SPACE RENTAL AGREEMENT

Definitions – For the purposes of this agreement, the term “Vendor” applies to any individual, organization, or business entity that activates a booth or rental space at the UVSA Tết Festival.

 

Services Rendered – The Union of Vietnamese Student Associations of Southern California, henceforth “UVSA”, shall render services to Vendor as outlined in your fully paid invoice or trade agreement. Vendor, in return, shall comply with the terms in this agreement.

 

Date & Hours – The UVSA Tết Festival shall operate with the following days and hours:

 

Thursday, 1/26/23 Friday, 1/27/23 Saturday, 1/28/23 Sunday, 1/29/23
Setup Hours 6:00PM – 11:00PM 8:00AM – 2:00PM 7:00AM-9:00AM 7:00AM-9:00AM
Event Hours 4:00PM – 10:00PM 11:00AM – 10:00PM 11:00AM – 9:00PM
Teardown Hours 9:00PM – 11:59PM

 

Location – OC Fair & Event Center, 88 Fair Drive, Costa Mesa, CA 92626 in Parking Lot I (i.e “i”). The lot is outdoors and consists entirely of black asphalt.

Refund – Vendor must provide a written or emailed cancellation request by January 6, 2023 in order to receive a full refund. No refunds will be issued after January 16, 2023. If a space is reserved after January 6, 2023, all sales will be final and no refunds will be issued.

Payment – UVSA accepts checks (personal, business, money order, cashier’s) and credit card payments. Check payments which bounce or credit card payment chargebacks will incur a $50 fee. All credit card transactions will be subject to a 3% surcharge. UVSA does not accept cash payment for space rentals. Payment must be received to secure and activate space rental. 

Mandatory Meeting – Vendors MUST attend the Mandatory Vendor Meeting. This will tentatively take place according to the timetable below in-person.

PREPACK & OPEN FOOD VENDORS EXHIBITORS
January 4, 2023 @ 7PM January 5, 2023 @ 7PM
Location: Admin Building of OCFEC Location: Admin Building of OCFEC

 

Setup & Teardown – Vendor may set up according to the hours listed in Date & Hours. Vendors may drive their vehicles on the festival grounds during setup hours only. All vehicles must be removed from the festival grounds two hours prior to opening. UVSA will prohibit Vendor from operating until vehicle is removed and failure to remove any vehicles will result in automatic cancellation of Vendor’s space rental with no refund. Vendors shall remove all exhibits and inventory by 11:59 PM on closing day. UVSA shall provide Vendor with an updated schedule at the mandatory Vendors Meeting.

Vehicles & Trailers – Vendors are prohibited from parking cars, trucks, trailers, and other motor vehicles on the festival grounds without prior permission from UVSA. Special exceptions can be made for non-food exhibitors when the vehicle is part of the exhibit and occupies the rental space.

Admission Tickets – Open food vendors will receive 25 admission tickets per 10’x10’ space rental and all other vendors will receive 20 admission tickets per 10’x10’ space rental unless specified on Vendor’s invoice or trade agreement. Each admission ticket allows entry for one individual for one day of the event. Admission tickets may be used at both the Main Gate entrance as well as the Vendors Gate. All Vendors will be required to have an admission ticket or a re-entry hand stamp to enter. Vendors without an admission ticket or re-entry hand stamp will be required to purchase an admission ticket at the Main Gate.

Vendors Gate – A special entrance is available for Vendors entry ONLY. Vendors may enter through the Vendors Gate freely up until the opening of the event. During festival hours, all Vendors will be required to have an admissions ticket or a re-entry hand stamp to enter. Vendors without an admission ticket or re-entry hand stamp will be required to purchase an admission ticket at the Main Gate.

Parking – Exhibitors and pre-pack food vendors will receive one (1) Friday, one (1) Saturday, and one (1) Sunday parking hang tag unless otherwise stated on Vendor’s invoice or trade agreement. Open food vendors will receive two (2) Friday, two (2) Saturday, and two (2) Sunday parking hang tags unless otherwise stated on Vendor’s invoice or trade agreement. The parking hang tag allows Vendors to park in the designated Vendor parking lot. UVSA will provide Vendor with the location at the mandatory Vendor meeting or prior to the event. UVSA may allow Vendor to purchase additional parking hang tags at the mandatory Vendor meeting.

Booth – Each space rental includes a canopy. UVSA shall provide all exhibitors and food vendors with a 10’ x 10’ x 7’ (height) flame-resistant canopy with a roof. Sponsors with canopy reservations will be sized in accordance with the trade agreement. For exhibitors (non-open food), the canopy will include a lighting fixture and a back wall. For open food, the canopy will only include a roof with no lighting, no walls, and no mesh netting. Canopy size may be larger if Vendor reserves a larger space. Vendors shall not modify, adjust, damage or remove any part of the UVSA-provided canopy.  Prior to the start of the event, Vendor must complete a booth inspection to report any existing damage to the canopy. After the event, UVSA will inspect each booth and Vendor will be charged for any damages not initially reported by Vendor. Any modifications to the canopies made without prior approval from UVSA will result in forfeiture of the security deposit.  If any vendor wishes to use an alternative setup, they must notify UVSA by Friday, January 13, 2023.

Vendor-Provided Canopies – Vendors are only permitted to use self-provided canopies if they are open food vendors using additional food storage space behind the fire access lane. Usage of this space requires a separate permit and additional charge. No vendor-owned canopies will be permitted in the main booth areas without prior permission from UVSA. If approved, UVSA will leave the rental space vacant for Vendor. If Vendor brings their own canopy or structure, Vendor must ensure that their canopy or structure is flame-resistant, secure their canopy or structure with sandbags or concrete blocks, provide their own lighting fixture, and fully enclose their booth if required by the health department. UVSA will not provide Vendor with any items or services outside of access to electricity.

Booth Operating Hours – Vendors are expected to be present in their booth during all hours of event operation. During operation hours, Vendor booths must have a person-in-charge present at all times. If Vendor’s booth is vacant, non-operational, or missing a person-in-charge during operation hours, Vendor shall be charged a fee which will be deducted from their security deposit.

Security Deposit – Vendors will be required to place a refundable security deposit for their space rental. UVSA shall deduct from Vendor the following: (1) missing parts or damages to UVSA-provided canopy that were not reported during Vendor booth inspection, (2) damages to property belonging to the OC Fair & Event Center, (3) failure to comply with Booth Operating Hours above up to a maximum of one-half of Vendor’s deposit per event day, and (4) any other charges Vendor incurs which are outlined in this agreement. Security deposit shall be returned to Vendor within 4 weeks after the conclusion of the event.

Flyering & Solicitation – Vendor may only solicit its products and services including distributing fliers no greater than ten (10) feet around Vendor’s booth and shall not obstruct other vendors from doing business with attendees. Soliciting outside the event entrance, in the parking lot, or in any area not directly around Vendor’s space is strictly prohibited.

Tables & Chairs – UVSA will not provide tables or chairs unless specified in trade agreement or approved by UVSA. 

Booth Location – All vendors may notate preferred booth location in the applications. This location will not be guaranteed, and returning vendors’ preferences will be given first priority when assigning locations. Vendors’ final locations may be subject to change as determined by UVSA as necessary to accommodate for any changes made by UVSA to the map layout. UVSA will in turn make sure to communicate any changes to the map layout to affected Vendors. Locations are a first come first serve availability and booth change requests are not guaranteed. 

Exclusivity – UVSA does not offer exclusivity, either category or product, to any Vendor. Vendor understands that there may be competing vendors exhibiting the same or similar products or services. 

Description of Products and Services – Vendors must describe in full detail the nature of their business, including listing all products and services to be displayed or sold. Food vendors must include a description of items being sold, serving sizes, and price per serving. Each item must be approved by UVSA and any items not approved must be removed from display.

Electricity – Each booth will be provided with one (1) three-pronged electrical outlet within 25 feet of their booth. Exhibitors will receive an outlet which runs a maximum of 18 amps per booth. Food Vendors will receive their own power box allotting for up to (6) outlets with the capacity for 18A each. Should Vendor require more power, Vendor must specify on the Vendor Application under Power Needs. Additional fees will apply should the Vendor require additional power. 

Security – Night-time Security personnel shall patrol the festival grounds during non-operational hours. Night time security will begin Thursday night and end Monday morning. UVSA is not liable for any loss or damage to items and recommends that Vendor have special event insurance. UVSA recommends that Vendor remove all inventory and fully enclose their booth using tarp or similar material each night.

Seller’s Permit – Vendors making any on-site sales on taxable goods or services must have a valid temporary or permanent seller’s permit issued by the California Department of Tax and Fee Administration (CDTFA) with the event dates and OC Fair & Event Center address.

Health Code – Vendors selling food must comply with all health codes, have a proper health permit, and be prepared for inspection by the OC Health Care Agency by 1:00 PM on Friday, January 27, 2023. Open Food vendors must fully enclose their booth with walls or mesh. UVSA will provide access to a 3-compartment hot/cold sink and waste disposal (coal, oil, trash) within 100 feet of their space. All vendors selling food must select a location within 200 feet of a restroom facility. Vendors will be billed for any damages as a result of improper disposal of waste, charcoal, and oil.

COVID – In order to operate on OCFEC grounds within UVSA Tết Festival hours, vendors must comply with covid plans as specified by UVSA and Tết Festival staff. UVSA will be releasing the COVID plan as we get closer to the event.

Fire Code – Open food vendors that are cooking with an open flame shall ensure that such flames are positioned away from any tent or canopy. Cooking equipment with an open flame such as burners, grills, deep fryers, or similar, must not have any flammable surfaces underneath, must be at least 15 feet away from any canopy structure, and not be accessible or within reach to event patrons. All open food vendors must have a 2A:10BC-type fire extinguisher with a current service tag or receipt if purchased within the past 365 days. If Vendor is deep frying, Vendor must also have a K-type extinguisher. Fire extinguishers must be elevated 4-5 feet high from the ground and be readily accessible at all times. Propane tanks must be placed inside a crate or fastened securely to a stable structure.

Sound Code – The OC Fair & Event Center prohibits Vendor from using any form of amplified sound in or around their booth.

Beverages – The OC Fair & Event Center is a Pepsi-only facility. All canned or bottled beverages offered for sale must be approved Pepsi products unless Pepsi does not provide such beverage (ie sugar cane juice, soy milk, etc). No glass bottles permitted. All beverages in glass or can containers must be poured into disposable cups. Water bottle sales will not be permitted from all vendors. Water bottle sales for the UVSA Tết Festival will be sold exclusively by UVSA.

Helium Balloons – Helium balloons may not be distributed or sold inside or outside the Tết Festival. With the prior approval from UVSA, helium balloons may be used when they are permanently affixed to a booth display. If helium balloons are released for any reason within the Tết Festival, labor and equipment costs associated with the removal of the balloons from ceilings shall be charged to Vendor.

Crowd Management – Vendors must manage crowds and lines outside their booth to minimize the blocking of accessways and other booths using colored duct tape, stanchions, or personnel to direct guests into an organized line. This includes Food Vendor Booth lines, Exhibitor spin-the-wheel game line, and other activities which draw large crowds of people. Vendors who do not manage their crowds will be prohibited from operating. Examples of crowd management methods will be presented at the mandatory Vendors Meeting.

Non-Profit Discount – UVSA provides a non-profit discount with the following conditions:

  1. Non-profit may only distribute information about their charitable cause. Non-profit may not sell any goods or services or be a game booth. Non-profit may solicit for charitable contributions within 10 feet of their booth.
  2. Non-profit must provide a copy of their determination letter from the IRS or California Franchise Tax Board as evidence of nonprofit status.
  3. All paperwork shall list Non-profit’s name.
  4. Booths will be inspected to ensure all products and services are under the Non-profit’s name.
  5. If Non-profit is doing business as another entity, provide “doing business as” documentation from their county clerk.

Hand-Made Craft Discount – UVSA provides a hand-made craft discount with the following conditions:

  1. The crafts are locally made entirely by hand.
  2. The crafts are not entirely mass-produced by a company.
  3. Parts of the crafts are not entirely shipped from overseas.. 
  4. Crafts may only use original artwork.
  5. All crafts are subject to inspection by UVSA.

Game Booths UVSA does not allow game booths except under the following conditions:

  1. Vendor’s primary business is to display arcade-style games, including skill-based claw machines, vending machines which dispense random toys or collectibles, or coin-operated arcade machines. Prizes may not be cash or any item which could be redeemed for cash.
  2. Vendor’s primary business is not related to games, but is permitted to operate a small game of chance or skill, such as a spin-the-wheel or pull-up bar, as a means to attract guests to their booth. Prizes may not be cash or any item which could be redeemed for cash.
  3. Carnival-style games, including games of skill or chance, which require cash to play are only permitted under a separate game operator or carnival provider agreement.

Prohibited Activities – Vendors shall not share or sublease any part of their booth space for any other business or purpose other than what was written on Vendor Application, invoice, or trade agreement. Vendor may not display, sell, distribute, promote, or use any of the following items: illicit drugs, alcoholic beverages, cigarettes, e-cigs, firecrackers, fireworks, firearms, weapons, or any items that promote casinos/gambling and vulgar/offensive/sexually explicit materials as judged by UVSA. Such judgment by UVSA shall be final. Vendors may be requested to remove a product or service displayed at their booth at the sole discretion of UVSA if deemed unsuitable by UVSA, and such decision shall be final. Vendor agrees that UVSA shall not be liable for any damages or losses, pecuniary or otherwise, foreseen or unforeseen, incurred by Vendor as a result of such action.

Anti-Harassment Policy – UVSA prohibits harassment of any kind, including sexual harassment, and will take appropriate and immediate action in response to complaints or knowledge of violations of this policy. For purposes of this policy, harassment is any verbal or physical conduct designed to threaten, intimidate or coerce an employee, co-worker, or any person working for or on behalf of UVSA. The following examples of harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:

  • Verbal harassment includes comments that are offensive or unwelcome regarding a person’s national origin, race, color, religion, gender, sexual orientation, age, body, disability or appearance, including epithets, slurs and negative stereotyping.
  • Nonverbal harassment includes distribution, display or discussion of any written or graphic material that ridicules, denigrates, insults, belittles or shows hostility, aversion or disrespect toward an individual or group because of national origin, race, color, religion, age, gender, sexual orientation, pregnancy, appearance, disability, sexual identity, marital status or other protected status.

Liability & Additional Regulations – UVSA shall not be responsible for any loss to Vendor due to natural causes or force majeure including, but not limited to, rain, thunder and lightning, and wind. Vendor agrees to indemnify and hold harmless, UVSA, its officers and directors, agents, representatives, and employees from any and all claims, damages, losses and liabilities arising from the Vendor’s participation with the Tết Festival. UVSA assumes no responsibility for damaged or lost articles/booths/exhibits belonging to Vendor. Vendor agrees to comply with all the regulations of the facility hosting the Tết Festival and all federal, state, and municipal laws, including health and safety. Vendor agrees to be responsible for collection and reporting of sales tax as required by law. Vendor shall be responsible for obtaining all licenses, permits, health certificates or items required by governmental agencies in order that Vendor’s booth may be lawfully operated. UVSA has full authority to stop Vendor from operating, without refund, should Vendor sell or promote products and/or services other than those stated in Vendor’s application. UVSA reserves the right to remove any Vendors from the Tết Festival for any reason.