Vendor Agreement

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Please read this in entirety, confirm your acceptance, and pay your booth fees below.

 

Vending Agreement & Info

This Vendor Agreement is made effective as of April 1, 2018 between Desert Hearts, LLC and the undersigned below and states the agreement of the parties as follows:

VENUE: Los Coyotes Indian Reservation, 2300 Camino San Ignacio, Warner Springs, CA 92086

FESTIVAL DATES: April 27, 2018 12 PM - April 30, 2018 4 PM

TIME: All hours on-site at festival

CHECK IN: Mandatory Thursday, April 26th 8AM - 3PM

When you arrive, check in at HQ. Tell HQ that you are a vendor that needs to be placed. HQ will radio Ash and either she or her assistant will show you to your vendor location. Do not place yourself or set up without first receiving confirmation from the Vendor Coordinator.

If you check in late, you will not be able to vend at another Desert Hearts event.

Please do not block roads or intersections.

PLACEMENT: Every vendor will be assigned a booth space. Vendors must occupy their designated space. Any vendor that occupies a space other than the space designated for vendor may be subject to removal or be moved to their designated space.

BREAKDOWN: All Vendors must stay until noon on Monday April 30th. Vendors may breakdown after noon on Monday at their own discretion. All vending spaces must be cleared by Tuesday, May 1st.

PAYMENT: The last day for payment is Monday, March 19th. Submit your payment by clicking the button below.

RESTRICTIONS: Desert Hearts is a strictly 21+ event. All persons entering the event must show ID.

Animals and pets are not permitted at the event. Please leave your pets and Emotional Service Animals (ESAs) at home or find a local kennel. A vehicle attempting to enter the event with animals or underage riders will be turned away the gate.

 

FASHION VENDORS

10x20 Space

  • Fee is $950

  • Comes with 3 tickets

  • Space for 1 vehicle behind your booth

  • You can purchase up to (2) more tickets at $200 each for helpers

  • You must Must submit ALL guestlist names by Wednesday, April 11th

10x10 Space

  • Fee is $750

  • Comes with 3 tickets

  • Space for 1 vehicle behind your booth

  • You may purchase up to (2) more tickets at $200 each for helpers

  • You must must submit ALL guestlist names by Wednesday, April 11th

Table/Rack Setup

  • Fee is $250

  • Comes with 1 ticket

  • Designated vendor parking at front of the lot for 1 vehicle

  • You may purchase up to (2) more tickets at $200 each for helpers

  • You must must submit ALL guestlist names by Wednesday, April 11th

No tables, tents, or lighting will be provided. You must bring all of your own materials.

 

FASHION SHOW

The Glitter Spies X Desert Hearts Fashion Show will happen again Saturday at 2 PM. If you would like to participate, please let the Vendor Coordinator know. Models will be assigned in advance of the festival as well as Friday during the festival so they can get styled.

A fashion photographer will be available for the weekend. Please connect with Ash on-site for an intro. If you would like to contribute backdrops or ideas, please email tessla@deserthearts.us

 

FOOD VENDORS

20x20 Space

  • Fee is $1100

  • Comes with 5 tickets

  • Space for 1 vehicle behind your booth

  • You may purchase up to (2) more tickets at $200 each for helpers

  • You must must submit ALL guestlist names by Wednesday, April 11th.

  • All food vendors are expressly prohibited from selling coffee, kava, or kratom

  • All vendors are responsible for their own grey water disposal

  • All vendors are responsible for their own waste management

  • Fresh water is available for $.40/gallon

  • Insurance requirements: All food vendors providing services to the event must provide a certificate of insurance naming Desert Hearts, LLC and Los Coyotes Indian Campground as additional insureds. Each food vendor will agree to a liability release form that states the vendor has adequate insurance coverage. Adequate insurance coverage shall be insurance with a minimum liability coverage of One Million Dollars ($1,000,000.00).
    Certificates of Insurance are due by Wednesday, April 11th.
    Venue Address for COI’s: 2300 Camino San Ignacio, Warner Springs CA 92086

  • Meal Cards: Desert Hearts will be distributing redeemable meal tickets good for use at all food vendors. The meal tickets are valued at $10 each and shall provide the ticket holder to a reasonable meal and drink. Food vendors shall be reimbursed $10 per meal ticket, up to a total of $1100 (hereinafter the “Threshold”). Food vendor shall be required to accept meal tickets unless Food Vendor has reached the Threshold. It is Vendor’s responsibility to keep all meal tickets for records and redemption. Meal tickets will be settled/cashed out on Monday, April 30th between 11AM-2PM.

VEHICLES: You must purchase an RV pass if you want to bring your RV. You will not be able to park an RV behind your booth. You will have space to park 1 car behind your booth. You must tell us the make and model of the car that will be receiving your parking pass. Any additional vehicles are subject to a impact fee and will be placed in the “overflow vendor parking” area at the top of the parking lot.

CAMPING: You will have space for a small tent behind your booth. We cannot guarantee any more than that.

ATMS: ATMs will be available throughout the duration of the event. Vendors are still advised to bring significant cash reserves and change to accommodate customers.

ELECTRICAL:  Reasonable access to power will be provided on a first come, first served basis. We highly recommend vendors bring their own power to supplement. Vendor is responsible for providing surge protectors, extension cords and other items necessary to transfer power into the vendor booth. Vendors are encouraged to provide their own power. If you have your own power, please bring it as well. Vendor is responsible for knowing Vendor’s power needs.

NO REFUND POLICY: An accepted application is a commitment to show. No refunds will be made for cancellation, rain, or for any other reason.

OBJECTIONABLE MATERIAL OR ACTIVITY: Desert Hearts is a family event. We reserve the right to disallow any activity or objectionable material from being displayed, sold, or distributed in any manner. Music projected from your booth space is strictly prohibited including the use of speakers on counter tops or speakers projecting music to festival participants.

You know the rules. One Stage. One Vibe.

LIABILITY: Desert Hearts, LLC accepts no responsibility for damages, theft, injury, or loss of earnings from any activity a vendor participates in or refrains from participating in during the festival. Vendor is responsible for all of their equipment, and in the securing of vendor equipment so that no injury shall be caused to others, including but not limited to festival attendees and other vendors.

 

SUSTAINABILITY

Desert Hearts, LLC has a goal of achieving zero waste (i.e. no waste to landfills). In an effort to achieve this goal, Desert Hearts requires that all vendors strive to eliminate all waste through waste reduction, reuse, recycling, and composting measures.

Vendors are required to use reusable, recyclable, or compostable food service ware, containers, and packaging.Vendors shall consider selling foods that do not require utensils (e.g. sandwiches, pizza, wraps, fries, kabobs, sushi, egg rolls).

Vendors are required to provide drinks (e.g. water, soda, coffee, tea) in bulk or in recyclable bottles and cans. Vendors are also required to provide condiments (e.g. sugar, ketchup, mustard, salad dressings, etc.) in bulk.Vendors shall consider not using plastic bags, disposable decorations, balloons, or polystyrene or to provide giveaway items. If giveaway items are offered, they shall not be individually wrapped. Desert Hearts reserves the right to confiscate individually wrapped giveaway items.

 

Acceptable Types of Recyclables:

Metal cans, Cardboard, Glass containers, Paperboard, Papers (mixed paper, newspapers, magazines), Hard plastic bottles and cups, Plastic film (wrap and bags)

 

Acceptable Types of Compostable Materials:

Food scraps (e.g. fruit, vegetables, bread, grains, meat, fish, dairy products, pasta, coffee grounds, tea bags)

Food-soiled paper (e.g. waxed cardboard, paper towels, paper napkins, paper cups, and paper plates)

Biodegradable plastics (e.g. utensils, cups, and bags)

 

Unacceptable Types of Food Serving Materials:
Non-biodegradable plastic plates, cups and utensils, Styrofoam plates and cups

 

DESERT HEARTS, LLC INDEPENDENT CONTRACTOR AGREEMENT AND RELEASE OF LIABILITY

By entering my name and checking the box below, I fully understand that I have agreed to provide services, as an Independent Contractor (“Contractor”), for Desert Hearts, LLC. As an Independent Contractor, I understand that I am responsible for all related income/self-employment taxes for fees received from Desert Hearts, LLC for services provided. In addition, I acknowledge that I am solely responsible for any medical or other costs arising out of any bodily injury or property damage sustained while providing services as an Independent Contractor. I certify that I have adequate insurance coverage, including health and accident, for any injuries I may sustain while providing said services.

1. I certify that I am physically able to participate in the Desert Hearts Event and in any activity or performance associated with it, and have not been advised otherwise by a qualified medical professional.

2. I acknowledge and fully understand that as an Independent Contractor, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions or negligence of the organizers of the Desert Hearts Event, i.e., Desert Hearts, LLC and its officers, directors, employees, agents, representatives and volunteers (collectively, “Desert Hearts”), and participants, volunteers and spectators; (b) conditions of the premises or equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) condition of participants; and, (g) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY OR DEATH, WHICH MAY OCCUR BY ATTENDING AND/OR WORKING AT THE 2017 DESERT HEARTS EVENT AND HEREBY FOREVER RELEASE, DISCHARGE AND HOLD DESERT HEARTS HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF DESERT HEARTS, OR BY THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.

3. I understand that during the Desert Hearts Event, art installations, theme camps, vehicles (including but not limited to 'mutant vehicles' and 'art cars'), events and performances will be held and/or on display and I understand that these activities may or may not be owned or operated by Desert Hearts, and I assume all risks of injury or death arising from their operation and from my participation in any of these activities.

4. I, on behalf of myself, my heirs, executors, administrators and assignees, hereby waive, release, discharge, and agree not to sue Desert Hearts, LLC, its officers, directors, members, employees, volunteers, representatives, agents, contractors and subcontractors, and other participants, sponsors, affiliates, and if applicable, owners and lessors of equipment, art installations and premises used to conduct the Desert Hearts Event or related activities (collectively the "Releasees"), from any and all claims for damages, injuries, losses, liabilities and expenses which I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in the Desert Hearts Event, including any programs, events, art installations or activities at the Event, and including any injury or damage to my person or property, or to that of any other person or property. I agree to indemnify, defend and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of my participation in the Desert Hearts Event, including in any program, event or activity at the Event. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

5. I consent to have medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any program, event or activity. I release Desert Hearts, LLC and all persons participating in any such medical treatment from all responsibility for any such actions.

6. I understand that: I must bring enough food, water, shelter and first aid to survive at least one week in a harsh desert environment; that commercial vending is allowed although where previously permitted by Desert Hearts.  All firearms, fireworks, illicit substances, rockets and other explosives are prohibited. This is a LEAVE NO TRACE, pack it IN, pack it OUT event. I will be asked to contribute 2 hours of venue clean up in addition to cleaning up my own camp.

7. Desert Hearts and Independent Contractor are independent parties and nothing in this Agreement shall be construed to make either party the employer, principal, joint venturer or partner of the other party.  Independent Contractor is not a Member of Desert Hearts, LLC. Neither party may create any obligation or liability, either express or implied, on behalf of the other.

8. Upon the signing of this agreement the ownership, copyright, all other intellectual property rights of all work directly related to my work with Desert Hearts shall pass to the sole ownership of Desert Hearts.

9. Any portion of this contract deemed to be unenforceable does not affect the validity of the remainder of this contract. The contract’s valid parts will remain effective and enforceable even if a court declares any section void.

10. Neither this agreement nor any of the terms hereof may be terminated, amended or waived orally, but only by an instrument in writing signed by both Desert Hearts, LLC and Independent Contractor specifically stating that it is an amendment to this Agreement.

11. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The courts of the State of California shall have exclusive jurisdiction for all disputes arising hereunder. Venue shall be San Diego, CA.

12. Any conflict resulting between the Consultant and Client shall be arbitrated by the American Arbitration Association in California. The arbitrator's judgment shall be final and legally binding and can be entered into any court of law in the United States. Each party shall pay 50% of arbitration costs and all their own legal expenses. Notwithstanding anything herein, either party shall have the right to seek a restraining order or injunction before arbitration takes place.  Independent Contractor agrees not to sue Desert Hearts, LLC and/or it’s members, administrators, executors, and/or representatives for any reason whatsoever.

13. This Agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Desert Hearts, LLC, by any of its employees or agents, or contained in any written materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Independent Contractor and Desert Hearts acknowledge that each is entering into this Agreement solely on the basis of the representations contained herein.

14. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The courts of the State of California shall have exclusive jurisdiction for all disputes arising hereunder. Venue shall be in Los Angeles County.

15. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered in the County of Los Angeles, California by the American Arbitration Association or JAMS under its Commercial Arbitration Rules. Both Parties hereby agree and waive their right(s) to challenge, vacate or otherwise seek to dispute an arbitration award. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover its reasonable legal fees and other costs of suit or arbitration. Notwithstanding the foregoing, in the event that Contractor is named in a claim filed by a third party against the Company or against the Company and Contractor, Company hereby agrees to defend and indemnify Contractor against any and all such claims. Furthermore, Company agrees to reimburse Contractor for any expense(s) incurred in connection with defense of any claim(s) brought against Company provided that Contractor was acting within the scope of Contractor’s duties for the Company. Independent Contractor agrees not to sue Desert Hearts, LLC and/or it’s members, administrators, executors, and/or representatives for any reason whatsoever.

16. This Agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Desert Hearts, LLC, by any of its employees or agents, or contained in any written materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Independent Contractor and Desert Hearts acknowledge that each is entering into this Agreement solely on the basis of the representations contained herein.

17. Contractor warrants and represents that any e-mail address(es) supplied by Contractor in connection with the application and other confirmation documents is owned and controlled by Contractor.   Contractor hereby agrees that any e-mail(s) sent to Contractor shall satisfy notice to Contractor and shall be deemed received by Contractor upon sending by Company. Contractor further warrants and represents that any communications to or from the e-mail address(es) provided by Contractor shall be deemed to be communications to or from the Contractor whether or not such communication was actually received by or authored by Contractor.
 

BY ENTERING MY NAME AND CHECKING THE BOX BELOW, I ACKNOWLEDGE THAT I HAVE READ THESE TERMS AND CONDITIONS, AND I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I CHECK IT KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.

 
 

PAY YOUR BOOTH FEES

Amounts include paypal fees
 

You may purchase up to 2 additional tickets only. Email your guest list names to tessla@deserthearts.us no later than Apr. 11th.

ENTER YOUR BOOTH NAME