Holiday Festival Vendor Information

PORTER-GAUD HOLIDAY FESTVAL TERMS AND AGREEMENTS

Vendor Application Requirements:

1. The Porter-Gaud Parents Association (PGPA) is pleased to present the 2024 Holiday Festival Vendor Application. A committee curates the lineup by selecting vendors who will best suit the theme and contribute to the overall experience. Entries are limited in each vending category per the scale of the event.

2. Applications will be reviewed weekly starting October 15, 2024. Vendors will be notified of their application status as they are reviewed. Please allow up to two weeks for the event organizer to respond to your entry. The application closes when all vending spaces have been filled.

3. It is your responsibility to obtain the necessary licenses for your business to operate within the State of South Carolina and the City of Charleston, including but not limited to: a business license, retail tax license, liability insurance, etc.

4. Packaged food vendors must show proof they are compliant with government agencies by working from a DHEC-approved kitchen. Food trucks are not eligible for participation in this event. Savory, Dessert and other specialty packaged food vendors who do not operate from a truck are eligible to apply.

Vendor Application Overview and Event Guidelines:

1. The 2024 PGPA Holiday Festival is open to the public on Saturday, December 7, 2024 from 10:00AM-3:00PM. The event is managed by the PGPA Holiday Festival Planning Committee. Paper applications are not accepted. Please submit your application online by completing this form.

2. The selection of vendors for this event is mindfully curated to offer attendees a specialized shopping experience. Third-party sales vendors and other corporate entities are discouraged from applying in favor of vendors selling more delicately sourced or handmade goods. Our objective is to promote small business owners and their products at this event.

3. The vending fee is paid directly to the Porter-Gaud Parents Association. Vending fees are non-refundable. The event will remain as scheduled in rain or shine.

4. No-call, no-show vendors who do not report in for the day of the scheduled event, will automatically forfeit any vending fees paid and their eligibility to participate in future events. In case of an emergency or unforeseen event (i.e. traffic), please call the event manager as soon as you know you will be running late. No vehicles will be allowed to enter the premises one hour prior to the event start time.

5. The provided vending areas begin at 8'x8'. Vendors are responsible for bringing their own display materials to fit within their reserved area.

6. It is recommended for all in attendance to practice safe, sanitary habits. Stay home if you are feeling ill. Vendors are advised to have hand sanitizer available at their stations for personal use.

7. No smoking is allowed anywhere on campus. Open flames are not permitted inside the building.

8. Breakdown must occur at the end of the event. Departing early from the event site is not permitted and may affect your ability to participate in future events. When the event is over, fully pack all of your belongings before bringing your vehicle into the loading zone. The loading zone is an active, pedestrian-facing area. Please move safely and efficiently through this space out of respect for your fellow vendors. The event organizers are not responsible for damage incurred to your vehicle or your materials while you are setting up, vending, or breaking down. The event organizer will notify vendors when vehicles may access the event site for breakdown. DO NOT attempt to drive through a crowd of people. The event organizers reserve the right to revoke access to the loading zone during breakdown to prevent vehicles from entering or exiting amongst pedestrians.

9. Vendors are required to remove all trash from their vending area. Please leave the space exactly as you found it. Vendors are responsible for their vending area and will be billed for the value of repairing any damages caused to their assigned area or venue. All vendors participate in this event at their own risk and responsibility.

10. Vendors must treat event organizers, fellow vendors, venue staff, affiliated support staff, and customers with respect at all times. Vendors are responsible for resolving their own disputes with customers and peers. Abusive, profane, threatening, or harassing language or harmful actions towards anyone will not be tolerated. ALL responsible individuals will be asked to leave immediately. We do not tolerate hate speech, profanity, or senseless acts of emotional or physical harm. Please act accordingly.

11. Possession of firearms, fireworks, gambling, use of drugs, or disorderly conduct by a vendor or his/her employees will also result in the individual and business being asked to leave.

12. Hawking is not permitted. Vendors may offer samples immediately in front of their assigned booth space if compliant with DHEC guidelines. Venturing beyond this assigned area to draw customers to your booth is not permitted. It is considered hawking. Please respect your fellow vendors and shoppers by limiting any sales speech to your reserved area.

13. Vendors who violate any of these event guidelines will be asked to leave and they will no longer be eligible to participate in any of our events. The event organizer has the right to remove any vendor, employee, or customer from the event at any time for any reason.

14. By completing this application, all vendors are agreeing to hold the PGPA Holiday Festival Planning Committee and their affiliates harmless.

15. Vendors are not insured by this event. All vendors are committing to a hold harmless agreement with Porter-Gaud Schools and the PGPA Holiday Festival Planning Committee by completing this application to participate in the 2024 PGPA Holiday Festival. All individuals are responsible for their own well-being by relying on their own self, product, professional and personal liability by participating in this event.

Anticipated Set Up and Breakdown Schedule: *Subject to change, detailed instructions will be emailed to approved vendors within 10-14 days of the event.

*Saturday, December 7, 2024*

• 8:00 AM Wendell Center open for vendor access
• 9:30 AM All vendors checked in for the event
• 9:45 AM All vendors open and ready for sales
• 10:00 AM The PGPA 2024 Holiday Festival Opens
• 2:00 PM The PGPA 2024 Holiday Festival Closes
• 3:30 PM All vendors cleared out of the gym
• 4:00 PM Loading zone is cleared, gates locked

Please direct all inquiries to: pgholidayfestival@gmail.com

Applicant understands and agrees to the following Hold Harmless Agreement *

1. Application must be complete & signed for review. Incomplete applications will not be considered. The PGPA Holiday Festival Planning Committee reserves the right to decline any applicant for any reason.

2. Permits and Licensing
a. Vendors are responsible for obtaining all required governmental permits (i.e., health, fire, business, city licenses, insurance, etc.). Any Vendors serving food must abide by all rules and regulations set by the South Carolina Department of Health and Environmental Control (DHEC).

b. Upon execution of this Agreement, copies of all required governmental permits and licenses must be submitted to The PGPA Holiday Festival Planning Committee. c. A failure to submit these documents within 30 days before the event may result in a vendor being removed from the event and any vendor fees paid to date will be forfeited. d. Any permits and licenses that expire prior to the event date will need to be resubmitted upon receipt.

3. Taxation Sales Tax
a. All vendors shall be solely responsible for collecting and reporting sales tax. Appropriate forms can be downloaded from www.sctax.org.

b. Hospitality Tax: All food Vendors shall be solely responsible for reporting their hospitality taxes to the City of Charleston.

4. Insurance a. Insurance Requirements: All Vendors must carry a general liability insurance policy. The PGPA Holiday Festival Planning Committee and affiliates may not be held responsible for any unforeseen circumstances, loss, theft or damages that occur at this event.

5. Payment of Fees
a. The full balance of the vendor fee will be charged upon acceptance into the event.

b. The vendor fee is non-refundable. 6. Refunds or Liabilities a. The PGPA Holiday Festival Planning Committee will not be liable for refunds or any other liabilities whatsoever for the failure to fulfill this contract due to any of the following causes:

i. By reason of the enclosure in which the event is to be produced, being, before or during the event, destroyed by fire or other calamity.

ii. By any act of god, public enemy, strikes, statutes, ordinances of any legal authority, or any other cause beyond The PGPA Holiday Festival Planning Committee's control.

iii. For any reason mentioned in the above vendor application requirements.

7. Vendor Location
a. Within a reasonable time before the event, The PGPA Holiday Festival Planning Committee will designate and communicate loading instructions.

b. The PGPA Holiday Festival Planning Committee makes no guarantees on booth placement and reserves the right to move vendors as needed.

c. In any case where an automobile or moving vehicle is a part of an exhibitor’s display, said vehicle is required to stay in place for all hours that the event is open. All other vehicles are required to move following setup.

8. Set Up and Breakdown
a. Vendors will be notified by email when final set up and breakdown times have been set. These times must be strictly adhered to or access to the event may be denied.

9. Parking and Traffic
a. Vendors are responsible for their own parking. All vehicles used for loading and unloading must be removed from the event area no later than 30 minutes prior to the start of the event. Vehicles left inside the event footprint after the time may be towed at owner’s expense.

b. Vehicles will not be allowed to access the event site for breakdown until all guests have safely exited event site and security has opened the vehicle/vendor access gates.

10. Fire Extinguishers/Fire Code Regulations for Active Food-Related Vendors
a. All Food Vendors are required to maintain at their location a workable fire extinguisher. i. 2A Extinguisher – All Vendors & K-Glass Extinguisher – Food Vendors w/ Oil/Frying

b. All tents and signage are required to be flame retardant and have the necessary tag stating such.

c. City inspectors may make surprise visits and will automatically close down a Vendor’s booth, location or designated space if found not to have the proper equipment. If you booth is closed down by a city or state official, any vendor fees paid will be forfeited.

11. Indemnity/ Hold Harmless
a. VENDOR HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE EVENT COOPERATIVE, HOLY CITY HOLIDAY MARKET, THEIR OFFICERS, MEMBERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY AND EXPENSE, INCLUDING ATTORNEY’S FEES AND COURT COSTS, IN CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY AND/OR DAMAGE TO PROPERTY ARISING FROM OR OUT OF THE EVENT. VENDOR AGREES TO BE SOLELY RESPONSIBLE FOR LOSS OR DAMAGE TO ITS PERSONAL PROPERTY WHILE ON THE PROPERTY WHERE THE EVENT IS BEING HELD AND HEREBY WAIVES ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE OR PROPERTY LOSS RELATED TO THE PRESENCE ON THE PROPERTY PURSUANT TO THIS INDEMNITY PROVISION. FURTHER, THE VENDOR AGREES THAT IT HAS INSPECTED THE AREA IN WHICH THE EVENT WILL OCCUR AND ACCEPTS IT AS SUITABLE FOR ITS INTENDED USE, AND AGREES THAT IT WILL USE THE AREA AT ITS SOLE RISK.

12. Vendor Waste and Trash
a. Vendors are responsible for keeping their area neat and clean and free of loose trash, wrappers, napkins, flyers, or other refuse generated by their operation. Vendor should plan on having sufficient trash bins and bags for internally-generated trash, as well as trash from serving counters such as condiment wrappers, etc.

b. Each Vendor is responsible for collecting and bagging trash, and disposing of it in festival-provided dumpsters. c. Unbagged or loose trash left by Vendor after breakdown shall result in additional cleaning fees starting at $500.00 as assessed to Vendor.

13. Event Policies Pertaining to Food Vendors
a. Health Inspections: All vendors will be required to meet DHEC regulations including, but not limited to, food temperatures, cross-contamination, booth cleanliness, hand washing, and washing of utensils used in food preparation. The promoter or coordinating vendor agent reserves the right to stop food sales of any vendor he or she deems not to be operating in a safe manner.

b. Grease and Gray Water Disposal: Vendor is required to remove all grease and gray water produced by their operation off of the event site. Under no circumstances will grease or gray water be allowed to be poured upon concrete or pavement, on grass, or in storm drains on the event site. Any violation of this policy will result in close-down and ejection from the event, and possible prosecutions by City of North Charleston authorities.

c. Beverage Sales: Vendors may not sell any beverages without express written consent of the promoter. These items must be listed on the vendor’s application for approval by promoter. Alcoholic beverages may not be sold by any vendor. Promoter has the right to prohibit any beverage sales. Vendors violating the beverage sale policy will be asked to close-down and will not be allowed to participate in future events.

14. General Exhibit Rules
a. Vendor must be present and staff their booth, location or designated space at all times for the entire event.

b. All Vendor booth setups must be confined to their assigned booth space.

c. Vendors may only sell items specified on the vendor application.

d. Vendors are responsible for the protection of their work, materials and setup. Promoter will not be responsible for damage or loss to work, materials and/or setup.

e. Booth, location, or designated areas may not be transferred, re-assigned or sublet by the vendor.

f. An onsite walk-through will be conducted prior to gates opening to ensure that exhibition standards and rules are followed.

g. Work exhibited and sold must be of the same quality and type as the work submitted for selection.

h. Prior to the vendor’s departure from booth, location, or designated area, the space must be returned to original condition.

i. Loud music, television, videotape and/or computer setups will not be permitted unless authorized by promoter. 

15. Marketing
a. Vendors acknowledge and understand that their voice, name, and image (and the employees of their company) may be recorded by various mechanical and/or electrical means. Vendors release any claim (as individuals or as a company) they might have in law or equity in connection with the utilization of such material by The PGPA Holiday Festival Planning Committee.

b. By signing this agreement, you authorize The PGPA Holiday Festival Planning Committee and grant unto them or their assignees the absolute right to use said materials in connection with advertising, publicity, exhibitions, or, without limitation, any other purpose.

16. Governing Law
a. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina without regard to conflict of laws principles. The headings used in this Agreement are for convenience only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.

17. Arbitration
a. Any dispute or controversy arising under or in connection with this Agreement shall be submitted to binding arbitration in accordance with the requirements of the South Carolina Uniform Arbitration Act as then in effect (“SCUAA”). All arbitration proceedings shall be conducted in Charleston County, South Carolina. The arbitrators shall be selected as provided in the SCUAA, and the arbitrators shall render a decision on any dispute within one hundred twenty (120) days after the last of the arbitrators has been selected. If any party to this Agreement fails to select an arbitrator with regard to any dispute submitted to arbitration under this Section, within thirty (30) days after receiving notice of the submission to arbitration of such dispute, then the other party shall select an arbitrator for such non-selecting party, and the decision of the arbitrators shall be binding upon all the parties to the dispute, their personal representatives, legal representatives, heirs, successors and assigns. Each party to an arbitration proceeding under this Section shall pay an equal portion of all arbitrators’ expenses and fees, together with other expenses of arbitration, except that the parties shall bear their own respective expert witness, professional and attorneys’ fees.

18. Entire Agreement; Amendment
a. This Agreement constitutes the final and complete understanding of the parties regarding the subject matter hereof. This Agreement may not be amended or modified except by a subsequent written instrument evidencing the express consent of each of the parties, duly executed by the parties.

19. Waiver
a. The failure of either party hereto to insist in any instance upon the strict performance of any provision of this Agreement or to exercise any election contained herein shall not be construed as a waiver or relinquishment for the future of such provision or election. No waiver or modification by any party shall have been deemed to have been made unless expressed in writing by such party.

20. Severability
a. Whenever possible, each provision of this Agreement, will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.

21. No Third Party Rights
a. The provisions of this Agreement are for the exclusive benefit of the parties to this Agreement, and no other person (including without limitation any creditor of any party to this Agreement) shall have any right or claim against any party to this Agreement by reason of those provisions or be entitled to enforce any of those provisions against any party to this Agreement.

22. Section Headings
a. The headings used in this Agreement are for convenience and reference only and shall not create any rights or obligations or in any way define, limit, describe, interpret, or affect the scope or meaning of this Agreement.