Fair Booth Rental Application and Agreement

Application and Payment due by June 30, 2026

$50 Late Fee will be charged for applications submitted July 1-31

$100 Late Fee will be charged for applications submitted August 1-30

$150 Late Fee will be charged for applications submitted September 1-15

This Hold Harmless and Indemnification Agreement ("Agreement") is made and entered between Otero County Fair and Rodeo ("Fair & Rodeo"), located at 401 Fairgrounds Rd, Alamogordo NM, 88310 and the undersigned vendor, exhibitor, or rodeo contestant ("Participant").

WHEREAS, Participant desires to participate in activities, exhibit, or vend at the Otero County Fair; and 

WHEREAS, Participant acknowledges the potential risks associated with participation in fair activities, including but not limited to injuries, loss of property, or other damages. 

NOW, THEREFORE, in consideration of being permitted to participate in the Otero County Fair & Rodeo Participant agrees to the following;

 1. Assumption of Risk

Participant understands and acknowledges that participation in fair activities involves inherent risks of injury, loss, or damage. Participant voluntarily assumes all such risks. 

2. Release and Waiver

Participant hereby releases, waives, discharges, and covenants not to sue the Otero County Fair Association, its officers, directors, employees, volunteers, agents, and representatives ("Released Parties") from any and all liability, claims, demands, causes of action, damages, or injuries, including death, arising out of or in any way connected with Participant's participation in the Fair, whether caused by the negligence of the Released Parties or otherwise. 

3. Indemnification

Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, or expenses (including attorney's fees) that may arise out of or relate to Participants participation, including but not limited to injuries to persons, loss or damage to exhibits, equipment, property, or other belongings. 

4. Property Damage

Participant acknowledges that they are responsible for any damage caused by their actions to the property of the Fair, other participants, or third parties. Participant agrees to be solely responsible for repairing or replacing any property damaged as a result of their participation and to hold harmless the Released Parties from any claims or liabilities arising out of such damage. 

5. Medical Treatment

In the event of an injury or emergency, Participant authorizes the Fair & Rodeo to secure medical treatment deemed necessary and agrees to be responsible for any costs incurred. 

6. Governing Law

This Agreement shall be governed by and constructed in accordance with the laws of the State of New Mexico. 

7. Binding Effect

This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, and assigns.

 ADITIONAL FEES:

Any damages incurred by the vendor to the event property, including electrical equipment or booth space will be identified at the time of post-even area inspections. Vendors will be billed for repair or replacement costs. 

ELECTRICAL NEEDS:

All booth prices include one (1) 120v/20-amp circuit cord drop within 50' of the booth. Food truck, concessions or trailer spaces which are located on the southeast and southwest side of the Pavillion have one (1) 30-amp cord drop available. Vendors are required to provide their own extension cords and in the event of a power failure, Vendor is responsible for their own back-up power. All cords must be grounded (3 prong UL approved). 

• INDOOR BOOTHS: NO GUARANTEE OF ELECTRICAL SERVICE- if available at your booth, usage must not exceed 110-volts/15 amps.
• OUTDOOR BOOTHS: Lighting near the stage at night is subject to change (may be turned off to enhance stage performances). Please come prepared with ample lighting for your booth in the event you are placed near the main stage under the pavilion. 
  PAYMENT TERMS:

Vendor agrees to pay the rent specified for the booth size and electrical requirements the Vendor selects in this agreement. All fees are due no later than June 30. 2026. If rental fees are not paid in full by the deadline, the booth may be offered to another vendor. The Fair Office accepts Payments online with completed application only. NO REFUNDS WILL BE GIVEN IF VENDOR CANCELS WITHIN TWO WEEKS OF THE EVENT. 

CERTIFICATE OF INSURANCE:

Vendor agrees to submit a Certificate of Liability Insurance to the Fair Office no later than September 1 of the current year. The certificate must confirm a minimum of $1,000,000.00 of insurance coverage naming Otero County, Otero County Fair Association, and City of Alamogordo as additional insured under the Vendor's policy. If all three additional insured requested do not appear on the certificate, or if the coverage does not meet the minimum coverage described above, their certificates will be rejected and may cause the Fair Office to void this rental agreement with the Vendor. Contact the Fair Office at 575-434-0788 for assistance in securing insurance. ALL VENDORS, regardless of type, business, items sold, informational booths, non profits, etc. MUST have insurance as detailed above. There are NO exceptions. Vendors who do not have proof of insurance to the Fair Office by September 1 of the current year may not be allowed to participate in the event. 

HOLD HARMLESS:

Vendor further agrees to indemnify and hold harmless Otero County, Otero County Fair Association, the City of Alamogordo, and their respective employees and board members against any claim or action for any cause. 

FOOD VENDOR REQUIREMENTS:

Every food vendor MUST obtain a food permit from the New Mexico Environment Department (NMED) to be eligible to operate a temporary food establishment during the Otero County Fair. This includes but is not limited to annually permitted restaurant food establishments that do NOT have a catering permit, charitable or non-profit organizations, and all food vendors permitted outside the State of New Mexico. For information on permit applications and fees, please contact the NMED Alamogordo Field Office 

New Mexico Environment Department Alamogordo Field Office

811 E. First Street Alamogordo, NM 88310

575-437-7115

https://www.env.nm.gov/foodprogram/wp-content/uploads/sites/8/2023/07/Temporary-Food-Establishment-Application-_03212016-Final-Rev-03.pdf

Food vendors will be required to submit a copy of their NMED food permit to the Otero County Fair Office no later than September 1 of the current year. Approval of Temporary Food Establishment (TFE) permit applications can take up to 10 business days, therefore, be sure to apply in plenty of time to have an approved certificate to present to the Fair Office by the deadline. If you have an annually permitted or unpermitted, self-contained mobile unit (e.g ... food trucks and trailers) note, fees for permit applications must be made in the form of a check or money order to NMED (i.e., cash is not accepted). 

NMED staff may conduct a food establishment inspection of any food booths, trucks, or trailers prior to opening and at any time for the total duration of the Otero County Fair. All rules and regulations must be followed during the total length of the hours of operation during the Otero County Fair. OCFA management will also closely monitor all food vendors. Any food vendor that is not compliant with NMED inspectors or contractual agreements made with the OCFA management or fails to adhere to the Rules and Regulations may be subject to additional enforcement action to include but not limited to closure and/or a $250 fee. Per OCFA, violators will not be allowed to re-apply for subsequent years of the Otero County fair. 

All food vendors must ensure they have the appropriate permits (if required from the City of Alamogordo). The Otero County Fair operated within city limits and vendors who do not have the proper permitting with the City of Alamogordo may be removed from the event. Please call the City Clerk's Office at 575-439-4100 to determine your specific permitting requirements. City staff and/or Fire Department will be onsite during your booth set-up and during the event to inspect for proper permitting. Permitting can take up to two weeks to complete so obtaining this early is necessary. Proof of proper permitting will be due by September 1 of the current year. 

Food vendors are to sell ONLY the items/merchandise for which they have been approved during the application process; any deviation from the approved menu must be cleared by NMED and OCFA. Any menu changes that have not been pre-approved may result in the loss of participation. ALL SALES OF BEVERAGES ARE PROHIBITED to include soda, water, fresh squeezed fruit drinks, juices, and teas during the Otero County Fair.