Snowpack Taproom — Cottage Market Vendor Agreement
This Vendor Agreement (the “Agreement”) is entered into as of the date signed below between Snowpack Taproom, LLC, a Colorado limited liability company (“Snowpack”), and the vendor identified in this application (“Vendor”). Snowpack and Vendor are each a “Party” and together the “Parties.” The business name, contact name, mailing contact details, products, and market date(s) provided in this application form identify the Vendor and the Market Date(s) for purposes of this Agreement.
1. Purpose
Snowpack hosts a periodic vendor market known as the “Cottage Market” at its premises located at 27175 Main Street, Conifer, Colorado 80433 (the “Premises”). Vendor wishes to occupy a booth or table space at the Premises on the Market Date(s) selected in this application to sell Vendor's own products directly to the public.
2. Booth Space and Fees
Snowpack grants Vendor a revocable license to use one vendor space at the Premises on the Market Date(s) during the hours designated by Snowpack. Vendor shall pay a space fee of $40.00 per Market Date, due before setup. Snowpack will assign the location of the space and may relocate Vendor at its discretion. Vendor shall supply its own tables, tents, displays, weights, signage, and equipment unless otherwise agreed in writing. Vendor shall set up and break down within the times designated by Snowpack and leave the space clean and free of debris.
3. Independent Vendor; No Work Performed for Snowpack
Vendor is an independent third party and not an employee, agent, contractor, partner, or joint venturer of Snowpack. Vendor is not performing any work or services for Snowpack. Vendor sells its own products, at its own prices, for its own account, and collects and retains its own sales proceeds. Nothing in this Agreement creates a lease, tenancy, or any interest in real property.
4. Insurance
Vendor shall maintain, at Vendor's sole expense, commercial general liability insurance (including products and completed operations coverage) with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, in force on every Market Date. The policy shall name Snowpack Taproom, LLC, its members, managers, and employees as additional insureds with respect to Vendor's activities at the Premises, shall be primary and non-contributory to any insurance carried by Snowpack, and shall include a waiver of subrogation in favor of Snowpack. Vendor shall deliver a certificate of insurance evidencing this coverage, together with the additional insured endorsement, to Snowpack no later than seven (7) days before Vendor's first Market Date. This written Agreement constitutes the written contract requiring additional insured status for purposes of any blanket additional insured endorsement on Vendor's policy.
5. Permits, Licenses, and Compliance
Vendor is solely responsible for obtaining and maintaining all licenses, permits, registrations, and approvals required for Vendor's products and sales, including any Jefferson County or State of Colorado requirements. Vendors selling food products shall comply fully with the Colorado Cottage Foods Act (C.R.S. § 25-4-1614), including product eligibility, labeling, and food-safety training requirements, or shall hold a valid retail food establishment license as applicable. Vendor is solely responsible for collecting, reporting, and remitting all sales and use taxes on Vendor's sales. Vendor shall not sell, serve, sample, or give away alcoholic beverages of any kind. Vendor shall comply with all applicable laws and with Snowpack's reasonable rules for the Premises.
6. Assumption of Risk; Indemnification
Vendor participates at Vendor's own risk. Snowpack is not responsible for loss, theft, or damage to Vendor's products, equipment, cash, or personal property, or for Vendor's sales results. To the fullest extent permitted by law, Vendor shall defend, indemnify, and hold harmless Snowpack Taproom, LLC and its members, managers, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, fines, costs, and expenses (including reasonable attorney fees) arising out of or relating to (a) Vendor's products, including any illness, injury, allergic reaction, or damage caused by them; (b) the acts or omissions of Vendor or Vendor's employees, helpers, or invitees at the Premises; (c) Vendor's equipment, tents, or displays; or (d) Vendor's breach of this Agreement or violation of any law. This Section survives termination of this Agreement.
7. Conduct and Use of Premises
Vendor shall conduct business in a professional and courteous manner, shall not obstruct walkways, entrances, or emergency exits, and shall not interfere with Snowpack's ordinary business operations or other vendors. No open flames, generators, amplified sound, or animals (other than service animals) are permitted without Snowpack's prior written approval. Vendor shall not use Snowpack's name, logo, or trademarks except to identify the event.
8. Cancellation; Weather; Termination
Snowpack may cancel, postpone, or shorten any Market Date at any time for weather, safety, low attendance, or any other reason, in which case Snowpack's sole obligation is to refund or credit any prepaid space fee for the affected date. Vendor cancellations with less than seven (7) days' notice forfeit the space fee. Snowpack may remove Vendor from the Premises immediately and terminate this Agreement if Vendor violates this Agreement, any law, or Snowpack's rules, or if Vendor's insurance lapses. Either Party may terminate this Agreement for future Market Dates on seven (7) days' written notice.
9. General
This Agreement is governed by the laws of the State of Colorado, and any dispute shall be brought in the state courts located in Jefferson County, Colorado. This Agreement is the entire agreement between the Parties regarding the Cottage Market and supersedes any prior understanding. It may be amended only in a writing signed by both Parties. Vendor may not assign this Agreement or share or sublet its space. If any provision is held unenforceable, the remainder shall remain in effect. Signatures delivered electronically or by scan are binding. Each Party has read and understands this Agreement and has had the opportunity to consult legal counsel.
By signing below, Vendor agrees to all terms of this Agreement for the Market Date(s) selected in this application. Snowpack Taproom, LLC (Mike Thompson, Owner) accepts this Agreement upon approving Vendor's application.