Terms & Conditions
Thank you for your application. Applicant understands that (San Diego Lesbian, Gay, Bisexual, Transgender Pride, Inc.) SD Pride has legal possession and control of Marston Point, located south of Laurel Street Bridge, between Sixth Avenue and including Balboa Drive on July 11th, 12th, 13th, 14th, 15th, 16th & 17th 2018 pursuant to agreements with the City of San Diego and Balboa Park Management.
Applicant further understands that the use granted by SD Pride here under is a LICENSE TO OCCUPY only, and is not coupled with an interest in the property; that SD Pride retains the right to terminate this LICENSE TO OCCUPY at any time during the term of applicants use if, in SD Pride’s sole determination:
- Applicant creates a nuisance for SD Pride, its other licensees, or its guests;
- Applicant is found to have changed and/or added to the use described in this application
- Applicant is found to have falsified any of the statements contained in this application
- Applicant’s use of premises in any other way interferes with the orderly and successful conduct of the festival space or violates any government laws or ordinances.
SD Pride reserves the right to place Exhibitors on the Festival grounds according to a master plan. Therefore, any cancellations based on dissatisfaction of booth placement will subject Exhibitor to forfeiture of all booth fees and deposits.
Underlined terms are the ones most often overlooked, resulting in forfeiture of deposit!
Read the terms & conditions below, initial each line indicating you have read, understand, and agree to each.
- MISSION: Applicant understands the mission of SD Pride is to foster pride, equality, and respect for all Lesbian, Gay, Bisexual, and Transgender communities, locally and globally, and agrees to do nothing to defeat this purpose during the term of this LICENSE TO OCCUPY.
- PHOTOGRAPHIC RIGHTS: Any reproduction, broadcast, or commercial use of any portion of the event, in any form without explicit written consent of SD Pride is strictly prohibited. SD Pride may, at its discretion, film, photocopy or tape any and all portions of the festival for commercial use.
- PRIDE LOGO / MARKS: The use of and any items containing any part of the event title and date or the words San Diego Pride is strictly prohibited (unless Licensing Agreement has been approved, signed and additional fee has been paid).
- INDEPENDENT CONTRACTING: It is understood that the Exhibitor is an independent contractor, not an employee of SD Pride. Nothing herein shall be construed to make a partnership, agency, or joint venture between the Exhibitor and SD Pride.
- RENTED SPACE: All business or other activity must be conducted within the rented space only!
- ADULT ORIENTED MATERIALS: Due to the “family” nature of the festival, all adult oriented materials such as videos, adult toys, pictures with nudity, porn sites, etc., must be displayed away from street view.
- LIGHTING: You will be provided with one clip light per 10×10 booth rented. You must provide any additional lighting to illuminate or accent your space after sundown on Saturday. You may purchase additional clip on lights on the Application. You will need to provide all necessary extension cords to plug lights in the power source.
- 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.
- BALLOONS AND INFLATABLES: All balloons and inflatables are strictly prohibited.
- NUDITY: SD Pride reserves the right to limit public display or exhibition of any forms of nudity (pictures, sculptures, paintings, video or printed material, etc.).
- NO TAPE is permitted on the pop up material. This reduces the water repellent coating. String, wire, zip-ties etc. affixed to the tent pole framework is suggested.
- 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.
- BEVERAGE SALES: SD Pride 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.
- 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. Exhibitor trash bags, not weighing more than 25 pounds, left at the back of the rented space will be picked up and disposed of by SD Pride. 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 BALBOA PARK CLEAN – leave your space as clean as it was when you arrived.
- BOOTH STAFFING: Festival hours are Saturday, 12pm to 10:00pm and Sunday, 11:00am to 9:00pm. All exhibitor booths must be staffed during these hours. Failure to do so will result in forfeiture of your deposit. SD Pride staff will be monitoring festival grounds. (NO EXCEPTIONS). Please provide your volunteers/staff a weekend telephone number to use if they have any questions.
- INDEMNIFICATION: Exhibitor covenants that it will protect, hold harmless & indemnify San Diego LGBT Pride, Inc., dba San Diego Pride, McFarlane Promotions, Inc., the City of San Diego, 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 SD Pride events.
a. The San Diego LGBT Pride, Inc., McFarlane Promotions, Inc., City of San Diego, 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.
- WORKERS COMPENSATION INSURANCE: Exhibitor is responsible for workers compensation coverage
for your staff. SD Pride does not carry Workers Compensation Insurance for your crew.
- SECURITY: SD Pride provides only limited overnight security and assumes no liability for property or
equipment left on festival grounds. Exhibitors may leave items in their space overnight but SD Pride accepts no
responsibility for the security of said items. Cover all materials. It gets damp overnight and sanitation services use leaf
blowers to clean.
- REFUND/CANCELLATION POLICY: Your booth is NON-REFUNDABLE unless cancellation, IN WRITING, is received by SD Pride before 5pm on June 1, 2018. There is a $100 refund/cancellation fee.
- No refunds will be issued based on final booth location (no exceptions).
- For a full refund (less $100 processing fee), cancellation must be received in writing and postmarked prior to June 1, 2018.
- No refunds after June 1, 2018 .
- PROMISE OF PROFIT: SD Pride is planning what we hope will be a wonderful festival. We hope it will prove to be a fun and profitable experience for you, however, we cannot and do not guarantee your sales or profits.
- DEPOSITS: During and after the event, SD Pride shall inspect your space to ensure it has been cleaned to the satisfaction of SD Pride, and rentals have been properly returned. Deposits may be withheld at the discretion of SD Pride 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.
- NON-DISCRIMINATION: San Diego LGBT Pride proudly does business with entities that do not
discriminate on the basis of sexual orientation, gender identity, HIV status, sex, race, color, religious creed,
marital status, ancestry, national origin, medical condition, pregnancy, disability, or age.
- FINAL AGREEMENT: This agreement is the final writing and supersedes any prior negotiations.
Additional Terms & Conditions for FOOD Exhibitors:
- All food items must be stored inside the allotted space, covered and off the ground as mandated by the San Diego Health Department.
- Running water for cooking is not provided. You must bring your own water for cooking and hand washing. San Diego Health Department requires that you provide appropriate cleaning materials as well as a hand-washing setup.
- SD Pride will provide a utensil washing station for Food Exhibitors.
- All Food Exhibitors using heat and/or open flames must: a) provide fireproof containers for discarding ashes, and b) one visibly mounted fire extinguisher rated 2A10BC. In addition, if you are deep frying food, you must also provide an extinguisher rated 2AK (class K). Please don’t forget to check the expiration date on your fire extinguisher!
- Containers of butane or fuel must be affixed to post or other secure item.
- It is the Food Exhibitors responsibility to make sure that all workers are familiar with these Terms and Conditions. Failure to comply with any one of these could result in forfeiture of your security deposit as well as exclusion from participation in future events. You might not be informed of an infraction during the festival as some determination occurs after the event.
- Standard festival trash containers MAY NOT BE UTILIZED for food waste. Improper trash disposal is grounds for deposit forfeiture.
- Food Exhibitors must post prices in a legible manner and in a visible space inside the booth only.
- Food Exhibitors may only sell bottled water that is purchased from SD LGBT Pride. We will deliver to your booth upon request.
ACKNOWLEDGEMENT OF TERMS
Any Exhibitor who fails to comply with ANY of the provisions outlined herein shall be subject to the forfeiture of their deposit and any resultant damage in any amount in excess of said deposit. Any violation of the rules and regulations outlined herein will be grounds for revoking this LICENSE TO OCCUPY and SD Pride reserves the right to retain booth fees and deposits.
I hereby warrant and confirm that the information provided on this application is, to the best of my knowledge, true and correct and agree to comply with the Terms & Conditions provided. It is agreed and understood that the completion of this application shall not be binding either to the proposed exhibitor or to San Diego Pride, until accepted in writing by San Diego Pride, Inc.