Sunnyside Music Festival – Registration

Sales Tax Agreement

Sunnyside Music Festival is not responsible for any state or local sales tax responsibilities for any vendors. As a vendor, you will be required to collect sales tax on all purchases, and remit those taxes to the government on/before October 20, 2022. If you are not selling during this event (promotional/outreach only), you may disregard. A Sales Tax packet will be sent out to all participating vendors.

By completing the application process, you have agreed to the terms below. Please save this information for your records.

THIS AGREEMENT is by and between SUNNYSIDE MUSIC FEST Not-for-profit organization, 3845 Tennyson St, Unit 185, Denver, CO 80212 (“FESTIVAL”) and the party designated on the application (“VENDOR”).

The FESTIVAL desires to permit VENDOR to sell/exhibit said items on attached application during the Sunnyside Music Fest. NOW, THEREFORE, in consideration of the foregoing and of the promises and mutual covenants contained herein, and other good and valuable consideration, the parties agree as follows:

1. RIGHT TO SELL: VENDOR shall have the right to sell/display the items set forth on the original application, unless otherwise communicated from the FESTIVAL. Any VENDOR found to be in violation of these policies is subject to expulsion from the event without any refund. Enforcement of this is at sole discretion of FESTIVAL management.

2. BEVERAGES: VENDOR shall not sell, distribute, or in any way disseminate any alcoholic or non-alcoholic beverages, INCLUDING WATER, unless otherwise agreed upon in writing.

3. PRODUCTS: Absolutely NO “SUNNYSIDE MUSIC FEST” MERCHANDISE may be sold at the event unless otherwise agreed upon in writing. VENDOR shall not sell any item not identified on the original application without prior written approval of the FESTIVAL.

4. HOURS OF OPERATION: VENDOR booths must be fully staffed and open and must remain fully staffed and open between the hours of 12:00PM to 7:30PM on September 10, 2022, regardless of weather conditions. Closing early or opening late for any reason, may preclude VENDOR from participating in future FESTIVAL events. VENDOR understands that the FESTIVAL will be held rain or shine, and no refunds shall be given.

5. BOOTH SIZE: Booth size will be 10 ft. wide by 10 ft deep for all VENDORS. Any VENDOR whose set up extends beyond 10 ft. by 10 ft. will be charged an additional $75.00 per 5 feet. No sales or service shall be made from the sides or rear of the allotted space or spaces, unless vendor has paid for an additional space. VENDOR understands that the FESTIVAL, at its sole discretion, will assign space.

6. WEATHER SECURITY: VENDORS that supply their own tents, canopies, etc, shall be responsible to adequately anchor all equipment to withstand the elements of weather. Vendors are responsible to bring their own anchoring devices (weights and/or water barrels) unless rented from the FESTIVAL’S suggested rental provider. VENDORS WILL NOT be allowed to use stakes for securing tents, canopies, etc. in Chaffee Park, per the regulations of Denver Parks and Recreation.

7. SPACE RENTAL FEE: VENDOR agrees to rent a booth space during the SUNNYSIDE MUSIC FEST to be held Saturday, September 10, 2022. All fees are due and payable with the submittal of this agreement upon application submission or upon invoicing from festival management. No subletting of booth space is permitted.

8. LOAD OUT: All VENDOR materials and GARBAGE must be removed from event site by 11:00PM on Saturday, September 10, 2022.

9. SIGNAGE: All VENDOR signs and banners must be contained within the assigned booth space. Each VENDOR is responsible for supplying their own signage for their booth.

10. CONDUCT: VENDORS may not consume alcoholic beverages within any assigned booth FESTIVAL space. VENDORS must be suitably attired at all times. Behavior unsuitable for the FESTIVAL, or which constitutes a public nuisance, will not be permitted. VENDORS SHALL NOT PLAY ANY AMPLIFIED MUSIC FROM WITHIN THEIR BOOTH SPACE DURING THE FESTIVAL. The FESTIVAL, at its sole discretion, shall make the final determination of whether or not an act is unsuitable for the FESTIVAL.

11. STORAGE: All VENDOR’S property shall be kept within the assigned booth space. Storage of supplies, equipment or inventory outside the booth space will not be allowed. Failure to comply may result in a fine of $100.

12. ELECTRICAL SERVICE: VENDOR agrees to purchase electrical service, if necessary, from the FESTIVAL. There will be no electricity, generators, trailers, vans or other such mechanical devices allowed unless approved by the FESTIVAL and designated in writing as part of this Agreement. It is the VENDOR’S responsibility to supply all cables and extension cords which must be UL Approved.

13. CANVASSING: VENDORS may conduct business only from inside their booth space. CANVASSING OUTSIDE OF THE BOOTH SPACE IS NOT PERMISSIBLE AND VENDOR SHALL BE LIABLE FOR IMMEDIATE CLOSURE & REMOVAL FROM THE FESTIVAL WITH LOSS OF ALL SUBMITTED MONIES. Canvassing may NOT be done any closer than 1 block from outside of the FESTIVAL boundaries.

14. SITE INSPECTION: VENDOR is responsible for leaving designated space as found. Failure to do so will result in, at the sole discretion of the FESTIVAL, charges to repair or correct any damage or alteration. Vendor is responsible for returning the booth space site to its original physical condition by 11:00PM on Saturday, September 10, 2022.

15. GOVERNING LAWS: This Agreement shall be governed by the laws, the health, sanitation and fire regulations of the City and County of Denver and the State of Colorado.

16. SECURITY: VENDORS are responsible for the safety and security of their own property and equipment at all times. There will be limited security assigned to the entire vending area. No security personnel will be assigned specifically to any particular vending area. The FESTIVAL shall not be held responsible for loss, theft or damage to any property left on the FESTIVAL grounds at any time.

17. LIABILITY: VENDOR shall indemnify and hold the FESTIVAL, the FESTIVAL staff, contractors and volunteers harmless from any claim or cause of action arising out of, or in connection with the acts or omissions of VENDOR under this Agreement, and shall reimburse the FESTIVAL for any costs, including, but not limited to, reasonable attorney’s fees incurred in defense against any such claim.

18. VIOLATIONS: VENDOR acknowledges that a breach of any of the terms of this Agreement may result in the termination of this Agreement and the preclusion of the VENDOR’S participation in the FESTIVAL. In the event this Agreement is terminated as a result of any breach by the VENDORS, they shall not be entitled to any refund but shall forfeit all amounts previously paid as liquidated damages.

19. AGREEMENT MODIFICATIONS: No prior or present Agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. No modification or change in the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound hereto.

20. RESOLUTION OF DISPUTES: In the event of a dispute arising in any manner as a result of, or in any way related to, this Agreement, the parties hereto agree to submit the same to mediation and/or arbitration as a prerequisite to legal action. In the event arbitration or legal action is commenced, the prevailing party shall be awarded reasonable attorney fees and costs incurred as a result of said dispute.

21. CANCELLATION: VENDOR understands that if the VENDOR cancels after the execution of this Agreement, or fails to provide the required documentation, they shall not be entitled to any refund but shall forfeit all amounts previously paid as liquidated damages.

22. BOOTH ACCESS: The FESTIVAL and its agents or assigns shall have access to the aforesaid described space and premises at all times. Booth space cannot be assigned or leased by any organization other than FESTIVAL management.

23. FESTIVAL DISPLAYS: The FESTIVAL reserves the right to locate, or relocate any exhibit or display where it is in the best interest of the FESTIVAL. The FESTIVAL reserves the right to cancel any exhibit or display that is not in the best interest of the FESTIVAL.

24. LICENSES: All food vendors must obtain Sales Tax Licenses through the City & County of Denver and the State of Colorado.

25. LIABILITY INSURANCE: Your 2022 liability insurance requirement is $1,000,000. VENDOR shall inform appropriate insurance carriers to issue a certificate of insurance showing liability insurance coverage for 2022 Sunnyside Music Fest, Festival Staff, Contractors & Volunteers named as additional insured. FESTIVAL MUST HAVE ALL INSURANCE CERTIFICATES ON FILE BEFORE THE EVENT.