Thank you for your interest and support of the 2024 Juneteenth Celebration! After clicking submit, you will be directed to the payment page. Additional “Day of Event” information will be sent to your email address.
2024 Juneteenth Agreement
Administered and managed by MOCHA Enterprises on behalf of Black El Paso Voice.
This Vendor Agreement is made effective as of the date above and signed, by and between the organizer, MOCHA Enterprises on behalf of Black El Paso Voice, (hereinafter referred to as “MOCHA” and/or the “Organizer”) and VENDOR FOR EVENT (hereinafter referred to as “VENDOR”).
MOCHA is the Organizer acting on behalf of Black El Paso Voice, and renter of Nations Tobin PARK (“PARK”) located at 8831 Railroad Dr., El Paso, Texas 79904 (herein after referred as the “Building” or “Park”), where the 2024 Juneteenth Celebration will be conducted; and WHEREAS, VENDOR is engaged in the business of Products/Goods, Information, and/or Services.
The terms and conditions and rules and guidelines are a part of this agreement. We reserve the right to decline vendors. Illegal products and services may not be displayed at the event. If in doubt, contact us. Must be age 18 or older.
PURPOSE | BOOTH RENTAL. MOCHA agrees to provide VENDOR space to conduct VENDOR’s business in Nations Tobin PARK, at 2024 Juneteenth Celebration. VENDOR’s use of PARK is limited to the space selected by MOCHA as identified prior to the event. In general, VENDOR is guaranteed a minimum of 100 square feet of space (minimum of 10×10).
VENDOR accepts the opportunity to participate as a vendor in the PARK for the 2024 Juneteenth Celebration commencing on June 15, 2024, at 4PM MDT and ending on June 15, 2024 at 9PM MDT. VENDOR hereby accepts the following listed conditions and limitations.
BOOTH STATIONS.
FOOD VENDORS. (Not Food Trucks)
FOOD TRUCKS.
HOURS OF OPERATION. VENDOR’s area shall remain open from 4:00 PM to at least 9:00 PM the day of Event.
INSTALLATION AND TEAR DOWN. VENDOR may set up the facilities for sale or service, on June 15, 2024, between 2PM and 3:30PM. Setup will not take place during event hours. No exceptions. Vendors must have area setup at least on half hour prior to the start of the event. VENDOR shall remove his/her items for sale or items for service from the PARK beginning no later than 9:00 PM on June 15, 2024.
RAIN OR SHINE:
The 2024 Juneteenth Celebration is a rain or shine event. The event will operate – Rain or Shine. NO refunds will be given due to the weather. When vendors opt to take part in an event that operates regardless of weather conditions, they accept all the hazards linked with unfavorable weather. However, in case the event must shut down due to severe weather, vendors will be given credit for another event by BEPV to be used on a future date. Credit given must be used within the 2024 season and cannot extend to the next calendar year. Credits are not transferable.
REFUND POLICY:
Refunds are not given.
PAYMENT. VENDOR is provided with the Space in the Park at the following rates:
Payment must be paid upon signing of this Agreement. Space locations will be assigned by MOCHA and provided to VENDOR within three days in advance of the Event.
VENDOR is not required to pay MOCHA any additional fees for the sale of their goods and/or services.
VENDOR is required to pay MOCHA for cleanup of area if left unclean.
APPEARANCE. VENDOR is responsible for cleaning and maintaining the Space provided in an organized and neat manner. This responsibility includes VENDOR’s responsibility to remove bulk trash. Should VENDOR fail to keep the Space in an orderly manner will result in additional removal fees.
EXTRA SERVICES. MOCHA is not obliged to provide telephone, water, electrical and drain services to VENDOR. VENDOR shall also be responsible for payment of other charges like electricity charges, water charges, taxes, etc. to the concerned authorities, if applicable.
DISPLAYS AND SIGNS. All displays in the Park must be free standing. Nothing may attach to trees, walls, or columns of the Park by any means at all. Signs must be free standing. Signs should not block other vendor’s shops. Signs cannot be attached to trees, walls, or columns of the Park.
QUALITY PRODUCTS. VENDOR shall ensure proper quality of the products sold. VENDOR shall comply with all applicable laws as to vendor’s sales.
EMPLOYMENT OF STAFF. VENDOR will employ adequate staff at VENDOR’s own cost in order to operate the Space provided by MOCHA. Food vendors must have food handler’s certificate on the premises.
FOOD TRUCKS AND OTHER FOOD VENDORS. Charcoal may not be used. Propane tanks may be used. Each vendor should have their trash barrel. Food trucks are not permitted on top of grass. Food trucks must possess Health department issued permits, and must have permits inside the vehicle, and displayed within plain view for anyone to see.
FOOD AND BEVERAGES. No food or beverage may be brought into the Park by VENDOR from outside. VENDOR shall purchase all foods and beverages from facilities provided for the event unless vendor is a food or beverage vendor themselves. No exceptions.
INSURANCE. VENDOR is solely responsible for obtaining insurance coverage on property brought into the Park. VENDOR assumes full responsibility for items left in the facility or in the Park. MOCHA accepts no liability for lost, stolen or damaged property and is not required to carry additional insurance to cover VENDOR’s property.
WAIVER OF RESPONSIBILITY AND RELEASE FOR EVENT PARTICIPATION
I, hereby acknowledge and understand that participation in the 2024 Juneteenth Event, organized by MOCHA, involves inherent risks and dangers, including but not limited to those associated with physical activity and the use of equipment and facilities. In consideration for being allowed to participate in the event, I voluntarily assume all risks of loss, damage, injury, or death that may be sustained by me, whether caused by the negligence of the Event Organizer, its affiliates, employees, agents, its sponsors, vendors, volunteers, or otherwise.
I hereby waive, release, and discharge any and all claims, demands, causes of action, judgments, damages, liabilities, and expenses of any kind, whether known or unknown, that I may have or hereafter acquire against the Event Organizer, its affiliates, employees, agents, sponsors, volunteers, vendors, and representatives arising out of or in any way related to my participation in the event.
I understand and agree that this Waiver of Responsibility and Release for Event Participation is binding upon my heirs, executors, administrators, and assigns.
I certify that I am physically fit and have sufficiently trained for participation in this event. I also certify that I am at least 18 years of age, or that I have obtained the consent of my parent or legal guardian if I am a minor.
MEDICAL TREATMENT. I hereby release and forever discharge MOCHA from any claim whatsoever which may arise or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with any emergency during my tenure as a VENDOR with MOCHA.
ASSUMPTION AND RISK. I understand that the services that I provide to MOCHA may include activities that may be hazardous to me, including but not limited to assisting vendors, clean up, or other details related to providing a fun and clean atmosphere. I hereby expressly assume the risk of injury or harm from these activities and release MOCHA from all liability for injury, illness, death or property damage resulting from the services that I provide as a VENDOR or occurring while I am providing VENDOR services at MOCHA.
PHOTOGRAPHIC & VIDEO RELEASE. I grant and convey to MOCHA all the right, title, and interests in any and all photographs, images, video, or audio recordings of me or my likeness or voice made by MOCHA in connections with my providing VENDOR services to MOCHA, in perpetuity.
DRESS CODE AND PROFESSIONALISM. As a VENDOR with MOCHA, you are a representative of the organization and personal cleanliness, and good grooming are essential. Your personal appearance and dress should be clean, neat, and professionally reflective of the business you represent, yet comfortable for the occasion at your leisure. Your conduct should also be professional. Foul language and rowdiness will NOT be tolerated. And good customer service is expected of you if you are speaking to attendees, sponsors, or vendors. Treat others and their property respectfully. Loud music is not allowed from booths.
AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by MOCHA, or the employees, representatives, or agents of MOCHA.
INDEMNIFICATION. I agree to indemnify and defend MOCHA against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of MOCHA.
FEES. I agree to pay for all damages to the facilities MOCHA has secured that may be caused by any negligent, reckless, or willful actions by me, my family, or anyone associated with me that may be assisting me.
This includes trash left behind at the cost of the vendor fee.
APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Texas law.
NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that MOCHA has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
OTHER. As a VENDOR/contractor, I expressly agree that this Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the state of Texas and that this Release shall be governed by and interpreted in accordance with the laws of the state of Texas. I agree that in the event that any clause or provision of this Waiver and Release is deemed invalid, the enforceability of the remaining provisions of this release shall not be affected.
ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement: The failure to make a required payment when due.
The insolvency or bankruptcy of either party.
The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, or other labor disputes. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
ARBITRATION. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court in El Paso, Texas. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Texas.
NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
ASSIGNMENT. Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
SIGNATORIES. This Agreement shall be signed on behalf of MOCHA by an appointee, and on behalf of VENDOR by Owner or appointee and shall be effective as of the date first written or submitted above.
I have read this Waiver of Responsibility and Release for Event Participation, and I fully understand its contents. I am aware that by signing this document, I am giving up certain legal rights and remedies that may otherwise be available to me.
I hereby agree to accept a position as a Vendor with MOCHA.
I acknowledge I have read and accept these conditions.
By submitting your signature digitally, you agree that you are participating in a legally binding agreement. Some terms are subject to change.
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Information pertaining to COVID via the CDC
If you have COVID-19, you can spread the virus to others. There are precautions you can take to prevent spreading it to others: isolation, masking, and avoiding contact with people who are at high risk of getting very sick. Isolation is used to separate people with confirmed or suspected COVID-19 from those without COVID-19.
Information pertaining to Monkey Pox via https://www.elpasotexas.gov/public-health/monkeypox/
Agreement and Rules