THIS AGREEMENT, dated May 7, 2019 is between Yates Street Collective and the signatory at the end of this agreement (“Vendor”)
1. Vendor will be participating in the Yates Street Collective Summer Pop Up Series on the dates included in their purchase. This agreement must be signed by the participating Vendor and submitted to Yates Street Collective.
2. Terms: This agreement will be effective for the Event in which the Vendor participates. This agreement may be terminated by Yates Street Collective with or without cause immediately upon notice to Vendor.
3. Vendor and its employees, personnel, and agents agree to be bound by the terms of this agreement and all Event rules, regulations, and directives.
4. Safety: Vendor will act with the highest regard for the safety of the attendees and other participants of the Event, and will adhere to all laws, policies, rules, and regulations applicable to the goods and/or activities of Vendor.
5. Permits and Licensing: All vendors must have a temporary or permanent retailer's license for the City of Denver and the state of Colorado by the time you vend with us. Colorado law states that you must have a retailer's license in order to make sales. You are considered a retailer if you are selling any tangible items to customers. Any retail operation that stores, prepares, packages or provides food for sale for human consumption to consumers directly or through a delivery service is subject to rules designated by the Department of Environmental Health’s Rules Governing Food Establishments. Cottage food vendors must be compliant with Colorado Cottage Foods Act regulations.
6. If Vendor sells food and/or non alcoholic beverages at the Event, the following terms apply: Yates Street Collective reserves the right to review and approve Vendor’s proposed menu, and only the approved items will be allowed at the Event. Yates Street Collective will also need a copy of the Food Vendor's Certificate of Insurance.
7. Liability: Yates Street Collective will not be responsible for any loss or damage to Vendor's property, injury to, or death of the Vendor (or its agents, employees, and/or personnel), or Vendor sales. Vendor expressly assumes all risks of loss, damage, liability, injury, or destruction resulting from any cause whatsoever, including but not limited to acts or omissions by Vendor, and hereby releases and waives any claims against Yates Street Collective related to such loss, damage, liability, injury, and/or destruction.
8. Insurance: Vendor represents that it has, or will have at the time of the Event, appropriate insurance to cover liability for the types of activities Vendor will conduct at the Event, Vendor covenants to be fully responsible for any of its liabilities, actions, or omissions, and will indemnify, defend, and hold Yates Street Collective (and its officers, employees, agents, vendors, affiliates, and representatives) harmless against any claims related to Vendor’s liabilities, actions, or omissions.
9. Cancellations: The Event will proceed regardless of weather. If there is a cancellation: (a) by Yates Street Collective: If a cancellation of the Event by Yates Street Collective is necessary due to unforeseen circumstances, acts of a third party, or other circumstances which (in Yates Street Collective judgement) may compromise the safety of Event participants, then Yates Street Collective will do its best to reschedule the Event and there will be no refunds to the participant. (b) By Vendor. If Vendor cancels, no refund will be processed.
10. Vendor may not assign this Agreement to any third party, or delegate any of its obligations without the written consent of Yates Street Collective. Only the accepted Vendors are able to sell or distribute their items and/or conduct activities at the Event. The vendor list, map, and booth assignments are subject to change without notice. Yates Street Collective does not guarantee any level of attendance at the Event and there will be no refunds, under any circumstances, after the Event is over.
11. Change in Terms: The terms of this agreement may be changed by Yates Street Collective and notice of such changes will be sent to you in writing. You agree to accept notices via email, sent to the address on your Vendor application. Yates Street Collective reserves the right to decline, prohibit, or expel any Vendor exhibit, or prevent any activity, displays, product or conduct, which (In Yates Street Collective sole judgement) is out of keeping with the character of the Event or endangers the venue, any attendee or other Vendors.
12. Vendor and its agents, employees, personnel, and or independent contractors who participate in the Event agree to be bound to the agreement. The terms of the agreement, including any waivers, defaults to the benefit of Yates Street Collective and its affiliates and Event co-producers and sponsors.
13. Independent Contractors: The relationship of Vendor to Yates Street Collective is that of an independent contractor, and nothing contained in this agreement will be construed as creating a partnership, joint venture, employment relationship, agency, or other relationship between the parties, or to make Yates Street Collective liable for the debts or obligations of Vendor.
14. The validity, interpretation, construction, and enforcement of the agreement will be governed and controlled by the laws of the State of Colorado, without regard to its rules with respect to choice of law. Any dispute arising out of or related to this agreement must be brought in federal or state court in Denver and the parties here by consent to the exclusive jurisdiction and the venue if such forum.
15. This agreement, and any rules and regulations provided to Vendor by Yates Street Collective will contain the entire Agreement and understanding between the parties hereto with respect to participation in the Event. If any terms is contrary to law then that term will be severed and the remainder of the agreement will remain in force.
16. If Yates Street Collective assigns Vendor a specific space (the “Booth”), then the following terms apply: The Booth is for Vendor’s use only (including its employees); any transfer, resale, or assignment of the Booth by Vendor is prohibited.
17. If a Fee is due from Vendor, then the following terms apply: The fee payable by Vendor to Yates Street Collective for participation in the Event is due at the time of acceptance, or as outlined in the invoice submitted to Vendor prior to the Event. Payment is due no later than November 4, 2018.
18. Vendor agrees that his/her name, image, and images of work may be used for publicity of the Event. This includes online features, social media, and any other printable materials.
19. The aisles and passageways remain strictly under the control of Yates Street Collective and no signs, decorations, banners, advertising materials or special exhibits will be permitted in the aisles outside of Vendor's space. Any and all advertising distribution must be made from the Vendor's provided space.
20. Vendor will have his/her space set up and fully staffed for customers for the entire duration of the Event and may not dismantle or close display until the official closing time. Vendors must remain open during Event hours. If Vendor closes their display prior to event closing or without the express permission from the Yates Street Collective Staff, Vendor will not be allowed to return to a future Yates Street Collective Event.