We absolutely agree we need to compensate vendors for the Odditorium Event, and we need to compensate them in a way that all the vendors find fair and satisfactory.
We’d like to apologize to the Village and Mayor of Ballston Spa. While we still have some disagreements, research over the weekend makes it pretty clear that while yes, the promoter is responsible for permittage in general, this case has some clear responsibility on the museum.
However, here’s what happened: On May 6th, we received an email from the town essentially disqualifying 1/4 of our vendors–specifically, our Cannabis vendors. We were directly, SPECIFICALLY told that EVEN if each of those vendors filled out a $300 permit perfectly, the Mayor/Council would still have a good chance of deciding to reject them. And $300/vendor is an impossible permit barrier to entry for an event where a 10′ x 10′ space is $100.
Yes, it’s our job to research all permits, but when the venue tells us there will be no problem, then there’s a massive permitting barrier which essentially makes those sales impossible, we have the legal right in New York to believe them. This is something they already host. They can’t be unaware of those permits. They needed to tell us those permits were required.
This made the event essentially impossible in and of itself.
The Saratoga County Fairgrounds (through the Saratoga County Agricultural Society) has its own Grounds Rental Handbook that sets out very specific requirements. It requires that all events must receive approval from the Village of Ballston Spa at least 120 days prior, and the renter (us) must forward that Village permit to the Society. On top of that, the contract demands full insurance, safety plans, traffic plans, health department reviews (especially for mass gatherings), site plans, and more before they will approve the rental.
We believed, based on our initial conversations with the venue, that we were on track. What became clear is that the full weight of the Fairgrounds’ own process, timeline, and documentation requirements — combined with the Village’s role under Chapter 78 of the Village Code on Amusements and Special Events — created a situation that became impossible to resolve in the available window.
Legal principles involved (New York law): Promoters generally bear primary responsibility for event-specific permits. However, when a venue makes a direct affirmative representation that “there will be no problem” (especially for events they regularly host), this can support claims for breach of contract, fraudulent misrepresentation, or fraudulent inducement. These require showing a material misrepresentation of present fact, knowledge (or reckless disregard), intent to induce reliance, justifiable reliance, and damages. Superior knowledge by the venue strengthens the case.
That, we have.
As this is a public statement, I’ll note that it’s in beta mode while we obviously consult with lawyers. We’ll let the actual law help all parties involved by clarifying this, including giving us at least one potential method of paying all of the vendors, given the conditions of the lawsuit.
Furthermore, to be clear:
Let’s start here: We ABSOLUTELY AGREE THAT WE OWE REFUNDS OR OTHER COMPENSATION WHICH ARE AGREEABLE TO ALL OF THE VENDORS OF THE SHOW. WE’VE ALREADY MADE SOME AGREEMENTS AND ARE SEEKING TO MAKE MORE.
We invite every vendor who desires to contact [email protected] so we can talk. But obviously, we’ll need to speak to ALL the vendors to act fairly.
But also: NO. WE DID NOT FAIL TO TURN IN THE PERMITS. THAT IS NOT THE STORY.
We’re not debating or evading this, nor do we wish to. We’re not arguing this point. However, we do need to come up with a compromise which works for ALL of the vendors. For that, we’d like to speak to any of our vendors who are still uncompensated.
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We do thank you for your time. I don’t have a direct answer, but as long as it does not get hacked again, please start off by emailing me at [your protected email from the original page].
Jeff Mach & the Imagination Team
(Beta version. We will probably make some changes as we get feedback. We’ll tell you if we do.)
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