FOOD VENDOR CONTRACT
PLEASE READ CAREFULLY. This Vendor Agreement (“Agreement”) and enclosed Vendor Application (“Application”) will be enforced to ensure the best possible, profitable participation for all vendors.
The Event will provide you (“Vendor”) with the following:
* 10’x10’ lighted tent (“Event Space”) Counter on tented area- removed upon request
* 10’x2’ lattice for your signage
* 10' x 2' signage banner
* Reserved parking and staff admission credentials
* Opportunity to sell signature menu items
* Opportunity to promote your company on-site with coupons, menus, promotional materials, and name-identified, uniformed employees.
* Electrical power for operation (additional fees apply, form enclosed)
Applicants will be notified of their status on or before March 1, 2017. Applicants who are accepted will receive a contract and an Information Packet containing your Food Vendor Handbook, staff credentials, parking passes, etc.
All booth fees are due by March 15, 2017. There will be a 5% late fee for all payments made after March 15, 2017.
MENU ITEMS AND PRICING
To showcase your best, each vendor is encouraged to sell no more than four menu items. Menu prices should be listed in coupons. The value of each coupon is $1.00. All menu items must be approved by The Festival prior to the event.
Vendors are not allowed to sell soft drinks, water, or alcoholic beverages. A request to sell specialty beverages must be submitted in writing for approval by Spectrum. Vendor may not give away beverages as part of any offer to customers.
ALL food sales are paid by coupon only. Coupons are then redeemed by the vendor on April 3, 2017 from 10:00 am - 1:00 pm at The Festival office on-site. At this time, coupons are weighed and 10% of net sales (gross sales less sales tax), plus any outstanding charges (propane, electrical, etc.), will be deducted final check. Coupons will be redeemed at $1.00. Please price your menus by coupons only!
The food vendor will receive a check for 90% of net sales less any additional charges. Checks are written same day as redemption or can be mailed upon request.
SALE OF PRODUCT
Vendors are responsible of all of their transactions and sales taxes. All prices must conform to the listed prices on the accepted application. Only products on the application can be sold. Prices must be displayed in coupon increments. One coupon equals one dollar.
SECURITY & CLEAN-UP DEPOSIT
A Security & Clean-up Deposit fee must be paid with booth fee. Once you are accepted as a food vendor, your deposit fee will NOT be refunded if you are unable to participate. If you are NOT accepted, your deposit and all fees will be returned to you. The Security & Clean up Deposit will be returned to participating vendors after visual inspection and written release of Spectrum/Festival management team after the The Festival.
Reasons for Immediate FORFEITURE OF DEPOSIT:
• Incorrectly disposing of any oils or coals (must be taken off of the premises and disposed of safely by vendor).
• Not checking out with the Spectrum/Festival food vendor coordinator nightly or the morning after the event is over.
• Leaving litter and/or food debris in and around booth.
• Backing out of the event within 14 days of The Festival.
• Contaminating a recycling or composting bin or dumpster with landfill trash.
• Disposing of grey water anywhere other than a grey water tank.
• Assigning or subletting space without written consent of Spectrum/McDonald's Houston Children's Festival.
• Theft or deception, whether through inventory manipulation or selling products not approved by Spectrum/The Festival.
CHARACTER OF EXHIBIT
The Festival reserves the right to prohibit the display of any article that, in its sole discretion, is not in keeping with the nature and character of the event.
To ensure the safety of all participants, fire regulations, health and all other applicable ordinances must be strictly observed.
Spectrum will obtain a blanket health permit; vendors must pay the fee PER BOOTH. Vendor must be in compliance with all state, city, and county health code provisions. Even if vendor has current Houston Health Permit, Vendor must go through Spectrum to obtain a Special Event Permit.
Vendors are required to abide by all fire safety laws set by the state, city and county fire departments. Vendor is responsible for having required fire extinguishers, tanks, and hoses inspected by a local, reputable company. Propane fee is subject to change, but will be no less than $200 per booth. Anthony Kroon, (281-300-4352) with Propane Express, must do the initial propane hook up with the Fire Marshall's upon inspection. He is also a contact to rent certified propane tanks. Vendors are responsible for taking all propane tanks off-site with them at the end of the night.
INSTALLATION OF EXHIBITS
Load in for all Vendors will be as follows:
* Between the hours of 9 a.m. to 9:30 p.m. on Friday, March 31, 2017. Vendor will be assigned a specific time at a date closer to the festival.
* All Vendors MUST BE completely set up by 9:30 a.m. on Saturday, April 1, 2017.
* The hours of operation will be Saturday and Sunday, April 1st & 2nd from 10:30am-6pm.
Load out will commence after 6:00 p.m. on April 2nd when the park has cleared. Load out with a vehicle may only begin when the crowd has cleared and Spectrum gives Vendor express permission with an escort. Any items unclaimed by the Vendor as of 8:00 a.m. the day after the Event shall become the property of Spectrum and The McDonald’s Houston Children’s Festival.
The Festival has complete control of Event diagrams and space assignment, and reserves the right to make modifications on Event diagrams which are believed to be accurate but only warranted to be approximate. Further, Spectrum and The Festival reserve the right to assign space(s) in such a manner as it deems appropriate in its sole and absolute discretion, notwithstanding the foregoing.
ASSIGNMENT, SUBLETTING OF EVENT SPACE
No Vendor shall assign, sublet or share the Event Space allotted to such Vendor without the knowledge and written consent of Spectrum. No products, parts, accessories or other goods, souvenirs, catalogs, etc. bearing names or other forms of advertising other than that of the Vendor may be displayed. No firm or organization not assigned event space shall be permitted to solicit business within the Event areas.
USE OF SPACE
Spectrum and The Festival reserve the right to restrict Vendor exhibits which, because of safety, noise, method of operation, materials or display, in the opinion of Spectrum, may detract from the general character of the Event as a whole. Accordingly, Spectrum may, at its sole discretion, prohibit such exhibits from being kept or utilized by Vendor in or around the Event area, in which event; Vendor shall immediately remove such exhibits as directed by Spectrum. Spectrum reserves the right to prohibit any equipment that is deemed unsafe or appears to be unreasonable in Spectrum’s judgment. All equipment and heavy machinery must be cleared and approved in writing and in advance by Spectrum staff. All demonstrations or promotional activities must be confined within the limits of the Vendor Event Space. Demonstrations or activities that cause annoyance to neighboring Vendors such as flashing lights or noise or result in obstruction of walk space or prevent ready access to a nearby booth will not be permitted.
FOOD VENDOR SIGNAGE
Event will provide Food Vendors with Banner and Menu signage. Vendors are required to use the signage provided for the sole reason of keeping a uniform look among concessionaires throughout the event. Vendors are prohibited from altering menu items of prices throughout the entire duration of the event. Please ensure that all menu items and prices are correctly spelled and listed on the application. Pricing for a 10 foot banner is $80 and a 20 foot banner is $160. The Event will install banners; Vendors can remove and keep signage after the Event is over.
ADDITIONAL POWER NEEDS
Each Vendor needing electrical supply must provide their own or contract with Spectrum Catering, Concessions and Special Events. Generators must be of the quiet variety.
Some power averages to be used as an example are:
1 Blender – 15 amps
1 Small Fridge – 10 to 15 amps
1 Small TV – 2 amps
Please note that in order to ensure the right amount of power each Vendor must check the power requirements for their specific equipment. Additional power requests the day of the event may not be available and if so they will be charged at a premium. The attached Application contains an Electrical Services Request Form which must be completed with each Application.
You MUST submit ALL power needs at the time of the application. If no power is indicated, you will not be receiving power!
CANCELLATION BY VENDORS
As occupancy of the Event space is the essence of the Agreement, no refunds shall be made in connection with any Rental Space Fee after the acceptance of said fee by Spectrum.
The Festival will be held at an outdoor venue, and therefore the holding of the Festival depends upon fair weather and appropriate governmental authorizations. Accordingly, Spectrum’s and McDonald’s Houston Children’s Festival’s obligations under this Agreement shall be excused by acts of God such as fires, storms, lightning, floods, confiscations or restraints of governmental (civil or military), strikes or labor disputes, civil disturbances, or any other cause (including the threat of any of the foregoing), that is not within the reasonable control of Spectrum or not otherwise due to any negligence or willful misconduct of Spectrum (each of the foregoing, a “Force Majeure Event”). In case of cancellation of the Festival or unavailability of space at the Festival sufficient for Vendor’s purposes due to a Force Majeure Event prior to the Festival beginning, the Vendor’s sole remedy will be to receive a refund from Spectrum of all amounts paid by Vendor to Spectrum as of the date the decision to cancel the Festival is made or the date Spectrum notifies Vendor that space will not be available due to a Force Majeure Event (in either case, the “Determination Date”), in both cases less any expenses already incurred by Spectrum in preparation for the Festival allocable to the booth assigned to Vendor, which Spectrum agrees to pay to Vendor within ten business days after the Determination Date. After the Festival has begun, any fees paid by or assessed against Vendor will not be reimbursed to Vendor and Vendor assumes the risk of such fees if the Festival should be cancelled due to a Force Majeure Event during the Festival.
INSURANCE AND LIABILITY
Prior to The Festival, vendors must show proof of General Liability insurance ($500,000 per occurrence) and name Spectrum Events, The McDonald's Houston Children's Festival. Child Advocates, Inc. and the City of Houston as additional insured. Proof of insurance MUST BE RECEIVED NO LATER THAN MARCH 15, 2017.
In no event, shall Spectrum, McDonald’s Houston Children’s Festival, nor their representatives, contractors, nor corporate sponsors of the Event be responsible for any injury, loss nor damage that may occur to the Vendor’s employees, agents, contractors, representatives, or property from any cause whatsoever. It is the Vendor’s responsibility to protect machinery, perishables, and exhibits so that no injury will result to the public visitors, guests, or persons, or property. If property does not appear to be properly maintained, it will be promptly withdrawn from the event site. All property of the Vendor, including food-stuffs and other perishables is understood to remain in Vendor’s care, custody and control in transit to, from, or within the confines of the event area subject to the Rules and Regulations. The Vendors, on signing the Agreement expressly release, hold, keep, save harmless and indemnify the foregoing persons and entities, named organizations and committees, and individuals from and against all claims for such a loss, damage, or injury. Vendors must carry appropriate insurance through such carriers and containing such limits, terms and conditions as Spectrum or event sites may require and shall deliver to Spectrum copies of all such policies of insurance and/or certificates thereof as either Spectrum or Event sites may request.
RULES AND REGULATIONS
Should Vendor fail to strictly adhere to and follow the Rules and Regulations set by Spectrum and The Festival, then Vendor shall be in default under this Agreement and Spectrum may immediately terminate this Agreement upon notice to Vendor. In the event of a default by the Vendor, the Vendor shall forfeit as liquidated damages the amount paid by him for his Event Space, regardless of whether or not Spectrum enters into a further lease for the Event Space involved. Said damages are agreed to in no way constitute a penalty, but rather a reasonable estimate of Spectrum’s damages which are incalculable with any degree of certainty.
Spectrum and The McDonald’s Houston Children’s Festival reserve the right to make changes to these rules (the “Rules and Regulations”) as seen fit.