Elbert County Fair Vendor User Agreement
Policies and Procedure
Check-In, Set-Up & Teardown
Check in for vendors will depend on the rate you selected. PLEASE NOTE: YOU will be required to submit a $75 check upon check-in that will be returned to you at check-out.
**IF you breakdown early or decide to not finish the show, your $75 check will be surrendered, and you will not be permitted to sign up for the show the following year. Vendors are not allowed to set up beyond designated times and will not be permitted to set up once the show begins.
Vendors that show up late without prior arrangements with us forfeit their space and are noteligible for a refund. PARKING IS STRICTLY ENFORCED Thursday through Sunday.
VENDOR PARKING IS IN THE GENERAL PARKING AREA, NO EXCEPTIONS! DAILY UNLOADING OF INVENTORY IS ALLOWED BEFORE THE FAIR OPENS TO THE PUBLIC, BUT VEHICLES MUST THEN BE RELOCATED TO GENERAL PARKING.
Your name or business name will be attached to the fence along the midway. All vendors, indoors and outdoors, will be expected to be cleaned up and checked out no later than 7pm on Sunday, August 3rd.
Inappropriate behavior (rude comments, profanity, insulting remarks) towards the event organizers or other vendors will not be tolerated. If this behavior occurs, you will be asked to leave the event and your fees will not be refunded. You will not be allowed to participate in Future Elbert County Fair events or associated events with The Elbert County Fair Accident Management
In the case of an accident or emergency, vendor agrees to cooperate with Fair and Fairgrounds Management. All accidents, occurrences, and incidents must be reported to Elbert County Fairgrounds Management as soon as possible, but not later than the next business day. Reports must include:
Reports must include:
1.Name, address and telephone number of the injured person or persons.
2.Name, address and telephone number of any witnesses.
3.A description of the accident (how, when, and where it happened).
4. A description of the extent of bodily injury or property damage.
Cancellation/Vendor
No Show Elbert County is not responsible for any consequences, monetary or otherwise, due to cancellation by vendor. Refunds will NOT be given for cancellations requested after July 1st, 2025. If a food vendor cancels prior to July 1st, 2025, a full refund will be granted. If the food vendor cancels after July 1st, 2025, or fails to attend the Fair, no refund will be given. If Elbert County cancels this event for any unforeseen reason or act of God, then all monies paid to Elbert County by the vendor shall be refunded. Remedies for such cancellations shall be limited to the amount received under this agreement.
Certificate of Insurance
Any and all vendors providing an activity (i.e. pony rides, machine demonstrations, rock climbing, etc.) or selling food must procure and maintain, at its own expense, insurance with insurers with an A- or better rating as determined by Best’s Key Rating Guide, the following policy of insurance: Commercial General Liability Insurance. The policy will be applicable to all premises and operations. The policy will include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, and products. The policy will contain a severability of interests provision. The policy will also include all phases of the event (set up preparation, actual event, specific hours of occupancy and cleanup). The required certificate(s) of insurance will name Elbert County, Colorado, its officers and employees as additional insured and also name the specific event and dates being insured. The required certificate(s) of insurance must be provided by July 25, 2025, prior to occupying a booth at the Elbert County Fair. The vendor will not be permitted to occupy or use a booth unless and until the required insurance is provided.
General Policies
Elbert County Government retains control and management of the Elbert County Fairgrounds at all times and shall have the right at all times to enforce all rules and regulations described hereto and shall have the right to eject all persons who fail or refuse to comply with rules and regulations.
Fire Safety Standards
All fire regulations in the Uniform Fire Code (UFI) as amended and adopted by the Kiowa Fire Protection District shall be strictly observed. Fairgrounds Management will work with each vendor during set-up times to ensure compliance with UFC. General Compliance
All vendors agree to comply with all applicable governmental agencies, ordinances and statutes.
Health Permit Requirements
All food vendors are required to possess or obtain a state-approved food vendors’ license/permit (a DENVER City or County License is not acceptable). If you do not have one that is current, please contact Elbert County Health Department for the requirements.
Contact Information:
Elbert County Public Health and Environment
Phone: 303-621-3193
Web: Elbert County, CO | Official Website (elbertcounty-co.gov)
Physical address: 75 Ute Avenue Kiowa, CO 80117
Mailing address: PO Box 201 Kiowa, CO 80117
Hours: Monday-Thursday 7:30am-5:00pm
~Elbert County offices are closed Fridays~
The following items MUST BE SUBMITTED BY JULY 1, 2025, along with the 2025 Elbert County
Fair Vendor Application Packet:
Check for appropriate fees
Health Permit License
Menu of items to be served
Indemnification
To the fullest extent permitted by law, the vendor shall indemnify and hold harmless Elbert County, their officers, employees and insurers from and against all claims, damages, losses, expenses and demands, including court costs, attorney fees and expenses due to injuries, losses or damages arising out of, resulting from, or in any manner connected with the Elbert County Fair, if any such injury, loss or damage is caused in whole or in part by, or is claimed tobe caused in whole or in part by, the act, omission, error, mistake negligence, other fault of vendor, any officer, employee, representative or agent of the vendor, anyone directly or indirectly employed by the vendor, or anyone for whose acts as the vendor may be liable; provided, however, that directly or indirectly employed by the vendor, or anyone for whose acts as the vendor may be liable; provided, however, that except for worker’s compensation, disability benefits or other similar employee benefit claims, vendor is not obligated to indemnify the county hereunder for that portion of any claims, damages, losses,demands and expenses arising out of or resulting from any negligent act or omission of the County, or their agents and employees. Vendors indemnification obligation hereunder shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this section. With respect to any and all claims against the County or any of their officers, employees or agents by any employee or vendor or anyone directly or indirectly employed by vendor, or anyone for whose acts as vendor may be liable, the indemnification obligation described above shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the vendor, under workers compensation acts, disability benefit acts, or other employee benefit acts. Under Colorado law, an equine professional is not liable for any injury or death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes.
Liability Limitations of Parking
Elbert County shall not be responsible for fire, theft, damage to or loss of vehicles or articles left therein parked on County property or at any location for the purpose of attending the Elbert County Fair. Vendors who park in any non-designated area do so at their own risk and may be ticketed and/or towed at their own expense.
Limitation of Liabilities
Notwithstanding anything herein to the contrary, Elbert County will not be liable for any indirect, incidental, special, consequential damages, or damages resulting from the use of the Elbert County facilities, however arising, including failure of voice or data lines, even if Elbert County has been advised of the possibility of such damages. Elbert County liability will in no event exceed the amount received under this agreement for damages arising out of, relating to, or in any way connected with the use agreement. Users of Elbert County facilities are advised to procure event cancellation insurance. Elbert County will not assume liability for cancellation due to emergencies or unforeseen circumstances. Recovery under such circumstances shall be limited to the amount of rental fees paid under this agreement.
Lost or Stolen Articles
Elbert County shall NOT be responsible, under any circumstances, for property of the vendor while on the Elbert County Fairgrounds. Elbert County is NOT responsible for any loss of articles or equipment left unattended in any facility. A vendor assumes all responsibility for any goods or material which may be placed before, during, or after the fair.
Merchandise Restrictions
Vendors MAY NOT sell firearms, ammunition, fireworks, or other potentially dangerous or offensive merchandise. This includes “cap snappers”. Elbert County reserves the right to reject the services of any vendor.
Photos
Elbert County Fairgrounds may take photos of the County Fair and participants. These photos shall be the proper- ty of Elbert County and may be used by Elbert County for education or promotional materials. Any public display or photos or video of any Elbert County Fair event for public dissemination without express written consent from the Elbert County Fair is strictly prohibited.
Any submitted photos may be used for show advertisement. By submitting a photo, you agree to allow us to use your photo for advertisement purposes.
Sales Tax Collection
Vendors are responsible for payment of all sales, use, assessments and/or fees in compliance with Elbert County, the town of Kiowa and the State of Colorado. It is the vendors responsibility to collect all taxes. ALL vendors selling retail at the Elbert County Fair are required to have a Colorado Sales Tax License or a Special Events Sales Tax number as assigned by the Colorado Department of Revenue. All for profit vendors must include a 1.5% sales tax for the Town of Kiowa. Please include this figure when sending in your Colorado State
Sales Tax
Town of Kiowa Requirements
The Town of Kiowa requires ALL RETAIL AND FOOD VENDORS to obtain a Transient Dealer Business License. The application is enclosed in this packet with applicable fees and should be mailed with a separate check or payment can be completed online at: Town of Kiowa Special Event Vendor Permit
Payment Procedure
FULL PAYMENT is due with Vendor Application Packet. Elbert County accepts personal, business, cashier checks or money orders, there is an optional online payment that has a small fee associated for processing. Any checks returned by the bank for any reason will be assessed the actual return fees charged to Elbert County.