CONDITIONS

1. No implied rights or reservations are granted as to camping, use of picnic shelters, or other facilities. Admission is on a first-come, first-served basis.
2. All participants in the event agree to abide by and obey all rules and regulations of Ken-Caryl Ranch Open Space (KCROS), and any other applicable regulations.
3. All signs, banners, and markers must be temporary and installed only with permission from open space staff. They must be approved by the Ken-Caryl Ranch Master Association (KCRMA) Architectural Review Committee two weeks prior to the event, may be placed no sooner than the approved number of days before the event, and must be removed at the conclusion of the event.
4. Approval to hold this event does not imply that extra services will be provided, nor does it place any additional liabilities on KCRMA or the Ken-Caryl Ranch Metropolitan District (KCRMD).
5. The permittee agrees to provide flyers regarding the event one week prior to the event if open space staff determines it is necessary to minimize conflicts.
6. The permittee agrees to hold harmless and indemnify KCRMA and KCRMD, and their respective directors, officers, employees, agents, and associated parties (collectively, the “Protected Parties”), from any claim, loss, liability, damage, death, or injury (including attorneys’ fees incurred by the Protected Parties in defending the same) to persons or property occurring as a result of this event.
7. The permittee shall supply all necessary manpower and equipment to safely conduct the event and shall be responsible for any and all damage to open space resources and/or facilities resulting from the event.
8. All county and state statutes apply.
9. The event area must be cleaned up and restored to its prior condition.
10. KCRMA reserves the right and authority to amend or cancel this permit at any time if the applicant fails to comply with agreed-upon conditions or if public health, safety, and welfare require it.
11. The permittee may be assessed an Event Fee for extra services provided by KCRMA. Payment, if required, is due upon submission of this application unless other arrangements have been approved.
12. The event must be held within established open space hours.
13. This permit does not grant exclusive use of the site. The permittee shall ensure that the rights and privileges of other open space users are respected.
14. The permittee must demonstrate possession of all applicable permits at all times during the event and present such permits upon request.
15. If approved, motor vehicle use may be denied on the day of the event if trail or road conditions are muddy. The permittee also agrees to mark vehicles with pre-approved signage supplied by the permittee.
16. Equestrian events: If approved, the permittee agrees to remove manure from the trail tread within one hour of the end of the event. Groups may not exceed 12 horses and riders. Larger groups must be divided into smaller groups with ten minutes of separation between groups.

FEE

Upon approval of your event application, a $25.00 fee is required unless the activity is approved as a non-fee event.

If additional fees are required to facilitate your activity, you will be notified by appropriate staff. If additional fees are agreed upon, they will be itemized and invoiced. Payment on the first invoice is due prior to your event. Payment on the second invoice (if required) is due upon receipt of the invoice.

Fees may include:

1. Permit fee with a minimum charge of $25.00.
2. A percentage of profits generated within open space: 5% of gross revenues or a negotiated flat fee.
3. Operational fee to reimburse KCRMA for staff time and equipment if assigned to your event: Ranger/Maintenance services at $25.00 per hour.

INSURANCE

If determined by KCRMA and KCRMD, the responsible person holding the event shall submit a Certificate of Insurance indicating coverage in the following amounts:

Workers’ Compensation:

• Statutory (if required by law)
• Employers Liability Limits:
  • Bodily Injury by Accident – Each Accident: $1,000,000
  • Bodily Injury by Disease – Each Employee: $1,000,000
  • Bodily Injury by Disease – Policy Limit: $1,000,000

General Liability Limits:

• $1,000,000 Each Occurrence Limit
• $1,000,000 Personal Advertising and Injury Limit
• $300,000 Fire Legal Liability Limit
• $2,000,000 General Aggregate Limit (other than products–completed operations)
• $2,000,000 Products and Completed Operations

Comprehensive Automobile Liability:

• $1,000,000 Combined Single Limit

Commercial Umbrella:

• Umbrella limits must be at least $1,000,000

Permittee insurance shall name KCRMA, and if appropriate, KCRMD, as Additional Insured on the general liability, automobile liability, and umbrella liability coverages. Coverage shall apply as primary and non-contributing insurance before any other insurance or self-insurance, including any deductible, maintained by or provided to the Additional Insured.

All policies shall contain a Waiver of Subrogation on behalf of KCRMA, and if appropriate, KCRMD. Policies shall also specify that KCRMA, and if appropriate KCRMD, will be provided with 30 days’ notice of cancellation or non-renewal, except 10 days’ notice for non-payment of premium.

The permittee shall provide a Certificate of Insurance confirming the required coverage to KCRMA at least five (5) days prior to the event. KCRMA reserves the right to amend these requirements depending on the type of event.

PROOF OF INSURANCE MUST BE SUBMITTED TO KCRMA PRIOR TO THE EVENT.