Please read the Terms and Conditions below prior to completing this application:
ZEECO OKTOBERFEST TULSA
TERMS AND CONDITIONS 2026 (DRAFT)
Revised April 27, 2026
Sections 1 – 9 pertain to Vendor information such as Name, Address, Contact Information, etc.
10. CONTROLLING AGREEMENT. All provisions of any understandings between Tulsa Oktoberfest, Inc. (“OKT”), herein after collectively referred to as "Festival," and the party listed in Paragraph 1 (the "Vendor"), are incorporated herein and this Agreement supersedes all prior negotiations, representations, understandings, or other agreements, written or oral by or among any of the parties hereto. No representative of the Festival is authorized to modify or supersede this Agreement orally. This Agreement may only be modified or amended in writing. In the event of conflict between this Agreement and any prior, contemporaneous or subsequent agreement between the parties, it is expressly understood and agreed that the provisions hereof are controlling.
11. CONTRACTUAL RELATIONSHIP. It is understood and agreed that Vendor is acting as an independent contractor in its capacity hereunder. Vendor shall be responsible for all acts or omissions of its employees and volunteers. Nothing contained in this Agreement or in the relationship between Festival and Vendor shall be deemed to constitute a partnership, joint venture or agency relationship between Festival and Vendor.
12. AUTHORIZATION to SELL PRODUCTS. Festival hereby authorizes Vendor to sell the products at prices listed in this agreement (the "Products & Prices"), at the location referred to in your Vendor Letter (the "Premises"), at Zeeco Oktoberfest Tulsa (the "Event") to be held from October 21, 2026 through October 25, 2026 in River West Festival Park, 2100 S Jackson Ave, Tulsa, OK. 74107 (the “Venue”). Festival shall have complete discretion and control over all aspects of the Event, including the conduct of Vendor’s business and the design and layout of the Premises. Festival reserves for itself the exclusive right to sell any and all beverage products; however, Vendor, if it so elects, may sell Pepsi products including water, and must purchase through the Festival. All sales of Products shall be at prices that are reasonable and customary in the City of Tulsa marketing area. Festival reserves the right to specify portion sizes and prices of all Products dispensed by Vendor. At its expense, Vendor shall obtain all licenses and permits that may be required by any public authority for the sale of any of the Products.
13. LIABILITY, INSURANCE AND INDEMNIFICATION. Vendor accepts full responsibility for all liability for damages to persons or property arising out of its use and occupancy of the Premises and sales of the Products there from. Vendor shall deliver to Festival no less than 30 days prior to the start of the Event, a certificate of insurance evidencing general liability insurance with minimum liability limits of not less than $1,000,000 per occurrence, $1,000,000 products liability, and a $1,000,000 general aggregate limit. The policy will be endorsed to include all parties referred to as “Festival” as an additional insured and will be primary over any other valid and collectible coverage available to Festival. (See included listing of Additional Insured to be named
The policy will include contractual liability insuring the indemnity obligation of this agreement. The certificate shall specify additional insured status and waiver of subrogation. The certificate shall state that Festival will be notified in writing 30 days prior to cancellation, material change or non-renewal of insurance. Vendor shall indemnify and hold harmless Festival, their Boards of Directors, the Festival Sponsors, Producers and each of their respective employees, volunteers, and contributors (the "Release Parties"), from any and all damages of any nature whatsoever caused in whole or in part by any act or omission including negligence of the Vendor, its employees and volunteers, even if these damages are caused in part by the negligence of the Release Parties. Insurance may be available through Festival carrier. Please contact our office for more information.
14. VENDOR’S RESPONSIBILITIES. Vendor agrees to conduct its business in a safe, orderly and lawful manner and to abide by all rules and regulations prescribed by Festival or any applicable governing authority, including, without limitation, those relating to: (a) the approval of the prices to be charged; (b) portions of Products; (c) wearing of acceptable uniforms or other garb by all personnel employed on the Premises by Vendor; (d) the names of all persons in charge on the Premises, one of whom shall always be on the Premises when the same are in operation; (e) the hours of operation of the Premises, which shall be the same as the hours of operation of the Event; (f) the preparation of the Products using trans-fat free ingredients, (g) the disposal of refuse; (h) the maintenance of the Premises; and (i) all public health and sanitation ordinances. Vendor shall supervise the Premises using its best skill and attention, and shall be solely responsible for all labor, materials, equipment, tools and other facilities used by it during the Event.
15. VENDOR’S PROPERTY. Vendor understands and expressly agrees that it is bringing all its personal property, equipment and valuables of any sort on the Event sight at its sole risk and further agrees to waive all claims for loss, damage or destruction of said property in favor of the Release Parties. Vendor understands and expressly agrees that the Released Parties are not responsible for providing specific security or protection for any such Vendor property and are not responsible or liable in any way for said property, whether or not such loss is due to the negligence of any Released Party. Should Vendor choose to insure said property, its insurance contract should be amended specifically waiving all rights of subrogation in favor of all the Released Parties.
16. PRODUCT SALES. Vendor shall use Festival provided credit card devices for processing all payments. Under no circumstances shall cash be accepted in exchange for Products. Violations of this clause shall be cause for immediate closure and dismissal from the Event with no refund of Fees. All prices of the Products shall be stated clearly. The Retail Price of the items sold (the price sold to the general public) can be any dollar amount. Sales taxes will be added to all sales.
17. FESTIVAL FEES, TIPS AND BOOTH GUARANTEE
A. FESTIVAL FEE: Festival shall retain 25% of the Vendor's total receipts, net of sales taxes ("Gross Sales") during the Festival (the “Festival Fee”). This Fee shall be exclusive of sales taxes. Festival shall collect sales taxes at the Point of Sale (“POS”) and pay directly to the State Comptroller’s office.
B. BOOTH GUARANTEE: Vendor agrees to pay the Festival the amount of $1,000 (one thousand dollars) per 20’ booth or mobile truck/trailer frontage, or $750 (seven hundred and fifty dollars) per location with less than 20’ frontage as a guarantee against sales ("Booth Guarantee"), in advance of occupying the Premises. The Booth Guarantee shall be credited against the Festival Fee. Should the calculation of the Festival Fee be less than the amount paid for Booth Guarantee, Festival shall retain the full Booth Guarantee.
C. TIPS: Vendor may elect to accept Tips during the course of its sales at the Festival. Tips shall ONLY be collected through the Point of Sale devices provided by the Festival, and ONLY by credit card. CASH CANNOT BE ACCEPTED AT ANY TIME BY VENDOR FOR TIPS OR OTHER SALES. Vendor will receive the net of total Tips collected ("Total Tips") less the credit card processing fees charged to Festival for the use of credit cards at the Festival ("Net Tips")
D. ACCOUNTING AND POINT OF SALE: Festival shall establish and maintain a payment processing account for Vendor’s location(s), which shall document any and all sales and charges incurred by Vendor. Vendor shall have the right to (a) review such account at the Festival’s Finance Office any time during the operating hours of the Event. At the conclusion of the Event, a final accounting of all costs and charges will be made. Vendor will receive a complete accounting of all funds due it under this agreement, and will be asked to sign a settlement form showing all computations and distributions (“Settlement Form”). Payment to Vendor will be made by Tulsa Oktoberfest, Inc. by corporate check (or ACH if so directed), and will be distributed beginning at 2:00 PM on Tuesday, October 27, at the OKT offices, 2121 S Columbia, Suite 215, Tulsa, OK 74114, or other location as specified by the Festival and communicated to Vendor. Under no circumstances will checks be released prior to that time and date.
E. CLEAN-UP FEES: Vendor will be responsible for the proper clean-up of the Premises. Event Compliance Committee personnel will inspect each Vendor location after the close of the event. Should the Premises not be cleaned and vacated in strict accordance with this Agreement, a minimum clean-up charge of $250.00 (“Minimum Clean-Up Charge”) will be deducted from Vendor's Net Sales; however, Festival retains the right to deduct the actual expenses associated with the cleanup at its sole discretion. Vendors whose areas are noted as requiring clean-up at the time of the inspection will be charged regardless of any cleaning done after the inspection. Each Vendor is responsible for removing from the premises all cooking oils, cooking grease and charcoal unless arrangements have been made in advance to have a grease container placed at Vendor's location
18. OCCUPANCY and SURRENDER OF PREMISES. Vendor’s space shall be defined by Festival and shall be made available on an "as is" basis. It is understood that Vendor will inspect the space and take whatever actions are necessary to set up and operate in a safe and secure manner. Vendor agrees to not place his or her booth or other material in any sidewalks or pedestrian lanes, or in advance of any other Vendor in a line of Vendors unless specifically approved by Festival. Vendor further agrees that if any time Festival representatives instruct Vendor to move, Vendor will do so. Failure to comply with this directive will be grounds for dismissal from the event. At the conclusion of the Event, Vendor shall surrender the Premises to Festival in as good condition as they were when first occupied by Vendor. Wear and tear acceptable to Festival is expected. Festival shall cause to be removed any building, enclosures, structures, facilities and tents used in connection with the Event. If Vendor shall fail to remove all of its property and effects (including refuse) from the Premises within two hours after the termination of the Event, Festival may (a) treat such property as abandoned, in which event it shall become the property of Festival; the same without liability to Vendor for loss thereof, and Vendor agrees to pay Festival on demand, any and all expenses incurred in such removal, including court costs and attorney's fees and storage costs; or (b) dispose of such property in any manner considered appropriate by Festival.
19. GOLF CART OR OTHER MOTORIZED VEHICLE USE. The Festival will permit the use of GOLF CARTS or OTHER MOTORIZED VEHICLES no larger than a Gator or Polaris Four Wheel Vehicle; however, the following rules apply: 1) A Permit for the use of the GOLF CART must be obtained from the Command Center prior to its use. 2) Permit must be displayed prominently on the GOLF CART. 3) Only drivers with a VALID DRIVER’S LICENSE will be permitted to operate within the Event’s boundaries. 4) Safe driving must be observed at all times. 5) Carts MAY NOT be driven on public streets at any time, which includes driving outside of the boundaries defined by GOLF CART lanes or crossing points. Warnings will be issued by Festival staff for unsafe driving within the event boundaries. If an operator receives two Warnings from FESTIVAL STAFF, the rights to operate the cart will be revoked for the remainder of the Event. 6) You must make specific, direct arrangements to have the carts delivered directly to your care, custody and control, and to also arrange to have them removed from the Premises no later than midnight on Monday, October 26, 2026. Festival will not be responsible for accepting delivery of any golf carts designated for anyone other than approved Festival staff. Festival will not be responsible for gathering golf carts left by vendors for the purposes of pick-up by cart companies. 7) Any cart remaining on the street by midnight, October 26, will be moved to a safe location and an additional $500 will be deducted from the Vendor’s Festival Fee.
20. ACCOUNTS and RECORDS. Vendor shall maintain complete books of account accurately showing Gross Sales generated at the Event and such books shall be available for inspection and auditing by Festival both during and for a reasonable period following the Event. This includes keeping records for the following: Gross Sales and number of servings sold per day.
21. DEFAULT. If Vendor fails to abide by or is in default under any provision of this Agreement, Festival shall notify Vendor of such default and Vendor shall have a reasonable time to remedy such default, such reasonable time to require immediate action if the Event is about to begin or is in process. If Vendor does not remedy such default, Festival may terminate this Agreement, expel Vendor from the Premises, and re-let the Premises to another party without any further liability obligation to Vendor. In the event Festival does not remedy a default within a reasonable time, Vendor may terminate this Agreement and vacate the Premises without further obligation to Festival, provided it has complied with its obligations under the terms of this agreement.
22. FESTIVAL AUTHORITY. Festival shall have complete authority and control over all aspects of the Event. It reserves the right in its sole discretion to oversee and make whatever arrangements it deems appropriate for security, booth placement, coupon selling, crowd control, clean-up, publicity and any other matters affecting the overall Event operation. Festival makes no guarantees as to any specific level of Event attendance, nor that Vendors will achieve any specified dollar amounts in sales. Festival shall not be responsible for lost, counterfeit or stolen coupons.
23. ACKNOWLEDGMENT of REGULATIONS. Vendor acknowledges it will secure information from the Tulsa County Health Department regarding safe handling and serving of food services, and agrees to comply with the regulations set forth therein.
24. COMPLIANCE WITH LAWS AND EXCLUSIONARY POLICY: Vendor agrees to comply with all Federal, State, Municipal and other laws, ordinances, rules, and regulations applicable to this Event and will work with Festival to comply with its regulations.
Vendor hereby acknowledges notice of and agrees to adhere to the weapons policy established by Festival. Under this policy Exhibitor agrees not to carry any guns, firearms or weapons of any kind while participating in the Event, regardless of whether the Exhibitor is licensed to carry a concealed handgun. An Exhibitor’s failure to abide by the weapons policy shall constitute a default under this Agreement.
In the interest of public safety and welfare, Festival has established a policy relating to crimes of moral turpitude. Moral turpitude for this purpose is defined as an act or behavior that gravely violates the sentiment or accepted standard of the community. Anyone charged with such a crime shall not be permitted to operate a space at the Event until such charges have been completely adjudicated. This policy remains in effect for the duration of the Event. Vendor hereby acknowledges notice of and agrees to adhere to this policy.
This Terms and Conditions above comprise the FOOD VENDOR AGREEMENT, and must be signed and submitted by August 15, 2026, or it will become null and void.