Vendor Agreement, Release of Liability & Hold Harmless

The vendor fee is $25.00 for one space for the Event day, plus any power fee you select. It is due on signature and acceptance of this agreement, and your space is not held until it is paid.

The fee is non-refundable — including if you cancel, don't show, arrive after load-in closes, or are removed for violating this agreement. NCWD takes no commission or percentage of your sales.

Power is not included and is limited. It is offered first-come at the rates above and must be requested in advance — it can't be added on Event day. Each vendor is capped at 10 amps, and you must tell us what you're plugging in.

You supply your own outdoor-rated, grounded extension cords and power strips, and you tape down or cover any cord that crosses a walkway.

NCWD does not guarantee uninterrupted power and is not liable for any loss from an outage, surge, tripped breaker, or disconnection — including spoiled product, damaged equipment, or lost sales. If you're selling anything temperature-sensitive, bring your own backup.

Generators are allowed at no extra charge. Tell us in advance if you're bringing one. It has to sit where we place it — clear of walkways and egress paths, never inside a structure or under a canopy — with the exhaust pointed away from tents, doorways, and walkways, and refueled only when it's off and cool. We may ask you to move or shut down a generator for safety, exhaust, or noise that's affecting the vendors around you. Your generator, your fuel, and anything that comes of it — spill, fire, fumes, noise, damage, injury — is your responsibility, and Section 06 applies in full.

Spaces are in the front parking lot of 1327 Main Street or inside the gate. There is no marked or pre-assigned layout: NCWD places vendors on arrival, and may move you before or during the Event for safety, vehicle access, or flow. Plan on roughly a 10 × 10 ft footprint and tell us in advance if you need more.

The space is provided as-is, on a working commercial lot with uneven pavement in places. You bring everything else — tables, tent, weights, signage, lighting, and your own cash handling.

Load-in ____ to ____  ·  Event hours ____ to ____  ·  Teardown ____ to ____. Be fully set up before opening, and don't break down early without checking with us.

You may not:

• Stake, drill, anchor, or drive anything into the pavement, slab, or building, or attach anything to the building with tape, adhesive, or fasteners without written approval
• Leave a tent, canopy, or signage unsecured against wind — staking isn't allowed, so weighting your own setup is on you
• Block fire lanes, exits, hydrants, utility panels, gates, or accessible routes at any time
• Sublet, share, or transfer your space, or sell or solicit outside of it
• Sell or bring alcohol, cannabis, tobacco, vape or nicotine products; firearms, ammunition, weapons, explosives, or fireworks; counterfeit, stolen, recalled, or infringing goods; or live animals other than service animals
• Run open flame, propane, charcoal, or fryers, or use amplified sound or live music, without written approval — approved cooking requires your own currently inspected fire extinguisher on site
• Display anything obscene, harassing, or discriminatory, or political and advocacy material not cleared in advance

NCWD may remove any vendor, product, or display at any time, without refund, for violating this agreement or for conduct we reasonably consider unsafe, unlawful, or disruptive.

You operate as an independent business. This agreement creates no partnership, joint venture, agency, or employment relationship with NCWD. You are solely responsible, at your own expense, for:

• Licenses and permits — every federal, state, and local license, permit, and inspection your operation requires, including any City of Berlin permit, NH DHHS food protection or homestead food licensing, temporary event food permit, and professional licensure
• Taxes — all of them, including NH Meals and Rooms Tax on prepared food and beverage where it applies
• Your products — safety, quality, labeling, allergen disclosure, handling, and temperature control of anything you sell, sample, or give away. NCWD does not inspect, approve, or warrant what you sell.
• Your people — the conduct, supervision, and safety of your employees, helpers, volunteers, family, and any minors in your space, plus any workers' compensation obligations
• Your property — your cash, inventory, and equipment. NCWD provides no security, storage, or overnight monitoring.

Cleanup and damage. Take out everything you bring in, including trash, packaging, and product waste. Clean up any spill you cause immediately. If you, your people, or your equipment damage the lot, building, or fixtures, you reimburse NCWD the full cost of repair or cleanup within 15 days.

NCWD does not require proof of insurance to sell at this Event, and no certificate of insurance is needed.

We strongly recommend you carry it anyway. General liability coverage of roughly $1,000,000 per occurrence is inexpensive for a small vendor, and product liability coverage matters a lot if you sell food, beverage, cosmetics, or anything else people consume or put on their skin. Single-day event policies are widely available.

If you choose to sell without insurance, that is your decision and your risk. NCWD's insurance does not cover you, your people, or your property, and going without changes nothing about your obligations in Section 06.

The Event is rain or shine, and fees are not refunded for weather. NCWD may cancel, postpone, shorten, relocate, or change the Event for any reason — unsafe conditions, utility or building problems, low registration, government order, public health requirement. If NCWD cancels, our only obligation and your only remedy is, at our option, a refund of your fee or a credit toward a future event.

NCWD is not responsible for your travel, labor, inventory, spoilage, or lost profits, or for any indirect, incidental, consequential, or punitive damages, and NCWD's total liability will never exceed the fees you actually paid. Neither side is liable for failing to perform because of causes outside its reasonable control. We make no promises about attendance, foot traffic, sales, or whether a similar vendor will be there.

Follow posted rules and reasonable directions from NCWD staff. This agreement is governed by New Hampshire law, with exclusive venue in the state or federal courts of Coös County, New Hampshire, and the prevailing party in any enforcement action may recover reasonable attorneys' fees and costs. If a provision is unenforceable, the rest stays in force and that provision is enforced as far as the law allows. This is the entire agreement about the Event, it replaces earlier discussions, and it can only be changed in writing signed by both sides. It may be signed electronically and in counterparts. Notices to NCWD, and signed copies of this agreement, go to jatamblyn1@gmail.com.

By submitting the vendor form below, or by sending the vendor fee through the payment link above, you confirm that you have read this entire agreement — including the release of liability, assumption of risk, and hold harmless in Section 06 — that you understand you are giving up substantial legal rights, including the right to sue the Released Parties for ordinary negligence, that you are at least 18 years old, and that if you are signing for a business you have authority to bind it.

Prefer paper? Email jatamblyn1@gmail.com and we'll send a printable copy to sign and return.