INSURANCE REQUIREMENT: Should your application be approved, you will be required to obtain in insurance policy with a minimum 2 Million Liability Insurance, with the Downtown Kelowna Association and the City of Kelowna named as Additionally Insured and the 200 Block of Bernard Avenue as the location. Proof of this insurance is required prior to final approval.


The Applicant agrees to the following Terms & Conditions:

• All applications are subject to review by the Downtown Kelowna Association (DKA).
• The DKA reserves the right to refuse any event application. This includes, but is not limited to, applications by:
  • political or religious groups;
  • businesses or organizations promoting the use of or selling drugs or alcohol, including cannabis;
  • special interest groups;
  • groups who are deemed to be affiliated with hateful or discriminatory behavior.
• Maximum activations are 3 per season per business/community group/organization; however, exceptions may be made based on availability.
• The DKA will provide the Applicant with a location in the 200 Block of Bernard Avenue; locations for DKA members will be given priority.
• The designated space will be approximately the size of a parking stall (10’ x 20’). All infrastructure must fit within this space.
• Infrastructure requirements should be minimal and require approval by DKA.
• The Applicant is responsible for providing their own materials and infrastructure (i.e., tables, chairs, tents, umbrellas, etc.) for their vendor space. Tenting is recommended; if using a tent, tent weights are required to secure the tent.
• NO GROUND PENETRATION (STAKES) OR PERMANENT STRUCTURES.
• Animation and/or music played from Applicant’s vendor space will be restricted and must be approved by the DKA.
• The 8-hour activation period includes 1 hour set-up and 1 hour tear-down. Actual hours of onsite activation may vary subject to availability of event staff.
• Access points into the site are identified in the Meet me On Bernard Event Site Access Map.
• Parking within the MMOB event site is not permitted, with the exception of during load-in/out.
• There is no electrical access available onsite; quiet generators may be permitted, with approval.
• The Applicant agrees to conduct themselves in a manner that is professional, courteous, and in keeping with a family-oriented and inclusive environment. This includes, but is not limited to:
  • abstaining from the use of drugs and/or alcohol, including tobacco and/or cannabis during the event period;
  • refraining from the use of coarse language;
  • refraining from the use of hate speech.
• MOBILE FOOD & BEVERAGE VENDORS:
  • Drop cloths or tarps must be used under all vehicles on site. Drop cloths or tarps must cover the surface under the vehicle from bumper to bumper.
  • Any costs incurred by the DKA for clean-up of spilled items on brick or pavement will be charged back to the Applicant.
  • Ice cannot be dumped of grass or plants but may be disposed of on the roadway or in storm drains.
  • Mobile Food & Beverage Vendors must provide copies of their Business License, Interior Health Certification, Food Safe Certificate, and certification by the Kelowna Fire Department.
• BUSINESS LICENSE: A valid City of Kelowna Business License is required IF any business operations or monies are being exchanged onsite. If you do not have a valid City of Kelowna Business License and wish to engage in sales activities, you will be required to obtain a temporary Business License from the City of Kelowna. A copy of your Business License is to be kept onsite at all times during the Pop-Up activation period.
• INSURANCE: A minimum 2 Million Liability Insurance with the Downtown Kelowna Association and the City of Kelowna named as Additionally Insured and the 200 Block of Bernard Avenue as the location. Insurance documents are to be onsite at all times during the Pop-Up activation period.
• PERMIT TO OPERATE: Upon approval of the application, the DKA will issue a PERMIT TO OPERATE. This permit must be displayed at the Pop-Up activation on each day of operation and shall be presented to City of Kelowna Bylaw upon request.
• LITTER CONTROL: Applicants are responsible for collection and removal of litter generated by their event. Charges will apply for any clean up done by DKA or City of Kelowna staff.
• REMOVAL OF GOODS & CHATTELS: The Applicant undertakes and agrees to remove all the goods and chattels of the Applicant on or before the termination of this agreement. In the event that the Applicant shall fail to remove such goods and chattels as aforesaid, the DKA and/or the City of Kelowna may remove and store goods and chattels at the expense of the Applicant and the DKA and/or the City of Kelowna shall not be liable for any damage to or loss of the said goods and chattels during such removal or storage, or both. All equipment, displays, moneys and other goods and chattels of the Applicant brought onto or into the event area shall be the sole responsibility of the Applicant and the DKA and/or the City of Kelowna shall not be liable for any damage to or loss of such equipment, displays, moneys and other goods and chattels from any cause whatsoever.
• CANCELLATION AND REFUND POLICY
  • Refunds may be issued for cancellations received in writing with the following conditions:
  • 30 days prior to the event: full refund of fees minus processing fees of 2.7% + $0.30.
  • 15-29 days prior to the event: 75% refund of fees minus processing fees of 2.7% + $0.30.
  • 14 days prior to the event: 50% refund of fees minus processing fees of 2.7% + $0.30.
  • Less than 14 days prior to the event: no refund will be issued.
  • The DKA reserves the right to deny registration upon review. Should registration be denied, a full refund of fees minus processing fees of 2.7% + $0.30 will be issued.
• This is a rain or shine opportunity. Refunds due to inclement weather will not be issued.
• HOLD HARMLESS AND INDEMNIFICATION: The Applicant shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the DKA and the City of Kelowna, their elected officials, officers, employees and agents (the Indemnities) including but not limited to damage to or loss of property and loss of use thereof, and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or non-performance of this permit/contract, excepting only where such loss, costs, damages and expenses are as a result of the sole negligence of the Indemnities. The Applicant shall defend, indemnify and save harmless the Indemnities from and against all claims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non-performance of this permit/contract, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities.
• Other requirements may be identified by the DKA.
• The Terms & Conditions are subject to change.