PO Box 164

Jim Thorpe, PA 18229

info@jimthorpe.org

© 2020 Jim Thorpe Tourism Agency

Fall Foliage Festival Rules & Regulations

Questions? Contact Michael Rivkin.

1) DEFINITIONS

  1. Festival: The Jim Thorpe Fall Foliage Festival

  2. Chamber: The Jim Thorpe Chamber of Commerce, the sponsoring organization of the festival.

  3. Festival Committee: The Jim Thorpe Fall Foliage Committee which is authorized and empowered by the Chamber to organize and manage the festival and to promulgate and enforce rules and regulations for the conduct of the festival.

  4. Vendor: The organization, person, or entity contracting with the Chamber to participate as a vendor at the festival and their agents, employees, and volunteers.

2) EXHIBIT CATEGORIES

  1. Food Vendor –Vendor selling any food item that contains meat such as hamburgers, hot dogs, pizza, sausage, chicken, fish, tacos, etc., or dessert items (ice cream, baked goods, candy, funnel cakes, snow cones, roasted almonds, kettle corn, drinks, etc.)

  2. Arts & Crafts –Items that are handmade by the Vendor (s). This does not include items that are handmade but purchased for resale (jewelry, woven rugs, wood items and baskets, etc.)

  3. Downtown Merchant -To be used solely by Downtown Merchants to display or sell their regular merchandise. Merchant may not sublease to another business or give permission to an organization to utilize said space.

  4. Misc. -all other Vendors approved by the Festival Committee.

3)  BOOTH DIMENSIONS –Booths are 10’ deep x 10’ wide. All booths have a 10 ft. height restriction UNLESS OTHERWISE APPROVED OF BY FESTIVAL COMMITTEE.

4)  LIABILITY INSURANCE -LIABILITY INDEMNITY –Vendor covenants that it will protect, defend, hold harmless and indemnify the Chamber, Festival Board, County of Carbon and Borough of Jim Thorpe, their directors, officers, agents, employees, and volunteers from and against any and all expenses, claims, actions, liabilities, attorney’s fees, damages, and losses of any kind whatsoever, actually or allegedly, resulting from or connected with the participation as a Vendor in the festival.

5)  All food Vendors MUST have in their possession at least 1 fire extinguisher which will be subjected to inspection the Jim Thorpe Fall Foliage Committee and/or Fire department.

6)  Propane Cylinders/Tanks will be subjected to leak testing daily or as deemed necessary.

7)  CHECKS POST DATED OR RETURNED UNPAID by the bank may result in immediate disqualification and vendor will be charged a $35 return check fee.

8)  Vendors are responsible for collecting Pennsylvania Sale Tax on all items sold and required to have a tax number
 

9)  Notification of acceptance will sent by June 30 2019 and 50% non-refundable deposit must be received by July 15 2019.

10)  Festival personnel may evaluate each display and reserve the right to remove a Vendor or deny a space without refund to any Vendor in violation of any rule. Vendor Application must have all items listed –no other items will be allowed in the booth space without approval of Festival Committee.

11)  BOOTH SETUP/REMOVAL –Vendors will be permitted to begin booth assembly no earlier than 5:00 p.m. on the day before the festival. NO EQUIPMENT OR STRUCTURE MAY BE BROUGHT IN ANY EARLIER. Vendors with permanent trailers should plan on dropping off between 5:00 and 5:30 p.m. on the day before the festival. Trailers must be setup and vehicles removed from front of all booth spaces. Booths must be finished and operational by 9:00 a.m. on each day of the festival. Teardown on the last day of the festival weekend must begin immediately at 5:00 p.m. and must be completed by 7 p.m.

12)  BOOTH CONSTRUCTION/USE -The Festival Committee reserves the right to remove a booth from the festival if the booth is constructed in an unsafe manner. Vendors must secure their booth in any case of adverse weather. Vendors will confine their operations to the booth and shall not tack or place advertising material or solicit business outside their booth. Vendor shall display this contract in a prominent location of the booth at all times. In the event a trailer is used as a booth, it must fit, including tongue, within booth space. Motor homes may not be used in booth space without prior consent of the Festival Committee.

13)  SUBLEASING –Subleasing of all, or any, of the assigned booth space by the Vendor is strictly prohibited. Vendor cannot permit another party to exhibit, promote in any manner, or take orders in the booth.

14)  SOUND RESTRICTIONS –The Festival Committee reserves the right to monitor and regulate the level of sound from all booths. After two (2) warnings about offensive sound, the Festival Committee shall have the right to disconnect power from the booth or request the offending Vendor vacate the booth space.

15)  CLEANUP –Vendor’s booths must be kept clean. All refuse, rubbish, and garbage must be deposited in containers provided. IMPORTANT NOTICE: Any grease or charcoal not disposed of properly will result in a $500 fine and will jeopardize Vendor’s participation in future festivals. Vendor’s containers are to be emptied and contents disposed of at regular intervals each day. Food vendors are expected to assist with the cleanup efforts at the end of each festival day.

16)  FESTIVAL SCHEDULE -Saturdays, October 5, 12 & 19 from 9:00 a.m. –6:00 p.m., and Sundays, October 6, 13 & 20, 10:00 a.m. – 5:00 p.m. Booths are to be manned at all hours of operation. In the event any Vendor sells out of its product, said Vendor shall nonetheless keep the booth open for display or sample items and solicitation of orders until festival closes.

17)  ACCESS TO THE FESTIVAL GROUNDS -Vendors may be provided 1 parking permit to allow for vehicle parking throughout the festival weekend. All vehicles must be outside the park one hour prior to festival opening. Police and festival security may limit access earlier if crowd conditions warrant.

18)  CANCELLATION –Vendor shall notify the Festival Committee in writing of intent to cancel this contract. Cancellations after application deadline are not eligible for a refund.

19)  ELECTRICITY –Vendors must provide their own source of electricity. Generators producing electricity are allowed and subjected to the approval of the Festival Committee.

20) MERCHANDISE –At no time shall Vendor display for sale or otherwise materials which in the sole judgment of the Festival Committee, shall be deemed obscene, dangerous, or unlawful. Expressly prohibited are items including, but not limited to, the following: drug paraphernalia and related items, butterfly knives, all knives, throwing stars, guns, toy guns, water guns, and brass knuckles. Additionally, no Vendor shall be permitted to sell raffle tickets. The Festival Committee will notify Vendor of violation of this provision and permit removal of said items from the grounds.
 

Failure of Vendor to do so will create forfeiture of Vendor’s rights and privileges of this contract.

General release and acceptance of rules and regulations: The applicant(s) have read the rules and regulations and agrees to abide by said rules. In addition, the applicant(s) expressly release the Jim Thorpe Tourism Agency and its Fall Foliage Festival Committee and its members from all liability for injury, damage or loss to persons or property. If accepted, we understand the enclosed entry fee shall not be refunded in the event that I/we do not attend or if all or part of the Festival is cancelled due to fire, calamity, any other act of God, public enemy, strikes, statutes, ordinances, legal authority or any cause beyond the control of JTTA. I/We hereby agree to the enforcement of all rules and regulations of the festival as set forth in this application.