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2019 TOWN OF AVON SPECIAL EVENT AGREEMENT
FOR
CIRCUS BELLA KALEIDOSCOPE
Presented by Circus Colorado
THIS AGREEMENT (“ Agreement” )is made and entered into on May 21,2019,by and
between the Town of Avon (“ Avon ”),a Colorado home rule municipality,and Success Resources
Unlimited,Inc.dba Get Connected Events,a Colorado corporation,(“ Producer” )(individually
referred to as a “ Party ” and collectively referred to as the “ Parties ”).
In consideration of the mutual promises and agreements herein contained and for other good and
valuable consideration,and on behalf of themselves,their successors and assigns,the parties
hereto agree as follows:
RECITALS
WHEREAS, the Producer filed a 2019 Special Event Application (“ 2019 Producer
Application ”) , for producing the Circus Colorado presents Circus Bella Kaleidoscope (“Event”) ;
WHEREAS,the Avon Ad Hoc Special Events Committee reviewed the 2019 Producer
Application ,and recommended dates and/or funding for the Event to the Avon Town Council,
which were approved by the Avon Town Council by Resolution 1823; and
NOW,THEREFORE ,for good and valuable consideration,including the mutual promises
contained herein,the sufficiency of which is acknowledged and accepted by the Parties,the
Parties agree as follows:
TERMS AND CONDITIONS:
1.SPECIAL EVENT PERMIT. Execution of this Agreement shall constitute issuance of a
Special Event Permit.Avon waives the $100 application fee pursuant to Avon Municipal
Code Section 9.40.
A.The Premises for the Event as described in Exhibit A: Description of Premises .
B.This Permit grants Producer the right,and imposes the duty,to use the Premises as
defined in this Agreement for the purpose of producing the Event,as is more specifically
described in Exhibit B:Event Description ,subject to compliance with the terms and
conditions of this Agreement.The dates and hours of use of the Premises are described
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in Exhibit B: Event Description .
C.The Special Event Manager (“ Event Manager ”)for the Town of Avon is Preston Neill,
Deputy Town Manager,who shall be the primary contact for Avon.All references to the
Event Manager in this Agreement may also include the Event Manager ’s designee(s).
Avon’s chain of command shall be provided by the Event Manager to the Producer within
ten (10)business days of execution of this Agreement.The Event Manager has the
authority to reduce any stated minimum timeframe for receipt of documents or Event
plans.
D.Producer shall provide to the Event Manager the Producer’s chain of command within ten
(10) business days of execution of this Agreement.
E.Producer may request,as a result of weather,unforeseen circumstances or catastrophic
events,a change to any stated time in this Agreement and/or a change to the Premises,
which request shall be subject to written approval by Event Manager in Event Manager ’s
sole discretion.
2.PREMISES INSPECTION & USAGE.
A.PreEvent Inspection. Producer and the Event Manager shall jointly perform and
document a preEvent inspection of the Premises not later than Tuesday,August 13,
2019 before the Premises are released to Producer.Producer,by attending the
preEvent inspection,verifies that the Avon Performance Pavilion Technical
Specifications ,provided in the Producer Toolkit,have been reviewed,are understood,
and will be followed as presented.Producer acknowledges and agrees that Avon is
permitting Producer to use the Premises,including the Avon Pavilion,in its “as is”
condition and that Avon shall be under no obligation to replace,upgrade or otherwise
modify the facilities.
B.Premises Usage. The following guidelines shall be observed for usage of the
Premises:
(1)Producer shall not install,place,inscribe,paint or otherwise attach and shall not
permit any banner,sign,advertisement,notice,marquis,or awning on or within
the Pavilion, without the prior review and consent of Avon in each instance.
(2)Producer shall,at its own expense,provide and maintain in firstclass condition
all permitted signs and shall,upon the expiration of this Agreement,at its own
expense,remove all such permitted signs and repair any damage caused by such
installation and/or removal.Avon shall have the right to remove all
nonpermitted signs without notice to Producer, at the expense of the Producer.
(3)Producer will respect and utilize Premises improvement locates and stakes shall
not be driven into the ground along any pathways,athletic fields,parking lots or
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grassy areas with underground sprinkler systems without prior permission from
the Town Manager.
(4)Producer shall not make alterations,additions or improvements on or to the
Pavilion without the prior written consent of Avon,to include,but not limited to
tenting,catering equipment and portable facilities.All such work shall be
performed in a good and workmanlike manner.
(5)By order of the Eagle River Fire Protection District,Producer will ensure that
NO THEATRICAL SMOKE,without approval,is blown on the Pavilion and
NO PYROTECHNICS OF ANY SORT are to be detonated.Decorative open
flame,fire pits,patio style heaters and/or fire performers are only permissible if
permitted through and approved by Eagle River Fire Protection District.
Cooking of any sort by hot plate,open flame,grill,etc.is not allowed in the
Green Room (including restroom).
(6)To the extent licensed personnel,such as electricians,medical,emergency
response or health officials,are required to conduct certain services or
inspections, Producer shall abide by these local and State requirements.
(7)Producer agrees to make every effort to retain volunteers and paid staff from
qualified persons residing in Avon or Eagle County.
C.PostEvent Inspection. Producer and the Event Manager shall jointly perform and
document a postevent inspection of the Premises not later than Tuesday,August
20,2019 before the Premises are returned to Avon.Producer shall notify the Event
Manager of any problems or damage that may have occurred during the Event
during the postevent inspection.Producer shall be liable for any damage to the
Premises and any adjacent Town Property caused by the installation or removal of
any alteration,addition or improvement.Avon may take action to repair and restore
any damage caused by Producer and Producer shall be liable for such costs,
including reasonable attorneys’ fees and costs to enforce this Agreement.
3.SECURITY SERVICES. Producer shall assure the Event will be operated in a safe and
secure manner and provide for all security needs for the Event.Due to the nature of the
Event,the Event staff and Producer will manage basic security and will call 911 in case of
an emergency.
4.SANITATION &RESOURCE RECOVERY. Producer shall provide for the sanitation
facilities,resource recovery (composing and recycling)cleanliness and cleaning needs of
the Event.Contracts for services with the Producer ’s sanitation and recovery agencies shall
be provided to the Event Manager fortyfive (45)days prior to the first date of the Event.
Contract services shall cover refuse management,recycling,composting,portable
restrooms,grounds and Pavilion cleaning and all parking lots included in the defined
Premises.Avon shall review the contracts for service (generally within fifteen (15)
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business days of receipt)and shall provide notice the Producer of any concerns.The onsite
Avon dumpster will be available to Producer for regular event related trash.The onsite
park restrooms will be available during the operating hours of the event for public use.
5.MEDICAL AND EMERGENCY RESPONSE SERVICES. Producer shall assure the
Event shall provide for onsite medical and emergency needs and response requirements of
the Event,unless waived by the Event Manager.Contracts for services with the Producer ’s
emergency response agencies shall be provided to the Event Manager fortyfive (45)days
prior to the first date of the Event.Contracts must be able to address onsite response for
attendees who are experiencing heat exhaustion,dehydration,severe intoxication and/or are
under the influence of drugs,are injured on site or any other medical need.The Event
Manager shall review the contract(s)for service (generally within fifteen (15)business
days of receipt)and provide notice to the Producer of any concerns.Due to the timeframe
of the performances (less than 2 hours),onsite medical personnel is not required.In the
case of a medical emergency, event staff will call 911.
6.PARKING.Additional parking lots will not be secured for this event as the current public
parking available is sufficient for the crowd size.
7.AMPLIFIED SOUND.Producer shall abide by the following requirements for amplified
sound:
A.Sound Checks: Sound Checks may occur within 4 hours of the start of the
performance.
B.Performance Times:Dates and times of all performances and/or announcements will
be listed.
C.Sound Volume: Producer agrees the volume for any sound check and during
performance times will be moderated to achieve the sound quality needed for the
Event and shall be considerate of the surrounding neighborhoods.The Event
Manager has the authority to require the volume to be reduced at any time during the
Event.
D.Sound Penalty: Producer acknowledges and agrees that strict adherence to the sound
check and performance times approved in the Sound Permit and are a material term of
this Agreement.Producer shall pay a penalty of one hundred dollars ($100.00)per
minute for music,public address announcements,sound check,or any other amplified
sound that occurs before or after any time period in which amplified sound is
permitted or which occurs after the Event Manager has required the volume to be
reduced . Producer acknowledges and agrees to pay the sound penalty assessed,by
not later than 5:00 p.m.,three business (3)days after the last day of the Event.
Payment will be received prior to release of the Event’s final payment in accordance
with Section 11.A.(3), if applicable .
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8.VENDOR LICENSING &SALES TAXES. Producer shall provide a list of vendors to
the Event Manager by not later thirty (30)business days prior to the first day of the Event
and shall update the list of vendors up to the date of the Event and shall follow up after
each Event to verify what vendors were in attendance for sale tax purposes.The list shall
include:All vendors,sponsors and nonprofits,engaged in selling food,beverage,
merchandise,wares,admissions,etc.during the Event.The vendor list will include:The
business names/dba,physical address,mailing address,phone number,email address,
contact,and type of activity. Producer shall register for a Sales Tax License with Avon;
there is not a fee assessed for this license.Producer acknowledges and shall abide by
Avon’s Prohibition of Marijuana Businesses at Town Owned Venues for Town of Avon
Permitted or Sponsored Festivals and Special Events ,which can be found in the Producer
Toolkit .
9.SPECIAL EVENT LIQUOR PERMIT. Producer shall be solely responsible for
identifying a local nonprofit to acquire a Special Event Liquor Permit for the Event and is
asked to consider one or more of the local nonprofits as the Liquor Permit applicant.
Application for the Liquor Permit and all insurance and indemnification requirements
pursuant to Avon Municipal Code Section 5.08.170 shall be the responsibility of Producer
and the designated nonprofit.
10.MARKETING.
A.Producer Responsibility.Producer shall implement the Marketing Plan,which was
provided in the 2019 Producer Application,reviewed,edited,and approved by Avon
is attached to this Agreement as Exhibit C:Marketing Plan .Producer agrees to
provide Avon,by not later than sixty (60)days after the Event,not fewer than five (5)
professional quality reproducible photographs and not less than ninety (90)seconds
of edited video from the 2019 Event for use by Avon in any and all Avon marketing
and or promotions,which may include,but is not limited to print,web,social
channels, etc.
B.Avon Responsibility.
(1)Avon will post on its website,content,provided from the Producer,within five
(5)business days after receipt of “posting ready”materials from the Producer.
Content may include a highresolution Event logo and up to five (5)
professional quality reproducible photographs and edited video,not to exceed
ninety (90) seconds.
(2)Avon shall disseminate Producer prepared press releases and Facebook postings,
as soon as possible, once received from the Producer.
(3)Avon will post the Event in its “all 2019 events”website postings and press
releases.
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(4)In addition to the “Exempt Admissions”authorized by Resolution 1508 ,Avon
will make available up to three hundred (300)additional “Exempt”singleday
admissions (Complimentary Media)to the Producer specifically for marketing
purposes.Producer requests the exempt admissions for marketing and town
requests be increased from 300 to 500 total.
11.AVON CASH AND INKIND SERVICES.
A.Payment Schedule. Cash funding of $34,300.00 was appropriated by the Avon
Town Council to support the Event. Funds will be released as follows:
(1)Fifty percent (50%)within thirty (30)days of execution of this Agreement by
both Parties.
(2)Thirty percent (30%)within thirty (30)days of receipt of contracts,invoices and
receipts for expenses incurred, including Producer ’s profit.
(3)Twenty percent (20%)after postEVENT inspection,completion of afterEvent
staff review meetings, and receipt and approval of PostEvent Survey.
B.InKind Support.Avon shall provide inkind support to Producer as shown in
Exhibit D:Avon InKind Support ,in an amount not to exceed $2,000.The Event
Manager shall track the inkind expenses and notify the Producer at any time the
award level is being approached.
12.AVON BENEFITS AS A SPONSOR.
A.Complimentary Advertising.Producer shall provide a complete list of sponsor
benefits at a level commensurate to other Event sponsors and list of fulfillment
benefits,which Avon shall receive within fortyfive (45)days of execution of this
Agreement.Should Avon be entitled to complimentary advertising,photography or
other media exposure in any of the Event program or other informational materials,
Producer shall provide Avon all production specifications and deadlines a minimum
of sixty (60)days in advance of the publication.The Presenting Sponsor benefits are
defined in the Sponsor Package.
B.Complimentary Admissions.Producer shall provide complimentary admission for
the following attendees:
(1)Avon staff providing services,inkind and/or paid,as approved by the Event
Manager.
(2)Transferable VIP Full Passes for the Avon Town Council,plus one guest for
each of the aforementioned, for a total of fourteen (14) VIP passes.
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(3)Transferable general admission passes for the Ad Hoc Special Events
Committee, plus one guest for a total not to exceed twenty (20) passes.
(4)Transferable general admission passes for Avon,plus one guest for a total of
twelve (12) passes to be administered at Event Manager’s discretion.
(5)VIP All Access Pass Admission and credential (if applicable)for the Event
Manager and five (5) additional Avon employees.
13.SURVEY. Producer shall conduct a postEvent online survey.The survey instrument
questions and final report shall be provided to Avon within thirty (30)days of the last day
of the Event.Avon shall retain and have nonexclusive ownership of the data and survey
results provided by Producer.
14.POST EVENT REVIEWS. The Event Manager and Producer,and respective key staff
and other Avon representatives,shall meet on Monday,August 19,2019,at 2:00pm,in the
Avon Town Hall to review the Event.The meeting date may be changed with agreement
by the Parties. The Producer shall meet with the Ad Hoc Special Events Committee on
Tuesday, August 20, 2019, at 12:00pm.
15.DAMAGE DEPOSIT. N/A.
16.AVON TRADEMARKS. Avon’s symbols,logos,graphics,fonts and colors,including
such marks associated with the Event (collectively referred to as “ Marks ”),are set forth in
Exhibit E:Avon’s Marks .Avon’s Marks are and shall remain the sole and exclusive
property of Avon.Producer shall not hold itself out as having any ownership rights with
respect to Avon’s Marks or,except as may be specifically granted hereunder,any other
rights herein.Any and all goodwill associated with any such rights shall inure directly and
exclusively to the benefit of Avon.Subject to the terms and conditions of this Agreement,
Avon hereby grants to Producer a nonexclusive,nontransferable,revocable and limited
license to reproduce Avon’s Marks in connection with (1)the Events; and,(2)carrying out
any other Producer obligations under this Agreement.Except as expressly permitted
hereunder,Producer hereby covenants and agrees that it will make no use of Avon’s Marks.
Producer shall have no right to sublicense its rights under this license.Producer ’s use of
Avon’s Marks shall be strictly subject to the prior written approval of the Event Manager,
which approval may be granted or withheld in Event Manager ’s discretion.
Notwithstanding any provisions hereof to the contrary,prior to the printing or reproduction
of any Avon Marks pursuant to this Agreement,Producer shall provide Avon with samples
of all such materials for Avon’s review and approval or disapproval.Any trademarks,
logos or other intellectual property developed by Avon or by Producer in connection with
Avon’s Events services provided hereunder shall be the property of Avon.
17.MORALITY CLAUSE.Producer acknowledges that Avon’s image is of immeasurable
value to the Avon community.If at any time the Producer,its performers or artists,or the
subcontractors hired to serve or support the event,has an incident,occurrence or public
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disclosure concerning a statement or action that tends to shock,insult or offend the Avon
community or public morals or decency,including but not limited matters involving
discrimination,sexual harassment,or alleged felony acts,which Avon perceives as
reflecting negatively on Avon’s image,then Avon may restrict Producer from using such
performer,artist or subcontractor,or in the case of a matter involving the Producer,Avon
may demand assignment of the Event to another producer or may elect to deem such
occurrence by Producer as a material breach of this Agreement and may elect to cancel the
Event in accordance with Section 21.Event Cancellation after providing notice and
opportunity for cure.
18.INDEMNIFICATION. Producer agrees to indemnify Avon,its elected officials,officers,
agents,volunteers and employees,and defend and hold them harmless against any and all
claims,actions,demands,losses or liabilities,including attorney fees and court costs,for
injury,death,damage or loss to person(s)or property arising out of or directly or indirectly
resulting from Producer’s actions or omissions,and/or anyone directly or indirectly
employed by Producer or anyone for whose acts Producer,in connection with the conduct
of the Event and/or arising out of the performance of this Agreement.
19.INSURANCE. Producer shall obtain general liability insurance coverage within the
minimum limits set below naming Avon as an additional insured and insuring Avon and its
officers,agents and employees against any and all liability and damages which may arise
out of or directly or indirectly result from the conduct of the Event.The policy dates shall
include the entire range of dates for which Avon property is used.The minimum limits and
requirements of the coverage for less than 1,000 in attendance shall include:$1,000,000 per
occurrence primary coverage,and $2,000,000 annual aggregate; 30 days’written notice of
cancellation; host and general liquor liability insurance in the same amounts listed above if
applicable; $1,000,000 personal and advertising injury coverage; and $50,000 fire damage.
For attendance greater than 1,000, the requirements are as follows:
Producer shall provide to Avon proof of Comprehensive Automobile Liability insurance for any
private motor vehicles owned by Producer or its officers,agents,or employees that are used
as part of the Event.The insurance policy shall provide that it is primary insurance and
that its coverage will apply prior to utilization of Avon’s general liability coverage.
Producer shall provide written evidence of all insurance coverage required in this Section
to the Event Manager no later than thirty (30)days prior to the first day of the Event.All
required insurance policies shall be noncancellable without thirty (30)days prior written
notice to Avon.Producer shall not be relieved of any liability,claims,demands,or other
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obligations assumed pursuant to this Section of this Agreement by reason of its failure to
procure or maintain insurance or by reason of its failure to procure or maintain insurance in
sufficient amounts,duration,or types.All subcontractors of Producer shall be required to
list the Avon,its elected officials,officers and employees as additional insured and provide
the appropriate certificate of insurance to Avon upon request.
20.RELEASE OF LIABILITY.Avon assumes no responsibility whatsoever for any
nonmunicipal property placed in said Premises.Producer hereby expressly releases
discharges Avon from any and all liabilities for any loss,injury or damages to any person
or property of Producer,its employees,agents,concessionaires,performer,attendee,
spectator or other invitee that may be sustained by reason of the occupancy of the Premises
under this Agreement,except for the negligent acts of Avon or its officers,agents,
employees.In the event the Premises or any part thereof is damaged by fire or other
natural causes or if for any other reason,including strikes,failure of utilities,which results
in cancellation of the Event,or which in the judgment of the Event Manager,renders the
fulfillment of this Agreement by Avon impossible,Producer hereby expressly releases and
discharges Avon and its officers,agents and employees from any and all demands,claims,
liabilities, and causes of actions arising from any of the causes aforesaid.
21.EVENT CANCELLATION. The Event Manager may cancel the Event if material terms
of this Agreement are not substantially fulfilled in a timely manner which is foreseen to
result in an event which may compromise public safety or which will negatively impact the
reputation of t Avon,or in the event of an unforeseen force majeure event.Should Avon
deem any term or terms of this Agreement unfulfilled or in material breach,Avon shall give
Producer written notice and Producer shall have five (5)business days (or such longer time
as mutually agreed by the Parties)to cure such breach.Should Producer cure,this
Agreement shall continue in full force and effect.If Producer cancels the Event,or if the
Producer is not able to cure and Avon elects to terminate the Event,then all funds provided
by Avon for the Event shall be returned in full.Any funds not returned to and received by
Avon shall bear interest at the rate set forth in Avon Municipal Code Chapter 3.32 –
Interest on Past Due Accounts .Neither Party shall be liable to the other for any lost
profits,lost revenues,consequential or special damages as a result of cancellation.If Avon
and Producer mutually agree in writing to cancel the Event and reschedule the Event for
later dates to occur within 14 months of the originally scheduled dates,then this Agreement
shall remain in full effect for the rescheduled dates and Producer shall not be obligated to
return funds provided by Avon provided that Producer performs in full to produce the
Event on the rescheduled dates.
22.MUNICIPAL ADDENDUM.This Agreement is subject to the Municipal Addendum
attached here to as Addendum A and made part of this Agreement,the terms of which shall
apply and supersede any conflicting term in the body of this Agreement.
23.NOTICES. Any notice to either Party under this Agreement shall be in writing and shall
be sent to the addresses designated below.Notices by email shall be deemed received
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when acknowledged by the recipient.
Producer:
Gina Hallisey, Event Producer
Get Connected Events
P.O. Box 1132
Arvada, CO 80001
3037266111
gina@getconnectedevents.com
Avon:
Preston Neill, Deputy Town Manager
P.O. Box 975
100 Mikela Way
Avon, CO 80435
(970) 7484065
dneill@avon.org
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IN WITNESS WHEREOF,the Parties hereto have executed this Agreement the day and
year first above written.
TOWN OF AVON
By and Through Its Deputy Town Manager
By: ________________________________________ Date: _____________________
Preston Neill, Deputy Town Manager
PRODUCER
By: _________________________________________Date: ______________________
Gina Hallisey
Name: Gina Hallisey
Title: President
Success Resources Unlimited, Inc., dba Get Connected Events
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ADDENDUM A: MUNICIPAL PROVISIONS.
A.1.Addendum A Controls :In the event the terms and conditions of this Addendum A
conflict in whole or in part with the terms and conditions of the Agreement,the terms and
conditions of this Addendum A shall control.
A.2.No Waiver of Governmental Immunity :Nothing in this Agreement shall be construed to
waive,limit,or otherwise modify any governmental immunity that may be available by law
to Avon,its officials,employees,contractors,or agents,or any other person acting on
behalf of Avon and,in particular,governmental immunity afforded or available pursuant to
the Colorado Governmental Immunity Act,Title 24,Article 10,Part 1 of the Colorado
Revised Statutes.
A.3.Affirmative Action :Producer will not discriminate against any employee or
subcontractor for employment because of race,color,religion,sex or national origin.
Producer will take affirmative action to ensure applicants are employed,and employees are
treated during employment without regard to their race,color,religion,sex or national
origin.Such action shall include,but not be limited to the following:employment,
upgrading,demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
A.4.Article X,Section 20/TABOR :The Parties understand and acknowledge that Avon is
subject to Article X,§20 of the Colorado Constitution (“ TABOR ”).The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this
Agreement.It is understood and agreed that this Agreement does not create a multifiscal
year direct or indirect debt or obligation within the meaning of TABOR and,therefore,
notwithstanding anything in this Agreement to the contrary,all payment obligations of
Avon are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the Avon’s current fiscal period ending upon the next succeeding
December 31.Financial obligations of Avon payable after the current fiscal year are
contingent upon funds for that purpose being appropriated,budgeted,and otherwise made
available in accordance with the rules,regulations,and resolutions of Avon,and other
applicable law.Upon the failure to appropriate such funds,this Agreement shall be
terminated.
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A.5.No Waiver of Rights :A waiver by any Party to this Agreement of the breach of any term
or provision of this Agreement shall not operate or be construed as a waiver of any
subsequent breach by either Party.Avon’s approval or acceptance of,or payment for,
services shall not be construed to operate as a waiver of any rights or benefits to be
provided under this Agreement.No covenant or term of this Agreement shall be deemed to
be waived by Avon except in writing.
A.6.Binding Effect :The Parties agree that this Agreement,by its terms,shall be binding upon
the successors, heirs, legal representatives, and assigns.
A.7.Limitation of Damages :The Parties agree that Producer ’s remedies for any claims
asserted against Avon shall be limited to proven direct damages in an amount to exceed
amounts due under the Agreement and that Town shall not be liable for indirect,incidental,
special, consequential or punitive damages, including but not limited to lost profits.
A.8.No Third Party Beneficiaries :Nothing contained in this Agreement is intended to or
shall create a contractual relationship with,cause of action in favor of,or claim for relief
for,any third party,including any agent,subconsultant or subcontractor of Producer.
Absolutely no third party beneficiaries are intended by this Agreement.Any thirdparty
receiving a benefit from this Agreement is an incidental and unintended beneficiary only.
A.9.Governing Law,Venue,and Enforcement :This Agreement shall be governed by and
interpreted according to the law of the State of Colorado.Venue for any action arising
under this Agreement shall be in the appropriate court for Eagle County,Colorado.To
reduce the cost of dispute resolution and to expedite the resolution of disputes under this
Agreement,the Parties hereby waive any and all right either may have to request a jury trial
in any civil action relating primarily to the enforcement of this Agreement.The Parties
agree that the rule that ambiguities in a contract are to be construed against the drafting
party shall not apply to the interpretation of this Agreement.If there is any conflict
between the language of this Agreement and any exhibit or attachment,the language of this
Agreement shall govern.
A.10.Survival of Terms and Conditions :The Parties understand and agree that all terms and
conditions of the Agreement that require continued performance,compliance,or effect
beyond the termination date of the Agreement shall survive such termination date and shall
be enforceable in the event of a failure to perform or comply.
A.11.Assignment and Release :All or part of the rights,duties,obligations,responsibilities,or
benefits set forth in this Agreement shall not be assigned by Producer without the express
written consent of Avon.Any written assignment shall expressly refer to this Agreement,
specify the particular rights,duties,obligations,responsibilities,or benefits so assigned,
and shall not be effective unless approved by Avon.No assignment shall release the
Producer from performance of any duty,obligation,or responsibility unless such release is
clearly expressed in such written document of assignment.
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A.12.Severability :Invalidation of any of the provisions of this Agreement or any paragraph
sentence,clause,phrase,or word herein or the application thereof in any given
circumstance shall not affect the validity of any other provision of this Agreement.
EXHIBIT A: DESCRIPTION OF PREMISES
Harry A. Nottingham Park, 175 Lake Street, Avon, CO 81620
Use of field for Circus Tent and use of parking lot for performer ’s RV’s
NOTE: Performance Pavilion will not be used but the park’s public restrooms will be used
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Existing town parking lots as shown are more than sufficient for the event.
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EXHIBIT B: EVENT DESCRIPTION
Get Connected Events will present a 3day engagement of the Circus Bella production
Kaleidoscope at Nottingham Park in Avon, CO. The show will take place in a black out theater
tent with chair seating to accommodate up to 700 guests. Performances will be approximately 2
hours (includes intermission) and will feature such acts as acrobatics, contortionist, clowns, wire
walker, foot jugglers, rola bola, diablo, trapeze and aerial just to name some of the amazing talent
presented from the center ring by our bilingual Ringmaster.
Performance schedule:
Friday, August 16, 2019 shows at 4pm, 7pm
Saturday, August 17, 2019 shows at 1pm, 4pm, 7pm
Sunday, August 18, 2019 shows at 1pm, 4pm
The Circus Rider, attached as EXHIBIT F, is a part of the contract and shall be provided by the
Presenter. Some items will be procured by the Producer with a buyout from Presenter as
specified.
Setup Schedule: Loadin Tuesday, August 13, 2019 with setup beginning upon completion of
preevent inspection with the town through opening day. Setup, if extended into evening hours,
will honor a quiet zone and not go past 11:00 pm. Rehearsals will take place on Thurs and Fri.
Teardown Schedule: Begins immediately after the last show (app. 6:00 pm) on Sunday, August
18, 2019 until exiting lot on Tuesday, August 20, 2019 no later than 5:00 pm. Teardown in the
evening hours will honor a quiet zone and not go past 12:00am.
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Several seating options and pricing will be offered: $20 for General Admission, $35 for Preferred
and $50 for VIP Ringside. Discount pricing for General Admission will be offered via $5 off
Circus Bucks and Family 4 packs for $54. Children 2 and under get a free lap pass!
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EXHIBIT C: MARKETING PLAN
Circus Bucks 10,000 (distributed in Avon and the Vail Valley)
Posters 100 (distributed in Avon and the Vail Valley)
Bridge Banner
8 Pole banners in Roundabouts 3 and 5
Banners by the lake and elementary school
Online presence via www.circuscolorado.com and Circus Colorado Facebook and Instagram as
well as www.coloradokids.com (and all their affiliated sites)
Online via Eagle County Schools website, Everything Vail Valley, Vail Daily online
Print Ads in Vail Daily (weekly and daily papers)
Family 4 packs offered via True Local Deals
Radio mentions with ticket giveaways on KZYR, KKCH, KNFO, KSPN, KKVM
Expanded radio on KQSE La Nueva Mix promoting the Family 4 Pack $54 Deal
Engagement with local Concierges
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EXHIBIT D: INKIND BENEFITS
Based upon the 2018 Special Event Application filed with the Town of Avon, the following
Inkind grant benefits are being provided:
I.Facility(s) – No Charge
FACILITY(S): DATES AND HOURS: See Section 6
▪Avon Upper Field
▪Avon Cabin
▪Parking Lots shown on Attachment A and listed in Section 3
▪Beaver Creek Elk Lot (subject to approval by BCRC
▪Avon Elementary School Parking Lot
II.Assets – No Charge
CONDITIONS
1.Delivery times of assets and return times are set once the Event Manager receives the
SetUp and Teardown plans.
2.Once assets are delivered to the Producer, the Producer shall have sole responsibility for
the assets. Assets are generally delivered to the Avon Performance Pavilion’s west event
plaza.
3.Following the Event, all assets shall be returned to the Avon Performance Pavilion’s west
event plaza or a previously designated return location. Staff will be available to check in
the assets, with the Producer, and review for lost or damaged assets.
4.Producer of Town Equipment requires that Producer crew be adequately trained and
adequate liability insurance.
5.Any damage to inkind assets will be deducted from the final cash payment and/or
Damage Deposit.
III.Services – No Charge
CONDITIONS
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1.Service dates and hours are established by Avon once the Setup and Teardown Plans are
received.
2.Avon OnCall: Staff is available by call/text to troubleshoot and assist Producers during
the Event. The primary contact for all oncall staff will be the Special Events
administrator on call.
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EXHIBIT E: AVON’S MARKS
This is the Avon logo that will be used in all event marketing.
Circus Colorado Mark to be used in all marketing:
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EXHIBIT F
CIRCUS BELLA RIDER REQUIREMENTS 2019 SEASON RIDER REQUIREMENTS
Presenter to provide fulfillment of the following Rider Requirements for the Artist and/or Partial
Buyout Rider can be arranged between Agent/Promoter and Presenting Sponsor.
1) FREE PARKING FOR RECREATIONAL VEHICLES: Some of the artists travel and live in
recreational vehicles while on tour, others will require on site lodging. Therefore, there must be a
reserved space near the performance area for up to eight (8) R.V.’s upon arrival and lodging will
be needed in close proximity to the tent. The following is required for the RV area / lodging:
A) Electricity in R.V. Area: Eight (8) Electrical Edison outlets with 20 amp breakers
each outlet in the R.V. parking location. If R.V.’s are not able to park next to the tent area,
additional power and lights will be required in the RV area. (Avon will provide)
B) Water: Water faucet connection for garden hose near R.V. parking. If system uses a
key, ARTIST is to be given the key upon arrival. ARTIST will return key to PRESENTER prior to
vacating the premises. Standard hose coupling is acceptable. (Avon will provide)
C) Dumpster: Two (2) 8‑yard dumpsters should be placed close to tent and/or RV
parking in the location ARTIST designates upon arrival of the Company. This will be used for
disposal of trash from the performances and performers. (Town dumpsters can be used and will
be sufficient, therefore Avon will provide)
D) Lodging: Presenter buyout (included in stated fee)
2) FREE PARKING FOR TRANSPORT TRAILERS: The show is transported to you via four (4)
semi trailers and box truck/s. These trailers/trucks can be parked off site once the show is set
up. (Avon will provide)
3) PERFORMANCE REQUIREMENTS:
A) Performance Space: A space measuring approximately 150’ diameter circle (145’
diameter is the minimum), is required for the set‑up of the tent. Additional space is required for
the living quarters for the performers if the RV’s cannot be located next to tent. This space
should be free and clear of all obstacles, and it is preferable that the space is a grass lot. It
should be relatively dry so that it will support the weight of the Artist’s trucks without creating
ruts. PRESENTER should make ARTIST aware of any underground obstacles (such as water
pipes, electrical or gas lines) prior to the set‑up of the tent. Presenter is responsible for
obtaining all licenses and permits as may be required for performance. Presenter to verify
sprinkler system is turned off 48 hours prior to Artist arrival to ensure performance area is dry for
load in and stays dry throughout event run. (Avon will provide)
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B) Power: Three‑phase 100 amp electrical service is required for use by the ARTIST for
the lighting, sound, and electricity for the circus tent and for the performer’s living quarters.
(Avon will provide)
4) MISCELLANEOUS:
A) Set‑up Assistance: Depending on the site and timeline, additional set up crew may
be needed. Up to 6 able‑bodied persons may be required to help with the set‑up and take
down of the tent. Time of set‑up and take down will be determined by the ARTIST. Tent Vendor
will notify Producer of exact times needed for labor (if in fact needed) 3 weeks prior to load‑in
for approval. Tent Vendor will procure temp labor and the expense will be a part of the event
totals to be paid by Producer. Set up will be Tues, Wed and Thurs and teardown will be Sun
evening /Monday with Tues morning if needed. Avon will provide a Bobcat to assist tent vendor
with setup (2 days) and tear down (2 days).
B) Ushers, Ticket‑takers, Concessions: The ARTIST and/or Producer will provide
ushers, ticket takers and people to sell tickets at the door. Artist and Tent Vendor sell
concessions and/or souvenirs and retains all revenue from concessions and souvenirs.
Presenter to notify Artist of local permits/sales tax requirements needed for selling. Circus Bella
is a 501c3 Non Profit Organization. First Choice Entertainment, Inc (Tent Vendor) is a for profit.
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