Qmunity (hereinafter referred to as “Host”) is producing 4 Days of Play (hereinafter referred to as “Event”), with tabling on Friday, April 26 and Saturday, April 27, 2024. Event is open to the public and reserves all rights as producers. Any reproduction, broadcast, or commercial use of any portion of the event, in whole or in part, in any form without explicit written consent of the Host is strictly prohibited.
Host reserves the right to refuse anyone participation at this event and does not guarantee your success at this event.
By agreeing and submitting your application, you (hereinafter referred to as “Participant”) agree to comply with the following terms and conditions. Violations of these terms and conditions can be cause for ejection from the event without a refund, and can result in expulsion from future events. Incomplete applications will not be accepted.
Vendor Space: You will be provided one (1) space sized by your selection (e.g. 10x10). You are encouraged to bring other items to curate an engaging booth. Only a 10x10 space can accommodate a canopy. Activities and items within the space must comply with governing City, County, and State of California requirements.
Trademarks: Host reserves the right to the use of its logos, name, marks, symbols, and other intellectual property. Any use of these without express written permission is a violation of the agreement with Host and will result in expulsion from the event.
Placement: Host reserves the sole right to place Participants in any location it deems fit. Host will try to accommodate requests by Participants, but makes no guarantees. For special requirements (i.e. ADA accommodation) consideration, please note them in the "Special Requests" section of your application.
Abandoned Space: Assigned spaces not checked-in and occupied by the Participant thirty (30) minutes after the advertised event start time will be subject to resale by Host. Provided there is adequate additional space, the original Participant may be reassigned, but under no circumstances will a refund be made.
Conduct: Participants, Guests, and individuals must refrain from disorderly, violent, or illegal conduct and comply with the directions from event staff. The host’s Code of Conduct, venue policies, and emergency procedures must be followed at all times. Violators will be ejected from the event and could be subject to expulsion from future events and law enforcement action.
Right to Participate: Host has legal possession and control of the event site and the surrounding closed streets on the event date(s), pursuant to approved street closure and furnished government permits. Host reserves the right to remove any Participant, Guest, or individual from the event at its sole discretion.
Photography and Videography Release: You and all participants in the booth grant Host the right to take still or moving photographs, video, digital, audio, or other recordings ("Photographs"), and to reproduce, display, distribute, perform, digitize, transmit, broadcast and otherwise use those Photographs, in any and all media and manners now known or hereafter discovered throughout the world in perpetuity, in whole or in part, modified or altered, either by themselves, or in combination with other photographs or materials, The Photographs may be used by Host for any purposes whatsoever including without limitation, all promotional and advertising uses, on its web site, and for other purposes. Participant expressly agrees to inform its Participants that they are granting these rights in consideration of the opportunity to participate in the event. Participant hereby forever releases and discharges Host from any and all claims, actions and demands arising out of or in connection with the use of the Photographs, including, without limitation any and all claims for invasion of privacy, publicity rights, defamation, trademark rights, and all other rights. Participant waives all rights to royalties, license fees, or other compensation related to the use of the Photograph.
Non-Discrimination: All Participants attest you do not discriminate in hiring, employment, participation or services rendered based on the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, sex, sexual orientation, gender identity, domestic partner status, marital status, disability, or HIV status.
Licenses and Taxes: Participants are responsible for obtaining, and compliance with, all necessary City, County and State licenses, permits, tax regulation, ordinances, and laws.
Limitation of Liability, Indemnity, and Release: Qmunity and any of its agents, employees, independent contractors, officers, volunteers, presenting partners, financial sponsors or other representatives shall be held liable for, and they are expressly released from, liability for any damage, loss, harm, or injury to the person or property of Participant or any of its officers, agents, volunteers, employees, independent contractors, or other representatives, resulting from theft, fire, water, accident, or any other cause.
Participant shall indemnify, defend, and hold harmless Qmunity, Project MORE Foundation Inc. and the Qmunity District and any of its agents, employees, independent contractors, officers, volunteers, presenting partners, financial sponsors or other representatives (i) from and against any and all claims arising from any acts, failures to act, or negligence of Participant or any of its officers, agents, volunteers, employees, independent contractors or other representatives, (ii) from and against any and all claims arising from breach of, or default in the performance of any obligation on Participant’s part to be performed under, these terms and conditions, and (iii) from and against all costs, attorney’s fees, expenses, and liabilities incurred in the defense of any such claim or any action.
Under no circumstances shall Qmunity, Project MORE Foundation Inc. or the Qmunity District be liable for consequential, indirect, special, or punitive damages of any kind, whether foreseeable or unforeseeable, whether based upon lost goodwill, lost profits, loss of use of the booth, or otherwise, and whether arising out of breach of any express or implied warranty, breach of contract, negligence, misrepresentation, strict liability, or otherwise.
Please contact us with any questions or concerns.
