Celebrate Colorado: Black, Indigenous, and People of Color-Owned Business Marketplace

Updated August 6, 2025 

The following Terms and Conditions govern this contract (“Contract”) between the Association for the Study of Higher Education (ASHE) Conference (“the Conference”) and the Vendor. 

1. Acceptance. Acceptance of this contract by the Conference is effective when ASHE receives a Vendor’s registration form on or before September 30, 2025. ASHE reserves the absolute right to decline or reject any proposed Vendor. 
   
   
2. Marketplace Dates, Location, and Times. The Marketplace will be displayed at the Sheraton Denver Downtown. The dates and times of the Marketplace are Wednesday, November 12 from 1:00 PM - 9:00 PM. 
   
   While the Conference will use reasonable efforts to maintain the location, dates, times and floor plans of the Marketplace, the Conference reserves the right to change any of these at any time and for any reason whatsoever without liability. 
   
   Any property remaining in the hotel after 11:00pm Wednesday, November 12, may be removed by ASHE. Vendors shall be responsible for all costs to remove and store such property. The Conference shall not be liable for any casualty, theft, damage, or other loss that may occur to such property during removal or storage. 
   
   
3. Staffing of Vendor Tables. Vendors should not pack, remove, or otherwise dismantle their booth prior to the close of the Marketplace. 
   
   
4. Table Space Furnishings and Restrictions. Each draped vendor table measures 6’ long x 30” wide and is accompanied by two chairs. 
   
   
5. Vendor Badges and Registration. All representatives of Vendor at the Marketplace must be registered with the Conference as a Vendor and wear Vendor badges at all times during the conference. Name Tags will be provided for each person registered to staff the vendor table. Registration as a Vendor only entitles Vendor to the vendor space. Vendors interested in attending the conference sessions must register for the conference separately. 
   1. Code of Conduct. Upon registration, each person signing up through a Vendor for the Marketplace will be required to review and agree to the Conference’s code of conduct. Each individual is responsible for understanding and upholding this code of conduct. 
      
      
6. Table Assignment. Table assignments will be made by the Conference. The Conference will make every effort to accommodate requests. Vendor tables will be labeled by 11:00 AM on Wednesday, November 12, 2025. 
   
   
7. Promotional Materials and Marketing Activities. Vendor agrees that the use and distribution of promotional materials at or around the conference area, in vendor areas or in hotel areas immediately prior to and during the Conference, including, but not limited to flyers, circulars, and souvenirs, is subject to approval by the Conference and must be distributed within the limits of the Vendor’s table space. 
   
   
8. Endorsements by the Conference. Unless expressly indicated otherwise, the Conference does not endorse or assume responsibility for any Vendor and their products and services. Mere participation in the Marketplace does not imply such endorsement. As such, Vendor understands and agrees that they may not advertise or otherwise represent that the Conference endorses its products and services unless such endorsement does in fact exist. An endorsement by the Conference will only exist if there is writing explicitly indicating endorsement, signed by both parties. 
   
   
9. Vendor Property. Neither the Conference, the conference facility, shall be liable for loss or damage to any Vendor property in storage, in transit to or from the vendor building, or while in the Conference building or premises. All property of the Vendor shall be deemed to remain under the Vendor’s custody and control in storage, in transit to or from, and within the confines of the Conference space even though it may at times be under the temporary control or direction of the Conference or the Conference Facility. 
   
   
10. Right to Eject Vendors. Vendor understands and agrees that their attendance and participation at the Marketplace must comply with all provisions of this Contract. If the Conference determines Vendor is in breach of this Contract, the Conference may terminate this Contract and eject Vendor from the show floor without liability to the Conference. Vendor understands that a condition of vending is adhering to proper Vendor conduct at all times while participating in the show. Proper conduct includes, but is not limited to: Vendor staying within the confines of their designated table space and not walking the aisles or Marketplace floor, occupying another Vendor’s table, or distributing materials outside the designated table area. Such activity will be deemed improper conduct and will be grounds for the Vendor being removed from the Marketplace floor at the Conference’s sole discretion. 
    
    
11. Decorations. The Conference reserves the right to approve and determine final placement, arrangement, and appearance of all vendor’s decorations. The Conference is not responsible for any costs incurred by Vendor that may result from compliance with the Conference directives under this provision. 
    
    
12. Food. Vendors may not bring food into the Marketplace hall area or the hotel. 
    
    
13. Damage to Conference Facility. Vendor shall be responsible for all damage to the Conference Facility that is caused from Vendor’s booth display or the acts and omissions of its representatives, agents, or contractors and will immediately reimburse the Conference for costs incurred as a result of such damage. 
    
    
14. Security. Conference will not assume any liability for damage, theft, or loss related to vendor materials or equipment. 
    
    
15. Cancellation. Notice of vendor cancellation must be received in writing by the Conference by October 1, 2025. 
    
    
16. Compliance with All Applicable Rules and Laws. In addition to the provisions of this Contract, Vendor agrees to abide by all applicable rules, regulations, and state and local laws that may be applicable, including rules of the Conference Facility, health, fire, and safety regulations. 
    
    
17. Severability. If any provision or provisions of this Contract are held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 
    
    
18. Choice of Law. This Contract will be construed under the laws of the State of Nevada. 
    
    
19. Entirety of Contract. This Contract and all documents incorporated by reference constitute the entire agreement of the parties and may not be modified or amended in any respect whatsoever without the written consent of the Conference. 
    
    
20. Mediation. The parties shall attempt in good faith to resolve any dispute arising out of or relating to the application/contract by mediation. The mediator will be selected by the parties by mutual agreement. In the event the parties cannot agree on a mediator, each party will name a mediation or alternative dispute resolution company and will instruct the representatives of the chosen companies to jointly recommend a neutral third party to act as mediator. In the event that the dispute remains unresolved after 90 days after appointment of a mediator, the parties shall submit the dispute to arbitration. 
    
    
21. Arbitration. Any dispute, claim, or controversy in law or equity arising out of and between the parties to this application/contract shall be decided by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. In the event of arbitration, a three-person arbitration panel shall be appointed to settle the matter as follows: each party shall choose a person to serve as an arbitrator and those two arbitrators shall mutually agree to a third person to act as an arbitrator. Judgment upon the award rendered by the arbitrators may be entered in any Court having jurisdiction thereof. All arbitration will be held in Las Vegas, Nevada. The substantially prevailing party, if any, and as determined by the arbitrator, shall be entitled to reasonable attorneys’ fees. 
    
    
22. Insurance. Vendor understands and agrees that neither the Conference nor the Conference Facility maintains insurance covering the Vendor’s property and it is the sole responsibility of Vendor to obtain sufficient insurance coverage for such property. 
    
    
23. Outstanding debts. All outstanding debts owed to the Conference must be paid prior to participation in the Marketplace. If such debts remain unpaid at the time of the Marketplace, the Conference reserves the right to exclude Vendor from the Marketplace without liability. Failure of the Conference to exercise rights under this provision will not waive the Conference’s right to full collection. 
    
    
24. Americans with Disabilities Act. Vendor warrants that its planned vendor design and use of table space at the Conference will be in compliance with the Americans with Disabilities Act (“ADA”) and hereby accepts full responsibility for compliance with the ADA. Furthermore, Vendor will notify the Conference and the Conference Facility in writing of any disabled person(s) affiliated with the Vendor who may be attending the Conference and specify the special needs of such person should they exist. Such notice shall be given as soon as Vendor learns such person(s) will be attending the Conference. 
    
    
25. Indemnification; Limitations of Liability. Vendor assumes full responsibility for the acts, omissions, and conduct of its representatives, agents and contractors and agrees to indemnify, hold harmless and defend the Conference, its officers and directors, employees, and agents from and against any and all claims, losses, damages, governmental fines or penalties, and costs or expenses, including court costs, interest and attorney fees of any kind whatsoever arising from such actors or omissions, and conduct, except to the extent that such claims, losses or damages are the direct result of the Conference’s gross negligence or intentional acts. In any event, the Conference’s liability to Vendor under this contract shall be limited to and not exceed the amount of table fees paid by Vendor.