Participate

THIS PARADE PARTICIPATION CONTRACT (the "Contract") is hereby entered into by and between the Newport Saint Patrick’s Day Parade, a Rhode Island non-profit corporation with its principal office located at 34 Norman Street, Newport, Rhode Island 02840 (the “Committee"), and:

In consideration for the Committee permitting the Parade Group as an independent contractor to participate in the 2024 Newport Saint Patrick’s Day Parade and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, the Parade Group and the Committee hereby agree as follows:

1. Definitions:
   1. Parade Group - shall mean and include the organization submitting this application and all its members,parade participants, volunteers and guests.
   2. Parade Official - shall mean any person authorized by the Newport Saint Patrick’s Day Parade CommitteeInc. to assist in the supervision and operation of the Parade.
   3. Committee – shall mean the Newport Saint Patrick’s Day Parade.
2. Authority of Parade Officials: Parade Officials shall have the authority to supervisor and direct the activities ofall Parade Groups. All Parade Groups must follow all directions and instructions given by Parade Officials. TheParade Group acknowledges receipt of a copy of the Parade Rules contained in the parade application and agrees toabide by all rules therein. Decisions on the application and interpretation of Parade Rules are in the exclusive purviewof Parade Officials.
3. Certification of Authority by The Parade Group: The Parade Group certifies that it has obtained authority fromeach of its members, parade participants, volunteers and guests to enter into the terms of this contract on their behalfand to bind each and all of them hereunder and the Parade Group further agrees to inform and require adherence byeach of them to the terms of this contract and the parade rules contained in the parade application.
4. Parade Group Advertising: The Parade Group agrees to pay a $300 fee prior to the Parade for each commercialadvertisement it displays in any way at any time during the parade. This fee applies separately for each commercialadvertisement including any business logo or name displayed. Questions concerning advertisements should bedirected to Parade Officials prior to the parade. Parade Officials reserve the right to reject and prohibit anyadvertisement, sign, banner or display of any kind from the parade.
5. Exclusivity: The local businesses that support the parade make it possible to hire groups that perform or appear inthe parade. Therefore, the Parade Group, as further consideration, grants the Committee the exclusive rights to itsperformances and appearances as follows:
   1. The Parade Group agrees not to perform in any manner and/or appear in uniform within a two-mile radius of the Parade Route for a period of twelve hours before the start and twelve hours after the conclusion of the parade, at any commercial venue which doesn’t have a Newport Saint Patrick’s Day Parade support poster displayed in the business. Groups found to be performing or appearing at such places not displaying a parade support poster shall forfeit from their contracted compensation, the cost of a parade support poster (1/2 page) for each venue at which they perform or appear in uniform. A copy of our support poster can be viewed on our website.
6. Placement of Position in Parade: The Parade Group shall be assigned a position in the parade by ParadeOfficials. Parade Groups must march in their assigned parade position. Late arrivals will be placed in the last divisionof the parade.
7. Parade Pace: Parade Groups are not allowed to stop and perform anywhere along the parade route (unless it is anofficial parade rest stop) if such stop or performance in any way disrupts the flow of the parade. All Groups mustinsure they are keeping pace with the Parade Group ahead of them and there are not unreasonable gaps which interruptthe flow of the parade.
8. Supervision of Children: Children under the age of 18 must be accompanied and directly supervised by are responsible adult at all times.

9. Intoxicants: Drinking of alcohol or consuming illegal substances by parade participants is not permitted at anytime during the parade or its formation.
10. Throwing or Discharging Items: No candy or other objects shall be thrown or discharged from a float/vehicleor by any participant in any way during the parade including water pistols, silly string, confetti, etc.
11. Float/Vehicle Safety Requirements: All floats with passengers must have sturdy attached horizontal safetyrailings at a minimum of 18 inch from the base or floor of the float and railings at intervals of at least 18 inch to aheight of 4½ feet or a wall that is a minimum of four feet high, for the safety of passengers. A licensed, qualifieddriver must operate vehicles towing floats. Drivers must be a minimum of twenty-one years old and be in control ofthe vehicle at all times. No vehicle used in the parade may be left unattended at any time. All vehicles and floats mustmeet minimum safety and insurance regulations set by Rhode Island State Law. Parade Groups on floats agree not tohang off the float or dangle their feet off the float. All of a participant’s body must be on solid footing and behindeither a rail or wall. Floats must move less than five miles per hour when in the parade or lineup area. Riders may notjoin the float or any vehicles after the parade has commenced. Handing out items from floats/vehicles is strictlyprohibited.
12. Parade Group Clean-up: Each Parade Group shall clean up any materials or debris left in the staging area oralong the parade route by your Parade Group. This applies particularly (but not exclusively) to Groups with animals.
13. Firearms, Fireworks, Pyrotechnics: Discharging of firearms or any other exploding ordinances, fireworks orthe use of pyrotechnics is strictly prohibited.
14. Noise Restrictions: Wailing of sirens, sounding horns, or emitting any other loud noises other than by thenormal use of musical instruments is strictly prohibited, no noise is allowed over 75dBA.
15. Parade Group Insurance: Each Parade Group is required to have general liability insurance covering propertydamage of a minimum of $100,000.00 and as to personal injury in an aggregate amount of at least $500,000.00 perincident and $100,000.00 per person injured and each Parade Group using a vehicle in the parade shall ensure that allsuch vehicles are insured as required by Rhode Island law.
16. Compliance with Law: Parade Groups agree to obey all Rhode Island State Laws and the City of NewportMunicipal Code and Ordinances at all times relevant to this contract.
17. Parade Group Designated Official: Parade applicants shall clearly identify a person or persons in charge of theirParade Group as their Designated Official who may be contacted by Marshals or other Parade officials regardingparade rules, procedures and any violations thereof.
18. Solicitation of Donations: Parade Groups are prohibited from soliciting donations in or around the parade areabefore or during the parade, or at any official post parade events.
19. Cancellation Notice: Groups who have committed to march in the parade but cannot honor their obligationsbecause of unforeseen circumstances or weather conditions shall make every effort to call the parade contact numberand make the committee aware at least four hours prior to the parade. No compensation shall be paid to ParadeGroups who fail to march in the parade for any reason. Failure to give notice of cancellation shall be cause forexclusion from future parades.
20. Parade Group Performances: All musical/entertainment groups are expected to entertain by performing alongthe entire route of the parade, except for minimal breaks along the way as designated by Parade Officials. Groups areexpected to have a full contingent and to all be dressed in uniform where applicable. All musicians participating in theparade are expected to perform throughout the parade.
21. Performance During Extreme Weather: In the event of extreme weather conditions as determined by ParadeOfficials, bands may ride the parade route in their buses performing on the buses with the widows open. However,they must get out of the buses whenever there are breaks in the weather as determined by Parade Officials. Bands notperforming will not be compensated. Bands partially performing will be partially compensated as determined by theCommittee.
22. Support Vehicles: Support vehicles are not allowed to follow any group unless prior written consent is given bythe Parade Officials.
23. Animals: Animals are prohibited from the parade unless written consent is given by Parade Officials. Animalsallowed in the parade must be kept in control and under the direct supervision of the Parade Group at all times.
24. Independent Contractor Status: Parade Groups participating in the parade, do so as independent contractorsand under no circumstances as employees.
25. Denial of Parade Participation: The Newport Saint Patrick’s Day Parade Committee, Inc. reserves the right todeny participation in the parade to any group.

26. Breach of Contract: Upon the breach of any of the terms of this contract by the Parade Group, the Parade Groupmay be immediately expelled from the parade, disqualified from all or partial compensation and denied entry in futureparades, all at the discretion of Parade Officials and the Parade Committee shall also retain any and all other remediesavailable to it at law or equity.
27. Severability: If any provision of this Contract is determined to be illegal or unenforceable, such provision will bedeemed amended to the extent necessary to conform to applicable law or, if it cannot be so amended withoutmaterially altering the intention of the parties, it will be deemed stricken and the remainder of the Agreement willremain in full force and effect.
28. Authorization for Use of Photographs, Names and Logos: The Parade Group certifies that it has obtainedauthority from each of its members, parade participants, volunteers and guests and through and by that authorityhereby authorizes and grants permission to the Newport Saint Patrick’s Day Parade Committee, Inc. to use the names,logos, photographs, films and tapes of the Parade Group and any of its members, parade participants, volunteers andguests for publicity, advertising and commercial promotion, before, during and after the event, and gives permissionto publish or sell or otherwise use or dispose of said photographs, films or tapes without any further compensation tothe Parade Group.
29. Liability Release: The Parade Group and each of its members, parade participants, volunteers and guests, herebyrelease and discharge the Newport Saint Patrick’s Day Parade Committee, Inc., it’s members, officers, directors,employees, agents, the City of Newport and anyone else vested with management, presentation or operation of theNewport Saint Patrick’s Day Parade from any and all known or unknown damages, injuries, losses, judgments and/orclaims from any cause whatsoever that may be suffered by any such member, participant, volunteer or guest tohis/her/its person or property as a result of participation in the Newport Saint Patrick’s Day Parade.
30. Waiver of Actions at Law or Equity: The Parade Group and each of its members, parade participants,volunteers and guests, hereby covenants not to sue and furthermore waives any and all actions at law or in equity thatmay accrue against the Committee or any of its members, officers, directors, employees, agents, the City of Newportand anyone else vested with management, presentation or operation of the Newport Saint Patrick’s Day Paradepertaining to the Parade Group’s participation in the Newport Saint Patrick’s Day Parade.
31. Indemnification: The Parade Group and/or each member, participant, volunteer or guest of the Parade Grouphereby expressly agrees to indemnify and hold harmless the Newport Saint Patrick’s Day Parade Committee, Inc., itsofficers, directors, employees, or agents, the City of Newport and anyone else vested with management, presentationor operation of the Newport Saint Patrick’s Day Parade, for any and all liability howsoever incurred or suffered by theNewport Saint Patrick’s Day Parade Committee Inc., any of its members, officers, directors, employees, agents, theCity of Newport and anyone else vested with management, presentation or operation of the Newport Saint Patrick’sDay Parade, including reasonable attorney fees and costs, occasioned or resulting from the actions, omissions orconduct of the Parade Group.
32. Acknowledgement and Assumption of the Risks: All parties agree that marching and/or performing in a paraderequires physical and medical fitness for those activities undertaken and that risks of participating in parades includebut are not limited to heart attacks, exhaustion, hypothermia, injuries from animals such as horses, mules, dogs etc.,slip and falls, injuries from collisions with vehicles, other participants, curbs, poles, injuries from loud sounds fromspectators, bands, musicians, vehicles and fire apparatus, etc. The Parade Group acknowledges that it will bevoluntarily participating in such activities and that each participant possesses the necessary fitness; and that theseactivities involve an inherent risk of injury which might result not only from their own fitness, actions, inactions, ornegligence but the actions, inactions, or negligence of others, the conditions of the parade route, the weather, vehicles,animals and equipment used. This includes any risks not reasonably foreseeable to the Committee or the ParadeGroup. The Parade Group and each of its members, parade participants, volunteers and guests knowingly and freelyassumes all such risks both known and unknown, even if arising from the negligence of the Committee or others.
33. Choice of Law and Venue: This Agreement shall be construed in accordance with and governed by the law ofthe State of Rhode Island including the application of any applicable statutes of limitations. Any action, suit orproceeding brought by any party with respect to, or to enforce the terms of, this Contract shall be brought by suchparty exclusively in the courts of the State of Rhode Island located in Newport County, Rhode Island, or in the courtsof the United States for the District of Rhode Island. Each party, by his, hers or its execution of this Contract,irrevocably submits to the exclusive jurisdiction and venue of said courts. A judgment from any such court may beenforced by any court of competent jurisdiction in the United States of America.
34. Entire Agreement: This Contract contains the entire agreement and understanding between the Committee andthe Parade Group with respect to the covenants contained herein. It shall not be changed orally but may be amended ormodified only by written instrument executed by the parties hereto.

35. Waiver of Contract Terms: No waiver by either party hereto of any condition or of any breach of any term,covenant, representation or warranty contained in this Agreement shall be deemed or construed as a further orcontinuing waiver of such condition or breach or waiver of any other or subsequent condition or the breach of anyother term, covenant, representation or warranty contained in this Agreement.
36. Binding Agreement: This Agreement shall be binding upon and inure to the benefit of the parties hereto, theirheirs, respective successors and assigns.
37. Section Headings: The section headings contained in this contract are for reference purposes only and shall notaffect the interpretation of this Agreement.

IN WITNESS WHEREOF, the parties hereto have signed this Contract or caused this Contract to be signed by their duly authorized representatives and this contract shall have an effective date, as of the date upon which it is fully executed by both parties.