This Contract is between EVERGREEN MOUNTAIN BIKE ALLIANCE (“Evergreen”) and “Exhibitor” for the 2022 Evergreen Mountain Bike Festival (“Festival”) to be held at Port Gamble Heritage Forest Park on Saturday, June 18 and Sunday, June 19, 2022.
Evergreen is hosting a 2-day Mountain Bike Festival (Event) at Port Gamble Heritage Forest Park on Saturday, June 18, 2022 and Sunday, June 19, 2022. Exhibitor has signed an Event Registration Form and has been granted permission to exhibit at said Event.
Exhibitor agrees to the following Event Terms and Waiver:
1. Exhibitor Booth Space and Fee: Exhibitor agrees to Expo booth location and booth fee as indicated and agreed to in the attached signed Registration Form.
2. Event and Expo Area Access: Exhibitor shall have access to the Expo area located within “the Airfield”, beginning 6:00 am Saturday, Saturday, June 18, 2022, for the purpose of setting up Exhibitor station, goods, and other necessary displays. Access gates will be locked at 9:00 AM on Saturday, June 18, 2022, after which no further vehicle site access will be permitted.
Any vehicles within the Festival grounds after gates are locked must remain at the festival throughout the entirety of the Festival. There will be no gate access for vehicles or booth set up on the morning of Saturday, June 18 and Sunday, June 19, 2022.
If applicable: Vendors with Exhibit trailers/Sprinters/RVs and demo fleets (trailers will remain in the expo area) can access the Expo space on Friday evening, Friday, June 17, 2022. Access and setup may be granted between 4pm - 7pm on Friday, June 17, 2022. Exhibitor will contact the Festival Director at (206) 524-2900 or email@example.com before June 1, 2022, to be given early set up access and receive detailed set-up and un/loading instructions.
If applicable: Single-day participants may dismantle booths no earlier than 5:00 PM on Saturday, June 18, 2022. Single-day booths must be dismantled and removed from the Festival grounds no later than 7:00 PM on Saturday, June 18, 2022.
3. Booth Operations: Booth set-up must be complete by 8:45 am on both event days. At least one Exhibitor representative must remain at the booth location to assist Expo guests during all expo hours, 9am - 5pm on Saturday, June 18, 2022, and 9am - 4pm on Sunday, June 19, 2022.
4. Exhibitor Cleanup and Breakdown: Exhibitors may dismantle booths no earlier than 4:00 PM on Sunday, June 19, 2022. Booths must be dismantled and removed from the Festival grounds no later than 6:00 PM. All booth displays, tables, and goods must be removed and cleaned up by 6 pm on June 19th. Exhibitor agrees to “leave no trace”; all rubbish must be cleaned up and taken with Exhibitor or neatly disposed of using the Event’s central garbage bins.
5. Cancellation Policy: Cancellations must be received in writing to The Festival Director at firstname.lastname@example.org before April 15, 2022. Cancellations submitted after this date will not be refunded, including cancellations for failure to perform Exhibitor’s obligations under this contract. Cancellations made on or before the dates below will be refunded as follows:
Notice of cancellation received by % of fee refunded
April 15, 2022 100%
April 30, 2022 50%
May 31, 2022 0%
6. Certificates of Insurance: Exhibitors are required to provide proof of general liability coverage from an insurance company in good standing with minimum policy requirements of $1,000,000 per occurrence and $2,000,000 in all, and must provide Certificates of Insurance naming “Evergreen Mountain Bike Alliance” and Kitsap County Parks as additional insureds. Certificates of Insurance must be received before June 1, 2022, and may be sent to the Festival Director at email@example.com, or uploaded online. Failure to provide additional insured certificates by June 1 will result in cancellation of the Exhibitor’s reservation with no refund pursuant to item 5 above. EVERGREEN WILL NOT BE LIABLE FOR LOSS OR DAMAGE TO THE PROPERTY FROM THEFT, FIRE, ACCIDENT, OR ANY OTHER CAUSE BEYOND ITS CONTROL.
7. Booth Layout and Location: Evergreen will manage the booth layout as close to the Event map (located at www.evergreenmtbfestival.com/spaces) as possible. However, in the event that the planned Exhibitor location is unavailable for any reason, Evergreen may, at its discretion, modify the Festival layout. Such location and layout modifications will be made solely at Evergreen’s discretion. Evergreen will endeavor to alter the layout with as little disruption as reasonably possible and close to the original reservations.
8. Utilities: There is no electricity or water at the Event. Exhibitors requiring electricity must provide their own generator(s), and those generators shall not unreasonably disrupt the Festival or other Exhibitors due to noise or exhaust. Evergreen reserves the right to require generators to be moved or turned off during certain times for the enjoyment of the Festival guests and other Exhibitors.
9. Food and Non-Alcoholic Beverages: Outside vendors or festival management will provide food and refreshments. Exhibitors can provide and give away packaged food and beverage samples, but Exhibitors may not prepare food on site. Exhibitors may bring their own food for consumption by the Exhibitor’s staff.
10. Alcoholic Beverages: No alcoholic beverages are permitted at, around, or near Exhibitor booths. Exhibitors and participants are prohibited from bringing outside alcohol into the Festival. A fenced-in beer garden with an Event sponsor vendor will be set up in the main Expo area.
11. Vacancy: The exhibitor’s reserved space will be held until 8:30 AM on Saturday, June 18, 2022. If the Exhibitor’s reserved space is vacant at that time, Evergreen reserves the right to fill the reserved space with another Exhibitor.
12. Subletting: Exhibitors are prohibited from subletting space to or sharing a space with another entity without express written permission of Evergreen. If an Exhibitor wishes to sublet, please contact the Event Director. Subletting may be allowed at the sole discretion of Evergreen.
13. Fire, Safety, and Health Regulations: Exhibitor is required to follow local fire, safety, and health regulations and ensure that its exhibit and activities meet those regulations. Furthermore, Exhibitor must make reasonable efforts to ensure its displays are free from fire, safety, and health hazards.
14. Reasonable Precautions to Safeguard Property: Evergreen will take reasonable precautions to safeguard Exhibitor’s property. On-site security shall be provided overnight from approximately 7 PM until approximately 7 AM on Saturday, June 18 and Sunday, June 19, 2022. It is Exhibitor’s responsibility to ensure all products and equipment are secure within their expo space. Leaving merchandise unlocked and unattended in any area is not recommended.
15. Inability to Perform: If Evergreen is prevented from holding the Event for any reason, or if it cannot permit the exhibitor to occupy their space for any reason including, but not limited to, strikes, civil disobedience, or natural disasters, Evergreen’s only obligation will be to refund the registration fee paid by the Exhibitor. Evergreen shall have no further obligation to the exhibitor.
16. Waiver of Liability, Assumption of Risk, and Indemnity: Exhibitor shall agree to all 15 terms above and to the following Waiver of Liability, Assumption of Risk, and Indemnity statement:
(“Exhibitor”) agrees to hold harmless and indemnify Evergreen Mountain Bike Alliance and King County and its owners, agents, and employees, for any and all loss or damage Exhibitor owners, employees, volunteers, and/or anyone affiliated with above said Exhibitor that may cause to person or property while engaged in bike-related activities. This includes, but is not limited to, any and all claims for personal injury, death and/or property damage that may arise while participating in equipment and product demonstrations, group rides, and other activities, and sampling regardless of whether such loss or damage be caused to Exhibitor owners, employees, volunteers or anyone affiliated to Exhibitor, or to others.
I hereby release Evergreen Mountain Bike Alliance and King County and all its owners, agents, and employees from any and all liability for damage and personal injury to anyone affiliated with Exhibitor property resulting from their own acts of negligence. I understand that Evergreen Mountain Bike Alliance and King County and its owners, agents, and employees are not responsible for the consequences of their own negligence, that is, their failure to use reasonable care in any way in the operation of this event and for any date(s) that Exhibitor is on the property preparing or cleaning up from the event. I acknowledge that Exhibitor freely and expressly assumes and accepts any and all risks of property damage, personal injury, or death to owners, employees, volunteers, and/or any other affiliates of Exhibitor. I understand that there are inherent and other risks involved in the sport of biking, and injuries are a common and ordinary occurrence of the sport, and Exhibitor freely and voluntarily assume those risks.
Any product and equipment demonstrations, food vending, and sampling scheduled at this event will be performed as an Exhibitor service where the intent is to promote Exhibitor products and services. I also agree that all athletes participating in the demonstrations and sampling, group rides, and other activities are employees and/or affiliates of Exhibitor accepts sole responsibility for their actions. I have read the above paragraphs and fully understand them. I clearly requested clarification for all items to my satisfaction.
I agree that there have been no warranties, expressed or implied, made to me which extend beyond the description outlined on this form. I, the undersigned, acknowledge that I have carefully read this agreement and release of liability, and I understand its contents. I understand that my signature below expressly waives any rights I may have to sue Evergreen Mountain Bike Alliance and Kitsap County Parks for injuries and damages.
For any questions regarding these terms, please call or the Festival Director at (206) 524-2900 or firstname.lastname@example.org.
I Agree I HAVE FULLY READ AND INFORMED MYSELF OF THE CONTENTS OF THIS EXHIBITOR CONTRACT AND AGREE TO ITS TERMS.