Oktoberfest Vendor Terms and Conditions
1. DEFINITIONS.
a. “Bona Fide”: i. As in growers – the seller is the producer of the products being offered for sale, from lands he owns or rents, with control over the production, harvesting and Festival of the products, and a financial interest in the products. ii. As in craftsperson – all crafts offered for sale are original in nature and produced in whole by the seller. No crafts shall be permitted that are derived from kits. iii. As in homemade products – all products are produced, baked or manufactured by the seller and are original in nature. No baked goods from mixes or purchased for finishing off will be permitted.
b. “Department” – means the New York State Department of Agriculture and Markets.
c. “Festival” – means the Venue’s Oktoberfest.
d. “Festival Governing Body” – means the New York State Olympic Regional Development Authority (“Olympic Authority”), its officers, directors, employees, and/or agents responsible for setting policies of the Festival.
e. “Festival Manager” – means the person or persons assigned and empowered by the Festival governing body to implement Festival policies and directives, and oversee operation of the Festival.
f. “Vendor” – means any seller or exhibitor participating in the Festival.
g. “Venue” – means Whiteface Mountain.
2. GENERAL OPERATIONS
a. FESTIVAL LOCATION & DATES. The Festival will be located at the Venue. The Festival will open on September 30, 2023 from 11am-6pm and October 1, 2023 from 11am-5pm.
b. WEATHER and CANCELLATION. The Festival runs rain or shine. Please be prepared for hot, cold and wet weather. Vendors are permitted to bring small space heaters that don’t require access to electricity as necessary. In the event that the Festival is cancelled for any reason, the Festival Manager agrees to make reasonable efforts to promptly notify all registered vendors. If circumstances change and cancellation is no longer necessary, vendors are responsible for attending the Festival as planned. Cancellation will be announced to vendors by email and will also be posted on the Venue’s website and Facebook page. The Olympic Authority is not liable for unsellable merchandise in the case of a cancelled Festival.
c. ATTENDANCE. Attendance is not mandatory, however, the more consistent the vendors are the better quality the Festival is and the more customers that will return. Not attending the Festival without notifying the Festival Manager at the email address indicated in this section, or with notice less than 24 hours in advance, can result in the Vendor being asked not to return for the remainder of the season. The Festival does not issue refunds for dates that vendors do not provide notice under this section. The Olympic Authority is not liable for unsellable merchandise in the case of a cancelled Festival. Vendor agrees and understands that there is no limit to the types of vendors at the Festival, so there may be vendors present with similar products or business offerings. Please notify the Festival Manager of any absences by email at
[email protected].
d. APPROVED FESTIVAL VENDORS. Participation in the Festival is restricted to those who are bona-fide growers, craft persons, and producers of homemade products or other vendors approved by the Festival Manager or Governing Body. Vendors may, on a limited basis, supplement their product line with additional New York State only products, as long as that product is otherwise missing from the Festival and the Festival Manager has given permission for the supplement. This permission is valid for one season only and must be re-applied for each new season. All agricultural products may be sold at the Festival, including but not limited to locally grown fruits and vegetables, dairy products, meats, flowers, plants, honey products, maple products, NYS wines sold by a farm winery, eggs, herbs and related products. Craft vendors may sell products that they have hand produced themselves. Bakers who have baked the products themselves and who possess the proper licensing from either the Department or their County Dept. of Health. Prepared food vendors with a current mobile food service license. Products not specifically identified must be pre-approved by the Festival Manager.
f. TENT PLACEMENT AND SPACE USE. All product and display should be within the area of the tent and may not exceed a 100 square foot (10’x10’) area. All tents must have weights available for use to secure the tent if needed at the Festival.
g. APPLICATION SUBMISSION. All applications must be submitted online via https://whiteface.com/todo/oktoberfest-vendors/.
h. VENDOR FEES. Vendor Fees are $100 per day per 10×10 space. Vendor acknowledges and agrees that, in the event power supply is required for the operation of their equipment or booth during the Festival, an additional power supply fee applies as indicated in Vendor’s application. Vendor further acknowledges and agrees that the standard booth space allocated for vendors is typically 10x10. In the event Vendor requires additional space beyond the standard 10x10 booth size, an additional space allocation fee will apply as indicated in Vendor’s application. Vendor fees are due by the close of business on September 29, 2023. Vendor agrees that fees are non-refundable, either in whole or in part. Vendor must make all checks payable to the State of New York Olympic Regional Development Authority. A $35 penalty fee will be charged for a returned check.
i. INSURANCE AND LICENSING. Upon acceptance, Vendors applying to sell prepared foods must submit a copy of their 20-c license, and all vendors must submit a copy their up-to-date Certificate of Liability Insurance which must include the following types of insurance: Commercial General Liability (“CGL”) $1,000,000 Each Occurrence; $2,000,000 General Aggregate. Vendor’s insurance shall name the Olympic Authority, the State of New York, and the Town of North Elba as additional insureds. Should any vehicles be driven on the Venue or any adjoining Olympic Authority property, other than a public road or in a visitor parking lot, Comprehensive Business Automobile Liability Insurance for any vehicle with a limit of not less than $1,000,000 combined single limit is required. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non-owned automobiles. WORKERS’ COMPENSATION / DISABILITY INSURANCE: Vendor must submit proof that they have the workers’ compensation and disability benefits coverage required by the New York State Workers’ Compensation Law, or proof that they are legally exempt from obtaining such coverage. Proof of compliance must be demonstrated in accordance with the requirements set forth by the New York State Workers’ Compensation Board. If any Vendor is unable to provide proof of liability insurance, the Vendor may satisfy the liability insurance requirements through the Olympic Authority’s Tenant User Liability Insurance Policy (TULIP), which provides insurance coverage for the Olympic Authority and Vendor.
j. LOCATION DETERMINATION. The Venue’s staff will determine Vendor locations based on a first come first serve basis. If you have any special requirements, please let us know on your application, so that we may take them in to consideration.
k. PETS. Vendors may not bring their pets or any animals to the Festival UNLESS THEY ARE SERVICE ANIMALS. A copy of the Olympic Authority’s Service Animal Policy may be found at: http://www.orda.org/corporate/pdf/policy/ORDA_Service_Animal_Policy_2019.pdf.
l. VENDOR SAFETY. We are committed to ensuring the safety of our vendors and their staff. If there is a safety issue at the Festival, immediately bring it to the attention of the Festival Manager, at
[email protected] In addition to food safety protocols that are taken by farmers on the farm, Festival operators should implement their own sanitary protocols. Vendors are encouraged to adhere to the following requirements: i. Do not permit customers to spend an excessive amount of time near the booth or table. ii. Limit the number of customers permitted at the table at one time, allowing for proper social distancing. iii. Set up display tables that allow for social distancing between consumers (e.g. do not create close or confined spaces with displays in a manner where social distancing cannot be maintained). iv. Frequently clean and sanitize surfaces and other frequently touched points of contact, including point of sale terminals. v. Frequently wash hands with soap and water or use hand sanitizer containing at least 60% alcohol if soap and water are not available. vi. Gloves are recommended while handling products at the Festival. vii. Pre-package raw agricultural products, such as apple, potatoes, onions, etc. to the greatest extent possible. All other foods, such as breads and baked goods, must be sold pre-packaged. Please refer to existing food labeling laws. viii. Be knowledgeable about the Food Safety Guidelines. ix. Frequently check the Department’s website for updates and additional resources. x. Do not allow customers to place personal objects, such as reusable bags, money, purses, or cell phones, on Vendor tables. xi. Customers should be encouraged to bag their own purchases, if possible.
m. FOOD & SAFETY. The Department regulates vendors at farmers’ markets to ensure compliance with New York State food sanitation requirements and to ensure that food is not adulterated or misbranded as outlined in Article 17 of Agriculture and Markets Law. This includes vendors selling raw agricultural products, such as produce and eggs, and processed, packaged foods, such as baked goods and preserved foods. Together with stakeholders from the farmers' market community, the Department has created guidance to help farmers' market vendors understand these food safety regulatory requirements at farmers' markets. This guidance is the first of its kind created by the Department and is intended to help the industry grow and flourish. For more information please visit https://agriculture.ny.gov/food-safety/food-safety-farmers-markets.
n. SELLING GUIDELINES i. All applicable food safety regulations, both state and local, must be adhered to at all times. ii. All applicable licenses and permits for products sold must be obtained and kept current. Copies of applicable permits and licenses will be kept on file with the Festival management. iii. All Vendor spaces must be swept clean and any refuse removed at the end of each Festival day. iv. All vendors must have a sign clearly showing their name and location. v. Each Vendor will be responsible for all equipment and supplies for the setup of a booth. Displays should be constructed in such a way that they do not block customer walkways nor pose any other hazard to customers. vi. Vendors who provide samples and/or products that will result in waste material, such as cups, rinds, and corn cobs, must provide containers for waste disposal. vii. Vendors are required to keep their Festival space neat and clear of obstacles, litter and debris. viii. All produce displayed for sale must be at least 12” off the ground with the exception of heavy or large items such as pumpkins. ix. Sellers must post prices. While it is expected that prices will be fair to consumers, the seller and fellow sellers, collusion among sellers to attempt to influence prices is strictly prohibited. x. No smoking, alcoholic beverages or firearms are permitted at the Festival. Exception is wine tasting. xi. No hawking, proselytizing or amplified music is permitted at the Festival. xii. All products offered for sale must be of good quality and condition. The Festival Manager reserves the right to direct any inferior goods be removed from display. Failure to remove products deemed inferior will be reported to the Festival’s Governing Body and may result in loss of Festival privileges. xiii. Each Vendor in the Festival must be directly involved with or knowledgeable about the production of the produce or products being sold at the Festival. xiv. Vendors are responsible for the actions of their representatives, employees or agents.
3. COMPLIANCE AND INDEMNIFICATION. I, the Vendor submitting this application, affirm that I have read the above Terms and Conditions of the Festival and do agree to abide by all rules and regulations. I further agree to operate my stall in accordance with these rules and regulations and to pay all applicable fees as set out in the rules and regulations. I do understand that the stall fee, length of season, and hours of operation are set in the rules and regulations, and I will abide by them. I further understand that failure to comply with the Terms and Conditions of the Festival could mean dismissal from the Festival. I, the Vendor submitting this application, agree to indemnify, defend and hold harmless the Olympic Regional Development Authority (Olympic Authority), the State of New York, the Town of North Elba, and each of their officers, directors, employees and agents from and against any claims, actions, damages, losses and expenses, including attorneys’ fees, for any actual or alleged injury or death to any person or damage to or to destruction of property arising out of any act or omission on the part of Vendor, including Vendor’s employees and/or volunteers in connection with the use or occupancy of any property owned or operated by the Olympic Authority, the State of New York, and/or the Town of North Elba, or Vendor’s participation in the Festival. By submitting this application, I commit to the dates listed above and agree to abide by all applicable Local, State, and Federal Laws and Regulations pertaining to my business. Additionally, I will provide a Certificate of Insurance and if necessary, an Agriculture and Market Certificate. I will provide current licenses associated with my business. I certify that my business produces all the material for sale and that I am not a reseller of materials purchased from third parties. I will provide a Certificate of Insurance that complies with the above-referenced requirements. I will follow all of the above rules and regulations in effect at the time of the Festival.
The vendor fee for the two-day Oktoberfest event is $100 and covers both days. With this vendor fee, you are covered under the Olympic Authority’s Tenant User Liability Insurance Policy (“TULIP”).