DOWNTOWN MERCHANTS ASSOCIATION

DISTILLERY/WINERY AGREEMENT FOR 2024 SUMMER EVENT SEASON

 

This Distillery/Winery Agreement for the 2024 Event Season is an agreement between the Distillery/Winery reviewing and submitting documentation on the Downtown Castle Rock website under the 2024 Beer Vendor Application and the Downtown Merchants Association (DMA).  By accepting this form, the Distillery/Winery is agreeing to the following:

 

Agreement:

1. Distillery/Winery will provide mixed drinks, cocktails and wine.  Estimated attendance as outlined in the 2024 Food & Beverage Opportunities Packet can be used as a guide to determine quantity of beverages.  Historical data will also be provided by the DMA Staff for planning purposes.

2. Distillery/Wineries will be paid for the number of tokens collected during the Event(s) at an amount which is 50% the sale price of the token.

3. Tokens will be collected periodically through the Event(s).  A final token count will occur following the close of sale based on the Liquor License conclusion.  Distillery/Winery may not leave before the final token count is conducted or will risk forfeiting of final payment for tokens not recorded.

4. The DMA will not pay for tokens collected after the conclusion Liquor License. 

 

Provided to Distillery/Winery by the DMA:

• Booth space 10’ x 10’

• 9 oz cups

• Ice

• Marketing, including, but not limited to social media, posters, and banners, mentioned from main stage at event, etc.

• Merchandise booth space 10’ x 10’ (Oktoberfest only) upon request as outlined on the online application

 

Distillery/Winery Required Documents:

• Castle Rock Sales Tax License

• Proof of Insurance

 

Event Expectations and Guidelines:

Expectations for Distillery/Winery Representatives:

• Distillery/Winery booth must be occupied by a representative of the distillery/winery at all times.  Failure to occupy booth may result in exclusion from future events and risks forfeiture of any and all payments made, or any claims for payment from DMA.

• All distillery/winery representatives must be 21 years or older and present a valid photo ID upon check in at the event.

• Distillery/Winery representatives must maintain sobriety while participating in the event. Any distillery/winery representative deemed intoxicated during the event shall be subject to ejection.  Additionally, no food shall be consumed inside the serving booth per the dictate of the Douglas County Health Department.

• Distillery/Winery representatives must be appropriately dressed for a family friendly event during the event.

• Distillery/Winery representatives should conduct themselves with appropriate decorum at all times. Activities by a distillery/winery representative that endanger event attendees, event staff, event vendors or any activity that is contrary to Colorado law, may be subject to the distillery/winery representative or the attending distillery/winery to ejection from the event at the sole discretion of the DMA staff.

• Throwing items (i.e. cups, etc.) from the booth into the crowd is strictly prohibited.

• Distillery/Winery representatives must load-in between the time communicated to them in the load in e-mail provided prior to the day of the Event(s).  If the representative has not arrived 60 minutes prior to the event start time, the booth space outlined on the event map may not be guaranteed and load in will not allow for a vehicle to enter the event space, all booth items will need to be hand delivered.

• Promotion of your product may only occur within the confines of your booth.

 

Guidelines for Booth Set Up & Display:

• Each Distillery/Winery is provided with a 10’ x 10’ booth space.

• Distillery/Winery is responsible for providing and setting up tents, table, chairs, jockey box or other items necessary for the Event(s).

• Distillery/Winery is responsible for properly weighing down and securing any canopy, tent, or other structure use.  Structures that are not sufficiently weighed down or secured shall be taken down.  Distillery/Winery shall be solely responsible for any damages, injuries, losses, and liabilities caused by failure to appropriately weigh down or secure any structure used by distillery/winery.

• It is required that the pop-up tent is branded, clean and in good repair.

• Tablecloths, decorations and other items to improve the appearance of your booth space are strongly encouraged.

• All banners or back booth displays should be in good taste and appropriate for a family friendly event.

• Anything that impedes traffic flow in the nearby area or encroaches on your neighbor’s booth is not allowed.

• Breweries are required to maintain a professional and clean booth area and remain free of trash.

• Electricity is not provided.

 

Guidelines for Serving Cocktails and Wine:

• All pours must be made into a clean cup which will be provided by the DMA.

• Do not serve attendees who appear intoxicated. Alert event staff or police if of the intoxicated individual.

• All attendees over 21 will be provided with a wrist band at the DMA Token Booth during the purchase of tokens.  Drinks may ONLY be served to attendees with a wrist band.

• All drinks served must be in exchange for one beer token that is purchased from the DMA Token Booth. If distillery/winery representatives are not collecting tokens in exchange for beer, distillery/winery may be subject to reimbursement to the DMA for the cost of the beer.

• Distillery/Winery may start serving alcohol at the time indicated on the liquor license issued by the State of Colorado.

 

The Fine Print:

1. DMA reserves the right to cancel, reschedule, and/or move the event(s) to another location and/or date at DMA’s sole discretion if, at DMA’s sole discretion, Event Premises become unfit due to any cause outside the reasonable control of DMA.  In the event of cancellation, moving, or rescheduling of the event(s), distillery/winery agrees to waive claims that may arise from said cancellation, moving, and/or rescheduling.

2. Brewer’s failure to attend and/or to provide minimum number of kegs as outlined in the 2024 Food & Beverage Opportunities Packet shall be deemed a default by Brewer.  Exceptions to minimum kegs provided may be discussed prior to the Event(s) and approved by DMA Staff on a case-by-case basis.  Exceptions must be requested in writing.

3. Limitation of Distillery/Winery: Unless otherwise provided, the cash, services, benefits, and any other terms described in the 2024 Food & Beverage Opportunities Packet are related solely to DMA’s 2024 event season.

4. License and Usage: Distillery/Winery hereby grants DMA a limited, non-exclusive license to use Distillery/Winery trade name, trademark, service mark and any other proprietary information owned by the Distillery/Winery.  DMA agrees that such information will be used only in connection with specific 2024 DMA event(s) selected by Distillery/Winery to provide the benefits set forth in the 2024 Food & Beverage Opportunities Packet.  Distillery/Winery shall provide DMA with a high-resolution logo for use in promoting Distillery/Winery, as applicable.  Logos, when applicable, must be supplied no later than May 1, 2024, to ensure full benefit recognition to the Distillery/Winery. 

5. Exclusivity: Distillery/Winery offerings are not exclusive unless provided for in writing by the DMA.

6. Permits and Licenses: Distillery/Winery shall obtain and maintain appropriate business, sales tax, food sales and any other required licenses and permits as necessary and provide documentation of such to DMA no later than ten (10) business days prior to the event(s).  Distillery/Winery must have a Town of Castle Rock sales tax license effective through the duration of each Event, regardless of whether Distillery/Winery sells anything.

7. Insurance:  Distillery/Winery shall maintain, for the duration of each Event, standard and customary liability and property insurance.

8. No Employment Relationship: This Agreement shall not create any joint venture, partnership, employer/employee relationship, agency or other employment relationship between the parties.

9. Prohibition Against Employing Illegal or Unauthorized Aliens: Distillery/Winery certifies to DMA that Distillery/Winery shall not knowingly employ or contract with any illegal alien (See CRS  § 8-17.5-101) or unauthorized alien (See 18 USC § 1324a(h)(3)).  Upon request, Distillery/Winery shall provide proof of legal documentation of citizenship for any employee, volunteer, agent, official, officer, servant, contractor or any other representative of Distillery/Winery.

10. Changes or Alterations: There will be no change, alteration, variation or deviation from the terms of this Agreement unless made in writing and signed by all parties hereto.  No verbal understanding or agreement, past, present or future not incorporated herein shall be valid or binding on either party.  This Agreement (including any and all attachments and the 2024 Food & Beverage Opportunities Packet) constitutes the entire understanding and agreement of the parties, whether written or oral, and supersedes all prior and contemporaneous agreements or understandings between the parties with respect to the subject matter hereof.

11. No Waiver: No waiver of any provision of this Agreement will be deemed, or will constitute, a waiver of any other provision, whether or not similar, and no waiver will constitute a continuing waiver.  No waiver will be binding unless executed in writing by the party making the waiver.

12. Attorney’s Fees: If Distillery/Winery defaults under this Agreement, Distillery/Winery must reimburse DMA for all costs and expenses reasonably incurred in connection with such default, including without limitation attorney’s fees. In addition, if any suit or action is filed to enforce this Agreement or with respect to this Agreement in which DMA prevails, DMA is entitled to be reimbursed by Distillery/Winery for all costs and expenses incurred in connection with the suit or action, including without limitation reasonable pre-judgment and post-judgment attorney’s fees at the trial level and on appeal.  All other legal remedies are hereby reserved.

13. Severability: If any clause, provision, section, or paragraph set forth in this Agreement is determined to be illegal, invalid, or unenforceable under present or future applicable laws, it is the intention of the parties that the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect.

14. Food/Health Department: Distillery/Winery shall not give away or sell food without prior permission from DMA.  If Distillery/Winery is given permission to give away or sell food, Distillery/Winery must have a current Douglas County Health Department Food License or a Mobile License, unless food items are commercially packaged.  The application is available by calling Douglas County Health Department at 720-643-2400.  Distillery/Winery holding a Temporary Event License must submit the appropriate documentation for each event at which Distillery/Winery is participating to Douglas County Health Department at least two (2) weeks prior to each Event.  Failure to submit said documentation at least two weeks prior to each event may result in late fees being assessed by Douglas County Health Department. Copies of approval from Douglas County Health Department must be delivered to DMA prior to Event(s).

15. Access: DMA and DMA’s employees, volunteers, agents, elected officials, officers, servants, successors, assigns, and any other representatives of DMA shall have access to all Event sites at all times, regardless of whether any such site is occupied by a Distillery/Winery.  Distillery/Winery shall be responsible for securing personal property; DMA shall not be responsible for any lost, stolen, or damaged property.

16. READ THIS SECTION CAREFULLY:  IF BREWER DEFAULTS IN ITS OBLIGATIONS PURSUANT TO THE TERMS OF THIS AGREEMENT, THEN, UPON DEMAND BY DMA, BREWER SHALL PAY TO DMA THE SUM OF FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00) AS LIQUIDATED DAMAGES. THE PARTIES HERETO EXPRESSLY AGREE AND ACKNOWLEDGE THAT DMA’S ACTUAL DAMAGES IN THE EVENT OF A DEFAULT BY BREWER WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO ASCERTAIN AND THAT THE AMOUNT OF THE LIQUIDATED DAMAGES REPRESENTS THE PARTIES’ REASONABLE ESTIMATE OF SUCH DAMAGES INCLUDING POTENTIAL HARM ON THE DMA’S RELATIONSHIP AND REPUTATION WITH PARTNERS, SPONSORS, THE TOWN OF CASTLE ROCK AND VENDORS.