Vendor Registration for Tool Sale
This is the place to register if you want to sell tools (not gems) at our annual Tool & Gem show on Memorial Day, May 31 from 12 noon to 4 pm. You must be a 2021 BoMA member. (If you're not already, you can sign up here.)
Registration entitles you to a 3' x 1.5' table top space indoors or your own table and 10' x 10' tent outdoors. Set up is at 11:30 am. Registration payment indicates agreement with General Rules and Regulations, Conditions and Cancellation Policy below.
- Vendors are responsible for their own display equipment (including any tools for set-up or dismantle). Vendors must provide their own tables, chairs, skirting, signage and lighting.
- Vendors are responsible for their own garbage.
- The only refunds to be issued are those in situations, such as a natural disaster, if BoMA can no longer host the event.
- Vendor is responsible for paying all applicable Federal, State, Sales & Local Taxes.
- Boulder Metalsmithing Association resides in Boulder County and as such, county sales taxes are applicable.
- Vendor agrees to pay all fines/penalties levied to the Boulder Metalsmithing Association as a result of vendor’s non-compliance with any Federal, State or Local Law, including, but not limited to Occupational Safety and Health Authority (OSHA), Federal Communications Commission (FCC), Department of Labor (DOL), Department of Health (DOH) and Environmental Protection Agency (EPA).
- The Vendor, its affiliated companies, and subsidiaries, agree to hold the Boulder Metalsmithing Association, together with their respective directors, employees, members, volunteers and agents, free from any damages or claims that may develop in connection with participating in the Tool & Gem Show.
- No water connections are available.
- All vendors shall stay open and have someone “on site” at all times during show hours.
- There is no sharing of space or tables without permission from BoMA and we will make all space assignments; our decision is final.
- This is a one-time contract, and does not imply or guarantee a place in any future shows.
- Contract for Space. This application for space with Boulder Metalsmithing Association (BoMA) and the full payment for space constitute a contract for the right to use exhibit space ("Space"). In the event of uncontrollable circumstances which render the Space unfit or unavailable for use or cause the Tool and Gem Show to be canceled, money paid for Space will be refunded
- Cancellation Policy. If space is canceled by Vendor, no payment or part of payment will be refunded.
- Space Usage. All exhibits shall conform to all fire and building codes for Boulder County.
- Restrictions in Operations of Exhibits. BoMA reserves the right, in its sole discretion, to restrict any exhibit which may, because of noise, method of operation, materials, or any reason become objectionable, and also to prohibit any exhibits which, in the opinion of BoMA, may distract from the general character of the Tool & Gem Show as a whole. This right of restriction extends to persons, patrons, things, conduct, printed matter or anything of a character which BoMA determines in its discretion to be objectionable.
- Care of Building and Equipment. Vendor and its agents shall not injure, deface or damage the building or equipment, walls, ceilings, floors of the building, or the Space. If such damage appears, Vendor is liable to the owner of the property or Space damaged.
- Liability. Neither BoMA nor any of its officers or agents, nor any of its staff members, shall be responsible for the safety of the property of the Vendor from theft, damage by fire, accident or any other cause whatsoever. Vendor shall hold BoMA, including their officers, directors, employees and agents, the Boulder Metalsmithing Association. (the "Indemnified Parties") harmless from any indemnity against all losses, liabilities, damages, deficiencies, taxes, costs or expenses of any kind including interest, penalties and reasonable attorneys’ fees and disbursements incurred in investigation or defense, whether based in contract, tort, or otherwise, arising at any time and in any manner whatsoever out of or in connection with an alleged or actual act, acts, omission, or omissions by Vendor in connection with any of the business, affairs or activities that are directly or indirectly related to the subject matter of this Agreement, including the Space herein. Vendor will take full responsibility for any liability issues incurred on the premises. Boulder Metalsmithing Association will not be responsible for any loss, damage, injury or other liability issues.
- Circulation and Solicitation. Distribution of circulars or promotional materials may be made only in the Space assigned to the Vendor presenting such material. Any organization or individual not assigned Space will not be permitted to solicit business in the Space. Vendors are requested to inform BoMA of their knowledge of any such occurrence.
- Amendments and Waivers. This Agreement and the full payment for Space constitutes the entire Agreement between BoMA and Vendor relating to the subject matter hereof. No term or condition may be modified except as specifically made in writing signed by the party against whom enforcement is sought. No express or implied waiver by BoMA of any default hereunder shall in any way be, or be considered to be, a waiver or any future or subsequent default whether similar in kind or otherwise.
- Validity of Agreement. If any provision of this Agreement is declared invalid by any tribunal, then such provisions shall be deemed automatically adjusted to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, shall be deemed a provision of this Agreement, as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be adjusted, the provision shall be deemed deleted from this Agreement as though such a provision had never been included herein. In either case, the remaining provisions of this Agreement shall remain in effect.
- Governing Law/Arbitration. This Agreement shall be governed by the laws of the State of Colorado, applicable to agreements made and to be wholly performed therein. In the event any controversy arises between the parties to this Agreement pertaining to the subject matter hereof, the parties agree that the controversy shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Such arbitration shall take place in Boulder, Colorado. Any award made by the arbitrator(s) shall be final and binding upon the parties hereto, and judgments thereon may be entered in any court of competent jurisdiction. The prevailing party in any such arbitration, as determined by the arbitrator(s) shall be entitled to its reasonable attorneys’ fees and costs.