The Source LGBT+ Center (The Source, The Center) proudly presents Pride Visalia as an education 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 the explicit written consent of The Source LGBT+ Center is strictly prohibited.

The Source LGBT+ Center reserves the right to refuse anyone participation at this event and does not guarantee your success at this event.

By signing and submitting the attached application, you (hereinafter referred to as “Exhibitor/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. NO INCOMPLETE APPLICATIONS WILL BE ACCEPTED.

None of the following is to be sold, advertised, distributed, or otherwise present at the event without the written consent of The Source LGBT+ Center:

•Alcoholic beverages

•Bottled water

•Third-party sponsorships

•Pride Visalia branded merchandise

The Source will be the sole distributor of water and alcoholic beverages. Funds raised from the sale of these items go directly to support the center’s programs and services.

Due to health regulations, the sale of food products is strictly prohibited unless registered as a food vendor on the appropriate registration form. Food vendors will be required to strictly comply with all City and County health and safety regulations. Any fines or penalties incurred will be deducted from your deposit and billed directly to you. The Source will not be responsible for any fines, fees, or penalties incurred by vendors.

Booth Space

‍Non-food Exhibitor spaces are rented in approximately 10-foot squares. You are permitted to use your own tent or booth structure in your space provided it fits into space for which you have paid and otherwise meets City of Visalia safety guidelines.

Trademarks

The Source 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 The Source and will result in expulsion from the festival.

Placement

‍The Source reserves the sole right to place Vendors in any location it deems appropriate. The Center will try to accommodate requests by Vendors but makes no guarantees. If you have a special requirement (i.e. ADA accommodation) please contact the event manager at pride@thesourcelgbt.org

Set-up

Food vendors and non-food vendors will be allowed to enter at 9:00am or earlier on the day of the event. Specific load-in times will be coordinated by The Source LGBT+ Center & its vendor coordinators. Gates will not be opened for exit until 5:00 pm. Early move-out is not permitted, all Exhibitors must stay open until 4:00 pm (this will be strictly enforced by The Source LGBT+ Center and PRIDE Visalia Staff).

Electricity

‍The locations for which power can be supplied are limited and available on a first-come-first-served basis only and are not guaranteed.

Parking

Exhibitors/Vendors may park in various public parking or use street parking. Parking is generally easily available, however, we make no guarantees of parking close to the venue.

Admission

Each Exhibitor/Vendor will be given four (4) admission tickets to the festival as part of their space rental. Additional entry tickets may be purchased at a regular price, $5 each.

Deadlines

‍The deadline for all food vendors, exhibitors, and booths is September 22, 2023. At the discretion of The Center, late applications may be accepted as space allows at the discretion of PRIDE. A late fee or $50 will apply.

Cancellations

You may cancel your booth application at any time before the deadline as stated above. You will receive a refund of fees paid, less a 20% processing fee. Cancellations after the deadline of September 22, 2023 will not be refunded. Assigned spaces not checked-in and occupied by the Exhibitor/Vendor by 9:00 am on the day of the event will be subject to resale by The Source LGBT+ Center. Provided there is adequate additional space, the original Exhibitor may be reassigned, but under no circumstances will a refund be made.

Health Inspections

For food vendors, the Tulare County Health Department will be present for inspections the morning of the event and periodically throughout the day. It is the vendor’s sole responsibility to comply with all requirements of the health inspector and to immediately correct any violations. Any fines or penalties will be billed to the vendor.

Restrictions

None of the following are to be sold, displayed, distributed, or otherwise present at the event without the express written consent of The Source LGBT+ Center: alcoholic beverages, bottled water, or adult merchandise.

Insurance

All Exhibitors must state proof of insurance with a minimum general liability limit of $1 million. Your existing insurance policy is usually sufficient.Noise: The Center reserves the right to monitor or prohibit the use of any electronic equipment, machinery, or other activity that it determines, in its sole discretion, is distracting from other booths or attendees.

Conduct

All Exhibitors and all of their representatives shall conduct themselves at all times in accordance with normal standards of decorum and good taste. The Center reserves the right to eject from the festival grounds anyone violating those standards.

Adult Products

Sellers of adult products, including but not limited to movies, toys, publications, or other items of an adult nature must clearly identify this on the application. The Center reserves the right to limit, impose special conditions on, or prohibit such sales at its sole discretion. Selling adult products without prior notice and consent of The Center is prohibited.

Marijuana Sales

The sale of marijuana, including “legal” or “medicinal” marijuana, shall not be permitted under any circumstances.

Tobacco

The sale of tobacco of any kind is prohibited. This is a smoke-free and vape-free event.

Licenses and Taxes

Exhibitors are responsible for obtaining and complying with all necessary licenses, permits, and tax regulations. You are advised that a Business Operations Tax Certificate (City of Visalia business license) is required to sell, expose for sale, or offer for sale any goods, wares, or merchandise in the city of Visalia. For more information please call the City of Visalia.

Limitation of Liability, Indemnity, and Release

Neither The Source LGBT+ Center, nor any of its officers, agents, volunteers, employees, independent contractors, 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 Exhibitor/Vendor or any of its officers, agents, volunteers, employees, independent contractors, or other representatives, resulting from theft, fire, water, accident, or any other cause. Exhibitor/Vendor shall indemnify, defend, and hold harmless The Source LGBT+ Center, PRIDE Visalia, and any of its officers, agents, volunteers, employees, independent contractors, or other representatives (i) from and against any and all claims arising from any acts, failures to act, or negligence of Exhibitor/Vendor 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 Exhibitor’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, during the term of this agreement and beyond.

Under no circumstances shall The Source LGBT+ Center 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.

WHEREAS, The Source LGBT+ Center is committed to protecting the health and safety of all participants; and

WHEREAS, tobacco use in the proximity of children and adults engaging in Pride Visalia’s site poses health concerns; and

WHEREAS, The Source LGBT+ Center has a unique opportunity to create and sustain an environment that supports a tobacco-free norm through a tobacco-free policy, rule enforcement, and adult-peer role modeling; and

WHEREAS, parents and community leaders involved in local events are role models for youth and can have a positive effect on the lifestyle choices they make; and

WHEREAS, no form of tobacco use is safe. Tobacco products, like e-cigarettes, cigars, hookahs, dissolvables, heat-not-burn cigarettes, and smokeless tobacco, contain some of the same chemicals as regular combustible cigarettes; and

WHEREAS, the US Surgeon General has concluded that there is no safe level of exposure to secondhand smoke. Secondhand tobacco smoke is a Class A Carcinogen; and

WHEREAS, secondhand smoke levels in outdoor public places can reach levels as high as those found in indoor facilities where smoking is permitted; and

WHEREAS, e-cigarette aerosol that users breathe from the device and exhale can contain harmful and potentially harmful substances, including nicotine, ultrafine particles, flavoring, volatile organic compounds, cancer-causing chemicals, and heavy metals such as nickel, tin, and lead. Exposure to e-cigarette aerosol has not been proven to be safe; and

WHEREAS, there is no constitutional right to smoke; and

WHEREAS, tobacco-free policies can help tobacco users quit and prevent the initiation of tobacco use; and

WHEREAS, a tobacco-free policy can protect the environment and The Source LGBT+ Center’s event site from toxic litter. Cigarette and other tobacco product litter are unattractive, expensive to clean up, and hazardous to young children; and

WHEREAS, communities throughout California have protected the health and safety of local event participants with tobacco-free event policies; and

NOW THEREFORE, it is the intent of The Source LGBT+ Center, in enacting this tobacco-free event policy to protect public health and welfare by reducing the harmful impacts of secondhand smoke, presenting healthy behaviors to youth, and supporting those who are quitting tobacco products.

The Source LGBT+ Center adopts the following Tobacco-Free Event Policy:

Definitions

1) “Event” means any organized activity that is sponsored or operated either totally or in part by and over which it has control or responsibility, or raises funds for The Source LGBT+ Center. This definition includes activities related to the scheduled Event itself as well as Event set-up and take-down.

2) “Event site” means the entire physical area in which an Event is being staged and over which The Source LGBT+ Center has control or responsibility. The Event Site includes all open, semi-open, and enclosed spaces and structures, including for example parking lots, loading docks, exhibit halls or vendor booths, conference rooms, dining areas, bathrooms, performance stages, sports or other recreational areas or facilities, pedestrian walkways or pathways, and roads accessible to motorized vehicles.

3) “Tobacco Product” means

a) any product containing, made, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested, or by any other means, including but not limited to a cigarette, a cigar, hookah, pipe tobacco, chewing tobacco, snuff, and snus.

b) any product, regardless of whether or not it contains nicotine, that can be used to deliver nicotine or another substance or solution in any form, including but not limited to aerosolized, vaporized, or heated, to the person inhaling from the device, including but not limited to an e-cigarette, e-cigar, e-pipe, vape pen, e-hookah.

c) notwithstanding any provision to the contrary, “Tobacco Product” includes any component, part, or accessory intended or reasonably expected to be used with a Tobacco Product, whether or not sold separately. The term “Tobacco Product” does not include drugs, devices or combination products approved for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

Tobacco-Free Event Policy and Procedures

1) No person shall use any form of Tobacco Product at or on any events organized by, operated by, funded by, owned by, or which raises funds for The Source LGBT+ Center. These facilities include the site of Pride Visalia (Valley Strong Ballpark).

2) The tobacco-free policy does not apply to a site that is being used in connection with the practice of cultural activities by American Indians that is in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a, whether or not the Public is allowed access to those places.

3) It is not a violation of this policy to use a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.

4) Appropriate signs shall be posted in the above-specified areas in a conspicuous manner.

5) Any person found violating this policy may be subject to immediate ejection from the recreation facility for the remainder of the event. Staff found violating this policy may be subject to disciplinary action.

7) This Tobacco-Free Event Policy is in addition to any federal, state, or local laws that restrict or otherwise regulate the use of Tobacco Products.