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Terms & Conditions

 

Kansas City Diversity Coalition proudly presents Kansas City Market Days 2021 for the public, as an educational and entertainment event 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 Kansas City Diversity Coalition is strictly prohibited.

Kansas City Diversity Coalition reserves the right to refuse anyone participation at these events and does not guarantee your success at these events.

By signing and submitting the attached application, you (hereinafter referred to as “Food Vendor”) agree to comply with the following terms and conditions. Violations of these terms and conditions can be cause for removal from festival grounds without refund and can result in being expelled from future events.

1. BEVERAGES – The Kansas City Diversity Coalition holds the exclusive right to sell alcoholic and/or non-alcoholic beverages. Food Vendor shall not sell, distribute, or in any way disseminate ANY non-alcoholic or alcoholic beverages, INCLUDING WATER, without the consent of the KCDC.

2. HOURS OF OPERATION – Food Vendors must be staffed and open for operation and must remain staffed and prepared to serve customers Friday, September 3rd, 2021, Saturday & September 4th, 2020 from scheduled festival opening to ONE (1) hour prior to scheduled festival closing regardless of weather conditions. Closing or striking early or opening late will result in the forfeiture of the Food Vendor’s damage deposit. Food Vendor understands that the festival will be held regardless of weather.

3. SPACE RENTAL – All Food Vendors are required to pay a fee and associated deposit for event space as outlined in this Agreement in a designated Food Vendor zone. Food Vendors outside specified area are strictly prohibited without consent of Kansas City Diversity Coalition.

4. INSTALLATION – Food Vendor may begin installation Friday, September 3rd, 2020 between the hours of 9am – 3 pm. These times will be strictly enforced. No installation may take place at any other times unless approved, in advance, by Kansas City Diversity Coalition.

5. USE OF SPACE – Food Vendors MUST conform to prevailing applicable regulations of The City of Kansas City Fire Department & The City of Kansas City Health Department. The Kansas City Health Department will inspect food vendors between the hours of 3pm – 5pm on Friday, September 3rd, 2020.

6. LOAD OUT – All materials must be removed from grounds by ONE (1) hour after scheduled festival closing on Saturday, September 4th, 2020.

ABSOLUTELY NO EARLY STRIKE WILL BE PERMITTED
EARLY STRIKE WILL RESULT IN THE FORFEITURE OF YOUR DAMAGE DEPOSIT
7. SIGNAGE – The Food Vendor may only display its own business signs and banners within the assigned booth space. Menu & pricing MUST be displayed at ALL times during festival operating hours.

8. TRASH – Food Vendor space must be free of trash, litter and other refuse at all times. Failure to do so will result in forfeiture of consideration for participation in future festivals.

9. STORAGE – There will be no storage allowed outside the Food Vendor space for any supplies, equipment or inventory.

10. ELECTRICAL SERVICES – Food Vendor agrees to purchase electrical service, if necessary, from Kansas City Diversity Coalition. There will be no electricity, generators, trailers, vans or other such mechanical devices allowed unless approved by Kansas City Diversity Coalition and designated in writing as part of this Agreement. Please keep these restrictions in mind when applying and planning your operations. No other form of generator or electrical service other than that provided by Kansas City Diversity Coalition is permitted. An electricity application and fee schedule is included with this agreement and MUST be included with your completed application.

11. SITE INSPECTION – Food Vendor is responsible for leaving designated space as found. Failure to do so will result in, at the sole discretion of Kansas City Diversity Coalition, loss of damage deposit and/or charges to repair or correct the situation. Damage deposit checks will be destroyed after Terms & Conditions have been satisfactorily met.

12. SECURITY – Food Vendors are 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. Neither Kansas City Diversity Coalition, nor any of its officers, staff members, nor The City of Kansas City shall be held responsible for loss, theft, or damage to any property of said Food Vendor.

13. LIABILITY – Food Vendor shall indemnify and hold Kansas City Diversity Coalition, it’s officers, 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 Kansas City Diversity Coalition for any costs, but not limited to, reasonable attorney’s fees incurred in defense against any such claim.

14. 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.

15. 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.

16. PAYMENT – Payment is due IN FULL within 10 days of receipt of invoice, unless other terms are agreed upon between Food Vendor and the KCDC. If payment is NOT received within the 10 days, Food Vendor risks forfeiture of their event space reservation.

17. DEPOSIT – A deposit is required to be paid per Food Vendor to reserve event space during Kansas City PrideFest. Deposit shall be paid upon submission and signatory of this Agreement and is considered binding for participation in Kansas City PrideFest. Deposit is refundable on the conclusion of event pending acknowledgement of compliance with all terms and conditions outlined in the Agreement. Any violations of said terms and conditions can result in the forfeiture of deposit.

18. FINAL APPLICATION DEADLINE – This Agreement shall be signed by the Food Vendor and returned to Kansas City Diversity Coalition on or before August 7th, 2020. Payment MUST be received by August 7th, 2020 in order to secure event space reservation. If payment is NOT received by August 7th, 2020, Food Vendor risks forfeiture of their event space reservation. This Agreement shall become effective when payment is received by Kansas City Diversity Coalition.

19. LATE FEE – A late fee may be assessed if the application is received after the agreement deadline.

20. CANCELLATION – Food Vendor understands in the event that Food Vendor cancels after August 7th, 2020 or fails to provide the required items, the entire fee will be forfeited.

21. 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.

22. 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 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.

23. SALES TAX – Food Vendors are responsible for paying necessary sales tax to the State of Missouri and the Port Improvement District tax.

24. REQUIREMENTS SHOWING PROOF OF LIABILITY INSURANCE:

a) Minimum limit of $1,000,000 per each occurrence, worker’s compensation insurance with statutory benefit as required by state and federal law; business auto liability with a minimum limit of $1,000,000 per accident. This is reflected under the Limits area of the form.

b) Food Vendor MUST name as additional insured on their certificate. This is reflected under the Certificate Holder area of the form and MUST include the name and address, “Certificate Holders are hereby added as additional insured”:

a. The Kansas City Diversity Coalition

PO Box 32413

Kansas City, MO 64171

b. Event Pros, Inc.

6641 Wyoming St.

Kansas City, MO 64116

c) Please submit Certificate of Liability Insurance with the above requirements to kcdc@kcdiversity.org within 10 days of submitting this application. Food Vendors will NOT be allowed to setup without a copy on file.