Four Corners Motorcycle Rally™ Vendor Contract and Application The undersigned, referred to below as Vendor, submits this application for the reservation of display space with the Four Corners Motorcycle Rally, (FCMR) during the Four Corners Motorcycle Rally™, subject to the conditions and regulations detailed below. Vendor agrees to adhere to all rules and regulations contained in this document. Failure to comply with any part of this agreement will result in immediate closure of vendor’s display space and forfeiture of all monies paid. Four Corners Motorcycle Rally™ and FCMR, LLC reserves the right to refuse service to anyone. •
Licensing Regulations Ignacio Bike Week™ and Four Corners Motorcycle Rally™ and Logos are Trademarks licensed to FCMR, LLC (FCMR). Any unauthorized duplication, display, or use of the names or logos is strictly prohibited. Any vendor found with unauthorized items, signs or merchandise displaying Ignacio Bike Week™ and/or Four Corners Motorcycle Rally™ and/or logo will be evicted and forfeit all monies paid. All unauthorized materials will be confiscated. The FCMR, LLC ( reserves the right to pursue legal action in cases of trademark infringement. All vendors will obey all pertinent fire and safety codes, laws, and ordinances and regulations by the Town of Ignacio, State of Colorado, and Four Corners Motorcycle Rally™. Per fire safety codes, all canopies must be fire retardant. Food vendors are required to have a current State of Colorado Food Establishment License. Vendor may contact the issuing agency San Juan Basin Health Department at 970-‐247-‐5702 with any questions. •
Insurance/Risk of Loss Neither the Four Corners Motorcycle Rally™, FCMR, LLC, nor any sponsor associated with the event, their officers, directors, agents, consultants, and employees, (“Releasees”) are responsible for any injury, loss or damage from or to any Vendor, its staff or property. Vendor, upon execution of this contract, expressly releases the Releasees from any and all claims for loss, damage, or injury and agrees to indemnify Releasees against such claims. To prevent lost or stolen articles, all items must be securely fastened to display boards or locked up when space is unattended. Overnight security is NOT provided and Four Corners Motorcycle Rally™, FCMR, LLC (ICE), or the 1 owners individually, shall not be held responsible for the Vendor’s merchandise. All vendors are responsible for the proper protection of their merchandise. Any and all restrictions enforced by Four Corners Motorcycle Rally and FCMR, LLC (ICE) must be observed by Vendor. •
Liability A Certificate of Liability Insurance is required with a general aggregate of $1,000,000 (one million) US Dollars of the event indicating the additional named insured’s: Four Corners Motorcycle Rally™ FCMR, LLC PO Box 1677 Ignacio, CO 81137 AND Southern Ute Growth Fund PO Box 367 Ignacio, CO 81137 Event Location physical address: Sky Ute Fairgrounds 200 Colorado Hwy 151 Ignacio CO 81137 Please mail Certificate of Liability Insurance to: Vendor Coordinator FCMR PO Box 1677 Ignacio CO 81137 Please fax Certificate of Liability Insurance to: 2 Vendor Coordinator 970-‐512-‐7127 •
Liability Continued FCMR, LLC’s, liability is limited to items expressly assumed herein. In no event shall FCMR, LLC’s liability exceed the amount of the rental agreed hereunder. UNDER NO CIRCUMSTANCES SHALL FCMR, LLC BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMANGES OR EXPENSES. FCMR, LLC SHALL NOT BE SUBJECT TO ANY LIABILITY OR OBLIGATION NOT EXPRESSLY ASSUMED HEREIN, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT OR OTHER THEORIES OF LAW, AND VENDOR WARRANTS AND AGREES TO INDEMNIFY FCMR, LLC FROM SUCH LIABILITY AND SUCH INDEMNITY SHALL INCLUDE INDEMNIFICATION FROM CLAIMS BY VENDORS’ EMPLOYEES OR AGENTS. •
Set Up / Tear Down / Hours of Operation Vendor spaces will be assigned upon receipt of payment in full and all required documentation, NO EXCEPTIONS. Vendors may not place stakes in any asphalt area and are required to secure canopies with weights or stakes. Set up will begin for vendors on Wednesday, September 2, 2015. Vendors are required to be set up for business by 5:00 pm Thursday, September 3, 2015. All vendors are required to be open 11am-‐9pm Friday, Saturday, and Sunday; earlier/later hours are also permitted. Absolutely NO tear down prior to close of event Sunday, September 6, 2015. Authorized tear down is Monday, September 7, 2015; vendors must have property and debris removed from premises by 6:00 pm. •
Additional Rules/Regulations Any unauthorized use of the Ignacio Bike Week™ and Four Corners Motorcycle Rally™ names and/or logos is prohibited by law. The playing of ambient music must be confined to the Vendor rental space area. NO SUBLETTING, assignment, or subdividing of space by any Vendor shall be permitted without advance written permission of Four Corners Motorcycle Rally™ or FCMR, LLC. Any merchandise displaying foul language or obscenity must be approved in writing in advance of event by Four Corners Motorcycle Rally and FCMR, LLC. Sales of knives, swords, or any other weapons must be approved in writing in advance of event by Four Corners Motorcycle Rally™ and FCMR, LLC. Vendors must secure knives, swords, or any other weapons from public access. ABSOLUTELY NO FIREARM SALES 3 WILL BE PERMITTED. There is no tent or RV camping near vendor spaces. Vendor may stay overnight inside booth if they choose. Absolutely no dumping of gray water, food, or any other refuse is allowed on event premises, violators will be fined up to $500. All food vendors are required to pay a $35 gray water disposal fee and will be directed to the appropriate location for disposal at check in/ set up. Grease disposal is not permitted at gray water disposal location. All vendors are responsible for the proper handling, storage, and disposal of grease and oil. All vendors will obey all pertinent fire and safety codes, laws, and ordinances and regulations by the State of Colorado, Southern Ute Growth Fund/Sky Ute Fairgrounds, and the Four Corners Motorcycle Rally (FCMR), all canopies must be fire retardant. •
Sales and Use Tax La Plata County and the State of Colorado require that vendors collect and remit sales tax. Sales tax is 6.9% total. If you do not have a current sales tax permit, please go to http://www.taxcolorado.com/ to obtain the form you need. Click on forms by DR#, locate form DR 0589 and complete. You must fill out the actual form supplied by the state and submit it according to their instructions. Vendor applications will not be accepted without proof of current sales tax permit. •
Cancellation If for any reason the event is not held, Vendor’s deposit and space fees will be refunded in their entirety, except for any costs already incurred on behalf vendor. The event will NOT be cancelled due to weather; therefore, no refunds will be given as a result. Vendors are responsible for protecting themselves and/or their property against the weather. There is no last date for cancellation without forfeit of monies paid. NO REFUNDS for any reason. 4 •
Payment A deposit of 50% of the total amount due for the space requested is due at time application/contract is submitted. FCMR, LLC accepts cashier’s check, money order, cash, all major credit cards, and company checks for payment. Please make payments out to FCMR, LLC. No checks will be accepted after July 1, 2015, NO EXCEPTIONS. Deadline for payment in full is July 1, 2015. If Vendor uses more space/electric than requested; payment of additional space will be required at check in/ set up. CHECK ENCLOSED CHARGE MY CREDIT CARD For credit card payment via PayPal visit website: http://www.fourcornersmotorcyclerally.com/vendors or complete the following information and submit this page with application: Type of Credit Card: _________________Expiration Date: __________________ Credit Card Number: ___________________________CCV__________________ Name on Card: _____________________________ Amount Due: __________Amount to Charge: _____________ Billing Address: _______________________ City: ________State:_____ Zip:__________ •
Force Majeure This contract shall be governed by and construed in all respects by the laws of the State of Colorado. The parties hereto agree that the only proper venue for any cause of action arising hereunder shall be in the state courts of the State of Colorado and Vendor hereby consents to the jurisdiction of such courts. In the event that any provision of this contract is declared void or unenforceable by any competent legislative or judicial authority, said declaration shall not affect the enforceability of any other provision, it being the intent of the parties that this contract shall be severable and 5 applied as if such void or unenforceable provision had not been included herein. Vendor Checklist 2015 Please submit information below with Vendor Contract and Application: Copy of Photo ID (required for new vendors only) Copy of Current Colorado Sales Tax Certificate Copy of Certificate of Liability Insurance, MUST HAVE additional insured listed below: Four Corners Motorcycle Rally™ FCMR, LLC PO Box 1677 Ignacio, CO 81137 AND Southern Ute Growth Fund PO Box 367 Ignacio, CO 81137 Deposit/Payment required by May 31,2015 Copy of State of Colorado Food Establishment License (for food vendors) * Note: Federal health inspection for food and tattoo vendors will take place prior to start of event. All vendors must pass inspection and comply with all federal health regulations in order to operate business during event FAX: Attention Vendor Coordinator 970-‐512-‐7127 Mail: Vendor Coordinator 6 FCMR, LLC PO Box 1677 Ignacio CO 81137 Required paperwork and documents must be filled out entirely submitted along with 50% deposit by May 31, 2015. Typing name and submitting application constitutes agreement of all terms and conditions of vendor contract between Vendor and FCMR, LLC in respect to the subject matter of this agreement and supersedes all prior agreements. •
Agreed The undersigned, referred to below as Vendor, submits this application for the reservation of vendor space with FCMR, LLC during the Four Corners Motorcycle Rally, subject to the conditions and regulations detailed herein. Vendor agrees to adhere to all rules and regulations contained in this document. Failure to comply with any part of this agreement will result in immediate closure of vendor’s space and forfeiture of all monies paid. Four Corners Motorcycle Rally and FCMR, LLC reserve the right to refuse service to anyone. Vendor Signature:____________________________Date:___________________ Note: If you are interested in any of the following options or would like additional information, please check the appropriate box or boxes below: 2015 FCMR Rally Guide Ad/Coupon On-‐Site Camping/RV space Sponsoring an Event or Competition (with naming rights): See sponsorship information. Door Prize Giveaway – All participating Vendors will be entered in to drawing for a free 10X10 space for the 2016 FCMR. 7 Four Corners Motorcycle Rally™ 2015 Vendor Application *ALL FOOD VENDORS MUST BE APPROVED BY VENDOR COORDINATOR PRIOR TO SUBMITTING APPLICATION Business Name: _________________________ Contact Name: __________________________ Contact Number: ________________________ Email: _________________________________ Returning Vendor __Yes __No Product(s): (ONLY PRODUCTS LISTED MAY BE SOLD!) __________________________________________________________
__________________________________________________________ Space Pricing: (Depth X Width) o 10X10-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐$450.00 ______________ o 10X20-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐$600.00______________ o 10X30-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐$750.00______________ o 10X40-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐$900.00______________ o 20X20_____________$900.00 ______________ o 20X30_____________$1200.00 _____________ o Premium Asphalt Location Fee-‐$200.00_______ Limited space available!! (N/A for food vendors) o Need Motorcycle Access __Yes __No 8 *Custom sizes and pricing are available upon request. If additional space or electric is used vendor will be charged at time of set up, NO EXCEPTIONS! Electric: Selected electric ONLY will be available on site so be specific!! o NO ELECTRIC_____________________________________ $0.00 o 120v/15amp (for lights and cash register only)_________ $0.00 o 120v/15amp-‐-‐-‐-‐-‐-‐-‐(included in space rental)____________ $0.00 o 120v/30amp-‐-‐-‐-‐-‐-‐ (included in space rental) ____________ $50.00 o 120/240v/50amp-‐-‐(NOT included in space rental) _______$100.00 Gray Water Disposal (required for all food vendors)_________$35.00 Space Total: _____________ Electric Total:____________ Total Due:_______________ Deposit Amt: ____________ Balance Due: ____________ *Required paperwork and documents must be filled out entirely when submitted along with 50% deposit by May 31, 2015. Deadline for payment is July 1, 2015. Vendor Signature: ________________ Date: _______________ **If you are interested in any of the following options or would like additional information, please check appropriate space(s) below: •
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9 2015 FCMR Rally Guide Ad/Coupon On-‐site Camping/ RV Space Sponsoring an Event or Competition (minimum $100) Door Prize Giveaway – All participating vendors will be entered to win a free 10X10 space for 2016 FCMR