or joint venture between the Exhibitor and HarborFest.
3. Rented Space: All business or other activity must be conducted within the rented space only!
4. Use of SOUND SYSTEMS is a privilege. Systems may be confiscated where sound is audible more than 20 feet from the source. Don’t forget to purchase electricity if required.
5. Balloons and Inflatables: All balloons and inflatables are strictly prohibited.
6. ALCOHOL: Alcohol beverage sales are prohibited. Sale of or giving away of alcoholic beverages is strictly prohibited. Consumption of alcoholic beverages by exhibitors at their booth is grounds for immediate expulsion and/or exclusion from participation at future events.
7. BEVERAGE SALES: HarborFest reserves the sole right to sell spring water, energy drinks, carbonated beverages (soda and water) coffee, and alcohol. Beverage partner details will be announced at a later date.
8. TRASH: Exhibitors MUST NOT put Exhibitor generated waste in cardboard trash receptacles provided for attendees. Any food/cooking, exhibitor waste found in cardboard trash containers provided for attendees will result in forfeiture of deposit. Exhibitors must provide trash receptacles for waste generated by their booth. Oil may NOT be disposed of on festival site. Improper bagging of food, food waste, oil disposal, oil left in space, excess trash, carpeting, quantities of brochures, large amounts of decorations will be cause to forfeit deposit. HELP US KEEP BAYSIDE PARK CLEAN – leave your space as clean as it was when you arrived.
9. BOOTH STAFFING: All exhibitor booths must be staffed during event hours. Failure to do so will result in forfeiture of your deposit. HarborFest staff will be monitoring festival grounds. (NO EXCEPTIONS). Please provide your volunteers/staff a weekend telephone number to use if they have any questions.
10. Indemnification – Exhibitor covenants that it will protect, hold harmless & indemnify HarborFest, City of Chula Vista, Port of San Diego, McFarlane Promotions, Inc. and its sponsors, officers, agents, and employees from any and all claims or liability for losses, injury or damages of any type arising out of or resulting from or in connection with the Exhibitor’s work, activities or participation in the HarborFest events.
a. The HarborFest, City of Chula Vista, Port of San Diego, McFarlane Promotions, Inc. and Sponsors are not liable for lost, damaged, or stolen exhibitor property.
b. In the event of litigation, costs and attorney fees to prevailing party.
11. Workers Compensation Insurance: Exhibitor is responsible for workers compensation coverage for your staff. HarborFest does not carry Workers Compensation Insurance for your crew.
12. REFUND / CANCELLATION POLICY: Your booth is NON – REFUNDABLE unless cancellation, IN WRITING, is received by HarborFest before 5pm on July 18, 2020. There is a $100 refund/cancellation fee.
a. No refunds will be issued based on final booth location (no exceptions).
b. For a full refund (less $100 processing fee), cancellation must be received in writing and postmarked prior to July 18, 2020.
c. No refunds after July 18, 2020.
13. Promise of Profit: HarborFest cannot and does not guarantee your sales or profits.
14. DEPOSITS – During and after the event, HarborFest shall inspect your space to ensure it has been cleaned to the satisfaction of HarborFest, and rentals have been properly returned. Deposits may be withheld at the discretion of HarborFest for, but not limited to, failure to show, late arrival, early leaving, violation of TERMS & CONDITIONS, unauthorized sales, early load out and unattended or damaged booths. (important – your deposit must be written on a separate check. if paying by credit card, we will only charge the card if there is a problem after event).
15. FINAL Agreement: This agreement is the final writing and supersedes any prior negotiations.
WAIVER AND RELEASE OF LIABILITY
I expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, McFarlane Promotions, and the Unified Port of San Diego, its officers, agents, and employees or any other person from any and all LIABILITY for any death, disability, personal injury, property damage, property theft or actions, including any alleged or actual negligent acts or omissions, regardless of whether such acts or omissions are active or passive, which may accrue to myself or members of my family, organization/group or our heirs in connection with HarborFest.
I fully understand and acknowledge that the CITY OF CHULA VISTA is relying on my representation.
I will expressly DEFEND, INDEMNIFY AND HOLD HARMLESS the City of Chula Vista, its elected and appointed officers, agents and employees from any and all liabilities or claims made by me or my organization/group, my /our heirs and any other individuals or entities as a result of any of my/our acts or omissions arising from or in connection with my/our participation in the event except for those claims arising from the sole negligence or sole willful conduct of the City, its officers, employee, volunteers or other representatives. Such indemnification includes liability settlements, judgments, damage awards, fines, costs and attorney fees and expenses associated with any such claims or lawsuits.