Name of Company Phone Address Fax City State Zip Address Agreement Authorized By (Please Print) Title

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1 THUNDER IN THE ROCKIES September 2 nd - September 5 th, 2016 Located at: Thunder Mountain Harley-Davidson /Thunder Mountain Amphitheatre 4250 Byrd Drive Loveland, CO VENDOR AND FOOD CONCESSIONAIRE APPLICATION AND AGREEMENT The undersigned, referred to as We or Exhibitor submit our application for the reservation of display space with Dream Machines Events Inc. (d/b/a Dream Machines Events Inc. ) for the event Thunder in the Rockies located at Thunder Mountain Harley-Davidson and Thunder Mountain Amphitheatre and may include other areas nearby (the area shall be collectively referred to as The Premises ) subject to the conditions and regulations detailed below. USE OF THE NAME THUNDER IN THE ROCKIES, its LOGO, OR ANY OTHER TRADEMARK OF Thunder in the Rockies, WITHOUT A WRITTEN LICENSE, IS STRICTLY PROHIBITED. Non-compliance will subject Exhibitor to removal from the venue. We agree to adhere to all exhibitor rules and regulations INCLUDING COMPLYING WITH THE PROVISIONS OF LIABILITY. Failure to comply with any part of this agreement will result in immediate closure of exhibitor s display and forfeiture of any and all monies paid. Exhibitor Information: Please fill out completely and legibly. Name of Company Phone Address Fax City State Zip Address Agreement Authorized By (Please Print) Title Signature of Authorizing Party Date (Signature acknowledges review and acceptance of terms of this agreement) TAX ID # SS # FEDERAL ID # The following item or items will be displayed and/or sold in the Exhibitor s Space(s): (Please include a photo or describe in detail the type of display, presentation and items to be sold). ONLY ITEMS LISTED FOR SALE ON THIS APPLICATION WILL BE ALLOWED (BE VERY SPECIFIC). PLEASE NOTE LICENSING RESTRICTIONS BELOW. DREAM MACHINES EVENTS INC. DOES NOT ALLOW ANY EXHIBITOR TO SOLICIT PATRONS FOR THE PURPOSE OF MAILING LIST COLLECTION OR SWEEPSTAKES PROMOTION. NO SALE OF FOOD OR BEVERAGES ALLOWED, INCLUDING WATER, WITHOUT A FOOD & BEVERAGE AGREEMENT. Page 1 of 6

2 ****ONE COMPANY ALLOWED PER VENDOR SPACE **** 2016 THUNDER IN THE ROCKIES RATE SCHEDULE GENERAL MERCHANDISE & FOOD VENDORS (CONCESSIONAIRE) SPACE RENTAL (CHECK ONE) FOOD VENDORS CHECK (2) IF YOU ARE PURCHASING BOTH RALLY DAY AND AMPHITHEATRE VENDING Size Rental Fee OR Corner Space Rental Fee (limited availability) 10 x10 $ $ x20 $ $1, x30 $1, $1, x20 $1, $2, x40 $2, $2, SEMI/TRAILER starts at $2, individually quoted, specify EXACT size needed ELECTRIC/POWER PLEASE SPECIFY IF YOU DO OR DO NOT REQUIRE POWER 24 HOUR POWER will NOT be provided for any vendors, including food vendors unless previous arrangements are made with Dream Machines Events Inc., You must receive a quote prior to submitting your Vendor Agreement and pay for power at the time you submit your Vendor Agreement. Power will run from 8AM- 10PM. Power may be sourced through a generator and could lose power at times. Dream Machines Events, Inc. is NOT responsible for vendor product loss due to power/generator loss of power. Use of your own generator is HIGHLY recommended and encouraged but are subject to noise restrictions. 1/120v/1 circuit service $100/4 Days Other service needed (we will contact you with an individual quote) Volts amps #plugs 24 Hr. Service (food vendor s only) Description I DO NOT require power $0 ADVERTISING/BANNERS/LOGO PLACEMENT Rally Program Book Ad/Coupon $ Web Listing & Link $ Amphitheatre banner (1) $ TOTAL: Custom event sponsorship opportunities are available. Please contact Ext 4405 for more information. FOR LAYOUT & LOAD-IN PURPOSES, PLEASE INDICATE WHAT WILL BE LOCATED IN YOUR BOOTH SPACE Tent(s) Trailer Semi Other (Please Explain) *Note: awnings, display racks, doors, ramps, trailer tongues, access areas and all display space must be within your assigned space.* Dream Machines Events Inc. will attempt to assign spaces in order of registration, giving those who registered first preferential locations. Final decisions regarding space assignments are at the sole discretion of Dream Machines Events Inc. Dream Machines Events, Inc., reserves the right to re-locate your space if your provided dimensions are incorrect or, you arrive after your allotted move-in time. PAYMENT A minimum 50% deposit of the total space fee is required with this Agreement to reserve your space. Deposits are non-refundable. The remaining 50% must be received by July 31, The fee for each week of non-payment past July 31, 2016, is $50 per week. Any applications received after July 31, 2016, must be paid in full at the time of registration. We accept check, money order, MasterCard, Visa, Discover, American Express and cash. You will not be assigned a space location until the deposit, Certificate of Insurance, and this Agreement, signed and completed in full, is received at the above address, and the Agreement is accepted by Dream Machines Events Inc., If you wish to use a credit card, please complete the information below. EARLY BIRD DISCOUNT FOR 2016 RALLY SAVE $50 ON YOUR TOTAL REGISTRATION FEE & HAVE FIRST RIGHT OF REFUSAL TO THE SPACE YOU HAD LAST YEAR, WHEN YOU PROVIDE YOUR COMPLETED REGISTRATION FORM, PROOF OF INSURANCE AND, PAYMENT IN FULL AT THE TIME OF REGISTRATION ON OR BEFORE JULY 01, 2016! CANCELLATIONS All cancellations must be in writing and are subject to all of the terms and conditions of this Agreement. NO refunds will be issued in the event of cancellation after July 31, Credit Card#: Expiration Date: Type of Card: CCV: Name on Card: Amount to Charge*: Billing Address: *Remaining balance will be charged to this card on July 31, 2016, unless another form of payment is arranged!* Page 2 of 6

3 ATTENTION VENDORS!! THERE IS A LOT OF INFORMATION IN THIS AGREEMENT AND IT IS YOUR RESPOSNSIBILITY TO READ IT THROUGHLY AND UNDERSTAND IT COMPLETELY PRIOR TO SIGNING. EQUIPMENT AND EQUIPMENT RENTAL Colorado can be very windy this time of year! Proper anchors are required to secure your tents as vendor space is on pavement and stakes are not permitted. Dream Machines Events Inc. requires tent weights and does not rent equipment. Your set-up WILL be inspected by the Loveland Fire Marshal and be required to comply with the minimum requirements of: 50lbs. per leg. Proper methods to secure your tent include: Water barrels (strongly recommended), sand bags, concrete blocks, proper ratchet straps. For water barrel rental or other rental needs (tents, tables, chairs, etc.), please call Flexx Productions at ELECTRIC/POWER RESTRICTIONS 1. Vendor booths will not be allowed to open until all Thunder in the Rockies charges have been paid and proper documentation provided. 2. Thunder in the Rockies personnel will install, maintain, and remove electrical service. 3. Vendors will be responsible for providing all necessary extension cords and power strips for their booth. 4. Electrical power for booths will be turned on at 8:00AM and turned off at 10:00PM daily. There is no 24 hour generator service available. If you are a food vendor and require 24 hour generator service, it is your responsibility to arrange and pay for such service in advance. If it is not arranged prior to the event, it will not be provided at the event. 5. Dream Machines Events Inc., and Thunder in the Rockies is not responsible for damages to lost product due to power failure, fluctuations/power spikes, and other equipment failure beyond ordinary control. It is your responsibility to have a backup power alternative. 6. Vendors that do NOT comply with the above will not be permitted to open with electrical service. 7. Electricity/Power must be requested at the time of submitting the vendor application or, it will not be provided at the event. 8. Generators must be quiet, non-smoking or leaking and are subject to noise restrictions. Dream Machines Events Inc., reserves the right to cease generator use should it not comply with the above stated requirements. Dream Machines Events Inc., is not responsible for providing backup power options should this occur. Dream Machines Events Inc., is not responsible for damaged product in the event your generator does not meet the necessary requirements. LICENSING RESTRICTIONS Exhibitor shall not sell any products that use the Thunder in the Rockies event logo, event title, or Thunder in the Rockies identification, variation of the event name, or any reference to the event. All event specific merchandise (i.e. t-shirts, etc.) MUST BE APPROVED and get a signature approval by Dream Machines Events Inc. upon vendor registration. Exhibitor warrants that it has full, non-restricted license to sell, display, and/or distribute all items which it intends to do so. Merchandise in violation of this restriction may be confiscated and exhibitor may be removed from The Premises. ACCEPTANCE This application becomes an Agreement when accepted by Dream Machines Events Inc. You will receive a confirmation copy of the Agreement along with any additional instructions that may be necessary. Also understand, this is not an exclusive vendor/concessionaire Agreement and Dream Machines, Inc. shall enter into other vendor/concessionaire Agreements with other parties. MOVE IN / MOVE OUT DATES AND HOURS Exhibitors will be allowed to set up space and/or displays on Thursday September 01, 2016, from 10:00AM-7:00 PM. Certain lots may be zone load in specific. Vendors will be notified of move in times on their Vendor Confirmation sent right before Rally. All exhibits must be in place by 7:00PM Thursday, September 01, You must be Rock-n-Roll Ready by 12:00PM Friday, September 02, 2016 when Rally opens to the General Public. No exhibits may be removed or dismantled before Monday, September 5, 2016 at 4:00PM. Any vendors who breaks down early will be subject to a $500 fine. All materials must be removed no later than 5:00PM Tuesday, September 06, No overnight camping will be permitted on TMHD premises, or its satellite premises, without prior permission at the time of registration from officials. EVENT TO BE HELD SEPT 2 nd SEPT 5 th, If an Exhibitor fails to adhere to the final set up schedule, fails to occupy the assigned space(s) by 7:00PM Thursday, September 01, 2016, fails to make prior written arrangements with Dream Machines Events Inc., or fails to comply in any other respect with the terms of this Agreement, Dream Machines Events Inc. shall have the right to reassign or permit others to utilize the assigned space(s) or any part thereof, and remove Exhibitor from The Premises. Any space not occupied by the time set for completion of set-up may be reassigned by Dream Machines Events Inc. and all fees paid by Exhibitor shall be forfeited unless prior arrangements have been made in writing with Dream Machines Events Inc. RALLY HOURS Friday, September 2 nd 12:00PM 2:00AM Saturday, September 3 rd 10:00AM 2:00AM Sunday, September 4 th 10:00AM 2:00AM Monday, September 5 th 10:00AM 4:00PM Core vending hours are usually when Rally opens until 8:00PM except Monday, which ends at 4:00PM. You are welcome to vend as late as you like. Friday, Saturday and Sunday vendor shopping usually decreases at 8:00PM due to the concert playing that evening. Page 3 of 6

4 STANDARD EXHIBITS & ARRANGEMENTS Exhibits shall be so arranged as to not obstruct the general view or site lines nor hide or prejudice the exhibits of others. Information regarding rental of tents, tables, chairs, etc. will be included in your registration packets. Electrical power is not included in this Agreement. All electrical overloads are the Exhibitor s responsibility. Any resets or repairs will be charged to the Exhibitor at the electrician-on-site s rate. Information regarding rentals and utilities will be included in the exhibitor confirmation packet. SOUND SYSTEMS No separate sound systems are permitted unless prior written approval is received from Dream Machines Events Inc. INSURANCE / RISK OF LOSS Exhibitor warrants and represents to Dream Machines Events Inc., that it is insured at all times of this event and will be insured by a licensed insurance company authorized to do business in the State of Colorado for liability in a minimum amount of $1,000,000 per occurrence and that such insurance will be in full force and effect at all times of the event. Exhibitor agrees and acknowledges that all risk of loss relating to any of Exhibitor s equipment, displays, or merchandise shall be borne by Exhibitor and not by Dream Machines Events Inc., Thunder in the Rockies, Thunder Mountain Harley-Davidson, or Thunder Mountain Amphitheatre, regardless of whether the loss is caused by weather, fire, theft, or other causes. FIRE, SAFETY & HEALTH REGULATIONS Exhibitor agrees to comply with local, city, and state laws, ordinances, and regulations covering fire, safety, health, and all other matters. All exhibit equipment and materials will be reasonably located within the space and protected by safety guards when appropriate. OPERATION Exhibitors will keep their exhibit open and staffed at all times during the event hours. Dream Machines Events Inc., reserves the right to restrict exhibit to a maximum noise level and to suitable methods of operation and display of materials. Exhibitors will not be allowed to "vend" from racks and/or tables that are not located completely within the rented space. If for any reason an exhibit or its contents is deemed objectionable, the exhibit will be subject to removal. Objectionable includes but is not limited to: persons, things, conduct, printed matter, or any item of poor character that Dream Machines Events Inc., in its sole discretion, considers objectionable. In the event such an eviction or restriction occurs, all monies paid by Exhibitor shall be forfeited. Each exhibit must remain within the confines of its space(s). Attendants, models, and other employees must confine their activities to the space(s) occupied by the Exhibitor. Approved handouts, including literature and souvenir items, and any and all promotional materials, can be distributed only from the Exhibitor's space. Literature and/or other promotional materials cannot be handed out, left for display, or otherwise distributed in any other area at any time without prior written permission from Dream Machines Events Inc. No solicitation of any sort shall be conducted outside of Exhibitor s space. Absolutely no aggressive sales tactics or deterring customers from other vendor spaces will be tolerated. WEBSITE Exhibitor agrees to place a functioning link on Exhibitor s web site to the Thunder in the Rockies web site if Exhibitor maintains a website. Web links must remain until the morning of September 06th, Graphic image and code language relating to this link will be provided by Dream Machines Events Inc. NO SUBLETTING OR ASSIGNMENT No subletting, assignment, or subdividing of space by any Exhibitor shall be permitted without the prior written permission of Dream Machines Events Inc., NO EXCEPTIONS. Subletting will be subject to a fine the total cost of your booth rental. NOISE Our rally has a lot of activity during all hours of the day and night. Some of this activity can be loud or draw large crowds. We strive to keep the vendors close to the action and crowds for optimal results, so please be prepared for loud conditions. We also ask that you respect other vendors and no loud music or, aggressive, loud sales soliciting is allowed. We want to ensure each Vendor has a successful opportunity at Rally. PARKING & VENDOR PASSES Parking on-site is very limited, particularly for non-bike vehicles. On-site cars, trucks, trailers and RV parking on-site is limited to 1 parking pass per vendor. Please plan accordingly. NO overnight camping allowed unless prior written authorization is obtained from Dream Machine Event Personnel. Should additional Vendor Parking passes be required, written notice with the exact amount of required passes must be submitted to Dream Machine Events along with your Vendor Agreement. Each additional pass will cost $ Please understand, we cannot guarantee approval of your request based upon the limited amount of on-site parking. There is a free shuttle that can transport your employees etc. to and from the event. LIABILITY Neither Dream Machines Events Inc., Thunder in the Rockies, Thunder Mountain Harley-Davidson, Thunder Mountain Amphitheatre, nor any sponsor associated with the event, their officers, directors, agents, and employees ( Releasees ) are responsible for any injury, loss, or damage from or to any Exhibitor, its staff, or property. Exhibitor, upon execution of this Agreement, expressly releases the Releasees from any and all claims for loss, damage, or injury and agrees to indemnify Releasees against such claims. To prevent lost or stolen articles, all items must be securely fastened to display boards or locked up when space is unattended. Limited overnight security will be provided at all times, but Releasees shall not be held responsible for the Exhibitor s merchandise. All Exhibitors are responsible for proper protection of their merchandise. Any and all restrictions enforced or imposed by Releasees must be observed by Exhibitor. Page 4 of 6

5 The parties expressly acknowledge and agree that no employer-employee relationship exists between Exhibitor and Releasees and that Exhibitor is acting as an independent Agreement or at all times material hereto. Exhibitor shall, at its own expense, procure and maintain in effect during the event, commencing with the time Exhibitor enters the Premises to set up operations and ending with the time the Exhibitor dismantles and removes all material from the Premises, General Liability insurance including Products Liability, $1,000,000 per occurrence, Auto Liability Insurance $1,000,000 per occurrence, and Statutory Workmen's Compensation insurance coverage. Exhibitor must name Dream Machines Events Inc., Thunder in the Rockies, Thunder Mountain Harley-Davidson, Thunder Mountain Amphitheatre, and their directors, officers, employees, and agents, The Releasees as additional insureds. The Releasees liability is limited to items expressly assumed herein. In no event shall Releasees liability exceed the amount of rental agreed hereunder. UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES OR EXPENSES. THE RELEASEES SHALL NOT BE SUBJECT TO ANY LIABILITY OR OBLIGATION NOT EXPRESSLY ASSUMED HEREIN, WHETHER ARISING OUT OF BREACH OF AGREEMENT, WARRANTY, TORT, OR OTHER THEORIES OF LAW, AND EXHIBITOR WARRANTS AND AGREES TO INDEMNIFY RELEASEES FROM SUCH LIABILITY AND SUCH INDEMNITY SHALL INCLUDE INDEMNIFICATION FROM CLAIMS BY EXHIBITORS EMPLOYEES OR AGENTS. If for any reason the event is not held, Exhibitor's deposit and fees will be refunded in their entirety, except for any cost already incurred on behalf of the Exhibitor. The event will not be cancelled because of weather; therefore, no refunds will be given as a result. Exhibitors are responsible for protecting themselves and/or their property against the weather. EXHIBITOR SHALL BE RESPONSIBLE FOR THE COLLECTION OF ALL APPLICABLE COLORADO SALES AND USE TAX AND ITS SUBSEQUENT REPORTING AND DISBURSEMENT TO THE COLORADO DEPARTMENT OF REVENUE. EXHIBITOR SHALL BE RESPONSIBLE FOR THE PAYMENT OF ALL PERMIT AND LICENSE FEES. CONSTRUCTION, VENUE, SEVERABILITY This Agreement shall be governed by and construed in all respects by the laws of the State of Colorado. The parties hereto agree that the only proper venue for any cause of action arising hereunder shall be in the state courts of the State of Colorado and Exhibitor hereby consents to the jurisdiction of such courts. In the event that any provision of this Agreement is declared void or unenforceable by any competent legislative or judicial authority, said declaration shall not affect the enforceability of any other provision, it being the intent of the parties that this Agreement shall be severable and applied as if such void or unenforceable provision had not been included herein. This agreement constitutes the entire agreement between Exhibitor and Dream Machines Events Inc., in respect to the subject matter of this agreement and supersedes all prior agreements. Company Signature Date Print Name FOR OFFICE USE ONLY: Date Received Deposit $ Balance $ Payment $ Balance $ Space Assignment Confirmation Sent Notes If you are a Food Vendor/Concessionaire You are required to fill out the form following this Agreement titled FOR CONCESSION FOOD SERVICES ONLY Please mail or PDF this COMPLETED FORM, Certificate of Liability Insurance, and payment made payable to: Dream Machines Events Inc. Attn: Marketing 4250 Byrd Drive Loveland, CO Phone (970) Fax (970) marketing@thunderintherockies.com Page 5 of 6

6 FOR CONCESSION FOOD SERVICES ONLY In addition to completing the above Vendor/Concessionaire Agreement, the Concessionaire agrees to the following terms/conditions. PERMITS/REQUIRED DOCUMENTATION Concessionaire is responsible for obtaining all licenses, permits, health certificates, items required by governmental agencies required to operate lawfully. A copy of all required documentation shall be provided with the Vendor/Concessionaire Agreement. Failure to present such documentation will result is delaying your application process/acceptance. For required Health Department forms, please contact: Jason Eisenbach Environmental Health Specialist Larimer County Department of Public Health & Environment 1525 Blue Spruce Dr., Fort Collins, CO SANITATION Concessionaire is responsible for proper disposal of grease or cooking oil. Failure to dispose of properly as required by the Health Department may result in a fine and or, expulsion from the event and jeopardize any future invitations. Area surrounding Food Trucks and or Food Carts, including tables and chairs, must be kept clean at all times by the Concessionaire and it s provided Staff. It is the Concessionaires responsibility to have proper disposal receptacles as the ones provided by Dream Machines Events Inc.,., are for attendee use and minimal vendor/concessionaire use. SIGNS Concessionaire will provide their own signage that must be professional in appearance and, Concessionaire must post the name, address, and telephone number of the owner/operator permittee or business. PICTURE OF FOOD TRUCK/FOOD CART AND DISPLAY Concessionaire must provide a photo of the Food Truck and or Food Cart and, surroundings to accurately depict your setup. MENU Concessionaire will provide Dream Machines Events Inc., with a full menu and prices at least 3 weeks prior to Thunder in the Rockies. The menu cannot be changed after approval. The Concessionaire cannot sell water or soda for less than the House and, selling of any alcoholic beverages is strictly prohibited as Dream Machine Events, Inc., holds all rights to all alcoholic beverage sales. We reserve the right to dictate soda and water pricing and, may require certain soda brands to be sold on premises. Concessionaire may purchase water and soda from Dream Machine Events, Inc. if supplies are available but, not guaranteed. Concessionaire may purchase ice from the bar during Thunder in the Rockies while supplies last. (Ex. 20lb bag of ice for $5.00) CHANGE Concessionaire is responsible for providing your Food Truck or Food Cart with the required change throughout Thunder in the Rockies as Dream Machine Events, Inc., will not provide change. Concessionaire agrees to adhere to all Concessionaire rules and regulations. Failure to comply with any part of this agreement will result in immediate closure of exhibitor s display and forfeiture of any and all monies paid. VENDING OPPORTUNITY Concessionaire has the opportunity to vend during the day and, pay for an additional space including additional power if needed in the event you would like to vend in the Amphitheatre in the evening. If vending both Day Rally and Amphitheatre, the Concessionaire will receive a $ Discount on total Vending Space not including power costs. Please specify below and, in the section titled SPACE RENTAL of the Vendor Agreement, if you are securing one or two vending spots. Please indicate below if you are doing Day Rally Only (Typically 10:00am 8:00pm), Amphitheatre Only (during concerts Friday, Saturday and Sunday evenings) or Both Day Rally & Amphitheatre times. (Check both Day and Amphitheatre) Day Rally Vending Spot YES Require Power YES or, NO (Circle One) Amphitheatre Vending Spot YES Require Power YES or, NO (Circle One) Food Truck Owner Name: Vendor Name: Owner Signature: Food Truck Operator Name (if different than owner): Owner Signature: Vendor Phone Number: Page 6 of 6