Northern Colorado Intertribal Powwow Association
Artist / Vendor Agreement
ALL Artisans and vendors: Please be in compliance with the
Indian Arts and Crafts Act of 1990 (P.L.101-644), which prohibits
misrepresentation in marketing of Indian arts and crafts products within
the United States. The Indian Arts and Crafts Act of 1990 is a truth-in
advertising law. It is illegal to offer or display for sale, or sell any
art or craft product in a manner that falsely suggests it is Indian
produced, an Indian product, or the product of a particular Indian
tribe.
Note: The term "Vendor" used in this agreement refers to both Artists and Arts & Crafts Vendors.
Arts & Crafts -
Sponsor reserves the right to limit the total number, and the kinds of
Arts and Crafts OPEN booths sold, in order to promote variety.
Food and Drinks - Vendor shall not sell food items or drinks. This includes candy, gum, etc.
Admission - Vendors will be provided with two (2) admission
tickets per space purchased. Admission fees apply for additional people.
Taxes - Vendors shall be responsible for collecting, reporting,
& paying all sales taxes for their booths to the State Comptroller.
Law - Vendors shall comply with all city, state, and federal
rules, regulations, and laws. Vendors shall not pour or dispose of any
liquid on the grounds at any time. Vendors shall collect all their trash
in strong, plastic bags, securely tied, and haul to and dispose of the
same at such place or places as Sponsor may designate. Vendor shall leave
booth premises in as clean and good condition as when it was received.
Liability - Risk of loss by reason of fire, vandalism, theft.
negligence of others, and acts of nature shall be borne by Vendor. Sponsor
shall have no liability to Vendor, his agents, employees, or representatives,
for both premises and the taking of possession of the booth premises by
Vendor shall be conclusive evidence that such premises are clean, sanitary,
and in good order and condition.
Representative - Vendor shall at no time be considered as being
an agent or other representative of Sponsor and Vendor and Sponsor shall
not be deemed partnership or joint venture.,
Hold Harmless - Vendor agrees to indemnify and hold Sponsor harmless
against any and all claims, demands, damages, costs, and expenses, including
reasonable attorney's fees for the defense of such claims and demands,
arising from the conduct or management of Vendor's business on the booth
premises or from its use of the booth premises or from any breach on the
part of Vendor of any conditions of this agreement, or from any act or
negligence of Vendor, his agents , contractors, employees. subtenants,
concessionaires, or licensees in or about the booth premises. In
case of any, action or proceeding brought against Sponsor by reason of
any such claim, Vendor, upon notice from Sponsor, agrees to defend the
action or proceeding by counsel acceptable to Sponsor.
Assignment - Vendor shall not sell, sublet, assign or otherwise
transfer this agreement or any right or interest in this agreement without
the prior written consent of Sponsor.
Supersedes - This agreement constitutes the sole and only agreement
of Sponsor and Vendor and supersedes any prior understandings or written
or oral agreements between the parties respecting the subject matter of
this agreement.
Amendment - No amendment, modification, or alteration of the
terms of this agreement shall be binding unless it is in writing, dated
subsequent to this agreement, and duty signed by the parties.
Force Majeure - Neither Sponsor nor Vendor shall be required
to perform any term, condition, or covenant contained in this agreement
as long as performance is delayed or prevented by force majeure.
Colorado Law to Apply - This agreement shall be construed under
and in accordance with the laws of the State of Colorado, and all obligations
of the parties are performable in Larimer County, Colorado.
No firearms, explosives, explosive devices or bottled products with
offensive odors may be used or sold during the Pow-wow. Items
which children can use to squirt others will not be sold by any booth.
No garage sale, flea market, junk items or items of bad taste will be allowed.
NCIPA reserves the right to request that inappropriate items be removed.
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