Join us March 1, 2015 in Zilker Park for the next Kite Festival!
Rain Date: March 8, 2015

Vendor Agreement Guidelines

A. General Information

  1. Booth spaces are generous with enough space for supply storage. More space can be allotted if necessary.
  2. Specific vendor locations will be assigned prior to the event. The number of vendor spaces is limited at this event.
  3. The Exchange Club does not provide a change fund, tables, chairs, electrical cords, plugs, generators, or tents. Vendors are responsible for all needed cash (to be able to make change) and equipment related to the operation of their booth.
  4. Due to the Park rules, trailers will be situated on the road surrounding the park. Vendors using tents instead of trailers will be able to set up operations closer to heavier traffic areas. Food vendors may not set up tables, chairs, tents or other apparatus for use by patrons. Tents must be weighted, no stakes.
  5. The amount of available electricity is limited, however we can supply some 110 connections. There may be a nominal charge. We are unable to supply 220 connections. Do not apply if your operation must have a 220 connection UNLESS you have your own generator and are capable of supplying your own 220 electricity.
  6. Access to water is limited; there are no direct connections. Vendors should bring their own water.
  7. Ice can be purchased from the Exchange Club but ONLY with advance notification. Ice is $8 for a 40 lb. bag.
  8. Accepted Vendors will be assigned an Exchange Club member as their principle contact.
  9. All vendors are expected to leave the area around their operation clean and free of trash and litter.

We advise that vendors arrive early and bring everything needed remain in the park and conduct operations until 5pm. Barton Springs Road will close at 9am and no vehicles, with the Exception of emergency vehicles, will be permitted entrance to the park. Vehicles may, however, leave the park. Vendors must vacate the Park by 7pm.

B. Kite Festival Vendor/Exhibitor Rules and Guidelines

  1. The Exchange Club of Austin has the right to refuse vendor participation in the Kite Festival to anyone at anytime.
  2. Certain vending operations will not be accepted for the event: Credit Card, time-share, clothing, jewelry, artwork, scented candle products, toy weapons and sunglasses sales are not accepted. This is not a complete list; vendors are juried on a case-by-case basis. Alcohol sales and live music are not permitted at the Kite Festival.
  3. Sub-Contracting is prohibited. Sharing space with other vendors, businesses or non-profit organizations is not permitted and will be justification for expulsion from the event.
  4. Each vendor will sell only the items identified in their application, for the price listed in their application. The Exchange Club must approve any changes in items vended at least 30 days in advance of the event date. Last minute additions are not accepted.
  5. The Exchange Club has exclusivity for sales of hot dogs, soft drinks and cotton candy. Other vendors may not sell these items. (Food vendors may sell other drinks – water, tea, lemonade, etc.)
  6. Kite and toy sales are encouraged (with the exception of toy weapons).
  7. Food vendors must purchase a $35 Temporary Food Service Permit; this includes vendors giving away free food samples. There are NO exceptions. Permits must be displayed in the booth the day of the event. Permit fees are non-refundable.
  8. Food/Ride/Game Vendors must provide proof of liability insurance in the amount of at least $1 million, with the Exchange Club of Austin listed as an additionally insured entity, before they will be allowed to start vending operations. Insurance Certificates are to be uploaded and attached to the application.
  9. All vendors are required to sign a waiver including those who supply insurance certificates. Vendors who do not sign a waiver will not be allowed to participate as vendors in the event. The waiver must be signed as-is and cannot be altered. Any changes to the waiver will render the contract void.
  10. Vendors are expected to run their operations in a safe and prudent manner, obeying all fire laws and food safety guidelines as set out by the Austin Travis County Health and Human Services Department. Fire and Health Officers inspect at the Kite Festival and are strict. They will shut down operations for non-compliance. Vendors using compressed gas tanks of any kind are expected to follow the rules and regulations of the Austin Fire Department. In addition, vendors will abide by safety rules established by the Exchange Club. Specific safety rules will be furnished to Vendors before the event.
  11. Security is not provided to vendors. The Austin Police Department is present at this event in the capacity of public safety, traffic and crowd management. This is an open public event. DO NOT leave your property unattended and/or unsecured.
  12. Vendors are encouraged, but not required, to participate on the Rain Date. The Rain Date is one week later.
  13. Raffles are not permitted unless written permission is granted by the Exchange Club of Austin.
  14. The Exchange Club of Austin must approve any food samples given out to the public. Information on the proposed sample is required including content and size. Samples must be smaller than a full serving and cannot compete with food being sold at the event. Vendors preparing samples at the event are required to purchase the Temporary Food Service Permit ($35). The food preparation area and practices must adhere to all the guidelines of the Austin Travis County Health and Human Services Department. Commercially pre-packaged samples prepared in a certified kitchen do not require a food service permit.
  15. Any special operating requirements or special requests must be approved by Kite Festival organizers at least 30 days before the event date. Special requests will be approved at the discretion of the Kite Fest Committee.
  16. The Exchange Club of Austin strives to set fair and equitable booth fees for every vendor. Vendors are requested to treat their agreement with the Exchange Club as confidential information not to be shared with other vendors or organizations.

C. City of Austin Parks and Recreation Rules

  1. Absolutely NO cars or trucks are allowed to park on the field. Support vehicles will be parked in a nearby lot. A maximum of two vehicles per vendor are allowed to load in – no more!
  2. Absolutely NO stakes or other anchors are to be driven into the ground. Use weights for tents.
  3. Glass containers are not allowed in the park.
  4. Vendors generating wastewater are required to remove it from the park and dispose of it in an acceptable and ecologically sensitive manner. Absolutely nothing, including ice, is dumped on the turf.
  5. Trash pick up is provided by Festival Staff. Please leave your booth area clean with trash bagged and ready for pick up. Recyclable materials will be placed in provided bins. Dumping of refuse, food waste or ice on any area of the park, including bodies of water, is not allowed. All vendors are responsible for leaving their area clean. Trash and litter must be picked up and properly disposed of. Failure to do so will prevent future participation as a vendor in the event. Vendors are responsible for the trash in and around their area of operation whether they caused or not. See Section C for fees.
  6. Vendors will abide by recycling guidelines as set by event organizers and Parks and Recreation staff. Guidelines will be provided to vendors before the event.
  7. It is your responsibility to read and understand the City of Austin Parks and Recreation rules and guidelines.

D. Transactions / Settlement

  1. Vendors remit a booth fee (and Temporary Food Service Permit fee if applicable) to the Exchange Club CAF. Checks are to be made payable to the Exchange Club of Austin CAF. 50% of the booth fee is due with all requested paperwork by January 15.
  2. For food vendors, the $35 temporary food service permit is due by January 15. The Exchange Club can accept fees by cash, check, money order, Visa or MasterCard.
  3. The remaining 50% of the booth fee is due by February 25. Fees may be remitted via US Post or online in this application.
  4. If accepted, the $50 application fee is credited towards the booth fees. If the vendor is not accepted, the $50 application fee is not refundable. This application fee covers the cost of processing.
  5. To receive non-profit rates, non-profit organizations must supply a copy of the IRS letter verifying their 501(c)3 tax-exempt status.
  6. All Vendors are responsible for collecting and paying local sales tax to Texas State Comptroller on all items sold at the festival. Tax rate is 8.25%. Every retailer in Texas needs a sales tax permit. An exhibitor without a Texas location needs a use tax permit. Vendors must display a tax permit in their booth.

E. Booth Pricing

  1. Specific areas are designated as “Vendor Areas” or “VAs”. Each VA contains several food and non-food vendors (ie, food sales, retail sales, face painters). In the application, the VAs are split into two zones, and vendors choose their preferred zone and the booth-size within that zone. Booth fees are charged according to how many running feet the booth has. Vendors will be charged for the longest frontage space they use. This includes support trucks that remain with the booth on the road.
  2. Booths are planned with some space behind them for storage. Booth locations are assigned on a first come, first serve basis.
  3. Please note that the Exchange Club may change locations of vendors after taking into consideration the need for electrical connections and proximity of competing vendors. No space will be changed without the vendor’s knowledge prior to the event.
  4. All vendors will be charged a $50 Trash/Recycling fee to help cover the costs required to mitigate environmental impact on Zilker Park. See Section C-7 for the City of Austin Parks and Recreation Rules. The trash / recycling fee is not refundable.
  5. Mobile carts are mobile, and may not have a tent set up behind it. The cart has to operate on wheels acceptable to the City of Austin Parks Department. Carts can operate in all vendor areas. Carts must avoid the EMS area.
  6. Refunds are only given if both the initial event date and the rain date are cancelled. Postponement to the Rain date does not constitute cause for a refund. The $35 Food Service Permit Fee and the $50 trash fee are not refundable.
  7. A separate kids area is designated for specific activities and vendors contracted by the Exchange Club of Austin, located between VA-2 and VA-3.

F. Legal Details

  1. Vendors will operate as independent contractors.
  2. Vendors and Exhibitors are responsible to comply with all laws, policies and ordinances as directed by the City of Austin, Travis County and the State of Texas.
  3. Contracts with the Exchange Club of Austin CAF will terminate the Monday after the second Sunday of March.
  4. All vending operations at the Kite Festival participate only with the permission of the Exchange Club of Austin and within the rules and guidelines set by the City of Austin Parks and Recreation Department. The Exchange Club retains the right to refuse any vendor to participate in the Exchange Club Kite Festival and/or to have any vendor removed from the field.
  5. The Exchange Club of Austin is not liable or responsible for any personal injury, equipment or inventory loss incurred before, during or after the event. The Exchange Club of Austin will not be responsible for the loss or damage of merchandise or equipment, nor does the Exchange Club of Austin assume any responsibility for any liability incurred by any booth operator, owner, employee or other person associated with that vendor or business.
  6. The Exchange Club of Austin and Exchange Club of Austin CAF has no responsibility for any legal transactions that Vendors participating in the Kite Festival have entered into with third parties.
  7. Vendors and Exhibitors are responsible for any damage to or theft of their property.
  8. Festival rules and guidelines are subject to change at anytime with due notice.

G. Acceptance and Deadlines

You will be notified as soon as possible if you are or are not accepted. If not accepted, fee payments will be returned via US Post. If you paid by credit card, the charges will be refunded as soon as possible, less the $50 application fee.

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