Rollerskate showdown vendor agreement
This Vendor Agreement is made effective as of August 31, 2021, by and between Afton Hill of Denver Skates, Denver, Colorado and vendor.
WHEREAS, the Denver Skates is the Organizer and renter of Wheel Park located at 2465 S Chambers Rd, Aurora, California 80010 (herein after referred as ‘Wheel Park’), where the Roller Skate Showdown will be conducted; and WHEREAS, vendor is engaged in the business of Retail/Food/Beverage.
NOW, THEREFORE, it is agreed that:
Denver Skates agrees to provide a booth or parking space to conduct business in Wheel Park, at Roller Skate Showdown. Vendor's use of Denver Skates's event is limited to the space selected by Denver Skates as identified prior to the event. In general, vendor is guaranteed a minimum of 10 x 10 area or a single or double parking space square feet of space. Vendor accepts the opportunity to participate as a vendor in the outdoor Wheel Park for Roller Skate Showdown commencing on October 02, 2021 and ending on October 03, 2021.
Vendor hereby accepts the following listed conditions and limitations:
HOURS OF OPERATION
Denver Skates' Roller Skate Showdown area shall remain open from 12pm - 6pm each day the event is in progress, unless Denver Skates announces other hours of operation.
INSTALLATION AND TEAR DOWN
Vendor shall set up the facilities for sale on October 02, 2021, between 10:30am. Vendor shall remove their facilities for sale from Wheel Park no later than 6pm on October 03, 2021.
Vendor is provided with the booth/parking space in the park in exchange for:
$275.00 for 2 (two) days
$150.00 for a (one) single day
which should have processed at sign up.
Space locations will be assigned by Denver Skates and provided to vendor 2 weeks in advance of the event. No refunds will be issued.
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.
Denver Skates will provide the following services for vendor:
5" x 5” logo on event banner
Business logo will appear on
Main event flyers
Social media posts
Business announced during the skate event by judges.
2 weeks prior to the event, Denver Skates will email vendors regarding location of individual booths and site map with a reminder of details on parking and booth set-up info.
Vendor will provide the following social media services:
Vendor will repost every time Denver Skates tags them in a story or post.
Tag @denver_skates in all posts talking or referring to The Roller Skate Showdown.
Denver Skates is not obliged to provide WiFi, water, electrical, tables, chairs, canopies and drain services to vendor. Vendor shall also be responsible for bringing anything they require to set up the booth space within the regulated requirements set forth by the Aurora Colorado Parks and Recreation. See displays and signs for set up details.
DISPLAYS, SETUP AND SIGNS
Tents and membrane structures used for temporary periods shall comply with this section.
Tents open on all sides which comply with all of the following:
Individual tents having a maximum size of 100 sq. ft.
A minimum clearance of 12 feet to all structures and other tents
Tents and structures must be held down with sandbags only, No stakes allowed
Generators must be 20 ft minimum from the location site, Wheel Park:
No smoking signs will be displayed by Denver Skates.
Nothing may be attached to walls or columns of the structures by any means at all:
Signs must be free standing.
Signs should not block other vendor's shops.
Signs may not attach to the walls or columns of the Pavilion.
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 their own cost in order to operate the space provided by Denver Skates.
FOOD AND BEVERAGES
Vendor must check all IDs if alcohol sales. Vendors must have a trash can within 5 ft. of their vending area.
Vendor is solely responsible to obtain insurance coverage on property brought into the event.
Vendor assumes full responsibility for items left in the facility. Denver Skates accepts no liability for lost, stolen or damages property and is not required to carry additional insurance to cover vendor's property.
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 with any creditor or government agency.
The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
In addition to any and all other rights a party may have available according to law, if a part 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 5 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 a time period shall result in the automatic termination of this Agreement.
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 for 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,
work stoppages, or other labor disputes, or supplier failures. 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.
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 having jurisdiction. 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.
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.
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.
This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
This Agreement shall be construed in accordance with the laws of the State of Colorado.
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.
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.
This Agreement shall be signed on behalf of Denver Skates by Afton Hill, CEO and on behalf of vendor by person of contact.and shall be effective as of the date first written.
Denver Skates's CEO, Afton Hill will sign upon receiving vendor signed agreement.