FOOD CONCESSIONS RULES AND REGULATIONS
Read these rules and regulations carefully. If you have any questions, contact the Fairgrounds Office at (541) 774-8270
• PERMITTEE shall pay EXPO for the use of said premises per the agreement, 20% OF GROSS SALES (minus tips) DUE WITHIN 2 business days post-event. A fully detailed report of all sales, including cash sales, must be provided to the Expo at the time of Event settlement. We accept cash, checks, debit or credit cards. Failure to properly report sales and provide the required accounting report at the time of settlement may affect future vending opportunities.
• PERMITTEE will provide a Certificate of Insurance (COI) showing the required General Liability Coverage
• PERMITTEE will provide a Jackson County Food Permit.
• PERMITTEE is required to keep the assigned area free of trash and debris.
• PERMITTEE will leave their area clean at the end of the event.
• Only items listed may be sold. Any additional items and/or deletions must be approved by EXPO. All products and their prices must be prominently displayed on professional-type signs.
• EXPO is contractually a Pepsi facility; only Pepsi products may be sold.
• Only paper/plastic products may be used for food/beverage.
• PERMITTEE will not be allowed to sell or sample any products containing alcohol.
Documents meeting all requirements are due 30 days prior to the event.
• Use Agreement
• Insurance
• Jackson County Food Permit
PERMITTEE shall comply with all federal, state, and local laws, regulations, executive orders, and ordinances applicable to this Agreement. No marijuana or ingestible hemp items are allowed to be sold or sampled, nor are they allowed in any building or on the grounds of EXPO, including the parking area. “Marijuana items” means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts. “Ingestible hemp items” including but not limited to any hemp products or by products that can be ingested or smoked. Tobacco items, including, but not limited to, cigarettes, cigars, pipes, chew snuff, electronic cigarettes and smokeless tobacco, cannot be used within any facility on the grounds at EXPO.
Insurance. Permittee shall, at its sole cost and expense, procure and maintain in full force through the term of this Agreement (including setup and teardown) comprehensive general liability insurance with coverage limits of at least $2,000,000 per occurrence; $2,000,000 aggregate for damage or injury to the Property, buildings or grounds of EXPO in the care, custody and control of Permittee, with each policy naming the Jackson County, the Jackson County Fair Board, and their elected officials, officers, employees, agents and volunteers as additional insureds. Permittee’s name on such policies shall be the same as on this Agreement. The policies must obligate the issuing insurance company to provide at least 30 days prior written notice to the EXPO before cancellation or change in coverage. Evidence of coverage and additional insured endorsement(s) must be provided to the Manager of EXPO at least 14 days prior to Permittee’s use of the Property. Failure to meet any of these insurance mandates shall constitute a material breach of this Agreement.
Indemnity. Permittee shall indemnify, hold harmless, and defend Jackson County, the Jackson County Fair Board, and its elected officials, officers, employees, agents and volunteers from and against any and all claims, suits, actions, losses, damages, liabilities, costs or expenses (including reasonable attorney fees and costs, whether or not incurred in litigation) on account of personal injury, death or damage to or loss of property or profits resulting from or arising out of, in whole or in part, any act, omission, negligence, fault, threat to safety of person or property at EXPO, or violation of law or ordinance by Permittee or any person entering EXPO or the Property with the implied or express permission or invitation of Permittee. For purposes of this section, Permittee’s obligations include, but is not limited to, acts, omissions or negligence of Permittee, its members, officers, employees, agents, independent contractors, exhibitors, invitees, customers or other participants. Neither Permittee nor any claims representative or attorney engaged by Permittee shall defend the claim in the name of the Fair Board, Jackson County and its elected officials, officers, employees, agents and volunteers without first receiving from Jackson County Counsel, in a form and manner determined appropriate by the Jackson County Counsel, authority to act as legal counsel for the Fair Board, Jackson County and its elected officials, officers, employees, agents and volunteers, nor shall Permittee settle any claim on behalf of the Fair Board, Jackson County and its elected officials, officers, employees, agents and volunteers without the approval of Jackson County. The Fair Board, Jackson County and its elected officials, officers, employees, agents and volunteers shall have no liability to Permittee or its members, employees, agents, independent contractors, participants, exhibitors or invitees for any injury, loss, or damage caused by third parties or by any condition of the Property, except to the extent solely caused by the Fair Board’s gross negligence.
Force Majeure. A “Force Majeure Occurrence” is an occurrence that a party cannot reasonably control, including but not
limited to (a) acts of God; (b) flood, fire (including wildfire and/or wildfire smoke), earthquake or explosion; (c) war (whether
war is declared or not), invasion, hostilities, terrorist threats or acts, riot or other civil unrest; (d) government order, action or law;
(e) actions, embargoes or blockades in effect on or after the date of this contract; (f) national, regional, or local emergency,
including epidemic or pandemic; or (g) strikes, labor stoppages or slowdowns or other industrial disturbances. If EXPO cannot
perform its obligations under this Agreement because of a Force Majeure Occurrence, EXPO may terminate this Agreement
upon written notice to Permittee and shall give Permittee a refund of any amounts previously paid by Permittee to EXPO under
this Agreement, and Permittee and EXPO agree that neither party shall have any further obligations under this Agreement. If
Permittee has used and occupied the Property prior to such termination, Permittee shall pay for the use of the Property up to the
time of such termination.
***IT IS THE SOLE RESPONSIBILITY OF THE PERMITTEE TO KNOW AND ABIDE BY ALL OREGON RULES AND LAWS PERTAINING TO FOOD VENDING ***
Audit. EXPO shall have the right to examine any and all books, records, and documents that the
EXPO determines are necessary to discover and verify that PERMITTEE is in compliance with all requirements under this Agreement.
Termination for Convenience. Notwithstanding anything herein to the contrary, EXPO may terminate this Agreement for its convenience effective upon providing written notice to PERMITTEE.
Choice of Law; Venue. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Oregon. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the Circuit Court for Jackson County for the State of Oregon. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue shall be the United States District Court for the District of Oregon located in Jackson County, Oregon.
No Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages.
Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given if (a) delivered by hand and receipted for by the party to whom said notice or other communication shall have been directed, (b) mailed by certified or registered mail with postage prepaid, on the third business day after the date on which it is so mailed, (c) mailed by reputable overnight courier and receipted for by the party to whom said notice or other communication shall have been directed or (d) sent by facsimile transmission, with receipt of oral confirmation that such transmission has been received
PERMITTEE AGREES THAT THEY HAVE READ THIS AGREEMENT, THE TERMS AND CONDITIONS, THE RULES AND REGULATIONS OF EXPO, AND UNDERSTANDS THAT THEY SHALL APPLY TO THEM, UNLESS AMENDED BY WRITTEN MUTUAL CONSENT OF THE PARTIES.
