26.03.31 MA 2026 FreeFall Bluegrass Festival Special Event Agreement
Freefall Event Agreement – 2026
March 31, 2026, FINAL
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SPECIAL EVENT AGREEMENT
FOR THE
2026 FREEFALL BLUEGRASS FESTIVAL
THIS AGREEMENT (“Agreement”) is made and entered into on March 31, 2026, by and
between the Town of Avon (“Avon”), a Colorado home rule municipality, and Resort
Entertainment Group (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 Producer desires to produce the Freefall Bluegrass Festival (“Event”) in Avon,
Colorado, on October 9, 10 and 11, 2026 and Avon Town Council (“Council”) desires to host
the Event; and,
WHEREAS it is the Parties’ intention that this Agreement defines the duties, obligations, and
conditions for the production of the Event.
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 (“Permit”). Avon waives the application fee pursuant to Avon
Municipal Code Section 9.40.040.
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, in accordance with
the following timeframes:
(1) NON-EXCLUSIVE USE: Producer is granted the non-exclusive use of the
Premises for the sole purposes of:
(i) Event set-up on October 8, 2026, from 7:00 a.m. to 10:00 p.m.; and
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October 9, 2026, from 7:00 a.m. to 2:00 p.m.
(ii) Event break-down and site clean-up on October 11, 2026, from 9:00
p.m. to 11:30 p.m.; and, October 12, 2026, from 7:00 a.m. to 7:00 p.m.
(2) EXCLUSIVE USE: Producer is granted an exclusive use of the Premises:
(i) October 9, 2026, from 2:00 p.m. to 9:00 p.m.; and October 10 and 11,
2026, from 11:00 a.m. to 9:00 p.m. for the Event.
C. Producer is in receipt of the Producer Toolkit, which includes State, County and
Avon policies, procedures, permit applications, requirements, and numerous other
resource documents to assist Producer when planning and producing an Event in
Avon. Producer agrees to abide by all requirements and policies provided for in the
Producer Toolkit. The Producer Toolkit can be found at
www.avon.org/specialevents.
D. The Chief Cultural Officer (“CCO”) for Avon is Danita Dempsey, who shall be the
primary contact for Avon. All references to the CCO in this Agreement may also
include the CCO’s designee(s). The CCO has the authority to reduce any stated
minimum timeframe for receipt of documents or Event plans.
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 CCO in CCO’s
sole discretion.
2. PREMISES INSPECTION & USAGE.
A. Pre-Event Inspection. Producer and the CCO shall jointly perform and document a
pre-Event inspection of the Premises not later than Wednesday, October 7, 2026, at
12:00 p.m. before the Premises are released to Producer. Producer acknowledges and
agrees that Avon is permitting Producer to use the Premises, including the Avon
Pavilion (“Pavilion”), in its “as is” condition and the 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 first-class condition
all permitted signs and shall, upon the expiration of this Agreement, at its own
expense, promptly remove all such permitted signs and repair any damage
caused by such installation and/or removal. Avon shall have the right to remove
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March 31, 2026, FINAL
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all non-permitted signs without notice to Producer, at the expense of the
Producer.
(3) Producer shall not drive locates and/or stakes into the ground along any
pathways, athletic fields, parking lots or grassy areas with underground
sprinkler systems without prior permission from the CCO.
(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 permitted by
Avon shall be performed in a good, safe, 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
flames, 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 the restroom).
(6) To the extent licensed personnel, such as electricians, medical, emergency
response or health official, are required to conduct certain services or
inspections, Producer shall abide by these local and State requirements.
(7) Producer agrees to use its best efforts to retain volunteers and paid staff from
qualified persons residing in the Town of Avon or Eagle County.
C. Post-Event Inspection. Producer and the CCO shall jointly perform and document a
post-event inspection of the Premises not later than Monday, October 12, 2026, at
5:00 p.m. before the Premises are returned to Avon. Producer shall promptly notify
the CCO of any problems or damage that may have occurred during the Event during
the post-event inspection. Producer shall be liable for any damage to the Premises
and any adjacent Avon property caused by the installation or removal of any
alteration, addition, or improvement. Avon may act 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. Contracts for services with
the Producer’s security agency(s) and procedural documents, if any, shall be provided to
the CCO forty-five (45) days prior to the first date of the Event. Security requirements
shall meet the audience’s profile. Security service requirements include, but are not limited
to, security needs for alcohol sales, enforcement of marijuana restrictions, crowd
management including lighting for ingress and egress, lost children protocol, lost and found
protocol, entry gate security checks, trespassing, weather incident, and a communication
protocol for law enforcement and emergency response agencies, including a chain of
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command. When necessary, security for traffic management may be required, including
external support from the Colorado Department of Transportation, Colorado Highway
Patrol and/or Eagle County Sheriff’s office. The CCO shall review the contract(s) for
security services (generally within fifteen (15) business days of receipt by Avon) and shall
provide notice to the Producer of any concerns. Avon, in its sole discretion, shall
determine the number of law enforcement officers Avon will provide for the Event. Avon
law enforcement costs may be included, in part or in whole, in the in-kind services
provided by Avon, if applicable. If not provided as an in-kind service, in part or in whole,
Producer shall be responsible for all costs associated with Avon providing law enforcement
officers for the Event. The Event Action Plan (“EAP”) Template can be found on the
Producer’s Toolkit and must be filled out forty-five (45) days prior to the event.
4. MEDICAL AND EMERGENCY RESPONSE SERVICES. Producer shall ensure the
Event shall provide for on-site medical and emergency needs and response requirements of
the Event, unless waived by the CCO. Contracts for services with the Producer’s emergency
response agencies and procedural documents, if any shall be provided to the CCO forty-five
(45) days prior to the first date of the Event. On-site medical and emergency personnel must
be able to address on-site response for attendees who are experiencing heat exhaustion,
dehydration, severe intoxication and/or are under the influence of drugs, are injured on site,
safety lighting at paths of ingress and/or egress, weather incident or any other medical need.
The CCO shall review the contract(s) for service (generally within fifteen (15) business days
of receipt by Avon) and provide notice to the Producer of any concerns. The Event Action
Plan Template can be found on the Producer’s Toolkit and must be filled out forty-five (45)
days prior to the event.
5. SANITATION & RESOURCE RECOVERY. Avon shall provide the sanitation facilities
(restrooms and handwashing). The Producer shall provide resource recovery (trash,
composting, and recycling), cleanliness and cleaning needs of the Event. Contracts for
services with the Producer’s sanitation and resource recovery agencies and procedural
documents, if any shall be provided to the CCO forty-five (45) days prior to the first date of
the Event. Contract services shall cover refuse management, recycling, composting and
diversion reporting, grounds and Pavilion cleaning and all parking lots included in the
defined Premises. The CCO shall review the contracts for service (generally within fifteen
(15) business days of receipt by Avon) and shall notify the Producer of any concerns. The
Producer acknowledges receipt of Avon’s Vendor Sustainability Guidelines and agrees to
disseminate the Policies to event personnel, vendors, performers, etc. as needed. The Vendor
Sustainability Guidelines can be found on the Producer’s Toolkit.
6. PARKING. The Producer shall provide parking for the Event in accordance with the table
below. If Producer utilizes a private parking lot to satisfy the required parking, Producer
shall be responsible for paying any fees to such private parking lot owner and shall provide a
copy of a license agreement or Temporary Use Permit indicating Producer’s permission to
use such private parking lot at least forty-five (45) days prior to the Event. The CCO shall
review the contracts for parking (generally within fifteen (15) business days of receipt by
Avon) and shall notify the Producer of any concerns. The Producer acknowledges receipt of
Avon’s Paid Parking Regulations and agrees to disseminate the Regulations to event
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personnel, vendors, performers, etc. as needed. The Paid Parking Regulations can be found
on the Producer’s Toolkit.
7. AMPLIFIED SOUND. Producer acknowledges that sound checks, performances and
announcements may require Council approval pursuant to Section 5.24.030 of the Avon
Municipal Code and as outlined in the Outdoor Use of Amplified Sound Systems can be
found on the Producer’s Toolkit. Avon agrees to waive the $25 Application fee associated
with the Amplified Sound Permit. Producer shall abide by the following requirements for
amplified sound:
A. Sound Checks: Sound checks may generally occur within four (4) hours of the start
of the performance.
B. Performance Times: Dates and times of all performances and/or announcements will
be provided to Avon as soon as available and listed on Event website and marketing
collateral as applicable.
C. Sound Volume: Producer agrees the volume for any sound check and performance
times will be moderated to achieve the sound quality needed for the Event and shall
be considerate of the surrounding neighborhoods. The CCO 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 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 CCO has required the volume to be reduced.
Producer acknowledges and agrees to pay the sound penalty assessed via the release
of the damage deposit or release of the Events final payment in accordance with
Section 12.A.(3), if applicable.
8. VENDOR LICENSING & SALES TAXES. Producer shall provide a list of vendors to
the CCO by not later than fourteen (14) 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 sales tax purposes. The list shall
Attendance
% of Non-
Vehicle
Attendees1
# of Persons Per
Vehicle
# of Parking
Attendees2
Parking Stall
Needs
Estimate
1,500 or fewer persons 70%2.5 450 180
1,501 - 2,000 persons 70%2.5 600 240
2,001 - 3,000 70%2.5 900 360
3,001 or greater 70%2.5 TBD TBD
1 Attendees walking, riding, resident, or lodging
2 Uses largest number
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include: All vendors, exhibitors, sponsors, and non-profits, 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
the Town of Avon; there is no fee assessed for this license. Producer will be required to
collect and remit sales tax for any vendor engaged in business at the special event. The
Producer acknowledges receipt of Avon’s Special Event Vendor Policies and agrees to
disseminate the Policies to event personnel, vendors, performers, etc. as needed. The
Special Event Vendor Policies can be found on the Producer’s Toolkit.
9. SPECIAL EVENT LIQUOR PERMIT. Avon shall be solely responsible for acquiring a
Special Event Liquor Permit for the Event. Application for the Liquor Permit and all
insurance and indemnification requirements pursuant to Avon Municipal Code 5.08.170
shall be the responsibility of Avon. An overview of process and Colorado Special Event
Liquor Permit Application can be found in the Producer Toolkit. Producer shall submit to
the Town Clerk a complete Special Event Liquor Permit Application including insurance
requirements by not later than 5:00 p.m., forty-five (45) days prior to the Event date.
A. Avon Responsibilities:
(1) Menu & Beverage Management. Avon is solely responsible for managing all
aspects of menu and beverage offerings, comprehensive menu details, such as
itemized listings, logos, and price points for both alcoholic and non-alcoholic
beverages.
(2) Operations & Management. Avon is responsible for both pre-event and post-
event coordination and operations, including on-site management, inventory
tracking, and financial reconciliation for all Event concession locations. Avon
will hire and manage all bar staff. Avon will retain revenues generated from
Event concessions, except for those from private food and beverage vendors.
Avon is required to supply Producer up to forty (40) complimentary beverages
per day, including non-alcoholic options.
10. ADMISSION & AVON EVENT FEE. Admission is limited to 7,000 paid patrons per
day. Avon may increase this limit to 8,000 in Avon’s sole discretion which increase must
be approved in writing by Avon. All ticket sales shall be subject to an Avon Event Fee in
the amount of FIVE DOLLAR ($5) per day per patron. Any wristbands lost, stolen, or
missing as a result of negligence by Producer shall be considered as sold for the purposes
of computing the admission ticket fee. The CCO and Producer shall meet within ten (10)
days after the Event to calculate the Avon Event Fee. The Avon Event Fee payment shall
be made no later than thirty (30) days after the Event. EXHIBIT B: Admission
Wristbands details the Parties’ responsibilities for Admission Wristbands
11. MARKETING.
A. Producer Responsibility. Producer shall implement branding and marketing as is
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customary by industry standards for similar events and as described in EXHIBIT C:
Marketing Plan.
(1) Producer shall advertise in all media notification to attendees the alcohol and
recreational marijuana restrictions, resource recovery priorities, parking and
transportation systems, no dogs except registered service dogs on a leash not to
exceed five (5) feet at the Event and all other matters deemed necessary by the
CCO for the advanced informational needs of Event attendees.
(2) If Producer desires to produce a digital sign and/or vinyl banners for
promotional purposes, Avon shall provide size requirements, install/remove the
banners as part of the in-kind services in the following locations: Digital Sign -
Avon Road and Avon Road light poles at roundabouts (up to 20 light poles) and
are based on availability. Producer and Avon shall mutually agree on the
number (up to 20), location and installation of such banners as well as removal
dates.
(3) Producer agrees to provide Avon with at least five (5) professional quality
reproducible photographs and at least three (3) ten (10) second of edited video
in vertical and horizontal formats from the 2024 Event in Vail, Colorado. Such
media shall be provided by not later than April 1, 2026.
(4) Producer agrees to provide Avon at least thirty (30) professional quality
reproducible photographs from day, at least ninety (90) minutes of raw video,
and five (5) minutes of edited video, in vertical and horizontal formats. Avon
may use the media at its discretion. Such media shall be provided by not later
than sixty (60) days after the Event.
B. Avon Responsibility.
(1) Avon will post on its websites content, provided by the Producer, within fifteen
(15) business days after receipt of “posting ready” materials from the Producer.
Content may include a high-resolution 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 like and/or share
Facebook and Instagram postings, as soon as possible, once received from the
Producer.
(3) Avon will list the Event on its websites thirty (30) days after execution of this
Agreement.
(4) Avon will make available up to three hundred (300) additional “Exempt” single-
day admissions (Complimentary Media) to the Producer specifically for, and
strictly limited to, marketing purposes.
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12. AVON FINANCIAL SUPPORT AND IN-KIND SERVICES.
A. Payment Schedule. Avon will provide financial support by way of providing and
covering the costs of the items and/or service listed below. The estimated cost of
these items and/or services listed is listed below and shall not exceed EIGHTY-
THREE THOUSAND DOLLARS ($83,000.00) to support the Event.
(1) Premises perimeter chain link fencing including emergency blow-out gates,
entrance and exit gates. Estimated cost $35,000.00
(2) Portable restrooms, handwashing stations, VIP trailer and servicing to
accommodate allowable admissions. Estimated cost $18,000.00
(3) Cost of goods (ice, alcoholic beverages, water, and bar labor) for one general
admission and one VIP concession location. Estimated cost is $30,000.00.
B. In-Kind Support. Avon shall provide in-kind support to Producer as shown in
EXHIBIT D: Avon In-Kind Support, in an amount not to exceed FOURTEEN
THOUSAND FIVE-HUNDRED Dollars ($14,500). The CCO shall track the in-kind
expenses and notify the Producer at any time the award level is approached.
13. 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 forty-five (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 with all production specifications and deadlines a
minimum of sixty (60) days in advance of the publication.
B. Complimentary Admissions. Producer shall provide complimentary per day admissions
for the following attendees:
(1) Avon staff providing services, in-kind and/or paid, as approved by the CCO.
(2) Twenty-two (22) transferable VIP Passes (Council, Town Manager, Town
Attorney, plus one guest for each or as otherwise determined by Avon).
(3) Twenty-six (26) transferable general admission passes (CASE Committee
members plus one guest for each, or as otherwise determined by Avon).
(4) Transferable general admission passes for Town of Avon, plus one guest for a
total of six (6) passes to be administered at CCO’s discretion (if applicable).
14. SURVEY. Producer shall conduct an on-site intercept surveyor a post-event survey via
email. The survey instrument questions, and final report shall be provided to Avon by
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November 25, 2026.
15. POST EVENT DEBRIEF. The CCO and Producer, and respective key staff and other
Avon representatives, shall meet on October 19, 2026, at 2:00 p.m., in the Avon Town
Hall to review the Event. The meeting date may be changed with agreement by the
Parties.
16. DAMAGE DEPOSIT. Producer shall pay a damage deposit or other security instrument
of Three Thousand Dollars ($3,000.00) payable to the Town of Avon no later than
September 30, 2026. Avon shall return the damage deposit within thirty (30) days after
the Event, less any repair costs, clean-up costs, or other costs incurred by Avon unless
Avon determines that funds need to be retained longer to evaluate the intended uses of the
funds.
17. AVON TRADEMARKS. The Town of Avon’s symbols, logos, graphics, fonts, and
colors, including such marks associated with the Event (collectively referred to as
“Marks”), are set forth in the Brand Guidelines available in the Producer’s Toolkit.
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 non-exclusive, non-transferable, 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 CCO, which approval may be granted or
withheld at the CCO’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.
18. MORALITY CLAUSE. Producer acknowledges that the Town of Avon’s image is of
immeasurable value to the Avon community. If at any time the Producer, its performers or
artists, or the sub-contractors hired to serve or support the event, has an incident,
occurrence or public 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 sub-contractor, 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 22 Event Cancellation after providing notice
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and opportunity for cure.
19. INDEMNIFICATION. Producer agrees to indemnify the Town of Avon, its officers,
agents, and employees, and to hold them harmless against any and all claims, actions,
demands 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 in connection with the conduct of the Event.
20. 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, directly or indirectly, from the conduct of the Event. Producer shall provide a
certificate of additional insured to Avon for its review and records. The policy dates shall
include the entire range of dates for which Town of 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:
Attendance Limits Per Occurrence/ Liquor Advertising
1,000 – 2,000 $1M $3M $1M $1M $50,000 $1M
2,001-3,000 $1M $4M $1M $1M $50,000 $1M
3,001 $1M $5M $1M $1M $50,000 $1M
Producer shall provide to Avon proof of Comprehensive Automobile Liability insurance
for any motor vehicles owned or hired 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 CCO no later than thirty (30) days prior to the first day of the Event. All
required insurance policies shall be non-cancellable without thirty (30) days prior written
notice to Avon. Producer shall not be relieved of any liability, claims, demands, or other
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 Town of Avon, its elected officials, officers, and employees as additional insured
and provide the appropriate certificate of insurance to Avon upon request.
21. RELEASE OF LIABILITY. Avon assumes no responsibility whatsoever for any non-
municipal property placed in said Premises. Producer hereby expressly releases 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
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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. To the fullest extent
permitted by law, Producer shall indemnify, defend and hold harmless Avon, its members,
affiliates, officers, directors, partners, employees, and agents from and against all claims,
damages, losses and expenses, including but not limited to reasonable attorney’s fees,
arising out of the performance of this Agreement, provided that any such claim, damage,
loss or expense is caused by any negligent act or omission of Producer, anyone directly or
indirectly employed by Producer or anyone for whose acts Producer may be liable, except
to the extent any portion is caused in part by a party indemnified hereunder. 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 CCO, 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.
22. EVENT CANCELLATION. The CCO 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 Avon, or in the event of an unforeseeable event beyond the reasonable control
of the CCO or Avon, including, without limitation, acts of nature, fire, explosion, lightning,
labor disputes, strikes, acts of terror, epidemics or pandemics, material shortages or
unavailability, government laws or regulations, or war or civil disorder (each a “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, if the Producer is not able to cure and Avon elects to terminate
the Event, or if the CCO or Town of Avon cancels the Event due to a Force Majeure Event,
then (A) Avon shall remit to Producer all deposits less any Event related expenditure
incurred by Avon; (B) all funds provided by Avon for the Event shall be returned in full;
and (C) if Avon has dedicated resources toward production and cancellation in less than
ninety (90) days prior to the first day of the Event, Producer shall pay Avon five thousand
dollars ($5,000) as liquidated damages within ten (10) days, provided, however, that in the
case of a Force Majeure Event, Producer shall not be required to pay Avon any payment as
liquidated damages; and all such funds shall be provided to the other Party within thirty
(30) days of the cancellation. 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.
23. MUNICIPAL ADDENDUM. This Agreement is subject to the Municipal Addendum
attached here to as ADDENDUM A: Municipal Provisions and made part of this
Agreement, the terms of which shall apply and supersede any conflicting term in the body
of this Agreement.
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24. NOTICES. Any notice to either Party under this Agreement shall be in writing and shall
be sent to the addresses designated below. Notices by e-mail shall be deemed received
when acknowledged by the recipient.
PRODUCER:
Resort Entertainment Group
P.O. Box 5898
Vail, CO 81658
970-3331-5670
diane@resort-entertainment.com
AVON:
Danita Dempsey, Chief Cultural Officer
P.O. Box 975
100 Mikaela Way
Avon, CO 81620
(970) 748-4065
ddempsey@avon.org
COPY TO:
Nina Williams, Town Attorney
nwilliams@avon.org
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and
year first above written.
TOWN OF AVON
By: ________________________________________ Date: _____________________
Danita Dempsey, Chief Cultural Officer
PRODUCER
By: _________________________________________ Date: ______________________
[signature]
Name: ______________________________________
[print]
Title: _______________________________________
diane moudy (Apr 1, 2026 10:26:51 MDT)
diane moudy
diane moudy
ceo
04/01/2026
04/01/2026
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Page 13 of 19
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 sub-
contractor 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 multi-fiscal
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 Town of Avon, and
other applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
A.5. Employment of or Contracts with Workers without authorization. This paragraph
shall apply to all Contractors whose performance of work under this Agreement does not
involve the delivery of a specific end product other than reports that are merely incidental
to the performance of said work. This paragraph shall not apply to any services falling
under the exceptions provided for in C.R.S. 8-17.5-101(b)(I)-(V). Contractor shall not
knowingly employ or contract with a worker without authorization to perform work
under this Agreement. Contractor shall not contract with a subcontractor that fails to
certify that the subcontractor does not knowingly employ or contract with any workers
without authorization. By entering into this Agreement, Contractor certifies as of the date
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of this Agreement it does not knowingly employ or contract with a worker without
authorization who will perform work under the public contract for services and that the
Contractor will participate in the e-verify program or department program in order to
confirm the employment eligibility of all employees who are newly hired for employment
to perform work under the public contract for services. The Contractor is prohibited from
using either the e-verify program or the department program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed. If the
Contractor obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with a worker without authorization, the
Contractor shall be required to notify the subcontractor and the Town within three (3)
days that the Contractor has actual knowledge that a subcontractor is employing or
contracting with a worker without authorization. The Contractor shall terminate the
subcontract if the subcontractor does not stop employing or contracting with the worker
without authorization within three (3) days of receiving the notice regarding Contractor’s
actual knowledge. The Contractor shall not terminate the subcontract if, during such three
days, the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with a worker without authorization. The Contractor
is required to comply with any reasonable request made by the Department of Labor and
Employment made in the course of an investigation undertaken to determine compliance
with this provision and applicable state law. If the Contractor violates this provision, the
Town may terminate this Agreement, and the Contractor may be liable for actual and/or
consequential damages incurred by the Town, notwithstanding any limitation on such
damages provided by such Agreement.
A.6. 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.7. Binding Effect: The Parties agree that this Agreement, by its terms, shall be binding
upon the successors, heirs, legal representatives, and assigns.
A.8. 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.9. 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, sub-consultant, or sub-contractor of Producer.
Absolutely no third-party beneficiaries are intended by this Agreement. Any third-party
receiving a benefit from this Agreement is an incidental and unintended beneficiary only.
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A.10. 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. Other than this
Addendum A, which shall trump all other documents, if there is any conflict between the
language of this Agreement and any exhibit or attachment, the language of this
Agreement shall govern.
A.11. 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.12. 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.
A.13. 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.
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EXHIBIT A: DESCRIPTION OF PREMISES
1. Harry A. Nottingham Park – Main Athletic Field
2. Avon Pavilion
3. Metcalf Cabin
4. Portion of the Nottingham Park Public Restroom Parking Lot (excluding Town Staff
Parking, as illustrated)
5. New Public Restrooms and Adjacent Plaza (pending final construction)
6. Avon Town Hall Parking Lot (Friday after 5:00 p.m., Saturday and Sunday)
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EXHIBIT B: ADMISSION WRISTBANDS
Producer acknowledges and agrees that all admissions require a wristband, in order to: (1) Plan
for attendee service needs; (2) document the number of persons in the Premises on any given
day; and (3) provide the necessary information to calculate the Admission Ticket Fee.
1. Producer Responsibilities: Wristband Information. By no later than September 9, 2026,
at 5:00 p.m. the Producer shall provide:
a. The wristband color, graphic and script, which will be provided to the various
types of admissions, and number ordered per type. For example, the types of
admissions requiring a distinct wristband include, may include, but are not limited
to:
b. A distinct wristband and number ordered for those admissions that are 21 years of
age or older for the sole purpose of identifying those individuals who are eligible
to purchase alcohol within the Premises.
c. Purchase manifest(s) detailing the Producer’s wristband order.
d. Description of the admission accounting system procedure to ensure that
wristbands are distributed and accounted for strictly by type, to ensure that
wristbands are not intermixed among admission types and to determine the
Admission Ticket Fee.
e. A copy of the executed third-party agreement(s) with the ticket sales vendor
and/or organization, which will be selling tickets and providing the accounting of
all wristbands distributed.
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2. Avon Responsibilities: Approval of Wristband Designs.
a. Within five (5) business days of receipt of the Producer information required in
Section 1 above the shall approve the information or state any modifications that
need to be made.
b. Both parties agree to work in an expeditious manner to finalize the wristband
requirements, if modifications are required.
3. Admission Accounting Process.
a. Producer Responsibilities: The Producer agrees to provide bi-monthly status
updates on number and type of tickets sold within 30-days of tickets going on
sale.
i. ADMISSION REPORT #1 - Producer shall provide to the CCO an
accounting of all Paid and Complimentary Admissions ten (10) business
days prior to the Event.
ii. ADMISSION REPORT #2 - Producer shall provide to the CCO an
accounting of all Paid and Complimentary Admissions; and, lost, broken
and unused wristbands five (5) business days after the Event.
b. Avon Responsibilities: Avon retains the right to review the admission reports,
including access to the third-party vendor(s), who sold and produced the Event
wristbands and/or who sold the tickets for admission to all Event attendees or
distributed complimentary admissions, to answer questions and/or to audit the
reports.
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EXHIBIT C: MARKETING PLAN
Marketing Objectives
Primary Goals
● Increase attendance year over year by 25%
● Boost awareness beyond Colorado to high tourist states (TX, WY, UT)
● Strengthen brand identity as a signature fall music festival during off-season
● Expand digital audience and mailing list for ongoing engagement for brand as
well as the Town of Avon
● Increase Lodging and Restaurant numbers during off-season for the Town of
Avon
Key Performance Indicators (KPIs)
● Ticket numbers
● Website traffic & referral sources
● Social media engagement (shares, event responses)
● Sponsorship revenue and vendor participation
● Local lodging bookings correlated with festival dates
Target Audience
Local Residents, Colorado Bluegrass Fans, Fall Leaf Tourists, and Families
● Age: 35+
● Gender: 50% Male, 50% Female
● Location: Colorado, Texas, Wyoming, Utah
● Education: Bachelor’s Degree or Higher
● Interests: Bluegrass, live music, outdoor recreation, family-oriented, and travel
Branding & Messaging
Core Messaging Themes
● “Colorado’s Autumn Soundtrack” — celebrate fall in the Colorado Rockies
with bluegrass rhythms
● “Festive & Family Friendly” — emphasize accessibility for all ages
● “Experience the Heart of the Vail Valley” — music, food, nature, and
community in Avon, Colorado
Taglines
● “Falling for Avon”
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● “Bluegrass Lakeside”
Visual identity evokes fall colors, mountain imagery, acoustic instruments, and festival
community vibes.
Promotion
Website & SEO - $500.00
● 59,364 lifetime visits on FreeFall site
● 72,146 lifetime visits on SpringFree site
● Website highlights the event and the Town of Avon
● Website migrated to Squarespace for optimized SEO searches
● Includes all partners, including lodging and things to do
Social Media - $8,000.00
● Facebook
○ 927 FreeFall followers
○ 1,329 SpringFree followers
○ 185.5k total reach
○ Targeted boosted posts and ads
○ Targeted cross-promotional ads with artists
● Instagram
○ 1,174 FreeFall followers
■ 32.5k reach
○ 1,229 SpringFree followers
■ 32.5k reach
○ Targeted boosted posts and ads
○ Targeted cross-promotional ads with artists
Email Marketing - $1,000.00
● 2282 subscribers
● 43.4% open rate
Traditional & Local Media - $18,500.00
● Vail Daily - press releases and geotargeted web advertising - $10,000.00
● KZYR - Radio ads closer to event, Rocktober highlights, interviews - $2,000.00
● Street Team through BlackSpy including posters and flyers - $4,500.00
● Geotargeting web advertising and email blasts through Relix - $2,000.00
● Podcasters
Local Partnerships
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● Town of Avon
○ Cross-promotion via website and social media platforms
● Potential Lodging Partners
○ The Westin
○ Beaver Creek West Condominiums
● Potential Beverage Partners
○ Vail Brewing Company
○ 10th Mountain Whiskey
○ Mountain Beverage?
● Potential Restaurants/After Parties
○ Local food trucks
○ Bob’s Place
○ Loaded Joe’s
Audience Engagement & Experiences
Kids Zone and Activities
● Kids bounce houses, face painting, and interactive music-related experiences
Food & Beverage
● Highlight local vendors with emphasis on fall flavors (apple cider, chili, artisanal
foods)
● Coordinate with sponsors or beverage partners for potential sampling booths
● Create shareable graphics and social content for on-site vendors
Music Lineup Promotion
● Schedule announcements of performing acts in phases to keep momentum
● Create shareable graphics and social content for talent
Sponsors & Partnerships
Sponsorship Tiers
● Top Tier Sponsors — inclusion in venue signage, promotional materials, and
dedicated social media posts
● Community Sponsors — local businesses to be included on promotional material
and dedicated social media posts
● Kids Zone Sponsors — family oriented
● VIP Sponsor — exclusive to VIP area
● Eco & Sustainability Sponsors — align with region’s outdoor values and Town of
Avon Requirements
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PR & Media Outreach
● Coordinate media press passes for lifestyle and music journalists
● Pitch stories around:
○ Fall in the Rockies and Bluegrass culture
○ Band interviews / artist spotlights
○ Family & community aspects
Content Calendar
● Create dedicated calendar with posts to highlight:
○ Event Information
○ Ticket Information
○ Town of Avon including things to do, lodging, etc.
○ Artist
○ Additional Experiences including Kids Zone and VIP Experience
○ Vendors
Evaluation and Feedback
● Post-festival surveys for attendees and vendors
● Analyze digital analytics (traffic, engagement, conversions)
● Debrief with sponsors for feedback
● Plan improvements for 2027
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EXHIBIT D: IN-KIND SUPPORT
In-Kind Services
Services Description Cost Explanation
Avon Pavilion
Power Consultation needs, identify location of panels, Based on hours
requested
Hourly staff rate at
$70.29/per hour
Power Assets Installation
& Removal (based on
availability)
Buildings staff to install, distribute and
remove all Town owned power assets. $3,269.56
Hourly staff rate at
$58.39/per hour; 56-man
hours
Avon Road Light Pole
Banner Placement
(based on availability)
Public Works staff time for installation
and removal of light pole banners. Up
to eight (8) total locations.
$902.72 man hours of work
$56.42/per hour. Est. 16-
man hours
Labor: Public Works
(based on availability)
removal of chain link and/or barricade
fencing, and the delivery of event
assets to include but not limited to (15)
TOA tents, water monster, event
signage, chairs, banquet, and cocktail
$7,842.38
Hourly staff rate per man
hour of work $56.42/per
hour; 139-man hours
Sanitation & Resource
Recovery Assets
Access to landfill, recycling, and
compost dumpsters and use of up to
10 Cerobins
$650 Approximately $650 / No
up charge
Third-Party Parking Lot
Rental
Rental fee for leasing Beaver Creek
Resort Company Bear Lot $1,200 $600 per day / No
upcharge
TOTAL: