MANDAN RODEO DAYS VENDOR AGREEMENT

This Vendor Agreement (“Agreement”) is made and entered into as of the date of the last signature below (“Effective Date”), by and between Mandan Rodeo Days (“Organizer”), and the undersigned vendor (“Vendor”).

1. Event Details

3. Fees and Payment

• Vendor agrees to pay a vendor fee 10 days after submission of application, unless otherwise agreed upon in writing. Payment must be made via check/cash/card. Failure to make payment may result in forfeiture of vendor participation.

4. Performance Requirements To ensure the success of the event, Vendor must adhere to the following requirements:

• Arrive and complete set-up within the designated timeframe.
• Comply with all technical, logistical, and scheduling requirements provided by Organizer.
• Maintain professional conduct and uphold event quality standards.
• Vendor will be on site during event, unless agreed otherwise.
• Immediately notify Organizer of any delays, technical issues, or emergencies.
• Vendor is permitted to sell only the beverages specifically listed above and previously approved by the Organizer. 
  • The sale of water, soda, or any unapproved beverages is strictly prohibited. Any violation of this policy will result in a fine determined by the Organizer. 

5. Vendor Responsibilities

• Vendor must provide all necessary equipment and materials unless otherwise agreed upon.
• Vendor must provide all necessary staff to operate before during and after the event.
  • Mandan Rodeo (July 2nd, 3rd, 4th): 4:30pm – 10pm 
• Vendor must comply with all local laws, regulations, and health codes.
• Vendor is responsible for cleaning and maintaining their designated space. Spaces must be left in same or better condition prior to arrival.
• Vendor may not sublease or share their space without Organizer’s written consent.
• Vendor must remain available for their scheduled performance or service period unless otherwise instructed.

6. Organizer Responsibilities

• Organizer will provide a designated vendor/performance space. 
• Organizer will ensure event promotion and provide general logistical support.
• Organizer will provide necessary power requirements. 
• Organizer reserves the right to adjust performance schedules and vendor locations if necessary

7. Liability and Insurance Vendor agrees to indemnify, defend, and hold harmless Mandan Rodeo Days, its officers, directors, employees, affiliates, volunteers, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:

(i) Vendor’s services or activities at the Event;

(ii) Vendor’s breach of this Agreement;

(iii) any injury, loss, or damage caused by Vendor, its employees, contractors, or equipment; or

(iv) any violation of laws or regulations by Vendor.

Under no circumstances shall Mandan Rodeo Days be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, business interruption, or loss of revenue arising out of Vendor’s participation in the Event.

8. Insurance Requirements Vendor shall maintain a policy of public liability insurance and property damage insurance covering damage to any persons or property at the Venue or in connection with the Event, with a per occurrence limit of not less than $1,000,000.00, aggregate of not less than $2,000,000.00, and an umbrella liability limit of $1,000,000.00. Coverage must include independent contractor’s coverage, contractually assumed liability coverage, and liquor liability insurance coverage (if applicable). Vendor shall name Mandan Rodeo Days as an additional insured and provide a certificate of insurance at least ten (10) business days prior to the Event.
9. Damage Responsibility Vendor shall be responsible for any damage caused by Vendor, its employees, contractors, or equipment to the venue, event property, or any third-party property. Vendor agrees to reimburse the Organizer for any repair or replacement costs incurred due to such damages.
10. Cancellation Policy

• If Vendor cancels: Vendor must provide written notice. Refunds will be issued based on the following schedule:
  • 50% refund if canceled at least 40 days before the event.
  • No refund if canceled within 39 days of the event.
• If Organizer cancels: Organizer reserves the right to cancel the event or Vendor’s participation for any reason. If canceled due to unforeseen circumstances (e.g., extreme weather, safety concerns), Organizer is not liable for any lost revenue or costs incurred by Vendor. If Vendor was to be paid for services, Organizer will compensate Vendor for any completed services up to the cancellation date.

11. Termination Organizer reserves the right to terminate this Agreement if Vendor violates any terms of this Agreement, fails to meet performance expectations, or engages in conduct detrimental to the event. No refund or compensation will be provided in such cases.
12. Force Majeure Neither party shall be held liable for any failure or delay in performance due to acts of God, war, government restrictions, pandemics, natural disasters, or any other cause beyond their reasonable control. In such cases, both parties shall work in good faith to reschedule or otherwise mitigate losses.
13. Independent Contractor Status Vendor acknowledges that they are operating as an independent contractor and not as an employee, partner, or agent of Mandan Rodeo Days. Vendor is solely responsible for all taxes, insurance, and compliance with labor laws applicable to their business.
14. Intellectual Property Any event-related media, including but not limited to photographs, videos, and promotional content captured at the event, may be used by Mandan Rodeo Days for marketing and promotional purposes without further compensation to Vendor. Vendor shall not use Organizer’s trademarks or branding without prior written consent.
15. Governing Law This Agreement shall be governed by the laws of the state of North Dakota.
16. Entire Agreement This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements, whether written or oral. Any modifications must be made in writing and signed by both parties.
17. Safety & Compliance Clause Vendor agrees to comply with all event safety protocols, fire codes, crowd control measures, and security instructions provided by Organizer or venue staff. Failure to comply may result in removal from the event without refund.

Signatures By checking the “I acknowledge” box, both parties agree to the terms of this Agreement.