2019 D I X I E P O W E R KITE FESTIVAL APPLICATION Date: Saturday, April 13, 2019

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1 D I X I E P O W E R KITE FESTIVAL APPLICATION Date: Saturday, April 13, West Brigham Road St. George, Utah Phone: Fax: dixiepowerkitefestival@dixiepower.com Website: Dear Concessionaire: We would like to invite you to participate at our Twentieth (20th) Annual Dixie Power Kite Festival. It will be held at Dixie State University Encampment Mall, 225 South 700 East, St. George, Utah. You will want to apply early, so you have first choice for your selected booth space. Dixie Power Kite Festival Date & Time: Saturday, April 13, am 7pm Your participation in this event is of great worth to the children of our community, because proceeds of the event are contributed back to the Washington Country School District Foundation. Attendance for 2019 s Kite Festival is at about 20,000 + people, so please prepare to accommodate this size of crowd. Application Packet (3 pages): (Accepting now!!! First come first serve - Deadline on or before April 1, 2019) Concessionaire Application /Description of Booth /Payment (Fees include liability insurance (no insurance forms required) Guidelines & Code of Conduct Release, Waiver & Indemnification Agreement Submit Application & Payment: dixiepowerkitefestival@dixiepower.com Mail or Drop Off: Dixie Power Kite Festival 145 West Brigham Road St. George, UT Complete 3 page applications will be reserved on a first come basis. (Application does not guarantee participation). Dixie Power Kite Festival reserves the right to limit the number, and type of vendors participating. Taxes, permits and any licenses required by the State of Utah are the responsibility of the concessionaire. Festival & Dixie State University Policy: No Smoking, No Alcoholic Beverage, and No Animals allowed on DSU campus. Please feel free to contact me with any questions at or stellai@dixiepower.com Sincerely, Stella Iverson Kite Festival Manager stellai@dixiepower.com or

2 2 FESTIVAL MAP DIXIE STATE UNIVERSITY ENCAMPMENT MALL

3 3 CONCESSIONS/VENDORS

4 4 DIXIE POWER KITE FESTIVAL CONCESSIONAIRE APPLICATION FORM DEADLINE ON OR BEFORE APRIL 1, 2019 BUSINESS OR ORGANIZATION CONTACT PERSON SALES TAX #, TAX EXEMPT #, SOCIAL SECURITY # CELL # OTHER PHONE # ADDRESS CITY STATE & ZIP FORMS & FEES REQUIRED: Application Form Concessionaire Guidelines & Code of Conduct Release, Waiver & Indemnification Agreement REGISTRATION FEES: BOOTH SPACES REGULAR BOOTH 10 X 12 (11,14,17,20,23,26,29,32,35,38,41,44) COST $250 EACH HOW MANY BOOTHS BOOTH SPACE(S) # REQUEST SUB TOTAL REGULAR OPEN END BOOTH 10 X 12 (10,12,13,15,16,18,19 21,22 24,25,27, 28, 30,31,33,34,36,37,39,40,42,43,45) PRIME BOOTH 10 X 12 (5,8, 47-52) PRIME OPEN END BOTH 10 X 12 (1,2,4,6,7,9,46,53-57) FOOD BOOTH 10 X 24 (B-E, H-K ) FOOD OPEN END BOOTH 10 X 24 ( A, F, G, L) $300 EACH $300 EACH $350 EACH $300 EACH $350 EACH ELECTRIC FEE: 15 AMP (110 VOLT) $50 EACH PAYMENT TYPES: CREDIT CARD (CALL OR BRING IN CARD) $5 FEE CASH / CHECK (MAKE PAYABLE TO DIXIE POWER KITE FESTIVAL) $0 FEE TOTAL BOOTH(S) DISCRIPTION: Attach a Photo or drawing of booth(s) listing actual size of booth(s). List all items to be sold in booth(s), with primary items listed first. Only those items approved by the Dixie Power Kite Festival Committee shall be sold, no exceptions. If concessionaire sells items that were not approved, concessionaire will be shut down with no refund. SIGNATURE: DATE: dixiepowerkitefestival@dixiepower.com Mail To: Dixie Power Kite Festival Attn: Stella Iverson 145 W Brigham Rd., St. George, Utah Phone Payment: (ask for Stella Iverson) FESTIVAL USE ONLY # $ DATE RECEIVED CC/CASH/CK PAID APPROVED DATED BY

5 5 DIXIE POWER KITE FESTIVAL CONCESSIONAIRE GUIDELINES & CODE OF CONDUCT Return this form signed with your application Please read, sign and return this form with your application. If Guidelines & Code of Conduct are not followed, the concessionaire/vendor will be shut down with no refund. BOOTH SELECTION: Will be based on first-come basis. BOOTH SET UP: Do not drive on the grass! You can start setting your booth up at 4pm 7pm the day before the Festival, Friday, April 12, 2019 and again at 6am - 9 am Saturday, April 13, Your booth must be set up no later than 9am Saturday morning. Enter on the south end of the Encampment Mall on the double wide cement going north to the bell tower. Exit to the east of the Bell Tower. Vehicles will NOT be allowed on the grass area during set up. You are REQUIRED to use heavy duty pegs to tie down your booth. (Please watch for water line markings.) All booths will be inspected and will be charge $25 for each booth the Kite Festival ties down. Your booth must not be larger than the size listed on application and must line up with your neighbor. Sandwich reader boards, etc., are not allowed outside your booth area since they can impede traffic. You must provide all your own booth materials: tables, chairs, sunshade, decorations, price list, extension cords, canopy, signs, and garbage bags, etc. GUIDELINES: Your booth must operate from 10 a.m. to 7 p.m. Saturday. Anyone leaving before 7pm will not be asked back again next year. Generators must be pre-approved. Food booths will be required to have a copy or a current or temporary Food Service Permit on their booth, also a portable fire extinguisher, and those cooking with grease will also need Type K fire extinguisher. A permit may be obtained through the South West Health Department , 620 South 400 East #400, St. George, UT All food booths will be inspected by SW Health Department the day of the Festival. Taxes, permits and any licenses required by the State of Utah are the responsibility of the concessionaire. Please try to plan ahead for your supplies. When you need additional supplies from your vehicle located in the designated parking lot, contact the volunteer information booth and a volunteer will help you. Although the Kite Festival crew will be running garbage patrol, it is still your responsibility to keep your area clean and provide your own garbage bags. Place full garbage bags behind your booth for the garbage patrol to pick up. Concessionaires who do not clean their area will not be asked back next year. Additionally, if the area is not left clean, the Kite Festival will impose a cleaning fee. Do not dump anything on grass!!! Please help us keep the University clean for everyone! There is absolutely no soliciting or selling outside your booth space. Only previously approved items may be sold at the Festival. If your application had any item(s) denied, you cannot sell the denied item(s). Selling of denied item(s) or items not listed on your application will immediately forfeit your space at the Festival with no refund. Concessionaires will not be allowed to sublet their space. No drinking of alcoholic beverages or smoking during Festival hours. The Festival is a family event. Pets will not be allowed in concession area or Kite Festival area at any time, including setup time. Violation of any Festival conduct rules will result in immediate forfeiture with no refund of your space at this event and at any future events. If you have any questions, contact us at dixiepowerkitefestival@dixiepower.com Thanks for your cooperation. Concessionaire Signature Date

6 6 RELEASE, WAIVER & INDEMNIFICATION AGREEMENT Application to fill out & sign and return with your application This Release, Waiver and Indemnification Agreement is hereby given by ( Indemnitor ), on the one hand, in favor of The Dixie Power Kite Festival; Dixie Power and Dixie State University; and all other sponsors, donors, volunteers, organizers, and fund raisers. RECITALS WHEREAS, Indemnitor is a vendor at the Dixie Power Kite Festival to be held on April 13, 2019 at properties owned, managed, controlled or administered by Dixie State University (the Kite Festival ); and WHEREAS, Indemnitor recognizes the potential for risk of harm to persons and property at the Kite Festival; and WHEREAS, Indemnitor desires that Indemnitees not be at risk for activities of the vendors at the Kite Festival, including the activities of Indemnitor, NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Indemnitor covenants as follows: Indemnitor hereby releases Indemnitees and forever waives Indemnitor s claims against Indemnitees for any and all claims, causes of action, damages, demands, penalties, and costs, including attorney fees, that arise in relation to the Kite Festival. Indemnitor acknowledges that this Release applies to all claims or causes of action which currently exist or which have existed, or which may arise or are discovered in the future in relation to Indemnitor s activities at the Kite Festival. Indemnitor intends this to be a complete and total release of all claims, whether known or unknown, fixed or contingent, or whether the facts hereafter prove to be other than or different than the facts known by Indemnitor or believed by Indemnitor, and this Release and Waiver shall be construed as broadly as the law allows to accomplish this stated intention. Indemnitor represents and agrees that no legal action of any kind will be taken against Indemnitees by them in relation to the Kite Festival. Indemnitor shall indemnify and hold Indemnitees harmless for any and all claims, demands, losses, costs, obligations, and liabilities Indemnitees may incur or suffer in direct or indirect relation to Indemnitor s acts or omissions at the Kite Festival. Indemnitor shall also indemnify and hold Indemnitees harmless from any and all claims, demands, losses, costs, obligations and liabilities that Indemnitees may incur or suffer as a result on Indemnitor s breach of any agreement, covenant, or warranty in this Agreement. Indemnitor shall further indemnify and hold Indemnitees harmless from any and all liabilities, claims, and causes of action arising from operation of the Kite Festival. The indemnity obligations of this paragraph shall include indemnity for reasonable attorney fees and court costs incurred. This Agreement shall be governed by the laws of the State of Utah and shall be binding upon Indemnitor s heirs, successors, agents or assigns and shall be for the benefit of (i) Indemnitees, their employees, officers, agents, affiliates, agents and assigns and (ii) all Kite Festival volunteers, donors, sponsors, organizers, and fund raisers. DATED this day of,. BY: Its: