Food Vendor Application

For those who have participated in the past, please note our changes for this year. As we eagerly look forward to our permanent home in the park, 2024 will be a transition year.

• Winterfest will be held in the parking lot from the construction fence for the park (approximately where the candy cane entrance sign was in past years) to 4th Street.
• Dates will change from two weekends to one, with the addition of Sunday afternoon.
• A large, enclosed market tent will house craft vendors instead of the wooden huts and indoor market.
• Other activities will remain the same.

Most questions can be answered by reading through the application, but a detailed logistics package will be sent in October with the overall layout of the festival, specific lighting and electrical information, set-up and tear-down schedule, and other pertinent information.

Note: Since we have had very little “German” features to Winterfest, We have changed the logo from A German Christmas Marketplace to A Christmas Marketplace. We have also renamed any references to German names to English, such as Biergarten is now Beer Garden.

VENDOR APPLICATIONS ARE BEING ACCEPTED FOR THE 2024 Winterfest Christmas Market in Spencer, NC. Vendors interested in applying may complete the application below.

THE MISSION
The Winterfest Committee strives to foster community connection for residents of Spencer and Rowan County as well as visitors through accessible, engaging opportunities that encourage those of every age to experience the child-like wonder of the holiday season.

MARKET LOCATION, DATES, & HOURS
Event location: Downtown Spencer across from the NC Transportation Museum.
Street Address: 460 S. Salisbury Ave., Spencer, NC 28159
Friday Dec 6 from 5:00 PM - 9:00 PM
Saturday Dec 7 from 2:00 PM - 9:00 PM
Sunday Dec 8 from 2:00 PM - 6:00 PM

PARTICIPATION FEE
Festival Rate (Friday, Saturday, & Sunday): $125
Daily Rate (Saturday): $75
Daily Rate (Sunday): $50

APPLICATION DEADLINE: JULY 31, 2024
PARTICIPATION FEE DUE: JULY 31 WITH APPLICATION (If payment is not received, the vendor space will be forfeited)

VENDOR REQUIREMENTS
• Vendors agree to conduct business in a friendly, professional manner, toward visitors, other vendors, town employees, festival leaders, and volunteers.
• Vendors consent to receiving communications on behalf of Winterfest via telephone or email at the number(s) and address(es) indicated on the application.
• Vendors are expected to be present for all market hours per their participation agreement.
• Vendor will be provided adequate vending space based on Vending unit size requirement.
• Winterfest will provide a generator(s) to service all food trucks. Personal generators are not required or allowed.
• Vendor spaces are assigned based on product to be sold.
• Awarded spaces are non-transferable and non-refundable.
• No subletting or sharing of vendor space.
• A menu, detailed description, photos of products and set-up, and prices to be sold are required.
• Vendor agrees only to offer the approved items in their application.
• Vendor is responsible for receiving and storing its food and related inventory during the Festival.
• Vendor is responsible for securing adequate refrigeration.
• Overnight cooking must be completed by vendor set-up time. This time will be noted in the Vendor Logistics Packet
distributed in October.

MARKETING
• Marketing will be provided via our website – www.spencerexperience.org., Town of Spencer publications, traditional advertising and social media. Rack cards and save the date cards will be distributed throughout the county, at other events and in mail campaigns.
• Each vendor will have a photo, description of their products, and contact information on the Winterfest website.

REFUNDS
Written cancellation is required for a refund. Refunds will only be granted, if, and when, booth space can be filled, less a $50.00 processing fee. Refunds will not be issued if the Vendor is dismissed, booth space is forfeited, or Vendor is in violation of any of the Terms and Conditions.

SAFETY/SECURITY
• Winterfest is an outdoor winter market - plan to be in operation in cold temperatures.
• Sales associates should dress in warm clothes and should be comfortable in cold temperatures.
• Vendors may not rely on market volunteers in order to provide restroom breaks for your booth.
• Vendors must adhere to the following:
• NO pets (except for service animals)
• NO Tobacco products (includes e-cigarettes and vape pens)
• NO Alcohol
• NO Firearms
• NO Illegal Drugs
• Vendors in violation will be asked to leave and will forfeit their participation fee.
• Hand sanitizer required for all booths.
• All vendors must supply their own extension cords and keep a fire extinguisher in booth at all times!
• NO electrical or propane heaters, NO electric blankets, and NO halogen bulbs are allowed.
• Vendors are responsible for maintaining and leaving their area free of trash. Garbage will be removed by the
market on a nightly basis, per Winterfest protocols.
• Security will be provided every night from Dec 5 through Dec 8.

PERMITS/LICENSING/INSURANCE
Vendors are responsible for their own business transactions.
• All food vendors are REQUIRED to have up to date food handling permits through the Rowan County Health
Department. If you do not have a food handling permit and need to obtain one, please review the Application for the Temporary Food Service permit and return to the Rowan County Health Department along with the $75.00 fee upon acceptance into the Festival.
• Alcohol Vendor must attach an up-to-date brewer’s permit WITH application from NC ABC.
• Vendors serving alcohol are required to verify ID for participants of legal age prior to the sale. No one under the
legal age is allowed to buy or consume alcohol. Vendors in violation will be dismissed immediately.
• Winterfest requires proof of insurance with a minimum of $1,000,000 aggregate liability from each vendor naming
the Town of Spencer as additionally insured. Proof of insurance is required upon acceptance into the Festival and
must be submitted no later than September 30, 2024.
• Vendors are responsible for payment of North Carolina Sales Tax and are required to obtain a certificate of
registration (NC-BR form, for Sales & Use Tax) from the NC Department of Revenue (this form can be found on www.dornc.com).

LOSS
The Town of Spencer and the Committee will not be liable for any losses or theft suffered by the Vendor in connection with the Vendor’s participation in this event. This includes, but is not limited to vendor product, vending truck, tent, tables, chairs, signs, and decorations.

WEATHER
• The event will be held RAIN OR SHINE. NO REFUNDS.
• In the event of severe weather, Winterfest may be closed or cancelled at the direction of the Town of Spencer,
based on guidance from the Emergency Management Division of Rowan County.

LOGISTICS PACKAGE
All approved vendors will receive a logistics package in October. This will include set-up and tear-down times and instructions, parking information, additional information regarding lighting/electrical, security, contacts and other logistics. A site layout with Vendor assignments will be included. Dimensions, drawings and/or photos of Vendor spaces will be provided.

As consideration for my participation in Winterfest, I, hereby release and discharge, indemnify and hold harmless the Winterfest Planning Team, Spencer Partnership, inc., RBC Holdings of Rowan, LLC , Kenneth T. Washko, Nancy A Washko, Town of Spencer and its town board, agents, contractors, employees, and any other persons or entities acting on its behalf, and its successors and assigns, for any and all of the aforementioned persons and entities, against all claims, demands, costs and expenses, and causes of action whatsoever, either in law or equity, arising out of or in any way connected with any property loss, bodily injury, disability and/or death and the consequences resulting therefore, arising from my participation in Winterfest.

All exhibitor personnel, merchandise, fixtures, etc., on the premises are my own sole responsibility and I agree to indemnify and hold harmless Winterfest, Spencer Partnership, Inc., Town of Spencer and all their departments involved or any of their members, officers, sponsors and their patrons, or the property owners, managers and representatives on whose property I am privileged to exhibit my work/goods from all liability stemming from their presence or their acts.
Winterfest, Spencer Partnership, Inc., is not responsible for damage or theft to vendor property or inventory during the run of the festival. Minimum security is provided but does not bind against loss.

I will cause no damage to Winterfest, the Town of Spencer, RBC Holdings of Rowan, LLC, Kenneth T. Washko, or Nancy A Washko, property, venue or equipment in any way; and I agree to reimburse Winterfest, Spencer Partnership, Inc., in full for all expenses incurred in repairing such damage if it occurs.

I understand that the space assigned to me is non-transferable and that if for any reason whatsoever consent to exhibit is denied, the liability of Winterfest, Spencer Partnership, Inc., shall be limited to the return of my participation fees at the sole discretion of Winterfest, Spencer Partnership, Inc. I am fully aware that my participation may be revoked for infraction of the foregoing regulations and that if the show is cancelled due to weather, calamity, acts of God or war, I will receive no reimbursement or compensation.

I understand that the assignment of booth space can be denied, revoked or changed for objectively justified reasons by Winterfest, Spencer Partnership, Inc. Relevant reasons include, but may not be limited to a) the assigned booth not being used/operational during opening hours, b) the booth occupant or staff repeatedly infringed upon regulations or additional instructions of the organizer, c) the booth occupant did not pay the participation fee, d) wrong facts were given in the application (e.g. other kind of merchandise than submitted is sold). If the assignment is being revoked, an immediate clearance of the booth can be demanded. Also, a penalty of no more than $250 may be enforced. Enforcement of a penalty needs to be preceded by a warning given or sent to the booth operator to give the chance of changing the circumstance that may result in a penalty.

By signing below, I acknowledge that I have read and understand the terms and conditions (WINTERFEST TERMS & CONDITIONS) and agree to abide by them. I understand and agree that by failing to abide by the terms and conditions, I may be asked to leave Winterfest and that no refund may be made. I further agree that this determination shall be made at the sole discretion of Winterfest, Spencer Partnership, Inc. I am aware that this agreement includes a Release of Liability and Indemnification Agreement between the Town of Spencer, Winterfest, Spencer Partnership, Inc., RBC Holdings of Rowan, LLC , Kenneth T. Washko, Nancy A Washko, and me, the undersigned. I sign this agreement completely and voluntarily.