VENDOR AGREEMENT
By signing this Vendor form, the vendor agrees to the following guidelines set out by Outreach, Inc. All entries must comply with the City of Madison’s ordinances and laws and the instructions given by Outreach, Inc. staff and any Magic Pride Festival volunteers.
Failure to adhere to these guidelines may result in denial of vendor application or removal from event area.
Terms and Payment: This agreement will not be considered valid until payment has been received by Outreach, Inc. The term of the agreement begins on the day payment has been received.
Subject to approval: Applications are subject to approval by Outreach, Inc. In addition, Outreach, Inc. can reject any application they believe inappropriate or in misalignment with the organizations’ mission, values, goals, and overall spirit of the Magic Pride Festival.
For all registrants: This agreement affirms that the applicant and/or business represented by the applicant act in accordance to the mission of Outreach, Inc., of a commitment to equity and quality of life for all LGBTQ+ people through community building, health and human services, and economic, social, and racial justice advocacy. Signature of this agreement affirms that the individual, organization, or business named does not discriminate in hiring, employment, participation, or services rendered based on the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, domestic partner status, disability, or Acquired Immune Deficiency Syndrome or HIV status. If the individual, organization, or business named revokes any policies related to Diversity, Equity, and Inclusion (DEI), or otherwise begins acting in opposition to the mission and values of Outreach, Inc. during the terms of this agreement, vendor status may be revoked and refund of payment will be assessed on a case-by-case basis.
Permits/Licensing/Insurance: Vendors are required to obtain, at their own expense, any and all permits, licenses, and/or insurance that may be required by the City of Madison, and/or the County of Dane, and/or the State of Wisconsin.
Sales Tax: Vendors selling any merchandise/services subject to Wisconsin sales tax assume all responsibility and liability for collection and remittance of such tax.
Vendor Responsibility: It is the sole responsibility of the vendor for set-up, take down, and cleaning of their entry throughout the entire day.
Lost/Damaged Items: Vendors accept all responsibility and liability for any losses due to theft or damage. Outreach, Inc. assumes no responsibility for any loss due to theft or damage.
Non-Transferable: Booth space is non-transferable and may not be reassigned or resold to a third party without express written permission of Outreach, Inc.
Shared Space: Vendor space may not be shared without prior written approval from Outreach, Inc.
Safety: Safety is everyone’s first priority. Vendors should not endanger the safety of themselves, other vendors, and/or the general public. The entire festival grounds are a gun and weapons free zone. No promotion of weapons during this event will be allowed.
Unapproved conduct: No unapproved signs, banners, or groups promoting or showing profanity, sexual acts, nudity, or sexually graphic images will be permitted. All state and local ordinances (26.01 PUBLIC INDECENCY) regarding nudity will be enforced.
Consent/Inappropriate Conduct: Vendors are not allowed to touch event attendees without clear consent and must refrain from making comments that are or can be taken to be sexually explicit or otherwise inappropriate. Any Vendor in violation of these agreements will be removed from the event area.
Partisan Political Activity: Outreach, Inc. is a 501(c)3 organization and cannot engage in partisan political activity per IRS laws. It is our policy that partisan political groups are not permitted to vend or table at the Magic Pride Festival. Vendors at the Magic Pride Festival are not allowed to engage in partisan political activity at the event, including, but not limited to, distributing campaign materials or campaigning for candidates for political office. Advocacy groups are allowed but cannot campaign for political candidates.
Rescheduling/Cancellation: Outreach, Inc. reserves the right to reschedule, relocate, or cancel the 2025 Magic Pride Festival if necessary for any reason, including but not limited to: weather, failure to receive commitment from sponsors, issues related to safety and security, and factors unrelated to the control of Outreach, Inc. (i.e. fire, strike, change of law or regulation, or public catastrophe). If the Magic Pride Festival is cancelled in whole, vendors will be refunded on a case-by-case basis. No further refunds or other amount will be due from Outreach, Inc. and in no case will the amount of the refund exceed the amount of the vendor fee paid. If a vendor fails to attend the Magic Pride Festival, the business/organization may not be refunded.
Liability: Neither Outreach, Inc. nor its representative(s) will be responsible for any injury, loss, harm, or damage that may occur to the vendor from any cause whatsoever. Under no circumstances will Outreach, Inc. be liable to lost profits or other special consequential damage. The foregoing will apply regardless of how any claim is brought or how damages are characterized, including whether brought in contract, tort, or otherwise.
Hold Harmless: Vendors understand that Outreach, Inc. has no control over external elements/events that may prevent and/or disrupt the festival and agree to hold Outreach, Inc. harmless for any losses arising out of such elements/events, including but not limited to: protestor activities, terrorist actions, actions of local authorities, acts of God, etc. Each party hereby indemnifies and holds the other party, as well as the other party’s respective agents, representatives, principals, employees, officers and directors, harmless from and against any loss, damage or expense, including reasonable attorneys’ fees, incurred or suffered by or threatened against a party or any of the foregoing in connection with or as a result of any claim for personal injury, property damage or other loss brought by or on behalf of any third party person, firm or corporation as a result of or in connection with the Vendor Application, which claim does not result from the active negligence of the other party.
