This is a family-friendly event. Sponsors/Vendors/Exhibitors must agree to meet the high standards outlined below. Prosper Parks & Recreation reserves the right to revoke or refuse to grant space at any time without recourse by the vendor and shall not be held liable to anyone for this action.
TEMPORARY HEALTH PERMIT:
- A Temporary Health Permit is required if you plan to offer food or drink in your space. Food-related questions may be directed to health@prospertx.gov.
ELECTRICITY:
- No Electricity will be provided.
MOBILE HOT SPOT:
- Exhibitors should provide a Hot Spot to ensure connectivity for transactions.
RULES & REGULATIONS:
- Sponsors/Vendors/Exhibitors are selected on a first-come, first-served basis, provided all rules and requirements are met.
- Only completed, signed applications will be considered.
- Completion of this application does not guarantee booth space.
- The Town of Prosper reserves the right to deny approval to Sponsors/Vendors/Exhibitors, who, in our opinion, are unlikely to contribute to our mission or do not align with our organizational values.
- The Town reserves the right to refuse any Sponsors/Vendors/Exhibitors that do not comply with the above listed rules and regulations, including the day of the event.
- Participants will be asked to leave immediately if not in compliance with event rules and regulations.
CANCELLATION POLICY:
- This is a rain-or-shine event. Yet, in the event of severe weather, Town officials reserve the right to cancel. Should the event be postponed or canceled by Force Majeure, public safety, and welfare, or for any reason whatsoever, the vendor/exhibitor hereby releases and forever discharges the Town of Prosper, its officers, Council members, employees, representatives, agents, and volunteers from any and all liability and claims for damages and/or loss which result from such postponement or cancellation.
REFUNDS:
- In the case of event cancellation due to weather, there will be no refunds. In the case of event cancellation due to state or local guidelines, booth fees will be refunded.
SALES & MERCHANDISE:
- Sponsors/Vendors/Exhibitors may only sell items or conduct activities that have been specifically pre-approved in writing by the Town of Prosper. Changes in products to be sold and/or given away and/or activities must be approved in writing by Event Officials before the event.
- The possession and selling and/or offer to sell weapons or fireworks is prohibited on event grounds. If caught with weapons and/or fireworks, your booth will be closed immediately.
- The following items, among others, are not allowed for sale and/or giveaway during festival hours: glass-bottled water, alcohol or alcohol-related paraphernalia, tobacco and tobacco-related paraphernalia, all things resembling drug paraphernalia or with drug emblems, and all things pertaining to inappropriate language or nudity.
- To provide a variety of options for residents to enjoy, the Town reserves the right to limit the number and types of products and services offered.
- Staff reserves the right to revoke a Sponsors/Vendors/Exhibitors space and discontinue sales of items.
- Sponsors/Vendors/Exhibitors must keep merchandise, materials, etc., inside their booth area, unless otherwise approved by Event officials.
- No exclusive rights for sales of any item will be guaranteed.
- Sponsors/Vendors/Exhibitors are solely responsible for having cash on hand to make change.
BOOTH SPACE REQUIREMENTS:
- Booth spaces must be decorated to fit the theme of the event.
- The maximum number of representatives allowed within each booth space is four.
- Soliciting or standing outside your booth space is prohibited.
- Vehicles are not allowed in or around booth spaces during the event. (Please anticipate parking your car and transporting your booth items to the event site.)
- Space heaters and fire within booths are prohibited.
- Televising within booths is prohibited.
- Recognition is reserved for the applicant contracting booth space. Only one Sponsor/Vendor/Exhibitor may be promoted per space.
- No outside or sub-advertising is allowed (except for resale items).
- All booths are required to be open and staffed for the duration of the event.
- Animals are not allowed (except for Service Animals) in booths or on the event grounds at any time.
- Sponsors/Vendors/Exhibitors are solely responsible for the security of their booths and the contents therein.
- No hook-ups will be provided for mobile homes, travel trailers, or RVs at the event site.
- Sponsors/Vendors/Exhibitors are required to clean up their space before vacating the premises. Booth spaces shall be returned to the condition it was in before the vendor’s, sponsors', and/or exhibitor’s use of same. A $500.00 booth clean-up fee will be applied if trash is left in the booth space.
- Sponsors/Vendors/Exhibitors are responsible for the space provided and may not sublease or sublet the space to other parties. If parties other than the approved applicant occupy the space, these parties will be asked to leave immediately, and the booth may be closed immediately.
- Sponsors/Vendors/Exhibitors agree that their employees involved with the event shall not drink beer, wine, or any other alcoholic beverage while performing their duties under this Agreement. Alcoholic beverages may not be brought into any part of the event area including, without limitation, the Exhibitor and vendor booths.
INDEMNIFICATION AGREEMENT:
Vendor shall indemnify the Town of Prosper, their respective officers, Council members, volunteers, directors, employees, representatives and agents against, and hold the Town of Prosper, their respective officers, Council members, volunteers, directors, employees, representatives and agents harmless from, any and all claims, actions, liability, lawsuits, judgments, damages, injuries (including death), costs or expenses, including reasonable attorney’s fees, for injury to person or property or death of any person resulting from or based upon, in whole or in part, any act performed or omission in the performance of this Agreement by Vendor, its agents, officers, representatives, volunteers and employees. This indemnity is intended to protect the Town of Prosper, and their respective officers, council members, directors, employees, representatives, volunteers and agents, from consequences of their own negligence. The provisions of this paragraph shall survive the termination of this Agreement.
Vendor, its officers, directors, representatives, volunteers, agents and employees do hereby waive any and all claims for damage, injury or loss to any person or property, including the death of any person, that may be caused, in whole or in part, by the act or failure to act of the Town of Prosper, their respective council members, officers, agents, directors, representatives, volunteers and/or employees. Vendor, its officers, directors, representatives, volunteers, agents and employees assume the risk of all conditions, whether dangerous or otherwise, in and about the premises of the Town of Prosper, and waive any and all specific notice of the existence of any defective or dangerous condition in or about said premises. The provisions of this paragraph shall survive the termination of this Agreement
1.Vendor hereby releases the Town of Prosper, their council members, officers, agents, directors, representatives, volunteers and/or employees from any actions for any loss damage sustained by reason of any defect of any part of the water supply system, the sewage and drainage system, the gas system, electrical apparatus and/or wiring on the Event site and/or booth(s) and/or any other premises or bandstand, and for any loss or damage resulting from fire, theft, water, tornado, rain, snow, strikes, civil commotion riot, or otherwise caused by gross negligence of the Town of Prosper, their respective council members, officers, agents, directors, representatives, volunteers and/or employees.
Failure by Vendor to comply with any of the “Vendor Rules and Regulations and Indemnification Agreement” shall be sufficient cause for termination of this Agreement by the Town of Prosper. In the event of termination, Vendor shall immediately vacate Event property, removing all equipment, materials, supplies and any other property of Vendor; in addition, the Town shall have other rights and remedies available at law or in equity, which rights and remedies shall be cumulative. Vendor acknowledges that this Agreement is not a lease but only a revocable license to operate the activity described herein.
