*In the event the Festival is canceled by the City of Noblesville, the Vendor shall receive a full refund.*

The Noblesville Fireworks Festival Committee (“The Festival Committee”) and the undersigned Vendor booth holder (“Vendor”) enter into this contract for booth space, subject to and on the following conditions:

1. The Festival Committee grants, and the Vendor accepts, a license to use booth space (10’ x 10’) or bigger for food trucks, in a location designated by the Festival Committee, at the Noblesville Fireworks Festival to be held at Forest Park (701 Cicero Road) on Thursday, July 4, 2024.
   
   
2. In consideration for the use of the booth space, the Vendor will pay to the Festival Committee a non-transferable fee of $175.00 ("the fee”) per space. In the event the Festival is canceled, the Vendor shall receive a full refund of this amount.
   
   

3. The Vendor will not be permitted to access Forest Park prior to 2:30 p.m. on Thursday, July 4, 2024. Entry onto the premises prior to 2:30 p.m. may, at the Festival Committee’s discretion, result in ejection from the Festival and the forfeiture of the fee. The vendor must be on-site by 3:30 p.m. and ready to serve at 5:30 p.m.  The Vendor, together with all its employees, agents, and property shall vacate this same area no later than 11:59 p.m. on Thursday, July 4, 2024, but not before 11:00 p.m., Thursday, July 4, 2024. Any vendor that leaves prior to the 11:00 p.m. assigned time may not be asked to come back for future festivals.  Any property not removed from the area at that time may, at the Festival Committee’s option, be removed there from and disposed of, at the Vendor’s expense.

4. The Vendor shall not bring or permit any of its agents or employees to bring any alcoholic beverages or pornographic materials on the grounds.
   
   
   
5. The Vendor shall not bring or permit any of its agents or employees to bring any hazardous materials including, but not limited to, fireworks, on the grounds.
   
   
   
6. The Vendor shall not commit or permit its agents or employees to commit any waste or damage to the Forest Park grounds in any manner nor violate any federal, state, and county or city law, ordinance, rule or regulation. The Vendor shall keep the booth space in a safe, clean and orderly condition and shall not permit any rubbish or refuse to accumulate outside the boundaries of the booth space.
   
   
   
7. ALL Vendors must have their own general liability insurance. The policy must be for a minimum of $1,000,000 coverage. Certificates of Insurance must name the City of Noblesville as a beneficiary AND an additional insured in regards to this event. The Vendor is solely responsible for damages resulting from the sale of goods and services in addition to any accidents occurred while at the Festival and/or on City Park property. Vendor agrees to indemnify, and hold harmless the Festival Committee, City of Noblesville, the Noblesville Parks & Recreation Department and all public officials, officers, directors, employees, and agents of the above from any and all liability, loss or damages which may be incurred as a result of any and all claims, demands, costs, judgments or expenses, including attorney’s fees, arising from Vendor’s participation in Noblesville Fireworks Festival. 
   
   
   
8. ELECTRICAL: There will be no electrical outlets or connections made available during the event for food vendors.
   *New This Year - Vendors must use inverters instead of generators to power their booths and help minimize noise pollution at the event.
   
   
   
9. WATER: There will be no water connections made available during the event for food vendors.  All water should be brought into the festival area using basins, tubs, etc. per health department code. In addition, the Noblesville Parks Department and the Fourth of July Festival cannot provide ice to food vendors on site. All ice should be brought with the vendor when arriving onsite. 
   
   
   
10. The Vendor agrees to the following:
    A) To provide a Certificate of Insurance in an amount and in the form required by the City of Noblesville and the Festival Committee and booth fee of $175.00. If your check lists a name that is different from your food truck, please list your truck name in the memo.
    
    B) To provide the necessary materials and equipment needed for operation of Vendor’s booth.
    
    C) To be subject to inspection for compliance with safety requirements and festival rules at all times.
    
    D) That Vendor will NOT drive tent stakes, poles, or other devices into any paved surface.
    
    E) That Vendor will ensure any and all cords, hoses, and other items associated with Vendor’s operations that cross pedestrian pathways are protected in a manner that prevents a tripping hazard.
    
    F) That Vendor and Vendor’s employees and agents will conduct themselves in a professional and courteous manner at all times.
    
    G) Subletting of space is strictly forbidden.
    
    H) That Vendor is responsible for the cleanliness of Vendor’s assigned location at all times.
    
    I) To set up Vendor’s booth space no earlier than 2:30 p.m. and to be ready for business no later than 5:30 p.m. The booth is to remain operational until closing at 10:00 p.m.  Ceasing operation of Vendor’s booth space may result in Vendor being barred from participating in future Festivals.
    
    J) To completely tear down and remove booth and all materials, trash, garbage, equipment and other property by 11:59 p.m., July 4, 2024.
    
    K) That neither the Noblesville Fireworks Festival Committee, nor the City of Noblesville, nor Noblesville Parks & Recreation are responsible for damage, accident, or injury, (including death) to the person or property of the Vendor including the guests, licensees, invitees of the Vendor, its employees, or agents. The Vendor hereby releases the Noblesville Fireworks Festival Committee, the City of Noblesville, and Noblesville Parks & Recreation from all liability thereof.
    
    L) Vendor agrees to indemnify the Noblesville Fireworks Festival Committee, the City of Noblesville, and the Noblesville Parks & Recreation from and against any and all damages, causes of action, claims, costs, and attorney fees incurred by the Noblesville Fireworks Festival Committee, the City of Noblesville, and the Noblesville Parks & Recreation in connection with the event.
    
    M) To park and locate its vehicles, equipment, and other property in such location as the Festival Committee directs.
    
    N) To comply with all local, state, and federal laws, statutes, ordinances, rules, requirements and regulations.
    
    O) To provide the Festival Committee with a list of all foods, beverages, and/or information items to be sold or dispensed in any way. This includes informational handouts.
    
    P) To provide the Festival Committee with samples of any and/or all items to be sold or dispensed if so requested by the committee.
    
    Q) Vendor will NOT sell and/or distribute any craft items.
    
    R) That determining if an item or activity constitutes a craft purpose is solely at the discretion of the Festival Committee
    
    S) All rules and regulations required by the Hamilton County Health Department (HCHD) are in effect at the Noblesville Fireworks Festival. In accordance with these rules and regulations, a Certified Food Handlers Permit is required as recognized by the HCHD.  This Permit must be displayed at the Festival. Please call the HCHD at 317-776-8500 if you have any questions regarding permits.   
    
    T) That while on site, including both before and after the Festival, Vendor will follow any and all directions from Police and Fire personnel, employees of Noblesville Parks & Recreation, employees of the City of Noblesville, and members of the Festival Committee.
    
    
11. The Festival Committee reserves the right, and Vendor agrees, to eject Vendor from the premises without refund or recourse for a breach of any one of the above terms or any applicable laws or regulations.
    
    
    
12. This constitutes the entire agreement between the parties hereto, and no modifications of this agreement or waiver of the terms and conditions hereof shall be binding upon the parties unless approved in writing by both parties.
    
    
    
13. Should any part of this Agreement be rendered or declared invalid by an Indiana court of competent jurisdiction, such invalidation of such part or portion of this Agreement should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
    
    
    
14. This agreement shall be governed, construed and enforced in accordance with the laws of the State of Indiana.

XV.    Venue for disputes of the Agreement shall be in Hamilton County, Indiana. 

This agreement is executed by the applying vendor named below and if accepted, the vendor must provide a certificate of insurance which can be attached to this application, mailed, faxed, or emailed to the following:
Noblesville Fireworks Festival Committee;
Attn:  Erin Hinshaw,
701 Cicero Road; Noblesville, IN  46060.  

For more information or questions, contact Erin Hinshaw at (317) 776-6350 or [email protected].