This Sponsorship Agreement (the “Agreement”) is made and entered into as of the last signature date below (the “Effective Date”) by and between PRIDE CAPE CORAL and the sponsor identified below (“Sponsor”).

RECITALS

PRIDE CAPE CORAL is hosting the PRIDE Cape Coral (the “Event”) on March 4-5, 2022 and Sponsor desires to sponsor the Event.
In consideration of the mutual promises and covenants contained in this Agreement, the parties hereby agree as follows:

1. PRIDE CAPE CORAL Obligations. In consideration for Sponsor’s participation in the Event, PRIDE CAPE CORAL shall provide the Sponsor the benefits set out in Appendix, which is incorporated and hereby made a part of this Agreement.

2. Sponsor Obligations. For its participation as a Sponsor in the Event, Sponsor shall pay to PRIDE CAPE CORAL a fee (the “Sponsorship Fee”), as set initialed below:

   PARADE HOST SPONSOR – $10,000DIAMOND SPONSORSHIP – $7,500EMERALD SPONSORSHIP – $5,000BRUNCH SPONSORSHIP – $5,000PLATINUM SPONSORSHIP – $3,200GOLD SPONSORSHIP – $1,000SILVER SPONSORSHIP – $500BRONZE SPONSORSHIP – $250

   The Sponsorship Fee is payable to PRIDE CAPE CORAL, on the date of Agreement signing unless invoicing is arranged in advance.

3. Sponsor Trademarks/Sponsor Materials. Subject to the terms and conditions of this Agreement, Sponsor grants to PRIDE CAPE CORAL the right to use Sponsor’s trademarks, trade names, and logo designs and company descriptions as prepared and delivered to PRIDE CAPE CORAL by Sponsor (“Sponsor Materials”), in any medium of advertising, marketing materials, and/or promotional goods distributed solely in conjunction with the Event and in accordance with Sponsor’s trademark usage guidelines.

4. Indemnity.

   1. PRIDE CAPE CORAL shall not be responsible for any loss of or damage to property of Sponsor, its employees, agents, contractors or assigns nor for any personal injury to Sponsor’s officers, directors, employees, agents, contractors and/or invitees except to the extent any such claims may be directly and solely attributable to the gross negligence or willful misconduct of PRIDE CAPE CORAL, its directors, officers, and/or employees.

   2. Sponsor shall indemnify, defend, and hold PRIDE CAPE CORAL harmless from and against any claims arising out of, or relating directly or indirectly to, content on their respective websites, use of Sponsor’s trademarks and logos, and Sponsor Materials.

   3. Sponsor will give PRIDE CAPE CORAL prompt written notice of any claim or suit coming within the purview of these indemnities.

   4. PRIDE CAPE CORAL shall not be held responsible for any injury or complaint to any parties attending the event in the VIP area or any area during the event.

5. Limitation of Liability. Except with respect to Section 8.3, in no event shall either party be liable to the other party for any incidental, consequential, indirect, or punitive damages (including but not limited to lost profits) regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranties, failure of essential purpose or otherwise and even if advised of the possibility of such damages. Notwithstanding anything else in this Agreement, PRIDE CAPE CORAL’S liability for any claim against PRIDE CAPE CORAL shall be limited to the funds available in its own bank account at the time of the claim.

6. Representations. Each party hereby represents and warrants that it has the full power to enter into and perform according to the terms of this Agreement.

7. Term and Termination.

   1. Term. Subject to the terms and conditions herein, this Agreement shall be effective upon the Effective Date and shall continue through March 13, 2022 (one week past the event date), unless earlier terminated as otherwise provided in this Agreement (the “Term”).

   2. Termination by PRIDE CAPE CORAL. PRIDE CAPE CORAL shall be entitled to cancel the Event and/or terminate this Agreement at any time for any reason. In the event PRIDE CAPE CORAL terminates this Agreement for any reason other than Sponsor’s breach PRIDE CAPE CORAL shall refund any fees received from Sponsor and return any materials loaned by Sponsor for the Event.

   3. Termination by Sponsor; Effect of Termination

      1. Sponsor may terminate this Agreement for breach by PRIDE CAPE CORAL after giving PRIDE CAPE CORAL at least thirty (30) days prior written notice specifying the nature of the breach, and giving PRIDE CAPE CORAL no less than ten (10) days to cure such breach. In the event such breach remains uncured at the end of the notice period, this Agreement shall terminate on the tenth day. If breach occurs fewer than ten (10) days prior to the Event, Sponsor may terminate this Agreement for breach if such breach is not cured by the day of the Event.

      2. If PRIDE CAPE CORAL terminates this Agreement for Sponsor’s breach, PRIDE CAPE CORAL shall retain any fees received from Sponsor which fees shall be due and payable notwithstanding any such termination. Any tangible materials loaned by Sponsor shall be returned at the end of the Event and, in the interim, may be used for the purposes contemplated herein notwithstanding such termination.

      3. If Sponsor terminates for PRIDE CAPE CORAL’S breach, Sponsor shall be entitled to seek a full refund of any fees paid and for the return of any materials loaned by Sponsor.

   4. Survival. In the event of termination or expiration of this Agreement, paragraphs 4, 5, 6, 7 and 8 shall survive.

8. Miscellaneous.

   1. Notices. All notices, authorizations and requests in connection with this Agreement shall be deemed given on the day they are (i) deposited in the mail, postage prepaid, certified or registered, return receipt requested; (ii) sent by air express courier, charges prepaid; or (iii) sent by fax as indicated by a fax confirmation sheet; and sent to the address in the recitals. Sponsor agrees to send a copy of any notices, via email to: info@pridecapecoral.com.

   2. Relationship. This Agreement does not constitute and shall not be construed as constituting a partnership, or joint venture relationship between or among the parties.

   3. Confidentiality. Each party expressly undertakes to retain in confidence all information and know-how transmitted to it by the other party that the disclosing party has designated as proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential, and will make no use of such information and know-how except under the terms, for the purposes of and during the existence of this Agreement. Each party’s obligations under this Agreement with respect to any particular information shall extend to the earlier of such time as such information is publicly available through no fault of the receiving party or five (5) years following termination of the Agreement.

   4. Governing Law/Jurisdiction. This Agreement shall be governed and interpreted in accordance with the laws of the State of Florida. Sponsor consents to the exclusive jurisdiction and venue of the courts in the State of Florida.

   5. Assignment. This Agreement may not be assigned by either party without prior written consent of the other party.

The sponsor agrees to purchase a sponsorship package at the level selected on page (1).The parties have executed this Agreement as of the date set out below:

Corporate Sponsor Name:

Contact Name:

Title:

Date:

Email

Phone number

Applicant’s Legal Name:

Organization:

City:

State:

Zip:

Phone:

Email:

Day-of Contact:

Contact’s Phone:

Estimated Number of Participants:

I am entering
Floats– How many?
Trailers– How many?
Motorcycles– How many?
Cars or Pickup Trucks– How many?

(Please Note: Proof of Insurance is REQUIRED for floats, trailers, motorcycles, cars & trucks. Insurance must be emailed to info@pridecapecoral.com within 3 days of application submission)

Marching Unit
Step Team
Other–

Will your group have live entertainment, music, or a performance? YesNo

If Yes, please describe:

Note: ALL vehicles, floats & props must be NO WIDER THAN 10 FEET! All vehicles must be decorated. NO ITEMS – CANDY, NECKLACES, ETC. – MAY BE THROWN FROM MOVING VEHICLES.

In participation for PRIDE Cape Coral 2022, I hereby, for myself, my heirs, executors and assigns, do waive, release, and hold the PRIDE Cape Coral and the City of Cape Coral harmless from all claims or causes of action for damages or personal injury suffered by me while participating in this event. Whether known or unknown, I understand that I am assuming the risk for any damage or injury to my property or person which I may sustain while participating in this event. If I should suffer any injury or illness, I authorize the employees and volunteers of PRIDE Cape Coral and the City of Cape Coral to use discretion to have me transported to a medical facility, and I take full responsibility for such discretionary action. I hereby authorize PRIDE Cape Coral and any of its partners or sponsors use of any photographs, videos, pictures or other material related to my participation in this event for publicity, promotion or news purposes. Organizers reserve the right to deny any application at any time, and to deny any approved applicant entry into the parade should he/she arrive after staging is complete or if entry is not properly decorated.

Signature of the applicant listed above:

Date:

Business Name:

City:

State:

Zip:

Phone:

Email:

I understand that my business logo will appear at the bottom on both sides of a 30” x 60” banner that will hang in South Cape — on either Cape Coral Parkway or SE 47th Terrace — during the designated dates (TBD) of February & March 2023.

I would like to sponsor
1 Street Banner2 Street Banners3 Street Banners4 Street Banners

I will send a high resolution file of my logo to info@pridecapecoral.com as soon as possible.

Signature (business representative):

Date:

Sponsorship is available on a first come, first served basis. PRIDE Cape Coral has the right to deny any sponsorship for any reason. PRIDE Cape Coral, along with the City of Cape Coral, is not responsible for banners damaged due to weather or related issues. This agreement is made in good faith.

Volunteer Name:

Address:

City:

State:

Zip:

Phone:

Email:

Signature:

Date:

Volunteer opportunities are available on a first come, first served basis. If you have questions contact us. info@pridecapecoral.com by 02/4/2023.

Applicant’s Legal Name:

Organization/Company:

City:

State:

Zip:

Phone:

Email:

Contact’s Phone:

Type of Act/Entertainment:

Hourly Rate:

Please note: this is an application & does not guarantee or confirm a contract with PRIDE Cape Coral as an entertainer for the event. After board review & approval, a decision will be made. If considered, a representative will be in contact.

Signature of the applicant listed above:

Date:

Business Name:

Address:

City:

State:

Zip:

Phone:

Email:

I have a:
trailertruckcart

Trailer/truck/cart size:

Please list cuisines & menu items offered the day of the event:

Basic electricity by generator is provided to power your lights

Please note: This application does not guarantee or confirm a contract with PRIDE Cape Coral as a Food Truck Vendor for the event. After board review & approval, a decision will be made. If considered, a representative will be in contact.
A $100 nonrefundable payment is required should this application be approved. I agree to accept all responsibility for any personal injury, property damage, loss or other harm suffered by myself or otherwise due to my participation in the event. Further, I shall indemnify and hold harmless PRIDE Cape Coral and the City of Cape Coral against all suits, claims, demands and losses including costs, expenses and attorney’s fees incurred as a result of any action or omission, neglect or misconduct of the Food Truck/Vendor.

Note: All communication coming from EVENT will be electronic; a valid email address is required.

PAYMENTS & FEES

Vendors pay a non-refundable fee of $100.

Vendors are required to pay and secure any city, county or state licenses as applicable.

Vendors are required to file & pay their own State of Florida sales taxes.

A $30 fee will be assessed for any checks with insufficient funds or returned.

Vendor spots are NOT secured until payment is made. Failure to pay by the deadline may forfeit your space.

COVID-19 Contingency Plan:
Should PRIDE Cape Coral need to transition to a virtual event, all deposits will be refunded. PRIDE Cape Coral and its partners and representatives shall not be held liable for any loss incurred in the event of forced event cancelation.
RULES AND REGULATIONS FOR ALL FOOD & SNACK VENDORS ON-SITE

Per city regulations:
Event concession stands/ trailers/ tents using deep fat fryers shall comply with NFPA 1- 50.2.1.9* Cooking equipment used in fixed, mobile, or temporary concessions, such as trucks, buses, trailers, pavilions, tents, or any form of roofed enclosure, shall comply with NFPA 96 or this chapter unless otherwise exempted by the AHJ in accordance with 1.3.2 of NFPA 96. [96:4.1.9]. NFPA1-50.2.1.1 Cooking equipment used in processes producing smoke or grease- laden vapors shall be equipped with an exhaust system that complies with all the equipment and performance requirements of this chapter. [96:4.1.1]. NFPA 1-50.4.3.2* Cooking equipment that produces grease-laden vapors and that might be a source of ignition of grease in the hood, grease removal device, or duct shall be protected by fire-extinguishing equipment. [96:10.1.2] and shall have one 2-A: K class fire extinguisher within 30’ of the cooking appliance. All fire extinguishers must be tagged annually by a Licensed Florida Fire Extinguisher Company. Typical appliances include; deep fat fryers; griddles, range tops; upright, natural charcoal, or chain-type broilers; electric, lava rock, mesquite or gas-radiant char-broilers and woks. All cooking must be 10 feet from an occupied public tent. All LP tanks and lines shall be secured and tested for leaks prior to each use.

All vendors with propane tanks are required to bring all necessary equipment to properly secure them.
No grease or gray water disposal is available. All vendors must take care of their own waste.
Vendors are responsible for removing debris and ensuring the general cleanliness of the area around their station.

HEALTH PERMIT:

All Food/Snack Vendors must display the appropriate Food Service Establishment Permit.

CERTIFICATE OF INSURANCE:

Food truck vendors must provide a certificate of liability insurance for $1,000,000 naming PRIDE Cape Coral as additional Insured.

CHECK-IN/SET-UP

Food/Snack Vendors are required to check-in at event Registration location prior to setting up. Registration information will be provided no later than the Monday prior to the event.

Photo ID is required at check-in.

Set-up is from 10am to 2pm. You must be fully ready for inspection by 2pm and ready to serve at 4pm, and serve until 10pm.

Tear-down cannot start until the event ends at 10pm. Tear-down must be completed by midnight.

MENU:

Vendors are allowed only to sell the menu items submitted on the approved application. Any change requests must be made to PRIDE Cape Coral in writing (email is okay) and be approved before they can be served.

No alcohol may be served by Vendors.

All food vendors must sell water.

Prices must not differ from those submitted on the approved application. Should a change be necessary, a request must be made to PRIDE Cape Coral in writing (email is okay) and be approved.

ADDITIONAL REQUIREMENT:

All food vendors shall display a self-provided pump bottle of hand sanitizer for use by their guests.

LOCATION:

Vendors will be set up in specific locations. Vendors may not change locations without approval. Vendors may not expand beyond their allotted space without approval.

PRIDE Cape Coral reserves the right to change a Vendors’ location at any time before or during the event.

ON-SITE SAFETY & SECURITY

Applicants shall sell and serve food at their own risk.

Applicants must obey all pertinent safety codes and laws, including, but not limited to, fire, safety and parking regulations.

PRIDE Cape Coral reserves the right to shut down any vendors not meeting cleanliness and food storage safety codes and laws.

Canopy tents must be fire retardant; open flames must be located a minimum of 10’ away from all canopy materials

All canopies, tents and other temporary structures must be weighted down before you are permitted to open, with the equivalent of 40-pounds per pole minimum. Booths may not open until properly weighted down.

WEATHER:
Event will take place rain or shine. Applicants agree to be present despite weather conditions. Each vendor is responsible for preparing displays to withstand weather fluctuations including rain and wind.

PHOTOGRAPHY & PROMOTION:
Event participants agree to allow the use of video and photography taken by Event organizers at the event for promotional purposes. Any photos taken by the event are the property of PRIDE Cape Coral.

FOOD AND SNACK VENDORS ARE INDEPENDENT CONTRACTORS
Vendors execute this Agreement as independent contractors and shall at all times have complete supervision, direction, and control over the services to fulfill requirements. Vendors execute this agreement as independent contractors, not as an employee of PRIDE Cape Coral. Vendors will assume responsibility for appropriate payment of payroll taxes and charges under applicable federal and local laws. Vendors agree to take complete responsibility for paying the appropriate federal and state taxes as independent contractors.

MUNICIPAL CODES, LICENSING & TAXES

Applicants will obey all pertinent codes, laws, ordinances and regulations.
Installation and operation of any exhibits not meeting event approval are prohibited.

LIABILITY DISCLAIMER

Applicants must comply with all Event, municipal and state rules, regulations and policies listed in this application, or policies included in the applicant acceptance notification. Any noncompliance will cause elimination and applicant may be immediately removed from the Event with no refund of fees or compensation for expenditures. Applicants also may be barred from acceptance to future events.

PRIDE Cape Coral, in its sole discretion, may reserve the right to refuse participation by any applicant, entertainer, food vendor or any other such participant for any reason.

PRIDE Cape Coral is not liable for refunds or any other liabilities whatsoever for applicant’s failure to obey the rules and regulations or due to the unstable condition of the area in which the Event is produced, caused by, but not limited to, weather, fire or other calamity, any act of nature, public enemy, strikes, statutes, ordinances of any legal authority or any other cause beyond PRIDE Cape Coral’s control.

By fulfilling application and engaging in participation, all applicants release and hold harmless PRIDE Cape Coral, The City of Cape Coral, and all event sponsors from any and all liability, as outlined in the rules and regulations.

Applicants will initiate any legal proceedings arising from violations of these terms and conditions in Cape Coral, FL.

Applications and/or acceptance of notifications are not contracts.

Signature (by entering your name, you indicate that you are the legal business representative):

Date:

Vendor space is available on a first come, first served basis. Shopping hours are subject to change based on event times. Vendors may NOT produce any giveaways or products using the PRIDE logo without express written permission. Questions? Email info@pridecapecoral.com or call (239) 900-4028.