Request information for a vendor booth or to place flyers in swag bags

Thank you for choosing to be a part of the best mountain town marathon anywhere!  We are excited to have you as a team member and are confident that your participation will help us make this year’s races bigger, better and more community-focused than ever. To become a vendor please fill out the fields below and we will be in touch about a vendor booth. Some of our current vendors have exclusivity rights depending on sponsorship agreements so we therefore will not be able to accommodate everyone. Thanks for understanding. 

    Fill out the form below to request info for a vendor booth

    A few quick info items: Booth size will be 10' X 10' unless otherwise requested below. The finish line expo location will be at the Les Schwab Amphitheater and along Shevlin Hixon Rd. Race start is at 7am for the marathon and all booths must be set up the day before or by 5:30am on race morning. The Expo will be open from 7am until about 3pm. The fee for a 10' X 10' booth will be $250. 

    VIRTUAL RACE PACKETS
    If you would like to place flyers in race packets we use a paperless system that will email participants a virtual packet with advertising and business information. This is in keeping with our sustainability pledge to cut down on disposable resources while increasing visibility of our sponsors and a direct link to your site. Please fill out the info below, let us know that you are requesting advertising in our virtual packet email in the comments, and we will be in contact. The fee for placing flyers in race packets will be $250. We will have approximately 2,300 participants. 
    Thank you for choosing to be a part of the best mountain town marathon anywhere!   We are excited to have you as a team member and are confident that your participation will help us make this year’s races bigger, better and more community-focused than ever.
     
    This letter contains the terms and conditions of your participation.  Please review it carefully and let us know if you have any questions.  If it is acceptable to you, please sign and date where indicated below.

    1. Parties.  This Vendor Agreement (this “Agreement”) is between K&M Running LLC, an Oregon limited liability company d/b/a Bend Marathon (“Bend Marathon”), and the undersigned Vendor.
     
    1. Term.  Except as otherwise provided herein, this Agreement will commence on the last date written beneath the parties’ signatures below and will continue until the Vendor’s Race Day obligations described in Section 3 below have been completed in full.
     
    1. Expo and Race Day Obligations.
     
    1. Bend Marathon.  Bend Marathon will provide an opportunity for the Vendor to engage with race participants during the race expo and at the finish line (or elsewhere as determined by Bend Marathon) by promoting the Vendor’s business and/or providing samples of the Vendor’s services and/or products, subject to the terms and conditions of this Agreement.
     
    1. Vendor.  The Vendor hereby acknowledges and agrees:
     
    1. Bend Marathon reserves all rights to use its name, trademark(s), logo, and copyrighted materials.  No use of the name “Bend Marathon” and/or its logo, trademarks or copyrights is authorized for any commercial purpose (including the sale or distribution of products) without the prior express written consent of the Bend Marathon.
     
    1. The Vendor may not sublet or allow other vendors to share the booth/exhibit space assigned to the Vendor or exhibit or permit to be exhibited products and/or services of any third parties without the prior express written consent of Bend Marathon.
    2. The Vendor may not distribute or advertise its products and/or services in any area under the control or supervision of Bend Marathon other than its assigned booth/exhibit area.
     
    1. The Vendor will adequately staff its booth/exhibit area during the time periods specified by Bend Marathon.
     
    1. The Vendor may not make excessive noise, use bright or hazardous lights, cause or permit odors, or otherwise cause a nuisance, as determined by Bend Marathon in its sole discretion.  Bend Marathon reserves the right to terminate this Agreement and request the Vendor to leave immediately under such circumstances.
     
    1. The Vendor will keep its booth/exhibit area clean at all times, and will provide adequate waste disposal bins (trash, recycling) for the types of products/services it is offering.  At the conclusion of the event, the Vendor will leave the booth/exhibit area broom clean and in its original condition.
     
    1. Bend Marathon reserves the right to cancel or postpone Race Day in its sole and absolute discretion, for any reason (including, but not limited to, inclement weather, perceived safety concerns, or lack of volunteers).  Bend Marathon will have no liability to the Vendor for such action whatsoever.
     
    1. Release and Indemnification.  The Vendor hereby agrees to release, discharge, indemnify, defend and hold Bend Marathon and its members, employees, representatives, successors, and assigns (collectively, the “Released Parties”) forever harmless from any and all liabilities, obligations, promises, controversies, suits, claims, demands, actions, causes of action, losses, damages, penalties, interest, or fines, and any and all costs and expenses, including attorney fees, costs, fees of experts and any legal or other expenses reasonably paid or incurred in connection therewith (collectively, “Liabilities”) arising from or relating to any action or inaction of the Vendor or its employees or representatives, or any products and/or services offered by the Vendor.  The Vendor’s obligations under this Section will survive the termination of this Agreement and remain in full force and effect for six years (or the applicable statute of limitations period, if longer).
     
    1. Photos, Videos and Logos.  The Vendor hereby grants permission to Bend Marathon and its employees, agents and assigns, to photograph and video the Vendor’s image, likeness, and depiction, and to use the Vendor’s tradename and logo(s) (“Branding Materials”) for any legitimate purpose, including marketing purposes, and in any medium, including print and electronic.  The Vendor waives any and all claims for compensation of any kind for the use or publication of photographs, videos or Branding Materials by Bend Marathon.  The Vendor hereby agrees to release, discharge, indemnify, defend and hold the Released Parties forever harmless from any claim for damages of any kind (including, but not limited to, invasion of privacy; defamation; false light; or misappropriation of name, likeness, or image) arising out of or relating to the use or publication of photographs, videos or Branding Materials by Bend Marathon, and covenants and agrees not to sue or otherwise initiate legal proceedings against Bend Marathon for such use or publication.
     
    1. Authority.  The person signing this Agreement on behalf of the Vendor represents, covenants and warrants that such person has full right and authority to enter into this Agreement and to bind the Vendor to its terms and provisions.
     
    1. Binding Effect; Assignment.  This Agreement is binding on and inures to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns.  Notwithstanding the foregoing, neither this Agreement nor any of the rights, interests, or obligations under this Agreement may be assigned by the Vendor without the prior written consent of Bend Marathon, which consent will not be unreasonably withheld.
     
    1. Arbitration.  Any dispute or claim that arises out of or that relates to this Agreement, or to the interpretation or breach thereof, or to the existence, validity, or scope of this Agreement (including this arbitration provision), shall be resolved by arbitration in Bend, Oregon in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.  The parties agree to a single arbitrator.
     
    1. Legal Expenses.  In the event that any arbitration, suit or action is brought to enforce or interpret any term of this Agreement, the prevailing party will be entitled to recover, in addition to any damages or award, all reasonable attorney fees incurred in the preparation, prosecution, or defense of such arbitration, suit, or action as determined by the arbitrator or trial court, and, if any appeal is taken from such decision, reasonable attorney fees as determined on appeal.
     
    1. Governing Law.  This Agreement will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict-of-laws principles.
     
    1. Entire Agreement.  This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.
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