TERMS AND CONDITIONS
OF OCEAN FESTIVAL 2007
AUTHORITY OF THE
1. SPACE FEE. The fee for each space of approximately 11.5 feet by 20 feet (11.5 feet being the selling front) is:
a. Commercial vendors (boats, cars, satellite dishes, RV's hot tubs and other large items): $100.00
b. Food or beverage vendors; or vendors authorized to dispense alcoholic liquor: $100.00.
c. Art, craft, collectible and other vendors not mentioned above: $75.00
(Note: this type of Vendor may NOT sell any food item including canned soda and water to sell any food item you must be registered as a Food Vendor).
d. Call 541-297-6073 541-271-4471 or if you have any doubt as to which fee to pay.
e. The required fee must accompany the permit application. Participant may be charged a service fee of $ 30 for a check returned by the bank.
PLEASE READ SECTION 4 BEFORE DECIDING HOW MUCH SPACE YOU WILL REQUIRE.
2. ELECTRICAL SERVICE FEE. Electrical service is 120 VAC provided by one side of a 15 amp duplex outlet. Each side is individually protected by a 20 amp GFI circuit breaker. We also have 220 available for those who need it.
Our electrical service is provided from a power pole set in the center of each block of booths. You could be up to 200 feet from the power pole. Bring plenty of 10 gauge power cords.
a. The fee for Commercial and Food Vendors is: $25.
b. The fee for all other vendors is: $20.
3 REFUNDS. Applicant must furnish a written request no later than 30 days before the event stating the reason a refund is requested. The decision to issue a refund for unused space shall be at the discretion of the Committee. The fee for unused electrical service will be refunded in full. A Self-addresses Stamped Envelope must accompany your request.
4. USE OF ASSIGNED
SPACE (the "Booth"). All of
your vehicles, trailers, equipment, etc. must fit within the space you rent.
You may NOT use the parking spaces on the west side of
Participant may sell only items that are new, handcrafted, antique, or fall within the category of collectibles. Participant may not display, sell and/or attempt to sell any items of drug paraphernalia; any item displaying obscenity or profanity; any item that is sexually explicit or displays excessive nudity; or any item tending to excite racial disharmony.
a. Participant may use the Booth assigned by the Committee to sell only the items described in the permit application. Participant accepts the Booth in the condition existing at check in. WBMA is not obligated to make any improvements to the Booth for the Event.
b. Participant shall not make any alterations to the Booth without the written approval of the WBMA. Participant shall take reasonable precautions to prevent damage to the Booth. Stakes, spikes or other devises shall not be driven into the pavement. Participant shall be responsible for and shall compensate WBMA for damage that is caused by the negligence or other wrongful acts or omissions of Participant, or their employees or agents.
c. Participant shall keep the Booth reasonably clean during the Event and afterward place all trash generated by the Event in receptacles provided in the Event area. All corrugated boxes will be flattened and placed next to a dumpster.
d. Not later than
1 - TERMS AND CONDITIONS OF OCEAN FESTIVAL 2007
5. FOOD AND BEVERAGES. a. No person or entity may serve food or beverages at the Event for consumption by the public without a temporary restaurant license as required by ORS 642.025 or a temporary benevolent restaurant license as required by ORS 624.028.
b. Information about the required license may be
obtained from the Douglas County Department of Health, 621 Madrone,
c. No person or entity may possess, sell,
dispense, or serve alcoholic liquor at the event without written authorization
of the WBMA.
d. WATER. We do NOT have water hook-ups. If you will need water, it will have to be packed in 5-gallon buckets. There are places where you can get water from a hose, if you have a tank that you can fill.
6. COMPLIANCE WITH LAWS. Participant shall comply with all federal, state, and local statutes, regulations, administrative rules, codes, and ordinances that apply to the Event, including the Salmon Harbor Marina Ordinance.
7. WORKERS'
COMPENSATION. Every participant MUST
return the Workers Comp form. Participants who employ subject workers to
perform labor at the Event are subject employers as defined in ORS 656.005 and
shall comply with ORS 656.017.
8. INDEMNIFICATION. a. Participant, and Participant's officers, employees, and agents are not officers, employees, or agents of WBMA as those terms are used in ORS 30.260 to 30.300. Participant shall defend, indemnify, and hold harmless WBMA, and their officers, employees, and agents from claims, actions, damages, judgment, and other expenses and liabilities ("claims") arising out of injury to any person or damage to property caused in part or entirely by the activities of Participant, or Participant's officers, agents, or employees or any hazardous condition at the Booth. Participant will not be responsible for claims resulting solely from the negligence of WBMA , or WBMA's officers, employees, or agents, or latent hazardous conditions.
b. This section merely allocates risk between WBMA and Participant. It cannot be construed to diminish any liability insurer's obligations or to waive contribution or indemnity from other persons or entities.
9. LIABILITY INSURANCE.
a. Only Participants who sell food; or beverage
vendors; or are authorized to dispense alcoholic liquor; or a high risk
activity as determined by the Committee are required to provide a certificate
of insurance.
b. Participant shall, at its own expense, at all times while Participant is using the Booth, maintain in force a commercial general liability insurance policy that covers claims arising out of the Event The amount of coverage must be equal or greater than the limits for claims made under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage.
c. Liability coverage must be provided on an
"Occurrence" basis.
"Claims made" coverage will not be acceptable. The Winchester Bay Merchants Association,
Incorporated,
d. Any person or entity that is authorized to dispense and serve alcoholic liquor at the Event must obtain and maintain liquor liability insurance that conforms to this paragraph.
e. Your Insurance Certificate must be mailed along with your Application or be received soon thereafter. You may NOT wait to bring the certificate with you to the event. This is for your own benefit because it allows time to correct any mistakes on the Certificate. Vendors who are required to provide a Certificate of Insurance will NOT be allowed to set up until a correct Certificate has been received. If you do not provide a correct Certificate prior to the show you will NOT be allowed to set up at Ocean Fest and you will NOT be given a refund for your space fee.
2 - TERMS AND CONDITIONS OF OCEAN FESTIVAL 2007
10. REMEDIES.
a. Time is of the essence of this Permit. If Participant fails to comply with any material conditions of this Permit, or if Participant does not take prompt action to rectify a failure to comply with this Permit or a supplemental agreement, the WBMA may immediately terminate this Permit, eject the Participant from the Event, exclude the Participant from future Events, retain Participant's fee as liquidated damage,; or enforce any remedies available to WBMA under Oregon law.
b.
The above stated remedies are cumulative. The exercise of one remedy by WBMA will not
impair any other remedy. Any litigation
concerning this permit will be conducted in circuit court or district court of
the State of
11. NOTICES. a. Written notices required by this Permit must be given by personal delivery or mail.
b. Notices to WBMA will be delivered to the
Committee at the Event, or mailed to the Winchester Bay Merchants Association,
Inc.,
c. Notices to Participant will be delivered to the Participant at the Event area, or mailed to the Participant's last known address.
12. WEATHER AND
SECURITY. All booth space is located
outside with little protection from wind and rain. Participant must keep in mind that Event area
is on the coast and that weather conditions can change quite rapidly. Participant is advised to be prepared for all
types of weather. Participant is
responsible for 24-hour security of the assigned booth and property therein.
13. RUBBISH CONTROL DURING THE EVENT. Dumpsters are provided in the Event area for use by Participant to dispose of Event created rubbish. Each food vendor shall provide a suitable trash container at their booth, police the area around this container, and empty it as required.
14. EXTENSION CORDS. Participant must provide all required extension cords. When more than one cord is used all connections shall be taped or otherwise sealed to provide waterproof protection. Use only heavy-duty cords. As a word of caution, worn, frayed, or improperly insulated extension cords will trip the GFI circuit breakers.
15. YELLOW PARKING BUMPERS. For fire AND safety reasons, use of the space between the yellow bumper and the power poll is prohibited. Participant must not move the parking bumpers located near the power polls.
16. EARLY
ARRIVAL. Camping is not allowed on
17. CHECK IN. Assigned space numbers will NOT be given out
prior to check in. Committee members
will be available at
Thursday, July
19th from 10:00 am until
Friday, July
20st from 8:00 am until
18. HOURS OF OPERATION. Closing your booth before the specified time or leaving the Event early will be grounds for exclusion from the Event the following year. Participants may open earlier or remain open later if they so choose but, you must be open during our advertised hours of operation:
Friday, July 21 from 10:00 am until
Saturday, July 22 from 10:00 am until
Sunday, July 23 from 10:00 am until
3 - TERMS AND CONDITIONS OF OCEAN FESTIVAL 2007
19. TIPS ABOUT THE APPLICATION. A. Your application is a contract. Please type or print the required information. . When an item is not applicable indicate that fact by entering n/a.
b. If you share the cost of booth space with a participant who is not a member of your immediate family, we require an application from both parties. This procedure serves two purposes, (1) We know who the participants are, and (2) The other person's name is added to the Event mailing list. Additional application(s) will be sent upon request. DO NOT use reproduced copies.
c. Participants desiring to be near each other should try to have both parties indicate this fact on their application. Please use the other persons full name.
20. CONFIRMATION OF ACCEPTANCE. Your canceled check is your confirmation. To receive a written notice applicant must include a postage paid, self-addressed #10 BUSINESS ENVELOPE with the application.
21. SUBMISSION. It
will be to your advantage to submit your application before June 1 as that is
the date we will begin making the space assignments. Applications received after June 1 will be processed in the order
received. The latest date this
application should be submitted is
22. #10 BUSINESS ENVELOPE. All applicants are required to send a STAMPED (one stamp) envelope addressed to themselves (SASE). Many Vendors send applications that are missing one or two important items. The worst offenders are usually the Vendors who have NOT enclosed a SASE. In order to be assigned a space at Ocean Festival 2005 your application must be completed fully and correctly - to be sure this is accomplished a self-addressed stamped envelope is required of all Vendors.
23. WHAT TO SEND.
1) The completed application (both sides)
2) The workers' compensation certificate - EVERY Vendor is required to return this form
3) A self-addressed stamped #10 envelope
4) Payment in full.
5) Do not staple anything to the application or certificate of workers' compensation.
24. REQUESTING SPACES. Applicants are welcome to request to be placed in a certain area of the Event Area, if their application is received in a timely manner. But, applicants will NOT be guaranteed a particular space or area. And late applicants can NOT make any requests about placing. Do NOT ask for your space number prior to check-in.
25. A REMINDER ABOUT INSURANCE. Instruct your insurance agent to send
any required certificates of liability and/or workers' compensation to the
address of the Winchester Bay Merchants Association (WBMA)
26. SUPPLEMENTARY CONDITIONS. Any supplementary conditions shall be in writing and signed by Participant and the WBMA.
4 - TERMS AND CONDITIONS OF OCEAN FESTIVAL 2007
[Read all accompanying material before] DO NOT WRITE HERE
[completing this application. ]
Date rec'd:___________________
[Use only this original form. Do not ]
[use a reproduced copy. ] Check No:__________________
OCEAN FESTIVAL 2007 - PERMIT
APPLICATION Amount:___________________
To: Winchester Bay Merchants Association, Inc. Book Seq No:________________
Attn: Ocean Festival Committee
1. The undersigned individual hereby makes application for assignment of booth space for Ocean Festival 2007, to be held July 20, 21, & 22, 2007 .
2. PLEASE TYPE or PRINT. We cannot process your application unless it is legible. Incomplete applications will be returned for correction (but only if a self-addressed stamped envelope is enclosed - no complete application - no space assignment!!!)
Name: First, Middle, Last: ________________________________________________________________________
Mailing Address: ________________________________________ email address: _________________________
City: __________________________________ State: ______________ Zip Code: ______________________
Daytime Area Code and Telephone Number: ____________________________________________________
Your Business Name or Organization, when applicable: __________________________________________________
3. Please furnish a description of the items you sell. Also, include two photos of your merchandise (even if you have been at Ocean Festival in the past). If you want your photos returned, please enclose a SASE.
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
4. I desire # of __________space(s) at $_____________each; and electrical service for $_____________. Enclosed is
my check or money order for $_____________, made payable to Winchester Bay Merchants Association, Inc. DO NOT SEND CASH.
5. I, as the Participant, and for the Organization, if any, named above, have read and agree to the conditions set forth in the Terms and Conditions of Ocean Festival 2007, which I have retained for reference. The undersigned certifies that (s)he has the authority to accept and sign this application.
___________________________________________ _______________________
(Signature) (date)
YOUR APPLICATION WILL NOT BE PROCESSED UNTIL WE HAVE THE INFORMATION REQUESTED BELOW. Please do not make a reference to a prior year layout.
Draw the layout of your booth below. Your diagram should be front to back as indicated in the outline. The side of the street you will be on has no bearing on what your booth layout looks like in an overhead view. One booth space is about 12 x 20 feet (actual booth widths are about 3 - 6" less than 12 feet). The space provided below is the representation of 5 spaces. Please keep in mind that all equipment, including vehicles and RV's must be kept within your assigned space. Please be as exact as possible and give dimensions.
<--------------------(Street)------------------------------------(Street)----------------------------->
(Selling Front)..............................(Selling Front).........................................(Selling Front)
<---12'--------> <------12'------> <------12'-----> <------12'------> <-----12'------>
._____. ................................................................................................................................................................
L . . . . . .
E . . . . . .
F . . . . . .
T . . . . . .
(20') . . . . . .
S . . . . . .
I . . . . . .
D . . . . . .
E . . . . . .
.................................................................................................................................................................
._____. ------------(The back side of booth)-----------------(The back side of booth)------------------------
Please use the following space for any additional remarks. If necessary continue on another sheet of paper. If you were not the original addressee, please tell us how you acquired the application.
Winchester Bay
Merchants Association, Inc.
541-297-6073 541-271-4471
email: taylormadeforfun@yahoo.com or wbmerchants@yahoo.com
http://www.winchesterbay.org
http://oceanfest.winchesterbay.org
Please read the
enclosed contract carefully to save yourself time and the cost of extra
mailings or a phone call to us!!! Every
Vendor, new or old is required to send an SASE (self-addressed STAMPED
envelope) with their application. This is so we can return any incorrectly
filled out forms.
Especially pay
attention to page four #23 it lists the things you should be returning to us
and please DONT staple ANYTHING to your application.
If you are a new
Ocean Festival Participant Welcome to the
Again, be sure to
enclose a self-addressed stamped envelope.
Incorrectly filled out applications will not be processed and you will
not be placed on the Ocean Fest map. Incorrectly
filled out forms will only be returned for correction if a self-addressed
stamped envelope is enclosed.
Camping on
Camping on
We are looking
forward to seeing all the new and returning vendors in July! Hopefully the year
2007 will be our most successful year ever!!!
Ann Warner Event
Coordinator
Phyllis Dever Event Coordinator
541-271-4471
541-297-6073