VenuHub's Elevate: The Morning Sessions

Legal Topics for Event Industry Professionals and Small Business Owners

Photo by Ashleigh Wurzbach

Harvey recently spoke as a guest at VenuHub's "Elevate: The Morning Sessions" on a variety of tops that affect businesses in the event industry. Attendees included venue owners, florists, photographers, wedding planners, food truck owners, caterers and more.

If you are a small business owner in the event industry and find yourself in need of legal advice regarding any of the topics outlined below, please don't hesitate to reach out.

Presentation Outline: Colorado Legal Items for Event Pros

2026 NEW LAWS & EVENT VENUE CONTRACT REVIEW

What to look for, and what to look out for.

New Laws Effective January 1, 2026

■ New Minimum Wages ■ Food Truck Reciprocity ■ Deceptive Trade Practices Act

New Minimum Wages ■ Statewide $15.16 per hour ($12.14 per hour for tipped employees) ■ Denver $19.29 per hour ($16.27 per hour for tipped employees) ■ Boulder $16.82 per hour ($13.80 per hour for tipped employees)

Food Truck Reciprocity ■ Denver Retail Food License ■ CDPHE License ■ Fire Safety Permits 2026 Amendments to Colorado Deceptive Trade Practices Act ■ Disclosure of the “Maximum Total Price” a patron will pay for food or beverage before purchase is made ■ Applies to restaurants, bars, taverns and vintners ■ Requires disclosure of the amount of any mandatory service charge and how that charge will be distributed to nonmanagerial employees ■ Comply by:

- Disclosure prior to purchase (menu, wall, wait staff)

- Bold, capital and language specific

- Penalty for not complying could be class action

2026 Contract Review Issues (Disclosure of Markups)

■ Best Practice: comply with new deceptive trade practice act ■ Part Two of CDTPA applies to landlords ■ You are a hybrid ■ How to disclose: bold, caps, large font and initials

Federal Deceptive Trade Practices Act and Non-Disparagement Clauses

■ Do you have a non-disparagement clause (A/K/A “Gag Clause”)in your contract? ■ What is it? A non-disparagement clause is a contract promise from one or both parties to refrain from making negative comments about the other party in public. ■ What is the practical effect? It prohibits a client from giving you a bad Google or Yelp review.

Consumer Review Fairness Act ■ Part of the Federal Deceptive Trade Practices Act ■ Protects a client’s ability to share honest opinions about your product or service, even in social media ■ Penalties are enforced by either the Colorado Attorney General or the Federal Trade Commission ■ Prohibits any clause in a contract that: – bars or restricts the ability of a party to the contract to post a review of the other party’s products, services or conduct; – Imposes a penalty or a fee against someone who provides a review; or, – Requires a party to give up their intellectual property rights in the content of their reviews

■ Applies only to “Form Contracts.” What is that? (It is a defined term in the statute.) ■ A “Form Contract” is a contract that:

– Contains standardized terms used by a company in the ordinary course of selling or leasing the company’s goods or services; and,

– Is imposed on a consumer without any meaningful opportunity for such consumer to negotiate the standardized terms ■ Does not apply to employment agreements or independent contractor agreements

■ Is your contract a Form Contract?

– Does your contract contain standardized terms? Are they pre-drafted, consistent terms and conditions that you use repeatedly across several transactions?

– Do you offer any meaningful back and forth regarding the terms of your contract?

– Do you send via electronic transmission in a locked format for signing?

– If yes to these, it’s probably a Form Contract and the non-disparagement clause should be removed.

Deposit Clause

■ What does your deposit clause look like?

■ Most is up to you, as long as you are specific and upfront about what you’re doing

■ Make sure it addresses various situations where the contract could be terminated.

Spell out as much as possible: – Under what circumstances will the deposit be refunded

■ If Client breaches = easy (keep it)

■ If you breach = easy (return it)

■ If nobody breaches (Force Majeure) = decide in advance and spell it out clearly

What to address in your deposit clause:

1. If there is a refund to the client, will any admin. fees be deducted?

2. Will interest accrue on the deposit?

3. Will it be held in a separate account from your operating account?

4. Include language allowing you to seek further damages (allowed under Colorado Supreme Court caselaw)

Attorney Fee Clause -

In or Out

■ What Is It?

■ Fee shifting provision in a contract that allows for prevailing party to litigation to collect their damages AND the money they paid to their attorney

■ Reasons to Keep it In

■ Reasons Not to Have It

Photos by Ashleigh Wurzbach

Harvey would be happy to discuss any of the topics above with you. Please reach out for a consultation. Also, if you are interested in joining the fantastic organization that put on this event, please contact:

Dawn WilliamsFounder & Chief Experience OfficerVenuHub + VendrHub Denver, CO 303.525.3021 venuhub.com | vendrhub.com dawn@venuhub.com LinkedIn