2015 ABC Zilker Kite Festival Application/Contract Agreement and Liability Waiver March 1, 2015 Rain Date: March 8th, 2015

Transcription

1 2015 ABC Zilker Kite Festival Application/Contract Agreement and Liability Waiver March 1, 2015 Rain Date: March 8th, 2015 Benefitting Communities in Schools of Central Texas

2 Contract Summary Sheet 86th Annual Zilker Park Kite Festival Sunday, March 1, 2015 (Rain date: March 8, 2015) DEADLINE: December 1, 2014 for those taking advantage of early bird pricing and February 1, 2015 for all others. Mail to: Kite Festival Exchange Club of Austin CAF; P.O. Box ; Austin, TX Please type or print clearly. Contract Summary Sheets not completely filled out and/or not signed will not be considered. Name of Organization or Business Taxpayer ID # (EIN or SS#) For Profit Non-Profit Type of Activity: Food sales Retail Sales Ride/Game/Interactive Children s Activity Exhibit Other Applicant [Contact] Name Mailing Address City State Zip Phone (Day) (Cell#) Fax Website REQUIRED: Please attach a description of your business, food, merchandise, exhibits, samples, etc. you would like to bring to the Kite Festival. Food vendors must attach a menu with proposed prices. Photos are appreciated. LIMIT 2 booths/spaces per vendor. Tents for booths will be provided unless other arrangements have been made with the Kite Festival organizers. Booth type: F10 F20 F30 R Cart FT Participated in Kite Festival before? How many years? Do you need to bring a trailer? Yes No If yes, include a photo. Size of the trailer: Electricity needed in AMPS Number of 110 outlets needed _ (NOTE: 220 service is not available) Ice: reserve lbs (Ice available for purchase) Yes, I want to load in Saturday night for an additional $20 fee by appointment. Are you using compressed gas tanks of any kind? Yes No Are you using a generator? Yes No If you are a food, ride, game or interactive vendor, do you have General Liability Insurance for $1 million? Yes No (Enclose certificate of insurance with ABC Zilker Kite Festival, The Exchange Club of Austin, The Exchange Club of Austin Charitable Activities Fund and ABC Home & Commercial Services listed as additional insureds) FINAL CHECKLIST: Description of business is enclosed. If a food vendor, menu and prices are included. Booth type is checked Signed Waiver is enclosed (If a food, game or interactive vendor) Certificate of General Liability for $1 million is enclosed If a non-profit, copy of Tax Exempt status letter from the IRS is enclosed Fee(s) enclosed: Check Money Order Visa/Master Charge # Exp Booth Fee $ (see Section 7 of Terms and Conditions) Trash / Recycling fee $50.00 Temporary Food Service Permit Fee (if applicable) $_ ($98.00) Saturday Night load in Fee $_ ($20.00) Total Enclosed : $ ** Booth fees for non-profit vendors and ride/game/interactive vendors will be determined on a case-by-case basis by the Kite Festival organizers. Such vendors do no need to submit any booth fees with this Contract Summary Sheet. The Kite Festival organizers will contact each such vendor as soon as possible after such vendor submits its Contract Summary Sheet regarding the amount of booth fees that will be payable. Contract Summary Sheet is completely filled out and signed. Page 2 of 5

3 The ABC Zilker Kite Festival strives to set fair and equitable booth fees for every vendor. To determine the amount of booth fees you owe based on the size and type of booth you have requested and the date on which this Contract Summary Sheet is submitted, Vendors should refer to Section 7 of the Terms and Conditions set forth in the 2015 ABC Zilker Kite Festival Vendor and Exhibitor Information Packet, Application and Contract Agreement, which Terms and Conditions are incorporated by reference into this Contract Summary Sheet and which we refer to herein as the Terms and Conditions. Vendors are requested to treat their agreement with the Kite Festival organizers as confidential information not to be shared with other vendors or organizations. As the event sponsors, the Kite Festival organizers reserve the right, in their sole and absolute discretion, to select the vendors for the Kite Festival. I understand that there is no assurance that I will be assigned a booth at The ABC Zilker Kite Festival. If I am not assigned a booth at The ABC Zilker Kite Festival, any fees submitted by me will be refunded by the Kite Festival organizers. I understand that, if I do not pay the applicable fees in full by February 1, 2015, I will not be permitted to be a vendor at the Kite Festival and any fees previously paid by me will be refunded. In addition, I understand that if I am unable to attend The ABC Zilker Kite Festival (either on the initial date or, if applicable, the rain date) and I fail to provide written notice by February 1, 2015 to the Kite Festival organizers canceling my participation as a vendor at the Kite Festival, I will only be entitled to a refund of 50% of the booth fees that I previously paid and that I will forfeit any other fees I have paid. I have read, understand and agree to all the rules, policies, guidelines, information and stipulations, including the guidelines of the Austin Parks and Recreation Division, regarding participation in the 2015 ABC Zilker Kite Festival. Without limiting the generality of the foregoing, by signing and submitting the enclosed Contract Summary Sheet, I acknowledge that I have read, understand, agree to comply with, and shall be bound by the Terms and Conditions set forth in the 2015 ABC Zilker Kite Festival Vendor and Exhibitor Information Packet, Application and Contract Agreement, which Terms and Conditions are incorporated by reference into this Contract Summary Sheet, which constitutes a binding legal agreement, enforceable against me in accordance with its terms. Vendor/Exhibitor: date (Sign here) If Vendor/Exhibitor is not an individual, list the name and title of the officer or authorized signatory signing this Contract Summary Sheet on behalf of such Vendor/Exhibitor: Name: Title: ACKNOWLEDGED: Officer of Kite Festival Organizers: (Sign here) Title of Officer of Kite Festival Organizers and contact information: date Page 3 of 5

4 86th Annual Exchange Club Kite Festival at Zilker Park Sunday March 1, 2015 Rain Date Sunday March 8, 2015 RELEASE and WAIVER of LIABILITY and INDEMNITY AGREEMENT This Release and Waiver of Liability and Indemnity Agreement (this Agreement ) is made (month/date), 20 in the City of Austin, County of Travis by and among (print your name here), hereinafter referred to as Vendor and The Exchange Club of Austin (the Exchange Club ), The Exchange Club of Austin Charitable Activities Fund (the Exchange Club CAF ) and ABC Home and Commercial Services Inc. ( ABC Home and Commercial Services and, together with the Exchange Club and the Exchange Club CAF, the Kite Festival Organizers ). IN CONSIDERATION FOR PARTICIPATION in the 86th Annual Zilker Park Kite Festival (the Kite Festival ), the undersigned hereby agrees to the following: 1.) Vendor hereby waives, releases and forever discharges the Kite Festival Organizers and the City of Austin and their respective Representatives (as defined below) (collectively, the Released Parties ) from any and all liabilities losses, causes of action claims, demands, judgments, costs and expenses of any kind or nature either in law or in equity, known or unknown, foreseen or unforeseen, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR OTHERWISE (collectively Claims ), that Vendor or its Representatives now have, or in the future may have, arising out of or in any way connected with Vendor s or any of its Representative s participation in the Kite Festival. For purposes of this Agreement, Representatives means, with respect to a party, such party s officers, directors, principals, employees, agents, contractors, advisors (including, without limitation, accountants and attorneys), representatives, affiliates, equityholders, members and volunteers. 2.) Vendor hereby agrees to indemnify, hold harmless and defend the Released Parties against any and all Claims against the Released Parties, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR OTHERWISE, that may arise out of any act or omission by Vendor or its Representatives in connection with Vendor s or any of its Representative s participation in the Kite Festival. 3.) Vendor, on behalf of itself and its Representatives, understands that Vendor and its Representatives are participating in the Kite Festival at their own risk and that attendant risks for participating in the Kite Festival include all risks associated with participating as a vendor at a public festival, including but not limited to injuries illnesses death property damage, loss or theft or any other kind of harm (pecuniary bodily or emotional) to Vendor or its Representatives caused by, among other things: moving heavy objects; bending, lifting or stooping; working with volunteers and staff; driving to and from the event; electricity or lightning; weather; theft of merchandise or other property; or claims against Vendor involving faulty products or tainted food or beverages. 4.) Vendor, on behalf of itself and its Representatives, understands that the risks to Vendor and its Representatives associated with participation in the Kite Festival include but are not limited to the risks set forth in Section 3 above, and Vendor hereby assumes full responsibility for the risk any and all injuries, illnesses death property damage, loss or theft or any other kind of harm (pecuniary bodily or emotional) relating to or arising out of Vendor s or any of its Representative s participation in the Kite Festival. 5.) The undersigned further expressly agrees that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Texas, and that this Agreement shall be governed by and interpreted in accordance with, the laws of the State of Texas. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 6.) Vendor gives permission to the Festival Organizers to take photographs and record video and audio images of Vendor and its Representatives at the Kite Festival and vendor hereby grants and conveys unto the Festival Organizers all right title and interest in any and all such photographs images and video and audio recordings of Vendor and its Representatives including but not limited to any royalties donations proceeds or other benefits derived from such photographs images and video and audio recordings. Vendor further permits the Festival Organizers to publish and republish these photographs images and video and audio recordings at will on their Web site and in other media for advertising and fundraising. 7.) The Vendor has read and understands this Agreement and voluntarily signs the same. The undersigned also certifies that the signatory below is an authorized agent of the Vendor and is 18 years of age or older. Page 4 of 5

5 8.) Vendor s operations will be conducted in a safe and prudent manner. No known toxic materials will be used in an inappropriate manner or in a manner inconsistent with normal usages. Vendor will not engage in any activity deemed unsafe by the Kite Festival. Vendor will abide by safety guidelines set by the City of Austin, Travis County and the State of Texas. Vendor understands, acknowledges and agrees that this Agreement constitutes a binding legal agreement, enforceable against Vendor in accordance with the terms hereof. The Kite Festival Organizers encourage Vendor to consult an attorney prior to entering into this Agreement. Vendor understands that failure to comply with participation regulations and requirements as specified herein may result in removal from the Kite Festival or denial of participation. Organization: Signature: Title: Print Name: Date: Page 5 of 5