I agree to be bound by these terms...

I understand that refunds are not available, unless it is COVID related per cancellation policy in this contract

I understand that I may not pick my booth location.

I understand that Fetch Concepts is not responsible for lost or stolen property.

I understand that Fetch Concepts does not guarantee any level of attendance.

I understand that I must hold and provide proof of business insurance.

I agree to provide Fetch Concepts a weekly gross sales report generated by our point of sale system.

I understand that the weekly gross sales report is due each Sunday by 12pm.

I understand that if I have selected a % of sales booth fee option that I will be invoiced no later than Monday of the following week and that, if owed, additional rent is due within 24 hours.

I understand that my reports may be subject to a third party audit to verify accuracy.


Cherry Creek Holiday Market VENDOR AGREEMENT

This Vendor Agreement (this “Agreement”) is entered into by you, the vendor, (hereinafter, “you” or “Vendor”) and Roost Companies LLC (dba Cherry Creek Holiday Market) and sets out the terms and conditions governing your participation in the Cherry Creek Holiday Market (each, an “Event”). By participating as a vendor at any Event you acknowledge that you have read and agree to the terms set out below.

Application & Payment: In order to participate in any event (even if you have participated in prior Events) Vendor must fill out an application for each Event (each an “Application”) specifying the details of your requested participation in the Event, and send in the required payment. Additional details relating to the Event(s) can be found in the FAQ. Applications will not be considered until payment is received. Space is limited and Cherry Creek Holiday Market reserves the right to accept or reject any Vendor at its sole discretion. When and if Vendor’s Application is accepted, the Vendor will be notified via email.

Services: Cherry Creek Holiday Market reserves the right to assign Vendor a designated spot within the Event as it sees fit. Cherry Creek Holiday Market cannot guarantee that Vendor’s assigned spot will be free from structural or architectural obstructions. Cherry Creek Holiday Market reserves the right to change the layout and/or relocate Vendors as deemed necessary to accommodate the safety regulations of the Cherry Creek Holiday Market venue.

Term: This Agreement commences upon your completion of the Application to be a vendor at any Event(s) and shall continue in effect through your participation in such Event(s), unless otherwise terminated in accordance with the terms contained herein.

Liability: Cherry Creek Holiday Market shall not be responsible for any loss or damage incurred by Vendor, including, without limitation, damage to Vendor’s property, loss of sales, or injury to or death of Vendor (or its agents, employees, and/or personnel). In no event shall Cherry Creek Holiday Market be liable for any consequential, incidental, indirect, punitive or special damages regardless of the cause of such damages. 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 Cherry Creek Holiday Market related to such loss, damage, liability, injury, and/or destruction. Vendor covenants that it shall be fully responsible for any damages resulting from its participation in any Event, and agrees to indemnify, defend, and hold Cherry Creek Holiday Market (and its officers, employees, agents, vendors, affiliates, and representatives) harmless against any claims arising out of or related to Vendor’s participation in any Event, including for claims arising out of Vendor’s negligent actions or omissions.

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.

Licenses/Permits: Vendor represents that it has all necessary business licenses and permits to legally and safely prepare and sell products.

Representations and Warranties: Cherry Creek Holiday Market makes no representation, guarantee, or warranty with respect to any Event. All warranties, express or implied, are hereby disclaimed, including, without limitation, the warranties of marketability and fitness for a particular purpose. Cherry Creek Holiday Market does not guarantee any level of attendance at the Event and there will be no refund to Vendors, under any circumstances, except as expressly provided for herein, even after the Event is over. The vendor list, map, and spot assignments are subject to change without notice.

Cancellations by Cherry Creek Holiday Market: If a COVID-related closure of the Cherry Creek Holiday Market is mandated by the City of Denver, State of Colorado or Federal government, vendors will receive a 100% refund for any canceled market days for which they paid less any processing fees associated with said refund. Refunds will be calculated by evenly dividing the total vendor payment by total original vending days to derive a per-day cost. The per-day cost will be multiplied by the number of canceled days to determine the refund amount. If a cancellation of the Event by Cherry Creek Holiday Market is necessary due to unforeseen circumstances, acts of a third party, or other circumstances which (in Cherry Creek Holiday Market’ sole judgment) may compromise the safety of Event participants, then the Event will not be rescheduled and there will be no refunds to Vendor.

Security Deposit: Holiday Market Deposit Policy: In an effort to safely plan and execute the second annual Cherry Creek Holiday Market, we'll be instituting a $500 security deposit policy, which secures your place in the market. After the market ends, and you fulfill your vendor obligation per the vendor agreement, the deposit will be returned to you in full. If you back out of the market for any reason, Cherry Creek Holiday Market will not refund your deposit.

Assignment: Vendor may not assign this Agreement to any third party, or delegate any of its obligations without the written consent of Cherry Creek Holiday Market. Only the accepted Vendors will be allowed to sell or distribute their goods or services, and/or conduct activities at the Event.

Termination:
Termination for Convenience: This Agreement may be terminated by Cherry Creek Holiday Market at any time, with or without cause, immediately upon notice to the Vendor.
Termination for Default: Either party may terminate this Agreement immediately upon notice to the other party in the event of a breach or default by the other party of any term, condition, or covenant of this Agreement.
Code of Conduct:
You agree to read and abide by all directives, regulations, and Event rules provided to you, including those sent via email to the email address provided on your Application. Cherry Creek Holiday Market reserves the right to decline, prohibit, or expel any Vendor exhibit, or prevent any activity, displays, product, or conduct, which (in Cherry Creek Holiday Market sole judgment) is out of keeping with the character of the Event or endangers the venue, any attendee, or other vendors.
Vendor and its agents, employees, personnel, and/or independent contractors who participate in the Event agree to be bound by this Agreement and shall comply with its terms and all Event rules, regulations, and directives as may expressed to Vendor by Cherry Creek Holiday Market in any way at any time. The terms of this Agreement, including any limitations and waivers, inures to the benefit of Cherry Creek Holiday Market and its affiliates and Event co-producers and sponsors.
Miscellaneous:
The relationship of Vendor to Cherry Creek Holiday Market 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 Cherry Creek Holiday Market liable for the debts or obligations of Vendor.
The validity, interpretation, construction, and enforcement of this Agreement will be governed and controlled by the laws of the State of Colorado, without regard to its choice of law principles. Any dispute arising out of or related to this Agreement must be brought in federal or state court in Denver County and the parties hereby consent to the exclusive jurisdiction and venue of such forum. The prevailing party in any such action shall be entitled to receive from the other its costs and expenses (including reasonable attorneys fees) in addition to any other relief it may be entitled to.
This Agreement, any Event rules and regulations provided to Vendor by Cherry Creek Holiday Market or Cherry Creek Holiday Market’ affiliates, and the Application completed by Vendor constitute the entire Agreement and understanding between the parties hereto with respect to Vendor’s participation in the Event.
If any term herein is determined to be unlawful or unenforceable then that term will be severed and the remainder of the Agreement will remain in force.
No amendment or revision to this Agreement shall be effective unless agreed to in writing by Cherry Creek Holiday Market.
This Agreement is non-exclusive and Cherry Creek Holiday Market reserves the right to contract with other vendors for the Event.
Any delay or failure by Cherry Creek Holiday Market to exercise any right or power under this Agreement shall not be construed to be a waiver of said right or power or any other right or power under this Agreement.


Again, I agree to be bound by these terms...

I understand that refunds are not available, unless it is COVID related per cancellation policy in this contract

I understand that I may not pick my booth location.

I understand that Fetch Concepts is not responsible for lost or stolen property.

I understand that Fetch Concepts does not guarantee any level of attendance.

I understand that I must hold and provide proof of business insurance.

I agree to provide Fetch Concepts a weekly gross sales report generated by our point of sale system.

I understand that the weekly gross sales report is due each Sunday by 12pm.

I understand that if I have selected a % of sales booth fee option that I will be invoiced no later than Monday of the following week and that, if owed, additional rent is due within 24 hours.

I understand that my reports may be subject to a third party audit to verify accuracy.