Dia de los Muertos Festival Vendor Application
Registration deadline is July 31, 2019 ($100 increase for applications after July 31, 2019)
  • Exclusives have been claimed for lemonade, turkey legs, street tacos, and CBD products. No additional vendors of these items will be accepted.
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  • I/we have read and will comply with all the rules of the event and all applicable laws. I hereby release and forever discharge from any liability the event organizers, its sponsors, and their affiliated companies, officers, agents, and employees. I accept all responsibility for loss due to damage or theft.

    Your signature indicates that you have thoroughly read and agree to comply with the Vendor Rules & Regulations below.
  • IMPORTANT DATES:
    • July 31, 2019 - Application Deadline
    • August 7, 2019 - Acceptance notifications sent.
    • September 6, 2019 – Company Logos due
    • October 1, 2019 – All required Permits and Insurance due
    • October 16, 2019 - Vendor Orientation
    • October 26, 2019 - Dia de Los Muertos Festival

    VENDOR HOURS:
    a. SET UP begins at 7:00 am and must be completed by 10:00 am
    b. HOURS OF OPERATION - The booths will be open for business from noon to 10:00 pm
    c. TEAR DOWN will be allowed after 10:00 pm only

    VENDOR AGREEMENT OF POLICIES AND PROCEDURES:
    1. PARKING: Food vendors, Volunteers and staff will be required to park in designated parking lots. Parking around Main Plaza will not be permitted.
    2. VENDOR OPERATING HOURS: Vendors are expected to be open and operating during all Festival hours. Vendors who close during Festival hours without permission from the Festival Coordinator will be noted and may not be invited to future events.
    3. EVENT HOURS AND SET-UP/TEAR DOWN SCHEDULE: Vendors will be allowed to access their booth/tent space via a designated route provided before the event during set-up and tear-down times only. Access to the Food and Business Market area will be only during permitted from designated entrances and along designated routes. Vendors may not drive vehicles into the event area outside of these designated times and should be prepared to transport and load items from their tent/booth space without events staff or volunteer assistance. Vendors will not be permitted to bring vehicles into the street closure area until the Festival Coordinator has deemed it safe authorizes entry for loading or unloading. During load-in and load-out, vehicles must remain in order and within the route provided in the pre-event packet provided to vendors
    4. BOOTH SPACE: Vendor space will not be confirmed until full payment is received. Vendor space allocation will be assigned to best benefit the Festival and surrounding businesses as determined by the Hispanic Business Alliance. Vendors are encouraged to decorate their booth space. No hand-written booth signs are allowed; please be professional. Vendor will be responsible to provide their own tents, tables, chairs, electrical cords, lights, etc. All tables must be covered. The use of open flames is prohibited. ALL TENTS MUST BE WEIGHTED DOWN!!
    5. BOOTH POLICIES: All vendors shall maintain a respectful noise level for neighboring vendors at the event. Booth assignments are made by HBA staff based on operational and space requirements of the event. Therefore, HBA reserves the right to refuse any application. Vendors must be checked in and materials placed in the assigned booth space during the designated set up time. Failure to set up during designated times, removal of vehicles from event grounds, or changing booth locations will be cause for removal of vendor. All merchandise should be clearly marked. Event does not provide table, chairs, tents or electrical cords.
    6. FOOD: Menu items will be secured by application and payment. Please note: Food items will be kept to two duplicates. Meaning there will not be more than Two Vendor selling the same product. (Ex. funnel cakes, barbecue chicken, sausage, ribs, turkey legs, Corn, brisket, etc.) Once secured, food items will not be available for other vendors. Barbeque Pits require a City Permit and will not be approved until permit is received.
    7. REPRESENTED PRODUCTS: Only the product(s) specified on the application will be allowed to be represented or sold at your booth during the festivities. No changes may be made without prior consent of the Dia de los Muertos Chair and Festival Coordinator.
    8. DONATIONS/GIFT CERTIFICATES NEEDED: Any voluntary prize donations and gift certificates will be used to gain exposure for the festival and your business through on-site recognition and media promotions where appropriate.
    9. COST/FEES: In exchange for the right to promote and/or sell stated product(s) during the Dia De Los Muertos event the Vendor will pay the New Braunfels Chamber of Commerce the price indicated on the vendor application.
    10. DISPOSAL OF FOOD AND TRASH: Vendors must provide their own trash receptacle. The contents of Vendor's trash receptacle must be disposed of properly and in a safe manner in the Festival’s dumpsters. At the end of the night Vendors are responsible for all their trash, grease, oil and general clean-up of its booth/tent space(s) and surrounding area. Failure to maintain the booth space will result of not to be invited or accepted to future festivals. Vendor warrants that the premises shall be left in original condition as upon arrival; this includes picking up trash at and around the Vendors premises.
    11. FOOD PERMIT: Food vendors are required to obtain a Temporary Food Permit application at http://www.nbtexas.org/index.asp?NID=819. Deadline for a temporary health permit is October 1, 2019. The fees listed do not include the fee for a temporary permit.
    12. Inflatable
    Amusement Rides and Oversized Grills require a Temporary Permit
    13. ALCOHOL: No alcohol sales allowed.
    14. GRAY WATER AND ICE will not be provided to vendors.
    15. ELECTRIC/GENERATORS: Access to Electric/Generator will be available at an additional $25 Fee. You are welcome to bring your own generator (Advance notice required for approval. Quiet generators ONLY) No diesel generators allowed.
    16. DESIGNATED AREAS/ELECTRICAL NEEDS: Location of Vender Booth Space will be in block specified; exact location decision is made at the discretion of the HBA Board and will depend on specific electrical needs.
    • Vendor agrees to operate all electrical equipment, including but not limited to lights and attachments, including all wiring in a safe, intelligent manner.
    • HBA cannot be held responsible for accidents caused by Vendor not accurately utilizing their space and any/all equipment.
    • Vendor agrees to use only designated receptacles in their pre-approved location.
    17. GENERAL LIABILITY INSURANCE: Each food vendor shall furnish Dia de Los Muertos Festival and name Dia de Los Muertos Festival /Hispanic Business Alliance as an additional insured no later than 30 days prior to the festival. If proof of liability insurance is not provided by this date, the agreement will be Null, and void. The vendor’s booth space and deposit fees will be forfeited. Dia de Los Muertos Festival shall have no obligation whatsoever to insure, provide, or obtain insurance for the food vendor. Vendor will not be permitted to enter the Festival grounds to set up or occupy booth space without having the required insurance in place.
    18. STATE OF TEXAS SALES TAX & USE PERMIT: The State Comptroller of Public Accounts requires you to have a sales tax number and to pay sales tax (8.25% in New Braunfels). Include a copy of your sales tax permit for our files and document your number on the application. If you have any questions about sales tax, contact the Texas State Comptroller at 800-252-5555 or visit their website, www.window.state.tx.us. The State of Texas Comptroller’s Office occasionally sends representatives to special events to verify sales tax permits.
    19. RAIN POLICY: The Dia de Los Muertos Festival will continue, rain or shine, with NO REFUND OF FEES. Vendors will be given the option to remain or may leave.
    20. CANCELLATION POLICY: No refunds of booth or Vendor space fees for cancellations will be allowed The Hispanic Business Alliance reserves the right to cancel Vendor’s participation in Event, and the right to cancel Event or any portion thereof, at any time for any reason whatsoever or without cause, in its sole and absolute discretion and without any penalty to the Hispanic Business Alliance. Vendor shall not assign, sublet, or otherwise transfer or convey any booth or Vendor space or any interest in either in connection with the Dia de Los Muertos Festival to be held on October 26, 2019 in Downtown New Braunfels. Any vendor who is not set up on time or present at the designated load-in area on time will have their space(s) automatically and immediately forfeited.
    21. TERMINATION RIGHTS:
    The Hispanic Business Alliance reserves the right to terminate the operation of the Vendor at any time during the festival for any of the following reasons:
    • A Professional manner is not maintained by the Vendor and its employees
    • Vendor or its employees behave in a manner that could be construed as racist.
    • Vendor or its employees commit any act detrimental to the purpose of the event
    • Vendor or its employees violate any provisions of the Health Department.
    • Vendor or its employees fail to cooperate with the event management staff.

    TERMS & CONDITIONS:
    Booth fee is due with signed application. Application will not be accepted without signature. Registration deadline is July 31, 2019; the Vendor will not be allowed to set up unless vendor is paid in full. Upon signing this contract, Vendor agrees to abide by the Terms and Conditions set forth herein. $100 increase for applications after July 31, 2019
    a. It is expected that all vendors and their employees/volunteers will behave in a professional manner. Any use of profanity, threats against vendors, volunteers, staff, or guest will not be tolerated it will result in immediate and permanent expulsion from the Dia de Los Muertos Festival. No refunds will be granted for violations the afore mentioned policies.
    b. Exhibits shall not display, sell, or dispense any items with offensive, profane, and/or drug related paraphernalia.
    c. Exhibitor must check in with the HBA official on duty before setting up.
    d. Security will be the responsibility of the vendor. HBA will not be responsible for damage to exhibit for any reason.
    e. Exhibitor will be responsible for any trash in his/her area. Trash cans will be placed throughout the area and may be used by the vendors.
    f. Exhibitors shall not transfer or sublet the space or any part thereof or permit the same to be used by any other person
    without the written consent of the event staff.
    g. Event staff shall have the right to terminate the contract granted hereunder at any time without liability, upon the refund of the fee paid herewith. Refunds will be made if event is cancelled due to weather.
    h. Exhibitor will indemnify and hold Event harmless from all costs, losses, damages, or expenses including expense of litigation and attorney’s fees, resulting from any person or property arising out of any act of omission of vendor of his employees or other representatives.
    i. Exhibit spaces shall not be reserved until payment in full is received.

    AUTHORIZATION: In connection with the Dia de Los Muertos Festival to be held October 26, 2019 in Downtown New Braunfels, Texas, Vendor agrees that it shall abide by and that the vendor’s participation in the event is subject to the terms and conditions of the 2019 Dia de Los Muertos Festival Rules, Regulations, and General Information standards attached hereto and made a part hereof for all purposes, and vendor represents and warrants that vendor has read and understands the same. Vendor agrees that no representations have been made by the Hispanic Business Alliance or by any of its officials, officers, employees, agents, representatives, or volunteers regarding the condition of the Event Site or that any warranty is being made as to the opening date of the Festival. In the event, that the Festival does not open as scheduled or that the Festival does not occur, Vendor agrees that the Hispanic Business Alliance shall not be liable to Vendor for any claim arising from the failure of the Festival to open as scheduled or the Festival’s failure to occur. Vendor also acknowledges that submission of an application does not guarantee acceptance into Dia de Los Muertos Festival. The Hispanic Business Alliance and the Greater New Braunfels Chamber of Commerce shall determine any matter not expressly covered by these Terms and Conditions.

    FEE IS NON-REFUNDABLE. EVENT HELD RAIN OR SHINE

    The Hispanic Business Alliance and The New Braunfels Chamber of Commerce are NOT responsible for Merchandise, Theft, or Accidents!