Participant agrees to use said allocation provided for the purposes of exhibiting products or services, subject to the conditions set forth herein.
CANCELLATIONS AND REFUNDS: Except as expressly set forth in this paragraph, Come Out With Pride (COWP) shall make no refunds of monies paid. If the application is denied for any reason, or no reason, the application fee will be refunded. If the COWP Event is canceled by reason of an Act of God, catastrophe, or other occurrence beyond the control of COWP, and rescheduled for another date within 60 days of the original date participant shall receive a credit towards participation at the future event. If the Event is cancelled and cannot be rescheduled within the 60 days, participant shall be refunded that portion of its payment which has been made for the Event.
PRODUCTS DISPLAYED: Products or services displayed must be used by or related to LGBTQ+ interests. The right to refuse participation to any applicant, for any reason, is at the sole discretion of COWP. COWP reserves the right to prohibit signs, banners or groups marketing or promoting illegal, obscene or pornographic items. Participants are prohibited from showcasing any items(s) bearing any marking, slogan, reference or image related to Come Out with Pride Orlando® (unless a COWP licensing agreement is obtained).
ALLOCATION ASSIGNMENT: All or any of the allocation herein above designated is subject to reassignment and rearrangement by COWP management, and any proposed/advanced layout or schedule does not constitute a binding obligation to place an participant in any particular allocation. Allocations may not be exchanged with other participants.
USE OF ALLOCATION, SUBLETTING OF ALLOCATION: No participant shall assign, sublet or share the allocation with another business or firm, unless approval has been obtained in writing from COWP. Participants are not permitted to feature names or advertisements of non-participating manufacturers, distributors or agents in the participant’s display, parent or subsidiary companies excepted.
INDEMNIFICATION: Participant on behalf of itself and its affiliates, subsidiaries, parents, employees, agents, servants, and guests will protect, indemnify and hold harmless COWP, City of Orlando and their agents or employees, against and from any penalty or damage imposed for any violation of any laws or ordinances occasioned, caused or contributed to by any willful or negligent act of participant, their employees, agents, or servants. Participant on behalf of itself, its affiliates, subsidiaries, parents, employees, agents, servants, and guests, will at all times protect, indemnify and save harmless COWP, the City of Orlando and their respective agents against any and all loss, claim, liability, damage or expense arising out of or from any accident or other occurrence in connection with the use or occupation by participant of said allocation, causing injury to any person or property whomsoever, occasioned, caused or contributed to by any willful or negligent act of participant, their employees, agents or servants.
DEFAULTS: If Participant defaults in any of its obligations under this agreement, including any rule or regulation promulgated pursuant to this agreement, COWP may, without notice, terminate this agreement; retain all monies received as liquidated damages, and remove said participant, its employees, agents or servants and all of its and personal and/or intellectual property from the COWP Event. Participant agrees that the damages COWP may suffer as a result of Participant’s default would be difficult to quantify, and agrees that retaining monies received as liquidated damages is appropriate compensation and not in the form of a penalty.
BINDING CONTRACT: This agreement shall not be binding until accepted by COWP. Participant shall not be entitled to participate unless the allocation has been paid in full.
INTELLECTUAL PROPERTY: Come Out with Pride Orlando, COWP and any variation are registered service and trademarks of Come Out With Pride, Inc. Come Out with Pride Orlando is the registered trademark of Come Out With Pride, Inc., and can be used only with license and permission. All rights reserved. Any unauthorized use of the above terms or the COWP logo, will constitute service and trademark infringement and will be subject to prosecution. Applications for the licensing of certain registered terms and/or the COWP logo, for use in the manufacture of souvenir items may be obtained by contacting COWP. Reasonable licensing fees may be assessed.
COMPLIANCE WITH LAWS: The participant, its employees, agents, and servants shall comply with all of the applicable Federal, State, and Local laws, including but not limited to the prohibition of nudity and obscenity. Participant shall comply with all of the applicable rules and regulations of the local Police and Fire Departments and the City of Orlando. The possession, distribution or use of DRUGS (including ALCOHOL) or FIREARMS at the COWP Vehicle Procession shall result in immediate removal of the violator and notification of the local police.
GOVERNING LAW: This agreement shall be governed by the laws of the State of Florida, without giving effect to the conflict of laws and rules thereof.
LABOR: Participants are required to observe all contracts in effect between COWP and service contractors, City of Orlando and the labor organizations involved (if any).
OTHER REGULATIONS: These rules and regulations are part of the contract for allocation, which becomes effective upon the acknowledgement of the receipt of the Event Application and appropriate deposit. COWP reserves the right to make such additional conditions, rules, and regulations as it deems necessary to ensure the success of COWP. All amendments that may be so made shall be equally binding on all parties affected by them, as are the original regulations.
PARTICIPANT REPRESENTATION: Participant agrees to appoint a duly authorized representative to have responsibility for and be in attendance during the COWP Vehicle Procession hours. All participants must meet and adhere to certain standards, rules or regulations set or adopted by the City of Orlando and other government entities.
MANAGEMENT LIABILITY: Neither COWP nor its Board of Directors or Production Committees, the City of Orlando, their agents or employees, shall be liable for any damage to property or any person using its allocation or for the loss by theft or other means of any product or personal property.
INSURANCE: Participants must provide proof of general liability insurance and include Come Out With Pride, Inc and the City of Orlando as additional insured’s, unless waived by COWP.
PARTICIPANT ROOMS/PARKING: There is no hospitality room for participants. Participants are recommended to bring their own refreshments for their groups. There is no reserved parking for participants, therefore, it is advised to carpool as much as possible since parking at Lake Eola may be limited.
SPECIAL CLAUSE FOR PARADE PARTICIPANTS: Parade participants must abide to the guidelines and code of conduct set forth in the final instructions received 3-4 weeks prior to the event. Small, safe, and family friendly items can be passed from walkers to bystanders but must not be thrown from occupants in any vehicles. Directly handing out items from moving parade vehicles, drawing bystanders into the parade route, is prohibited. The firing of confetti cannons is absolutely prohibited and violators will be subject to fines and exclusion from future events.
SPECIAL CLAUSE FOR VENDORS: ALL COWP vendors are required to comply with the City of Orlando’s policies and procedures. In 2019 the City passed policy 137.2 that restricts the use of all expanded polystyrene products, single-use plastic bags, and single-use plastic straws. Vendors MUST commit to only using/distributing products that are compostable, biodegradable, reusable, or recyclable (plastic #1 or #2)
CARE OF PARK AND EQUIPMENT: Participants or their agents shall not injure or deface any part of the Parade or Expo area, the booths, or booth contents or Expo equipment and décor. When such damage appears, the participant is liable to the owner of the property so damaged. Additional Lake Eola Park rules are provided as an addendum to this agreement and Participants must comply with these rules at all times.
ADDENDUM – LAKE EOLA PARK RULES AND REGULATIONS:
Participants must follow all park rules, remove all event materials from the park, display all required city or state licenses, and provide certificate of insurance.
- The unauthorized discharge of waste onto the street, park grounds, lake and/or shore or in storm water drains will be subject to violations and fines and exclusion from future events. Park Management and the City’s Code Enforcement Department will regularly inspect vendor areas for compliance.
- Participants may not drive on the grass in any area of the park. No driving on paved surfaces without permission from the Park Manager and COWP.
- No staking is permitted in the park.
- Glass drinking containers or plates are prohibited.
- Stickers of any type, gum, or chocolate may not be provided as handouts.
- Balloons are not permitted at any City of Orlando park.
- Live animals must be approved by COWP and the Park Manager.
- Tape is prohibited from being used to hang signs, banners, etc. to any park structure.
- Light poles, park structures, and/or landscaping are prohibited from being used to hang banners, lights, decorations, etc.
- Music and all speaking must be kept within the City’s maximum allowable volume as specified in City Code Chapter 42.
- No plant materials are to be removed, relocated, or otherwise disturbed in any way.
- Any wires, cables, or hoses laid across paved walking surfaces must be covered with stage/electrical cord mats, or be taped down for the entire length of the paved surface with duct tape.