This proceeding application is a legal agreement between the applicant (Food Vendor) and the Center on Colfax, producer of Denver PrideFest (Festival). By completing and submitting this application, you agree to all terms and conditions outlined below. Please review carefully. Please note that submission of application does not guarantee acceptance and the $100 registration fee is non-refundable.
1. The Festival desires to permit said Food Vendor, and only said Food Vendor, to sell said items during the 2024 PrideFest event. NOW, THEREFORE, in consideration of the foregoing and of the promises and mutual covenants contained herein, and other good and valuable consideration, the parties agree as follows:
2. RIGHT TO SELL. Food Vendor, and only said Food Vendor, shall have the right to sell only the items submitted at the designated prices. Said sales are to occur only within the area designated by the Festival for the Food Vendor.
3. BEVERAGES. Food Vendor shall not sell, distribute, or in any way disseminate non- alcoholic or alcoholic beverages or food unless otherwise agreed upon in writing.
4. PRODUCTS. Food Vendor, and only said Food Vendor, shall sell only the items and/or services at the listed retail price (including all applicable sales taxes) as part of this application and agreement. Food Vendor shall sell the identified items at the specified price unless otherwise agreed by the Festival.
5. HOURS OF OPERATION. Food Vendor booths must be fully staffed and open for sales and must remain fully staffed and prepared to serve customers Saturday, June 22, 2024 from 11:00 a.m. to 7:00 p.m. and Sunday, June 23, 2024 from 10:00 a.m. to 6:00 p.m. regardless of weather conditions. Closing early or opening late will result in Food Vendor being charged a $200 fee for each instance of early closure or late open. Food Vendor understands that the Festival will be held regardless of weather.
6. SPACE SIZE. There are four Food Vendor space options. If you have a longer vehicle or spatial needs, you will need to contact Carol Hiller first via email carolhiller97@gmail.com. Any Food Vendor whose set up extends beyond the agreed upon booth specifications will be charged an additional $50 per foot. No sales or service shall be made from the sides or rear of the allotted space or spaces. Food Vendor understands that the Festival, in its sole discretion, will assign space. Food Vendors must supply all supplies necessary to operate, including a properly weighted tent or canopy, to operate and withstand the elements of weather. The use of stakes is strictly prohibited.
a. 10' x 10' tent space
b. 10' x 20' tent space
c. Food Truck 10' x 30' or less.
d. Food Cart 3' x 6'
SUBMISSION OF THIS APPLICATION AND PAYMENT OF THE NON-REFUNDABLE APPLICATION FEE
DOES NOT GUARANTEE ACCEPTANCE DUE TO THE LIMITED AVAILABLE SPACES. YOU WILL BE NOTIFIED NO LATER THAN APRIL 12th, 2024 IF YOUR APPLICATION HAS BEEN ACCEPTED.
IF YOUR APPLICATION IS ACCEPTED, YOU WILL BE BILLED FOR THE SPACE FEE. YOUR APPLICATION
FEE WILL NOT BE REFUNDED FOR ANY REASON. BOOTH RENTAL FEES MUST BE PAID BY APRIL 26,
2024 OR YOUR SPACE WILL BE FORFEITED.
9. DAMAGE. A damage fee in the amount of $200.00 will be charged if there is any damage to the Park or trash left behind after tear-down.
10. No subletting of booth space shall be permitted.
11. COMMISSION. The Festival will retain 20% of the Food Vendor’s gross sales for the Festival plus a one cent per ticket infrastructure fee (See item #37 re: payment, infrastructure fee and ticket redemption process after event).
12. SET UP. Set-Up must be done the evening of Friday, June 21, 2024 (times TBD) or between 7:00 a.m. and 10:00 a.m. on Saturday, June 22, 2024.
a. No vehicles will be allowed on site after 9:30 am. The Festival will provide limited overnight security.
b. Site access by vehicle on Saturday morning will be limited to 30 minutes only and strictly monitored.
c. Vendor agrees to complete set-up on Saturday.
d. Contact information and instructions for renting tents/canopies and other rental needs you may have will be included in your confirmation letter from the Festival upon acceptance.
13. LOAD OUT. All materials must be removed from Festival grounds by 9:00 p.m. on Sunday, June 23, 2024. Equipment load-out begins: Sunday, June 23, no earlier, and potentially later than, 6:30 p.m. Equipment load-out ends: Sunday, June 23, 9:00 p.m. ABSOLUTELY NO EARLY STRIKE WILL BE PERMITTED. EARLY STRIKE WILL RESULT IN A CHARGE OF $200.
14. GRASS. DO NOT DRIVE ON THE GRASS. Vendor accepts liability for any damage to the grounds or other City and public or private property.
15. SIGNAGE. Food Vendor may only display its own business signs and banners within the assigned booth space.
16. TRASH. Spaces must be free of trash, litter and other refuse at all times. Failure to do so will result in a $200 fee being charged.
17. CONDUCT. Food Vendor may not smoke or consume alcoholic beverages within any assigned Festival space. Food Vendor must be suitably attired at all times. Behavior unsuitable for the Festival or which constitutes a public nuisance will not be permitted. Food Vendor will not engage in loud, live or recorded music during the Festival. The Festival in its sole discretion shall determine whether an act is unsuitable. Food Vendor
will, at all times, abide by the Festival Code of Conduct:
a) All persons associated with Denver PrideFest will provide service to individuals without regard to an individual’s sexual orientation, gender identity or expression, HIV/AIDS status, race, color, national origin, ancestry, creed or religion, sex, physical or mental disability, age, marital status, veteran status, citizenship or any other protected classification in accordance with state, federal and municipal laws.
b) Festival Food Vendors, exhibitors, staff, volunteers and all persons associated with the Festival must interact with guests and each other in a respectful manner at all times and in accordance with the non-discrimination statement.
c) No Food Vendor shall use alcohol, marijuana or other controlled substances while participating in any capacity with the Festival and shall remain free from the influence of such substances while participating in any capacity with the Festival.
d) Food Vendors will follow all health codes and regulations and be suitably attired and maintain acceptable personal hygiene.
e) Food Vendors will not engage in any behavior that is determined to threaten the safety of anyone participating in the Festival in any capacity nor engage in any disruptive behavior that interferes with the right of anyone to conduct appropriate business or freely enjoy the Festival.
f) Food Vendors must represent the Festival in a positive manner to the general public at all times.
18. STORAGE. There will be no storage allowed outside the booth space for any supplies, equipment, or inventory.
19. Electrical Services. Food Vendor agrees to purchase electrical service, if necessary, from Festival.
a) There will be no electricity, generators, trailers, vans or other such mechanical devices allowed unless approved by the Festival and designated in writing as part of this Agreement. Please keep these restrictions in mind when applying and when planning your operations.
b) No other form of generator or electrical service other than that provided by the Festival is permitted.
c) A separate electricity fee and application must be completed to secure electrical service.
d) The electricity application and fee schedule is available on the Festival website.
e) It is your responsibility to supply all cables and extension cords of the proper type. If you are unsure of which gauge to use, call a qualified electrician. Safe and adequate electrical service is the key to smooth booth operation at the Festival.
f) Please bring an outdoor rated extension cord of at least 100 feet. No 3-phase service is available.
20. CANVASSING. Food Vendor may canvass only from inside their booth space. Canvassing from outside of the booth space is not permissible and Food Vendor shall be liable for immediate closure, removal from the Festival and loss of all submitted monies.
21. RAFFLES. No raffles of any kind without a state raffle license are permitted at the Festival.
22. SITE INSPECTION. Food Vendor is responsible for leaving designated space as found. Failure to do so will result in, at the sole discretion of Festival, the charge of a $200 fee and/or charges to repair or correct the situation. Food Vendor is responsible for returning the vending site to its original physical condition by 9:00 p.m. on Sunday, June 23, 2024.
23. GOVERNING LAWS. This Agreement shall be governed by the laws and the health, sanitation, and fire regulations of the State of Colorado.
24. SECURITY. Food Vendor is responsible for the security of their own property and equipment at all times. While limited security personnel will be on duty at all times during the weekend, no security personnel will be assigned specifically to Food Vendors. The Festival shall not be held responsible for loss, theft or damage to any property left on the Festival grounds at any time.
25. LIABILITY. Food Vendor shall indemnify and hold the Festival, the Festival staff, contractors and volunteers harmless from any claim or cause of action arising out of or in connection with the acts or omissions of Food Vendor under this Agreement, and shall reimburse the Festival for any costs, including but not limited to, reasonable attorney’s fees incurred in defense against any such claim.
26. VIOLATIONS. Food Vendor acknowledges that a breach of any of the terms of this Agreement may result in the termination of this Agreement and the preclusion of the Food Vendor’s participation in the Festival. In the event this Agreement is terminated as a result of any breach by Food Vendor, Food Vendor shall not be entitled to any refund but shall forfeit all amounts previously paid as liquidated damages.
27. AGREEMENT MODIFICATIONS. No prior or present Agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. No modification or change in the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound hereto.
28. AGREEMENT DEADLINE . This Agreement shall be signed by the Vendor and returned to the Festival on or before March 29, 2024, or a $100 late fee will be incurred.
29. CANCELLATION. Food Vendor understands in the event the Food Vendor cancels after May 13, 2024 or fails to provide the required documentations, permits, and fees, the entire booth fee will be forfeited.
30. REQUIRED DOCUMENTATION. Food Vendor agrees that, in the event this Agreement is terminated as a result of Food Vendor’s failure to provide any required documentation, Food Vendor shall not be entitled to any refund but shall forfeit all amounts previously paid as liquidated damages.
31. RESOLUTION OF DISPUTES. In the event of a dispute arising in any manner as a result of, or in any way related to, this Agreement, the parties hereto agree to submit the same to mediation and/or arbitration as a prerequisite to legal action. In the event arbitration or legal action is commenced, the prevailing party SHALL be awarded reasonable attorney fees and costs incurred as a result of said dispute.
32. BOOTH ACCESS. The Festival and its agents or assigns shall have access to the aforesaid described space and premises at all times. Booth space cannot be assigned or leased by any organization other than Festival management.
33. FESTIVAL DISPLAYS. The Festival reserves the right to locate any exhibit or display where it is in the best interest of the Festival. The Festival reserves the right to cancel any exhibit or display that is not in the best interest of the Festival.
34. FOOD VENDOR SELECTION. Food Vendor selection is at the sole discretion of the Festival. Please note that all applications will be reviewed and a selection process will make the final determination of Food Vendors that will participate. If you have not participated in PrideFest before, we will require photos of the items you wish to offer and a photo of your booth.
35. LICENSES. All Food Vendors participating in the Festival must hold a valid Food Vendor Permit from the Denver Department of Environmental Health as well as a valid Denver Fire Department Permit for the use of any temporary power sources (propane, charcoal, generators, etc.) or any large tents/canopies. Additionally, all Food Vendors participating in the Festival must complete a Menu and Commissary Kitchen review with the Denver Department of Environmental Health prior to the event. All Food Vendors accepted to the Festival must provide copies of the above referenced licenses to the Festival no later than May 13, 2024.
36. LIABILITY INSURANCE. Your 2024 liability insurance requirement is $1,000,000. Please inform your liability insurance carrier to issue a certificate of insurance showing liability insurance coverage for PrideFest 2024 with Denver PrideFest 2024 - The GLBT Community Center of CO, and its staff, contractors, and volunteers listed as
additional insured. You are also required to show proof of worker’s compensation insurance for 2024.
37. TICKETS / REDEMPTION. All food and beverage will be sold using strip tickets. To account for the 20% commission, your tickets will be valued at a price determined by The Festival by March 31, 2024. Food Vendors may not accept cash or credit cards under any circumstances. Anyone who is observed in violation will be immediately and permanently closed and will not be able to return to the Festival in the future. Food Vendors are
responsible for controlling all of their redeemed tickets. Tickets will be exchanged for the equivalent cash value minus the 20% Commission (See Item #11) and a one cent (.01) per ticket infrastructure fee at a location and time to be determined following the Festival. Wet, soiled or otherwise tampered tickets will not be accepted at the discretion of Denver PrideFest.
38. MANDATORY MEETING. There will be a Food Vendor Orientation Meeting at a time and place to be determined. You or a representative from your restaurant must attend this meeting in order for you to participate in the Festival. You will be liable for forfeiting your space & fees if this meeting is not attended. You will receive valuable information on maps, booth layout, electrical details, and financial procedures.
39. WATER. Potable water will be made available at the Festival. Food Vendors are responsible for providing a means of transporting water from the Festival’s source to assigned booth space.
40. WASTEWATER. Please do not dispose of wastewater anywhere other than Festival designated locations. Please make provisions immediately to mop up any standing water. Food Vendors observed dumping water in any unauthorized containers will be closed. Wastewater barrels are provided by the Festival.
41. GREASE DISPOSAL. Grease splattering is an area of highest concern. Please make sure you lay down a non-flammable covering underneath your cooking area. Please ensure grease- catching sheets extend beyond the primary cooking area to catch all splatters. Grease containers/barrels will not be made available; Food Vendors are responsible for hauling out and disposing of their grease.
42. REFRIGERATION & OVERNIGHT POWER. The Festival does not provide any form of refrigeration or overnight power.
43. PHOTOS. If you have not participated in PrideFest before, we will require photos of the items you wish to offer and a photo of your booth to be submitted with your application.
44. SUSTAINABILITY PROGRAM. We ask all Food Vendors to participate in our sustainability program, which has the following requirements:
a. NO Styrofoam should be used, nor is it permitted.
b. Packaging Materials - Food Vendor agrees to purchase supplies that utilize cardboard only packaging, e.g. purchase corn in crates made from recyclable cardboard instead of crates made from non-recyclable wood or metal.
c. Sustainability program is subject to change prior to the event.
Acceptance of Rules & Regulations
By submitting this Food Vendor Agreement, I acknowledge the following:
a) I have had the opportunity to review and will abide by this Agreement;
b) I have had the opportunity to consult with legal counsel if desired;
c) I fully understand the terms and conditions set forth herein and agree to be
bound by the same;
d) I have or will purchase liability insurance naming Denver PrideFest as additional
insured.
