OLYMPIC AUTHORITY VENDOR TERMS AND CONDITIONS
For Growers, Agricultural Producers, Craft Beverage Producers, Artisans, and Homemade Product Vendors
APPROVED EVENT VENDORS. Participation in the Event is limited to bona fide growers, agricultural producers, wineries, breweries, cideries, distilleries, artisans, craftspersons, and producers of homemade goods, as well as other Vendors approved in writing by the Olympic Authority. Vendors may, on a limited basis, supplement their product line with additional New York State-only products, provided that the product is otherwise unavailable at the Event and the Event Manager has given prior written approval for the supplement.
Agricultural Products Vendors may sell agricultural or farm-produced products, including, but not limited to, locally grown fruits and vegetables; dairy products; meats; flowers; plants; honey and maple products; eggs; herbs; and New York State-produced wine, beer, cider, distilled spirits, and related products. Vendors must possess all licenses, permits, registrations, certificates, and other governmental authorizations applicable to the Vendor, its products, and its proposed activities at the Event. A Vendor offering alcoholic beverages must be a duly licensed winery, brewery, cidery, distillery, or other alcoholic-beverage manufacturer authorized to engage in the proposed activity and may offer only those products and activities authorized by its licenses, permits, and applicable law.
Craft Vendors may sell goods that they have handcrafted themselves.
Baking Vendors may sell products that they have baked themselves and must possess all licenses, permits, and registrations required by the New York State Department of Agriculture and Markets, the New York State Department of Health, or the applicable local health department.
Prepared Food Vendors may sell products only if they hold all applicable and current licenses and permits required under federal, New York State, and local law. These may include, but are not limited to, a Temporary Food Service Establishment Permit issued by the New York State Department of Health or the applicable local health department and, where applicable, a license or registration issued by the New York State Department of Agriculture and Markets.
Vendors must ensure that all required documentation remains current and valid throughout the Event and is displayed at the Vendor's booth or otherwise made immediately available for inspection, as required by law or the Olympic Authority. Each Vendor must also possess and display, as applicable, a valid New York State Certificate of Authority to collect sales tax.
Products or activities not specifically identified in a Vendor's approved application must receive the Event Manager's prior written approval.
WEATHER/CANCELLATION. The Event will proceed rain or shine. Vendors must be prepared for hot, cold, and wet weather. Vendors may bring small space heaters that do not require access to electricity, subject to the Olympic Authority's prior approval and all applicable fire and safety requirements. If the Event is cancelled for any reason, the Event Manager will make reasonable efforts to notify all registered Vendors promptly. If circumstances change and cancellation is no longer necessary, Vendors remain responsible for attending the Event as planned. Cancellation notices will be sent to Vendors by email and may also be posted on the Venue's website and social-media accounts. The Olympic Authority assumes no responsibility or liability for product spoilage, loss of income, loss of profits, or other damages incurred by a Vendor as a result of an Event cancellation.
VEHICLE TRAFFIC/LOAD-IN AND LOAD-OUT. After the Event begins, no Vendor vehicle traffic will be permitted within the Event area. A Vendor arriving after the scheduled start time must park in an authorized location and use its own cart or other approved means to transport materials to its assigned space. No Vendor vehicle may be driven on the access road after the scheduled start time without the Event Manager's express authorization. All Vendors must be fully set up and ready to sell their approved products before the Event begins.
TENT PLACEMENT AND SPACE USE. All products, equipment, and displays must remain within the Vendor's assigned space and may not exceed the footprint of the Vendor's tent area. All tents must be properly secured with appropriate tent weights. Vendors must supply their own equipment and materials, including tables, chairs, signs, and display items.
APPLICATION SUBMISSION. All Vendor applications must be submitted online through the Venue's official Event website. Submission of an application does not guarantee participation in the Event. All applications are subject to review and approval by the Olympic Authority. Only Vendors whose applications have been formally approved will be contacted by the Event Manager with further instructions and participation details. A Vendor may not offer any product, tasting, sampling, or other activity that was not disclosed in its application and approved in writing by the Olympic Authority.
LICENSING, PERMITS, AND REGULATORY APPROVALS. Upon acceptance and before participating in the Event, each Vendor must submit copies of all current licenses, permits, registrations, certificates, approvals, and other documentation required for the Vendor's products and proposed activities. These may include, but are not limited to:
- For a Prepared Food Vendor, a valid Temporary Food Service Establishment Permit issued by the New York State Department of Health or the applicable local health department and, where applicable, an Article 20-C Food Processing Establishment License or other license or registration issued by the New York State Department of Agriculture and Markets;
- For a Vendor offering alcoholic beverages, the applicable current manufacturer license issued by the New York State Liquor Authority; any license or registration required by the New York State Department of Agriculture and Markets; a current New York State Liquor Authority Marketing Permit authorizing off-site tastings and sales, when applicable; any one-time, tasting, farmers' market, transportation, or other permit applicable to the Vendor, the products, or the proposed activities; proof of any required event-specific notice to or approval from the New York State Liquor Authority; and any other federal, state, or local authorization required for the manufacture, transportation, display, sampling, or sale of alcoholic beverages; and
- Any additional documentation reasonably requested by the Olympic Authority to confirm the Vendor's compliance with applicable law and these Terms and Conditions.
The Vendor must immediately notify the Olympic Authority of the expiration, suspension, revocation, limitation, or other material change in any required license, permit, registration, insurance policy, or governmental authorization. The Olympic Authority may deny or revoke a Vendor's participation, prohibit a product or activity, or direct a Vendor to cease operations immediately if the Olympic Authority determines that the Vendor has not provided satisfactory evidence of compliance.
FARMERS' MARKET DESIGNATION. A Farmers' Market Designation is issued by the New York State Department of Agriculture and Markets to the market or Event sponsor and not to an individual Vendor. Accordingly, no Vendor may sell alcoholic beverages in reliance on a Farmers' Market Designation unless the Event has received the applicable designation and the Vendor possesses all licenses, permits, and other authorizations separately required for the Vendor and its proposed sales. Each applicable Vendor must timely provide the Olympic Authority with all information and documentation reasonably required to support the Event's designation application or continued eligibility. The Olympic Authority's receipt of a Farmers' Market Designation does not expand the privileges granted by a Vendor's license or permit and does not relieve the Vendor of any legal or regulatory obligation.
ALCOHOLIC-BEVERAGE TASTINGS AND SALES. No Vendor may transport, display, sample, serve, furnish, or sell alcoholic beverages at the Event without the Olympic Authority's prior written approval. An approved Vendor engaging in any such activity must:
- Comply with the New York Alcoholic Beverage Control Law, New York State Liquor Authority rules, permit conditions, and all other applicable federal, state, and local requirements;
- Conduct tastings and sales only within the location, dates, hours, product categories, quantities, and methods authorized by its licenses and permits and by the Olympic Authority;
- Ensure that all alcoholic beverages are transported to and from the Event in a legally authorized manner;
- Ensure that tastings are conducted only by the Vendor or its properly trained and authorized personnel, that samples remain under their supervision and control, and that no self-service of alcoholic beverages is permitted;
- Verify, by reviewing a valid government-issued photographic identification, that each person receiving, purchasing, or possessing an alcoholic-beverage sample or product is at least twenty-one (21) years of age;
- Refuse service or sale to any person who is under twenty-one (21) years of age, visibly intoxicated, disorderly, or otherwise prohibited from receiving alcoholic beverages;
- Limit samples to the type and quantity authorized by applicable law and the Vendor's licenses and permits;
- Make only those retail sales expressly authorized by applicable law and the Vendor's licenses and permits. Unless the Olympic Authority gives prior written approval and the Vendor provides proof of separate legal authority, sales are limited to properly sealed containers for off-premises consumption, and no alcoholic beverage may be sold by the glass or opened for consumption other than an authorized tasting sample; and
- Maintain all required licenses, permits, approvals, records, signs, and insurance throughout the Event and produce them immediately upon request by the Olympic Authority or a governmental authority.
The Vendor is solely responsible for its alcoholic-beverage operations and for the acts and omissions of its owners, employees, agents, contractors, and representatives. The Olympic Authority's approval of a Vendor or its activities is not a representation that the Vendor has satisfied any legal requirement.
INDEMNIFICATION AND HOLD HARMLESS. Vendor acknowledges and agrees to assume full responsibility for all risks associated with the performance of its obligations and activities at the Event. To the fullest extent permitted by law, Vendor shall defend, indemnify, and hold harmless the Olympic Authority, the State of New York, the New York State Department of Environmental Conservation, the record owner of the property on which the Event is held, and their respective officers, employees, agents, and representatives (collectively, the "Indemnified Parties") from and against all claims, demands, actions, liabilities, fines, penalties, damages, losses, costs, and expenses, including reasonable attorneys' fees and defense costs, arising out of or resulting from: (a) bodily injury, sickness, disease, or death; (b) damage to or destruction of property, including loss of use; (c) the manufacture, transportation, display, sampling, service, furnishing, sale, or consumption of any product, food, or alcoholic beverage; (d) any actual or alleged violation of law or any license, permit, or regulatory requirement; (e) any breach of these Terms and Conditions; or (f) any act, omission, negligence, or willful misconduct of Vendor or its owners, employees, agents, contractors, or representatives, except to the extent caused by the negligence or willful misconduct of an Indemnified Party. This provision survives the expiration or termination of the Vendor's participation in the Event.
VENDOR ASSUMPTION OF RISK. Vendor assumes all risk of loss, theft, damage, or injury arising from or relating to its participation in the Event, including risks involving the Vendor's property, products, personnel, contractors, representatives, customers, or invitees.
WORKERS' COMPENSATION AND DISABILITY BENEFITS INSURANCE. At the time of signing the Vendor agreement, and before performing any activity at the Event, Vendor must provide acceptable proof of workers' compensation and disability benefits insurance coverage compliant with New York State law or, if legally exempt, a valid Form CE-200, Certificate of Attestation of Exemption, issued through the New York State Workers' Compensation Board. Vendor must maintain any required coverage throughout its participation in the Event. Information concerning proof of coverage and exemptions is available at https://www.wcb.ny.gov/.
LIQUOR LIABILITY INSURANCE. Any Vendor that conducts an alcoholic-beverage tasting or otherwise samples, serves, sells, furnishes, or distributes alcoholic beverages at the Event must, at its own expense, obtain and maintain liquor liability insurance covering claims arising from the selling, serving, furnishing, distribution, or consumption of alcoholic beverages. Coverage must be written on an occurrence basis with limits of not less than $1,000,000 for each common cause and $2,000,000 in the aggregate. The coverage may be provided under a separate liquor liability policy or by endorsement to another liability policy, provided that it affords equivalent coverage and contains no exclusion that would defeat coverage for the Vendor's approved activities. Host liquor liability coverage alone is not sufficient.
The policy must name the Olympic Authority, the State of New York, the New York State Department of Environmental Conservation, the record owner of the property on which the Event is held, and their respective officers, employees, agents, and representatives as additional insureds for liability arising out of the Vendor's operations. Coverage for the additional insureds must be primary and noncontributory to any insurance maintained by an additional insured and must include a waiver of subrogation in favor of the additional insureds, to the extent commercially available. Before the Event, Vendor must provide the Olympic Authority with a certificate of insurance and copies of the applicable additional-insured, primary-and-noncontributory, and waiver-of-subrogation endorsements. The Vendor must promptly notify the Olympic Authority of any cancellation, nonrenewal, material reduction, or impairment of the required coverage. Receipt or approval of insurance documentation by the Olympic Authority does not waive or limit the Vendor's obligations or liability under these Terms and Conditions.
LOCATION DETERMINATION. Venue staff will determine Vendor locations on a first-come, first-served basis and in consideration of operational, safety, and Event needs. A Vendor should identify any special requirements in its application so that the Olympic Authority may consider them, but the Olympic Authority does not guarantee that it can accommodate any requested location or arrangement.
PETS. Vendors may not bring pets or other animals to the Event. This restriction does not apply to service animals as defined and permitted by applicable law. A copy of the Olympic Authority's Service Animal Policy may be found HERE.
FOOD SAFETY. The New York State Department of Agriculture and Markets 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 provided in Article 17 of the Agriculture and Markets Law. These requirements may apply to Vendors selling raw agricultural products, including produce and eggs, and processed or packaged foods, including baked goods and preserved foods. Vendors are responsible for determining and complying with all legal requirements applicable to their products and operations.
Additional information is available at https://agriculture.ny.gov/food-safety/food-safety-farmers-markets.
GOVERNING LAW. These Terms and Conditions and the Vendor's participation in the Event are governed by and construed in accordance with the substantive laws of the State of New York, without regard to conflict-of-laws principles. Any legal proceeding arising under or relating to these Terms and Conditions or the Vendor's participation in the Event must be brought exclusively in a court of competent jurisdiction located in the State of New York. The prevailing party in any such proceeding is entitled to recover its reasonable attorneys' fees and costs.
SELLING GUIDELINES
- All applicable federal, state, and local food-safety laws, regulations, guidance, and permit conditions must be followed at all times.
- Each Vendor must obtain and maintain all licenses, permits, registrations, certificates, approvals, and insurance required for its products and activities. Copies of applicable documentation must be provided to and kept on file by the Olympic Authority.
- Each Vendor must display a sign clearly identifying the Vendor's name and business location.
- Each Vendor is responsible for all equipment and supplies required for its booth. Displays must not obstruct customer walkways or create a hazard.
- Vendors providing samples or products that generate waste, including cups, utensils, rinds, or corn cobs, must provide suitable waste receptacles and dispose of all waste as directed by the Olympic Authority.
- Vendors must keep their Event spaces neat and free from obstacles, litter, and debris.
- Produce displayed for sale must be at least twelve (12) inches above the ground, except for heavy or oversized items for which elevated display is impracticable and otherwise permitted by applicable food-safety requirements.
- Vendors must conspicuously post prices. Prices must be determined independently by each Vendor. Agreements or coordination among Vendors concerning prices, price ranges, discounts, or other terms of sale are prohibited.
- Smoking, firearms, and the possession, service, sale, or consumption of alcoholic beverages are prohibited at the Event, except for alcoholic-beverage tastings and sealed-container sales expressly approved in writing by the Olympic Authority and conducted in strict compliance with the Vendor's licenses and permits, these Terms and Conditions, and applicable law. Alcoholic beverages purchased at the Event may not be opened or consumed at the Event. No person may bring or consume an alcoholic beverage at the Event other than a sample lawfully furnished as part of an approved tasting.
- Hawking, proselytizing, and amplified music are prohibited.
- All products offered for sale must be of good quality and condition. The Event Manager may direct a Vendor to remove any product that the Event Manager reasonably determines is inferior, unsafe, adulterated, misbranded, unlawful, or inconsistent with these Terms and Conditions. Failure to comply may result in immediate suspension or loss of Event privileges.
- Each Vendor must be directly involved in, or sufficiently knowledgeable about, the production of the produce or products being sold.
- Vendors are responsible for the acts and omissions of their owners, representatives, employees, agents, contractors, and invitees.
- By signing the Vendor agreement, Vendor authorizes the Olympic Authority to photograph or record the Vendor's booth and Event activities and to use the Vendor's name, approved logo, and images of its booth for the Olympic Authority's promotional and marketing purposes relating to the Event, without further compensation.