Not For Profit Food Vendor Application & Contract

2023 CHASCO FIESTA™, INC.
Not For Profit Food Vendor Application & Contract
Friday, March 24 – Saturday, April 1, 2023

Application and Contract for 2023 Chasco Fiesta™, “Not For Profit” vendor space beginning Friday, March 24, 2023, thru Saturday, April 1, 2023, located in the south side of Sims Park, with booth staging area between the Main Street entrance and the “Main Circle” of the park.

All spaces are located outside with limited access to any utilities and Vendor must provide tent, tables, chairs, and comply with tent reinforcement described in page three under contract of this application. You MUST commit to manning your vendor booth either 6 days as defined in page three under contract or the full 9 days as defined in page three under contract.

Completed application and a check payable to Chasco FiestaTM, Inc. can be mailed or delivered to: Chasco Fiesta, Inc. 5443 Main St.. New Port Richey, FL 34652.

Deadline for completed application and payment is: February 1, 2023. Should vendor need to cancel this agreement, vendor has until February 28, 2023 to cancel this contract.

Vendor understands that power is not guaranteed and will not hold Chasco Fiesta TM responsible for supplying power as limited supplied power sources are available.

Vendor does not require power.

Friday, March 24 – 5:00 PM* – 11:00 PM * Must be ready at 2:00 pm for Tent Inspections

Saturday, March 25 – 11:00AM – 10:00 PM

Sunday, March 26 – 11:00 AM – 10:00 PM

Monday, March 27 – 5:00 PM-10:00 PM

Tuesday, March 28 – 5:00 PM-10:00 PM

Wednesday, March 29 – 5:00 PM 10:00 PM

Thursday, March 30 – 5:00 PM – 10:00 PM

Friday, March 31 – 5:00 PM – 11:00 PM

Saturday, April 1 – 11:00 AM – 11:00PM

2023 Chasco Fiesta™
Food Vendor Contract
Not For Profit

Date
hereinafter known as the “Vendor”.

WHEREAS, the Chasco Fiesta™, Inc. and the Vendor desire to cooperate in order to produce and promote an event known as the Chasco Fiesta™

NOW THEREFORE, in consideration of the promises herein contained, the parties hereby agree as follow

as the Chasco Fiesta™, Inc.’s vendor and the Vendor accepts such appointment and agrees to perform the duties and responsibilities provided for herein as a NOT FOR PROFIT VENDOR authorized

Execution of this contract obligates the vendor to be actively selling its authorized product(s) for the entire term of the event during normal hours of operation.

Location of Activity: Sims Park, New Port Richey, Florida

In performing its obligations Vendor shall have the powers and authority reasonably necessary in order to
carry out said responsibilities. In no event, however, shall the Vendor be deemed a partner or joint
venture as a result of this Agreement. Vendor agrees to hold harmless the Chasco Fiesta™, Inc. against
any and all claims, debts, and liabilities arising as a result of the activities of the Vendor.

The Vendor shall use its best efforts to promote and produce the event including such services as
marketing, sales and labor as agreed to by the parties. It is the responsibility of the Vendor to be open
and serving the public during all scheduled activities as defined above in Paragraph 2. Failure to perform
satisfactorily could result in Vendors dismissed for future events.

a) Upon signing of this agreement, the Vendor shall pay Chasco Fiesta™ Inc. a non-refundable
fee of $350.00. In addition to the non-refundable fee, proceeds in the amount of fifteen
percent (15%) of net revenue shall be paid to Chasco Fiesta™ Inc., up to a maximum
contribution of $1,000. The non-refundable fee will not be used by the Vendor in calculating
the 15% fee. The non-refundable fee will be the minimum due. Capital improvements are not
valid expenses and should not be included when calculating net proceeds.

b) If tent is required, Vendor will reimburse Chasco for the rental of the tent on a separate
invoice.

c) The vendor shall be responsible for maintaining the vendor’s space and surrounding area in a
clean and orderly fashion. Gray water and grease shall be disposed of in the provided gray
water and grease tank containers or removed from the premises by the vendor. If a vendor
fails to maintain their area, the Chairman of Chasco and/or his designee will issue a warning
to the offending vendor, thereby allowing the vendor twenty-four (24) hours to rectify the
situation.

d) If the vendor fails to comply with the maintenance request, the Chairman of Chasco and/or
his designee will immediately advise the vendor of the assessment of a maintenance fee in the
amount of $25.00 per day until the offense is rectified. This fee shall be payable immediately
upon the close of the event. Failure to maintain the area and immediately pay the fee, if
assessed, will result in the vendor not being invited to participate in future Chasco Fiesta™
Inc. events.

Upon signing this agreement, the Event Host shall provide Chasco Fiesta, Inc. with a certificate of
Commercial General Liability insurance that includes Bodily Injury, Property Damage and Non-Owned
& Hired Auto coverage with a minimum liability amount of $500,000 naming Chasco Fiesta, Inc. and the
City of New Port Richey as additional insured.

All food vendors shall comply with Chapter 64E-11(10D-13) of the Florida Administrative Code and
Chapter 50 of the Pasco County Health & Sanitation Ordinance. It shall also be the responsibility of the
Vendor to investigate and comply with all city, county, state and federal laws as they relate to the conduct
of its efforts. If the Vendor violates city, county, state, federal or other governmental statute, law, rule,
regulation or ordinance, or conduct itself in a manner so as to circumvent, evade or skirt any city, county,
state, federal or other governmental statute, law, rule, regulation or ordinance, or in any way creates a bad
public image or adverse publicity for Chasco Fiesta™, Inc, Chasco Fiesta™, Inc may, upon investigation
of the facts and circumstances surrounding said events, terminate this Agreement. Such termination shall
be considered effective on the date Chasco Fiesta™, Inc. gives oral or written notice of said termination.
In no event shall termination be arbitrarily exercised by Chasco Fiesta™, Inc against the Vendor. Chasco
Fiesta™, Inc. has the right to reject any vendor or exhibitor that Chasco Fiesta™, Inc., in its sole and
absolute discretion, determines to be unacceptable or offensive and may have a vendor removed during
the event for such activity. Any monies paid to Chasco Fiesta™, Inc., as an application fee, once
accepted, is not refundable.

Distribution of any literature or promotional materials during the Chasco Fiesta™ is also prohibited.
Failure to comply may result in immediate dismissal. Vendor shall be prohibited from parking any
storage trailers in Sims Park.

Any notice to be given under this agreement by either party to the other shall be in writing and may be
affected by personal delivery or by registered or certified mail, return receipt requested. Notices
delivered personally shall be deemed communicated at the time of delivery. Mailed notices shall be
deemed communicated as of the time of mailing. Notice shall be sufficient if made to the Vendor at the
last known address, and to Chasco Fiesta™, Inc. at its principal office.

In the event of any default in the performance of the obligations of the Vendor under the terms of this
agreement, Vendor shall be required to pay any legal costs incurred by the Chamber in the enforcement of
any provision of this agreement, including reasonable attorney’s fees at both the trial and appellate levels,
in addition to any other relief to which Chasco Fiesta™, Inc. may be entitled.

Vendor agrees to indemnify, defend, and hold harmless Chasco Fiesta™, Inc. and each of its members,
agents, employees, officers, and directors from and against any and all actions, claims, liabilities,
assertions of liability, losses, costs and expenses, including but not limited to attorney’s fees and court
costs, which in any manner may arise or be alleged to have arisen from the presence, activities and
omissions of the Vendor, his agents or employees, at or adjacent to the location of the activity specified in
this agreement, including, but not limited to, any claims for bodily injury or death of any persons and for
any loss or damage to property.

This agreement shall be governed by the laws of the State of Florida. It constitutes the complete and
exclusive statement of the Agreement between the parties, superseding all proposals, oral or written, and
all other communications between the parties relating to the subject matter of this agreement. Venue for
any litigation shall be in Pasco County, Florida.

If any provision or provisions of this Agreement shall be held to be invalid, illegal, or not enforceable, the
validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be
affected or impaired thereby. No assent expressed or implied to by breach of one or more of the
covenants and agreements hereof shall be deemed to be a waiver of any succeeding or other breach.

If the Vendor defaults in the performance of any of the terms or conditions of this agreement and fails to
cure the default within five (5) days after service of written notice of the default, Chasco Fiesta™, Inc.
shall have the right to terminate this agreement without further notice.

This agreement contains the entire agreement of the parties relating to the activities of the Vendor. It may
not be changed orally, but only by an agreement in writing signed by the party against whom enforcement
of any waiver, change, extension, modification, or discharge is sought.

If this offer is not executed by and delivered to all parties on or before February 28th, 2023, this offer shall be
withdrawn.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and the year first set forth above.

Chasco Fiesta™, Inc.
Name & Title
Vendor
Name & Title