Carousel of Happiness Organizational Manual Updated: 15 July 2014

Contents Carousel of Happiness Organizational Manual ............................................................................................. 1

Mission ...................................................................................................................................................... 2

Vision (from the Case Statement, Feb, 2009) ........................................................................................... 2

Policies .......................................................................................................................................................... 3

Gift Shop Policies ...................................................................................................................................... 3

Customer service policies ......................................................................................................................... 4

Image Copyright Policy ............................................................................................................................. 6

Copyrights and Trademarks – Notes from Scott ....................................................................................... 6

Intellectual Property Policy ....................................................................................................................... 7

Policy on Adult Business Interaction ......................................................................................................... 7

COH Policy: Online Accessibility of Materials ........................................................................................... 8

Online Voting Policy of the Carousel Board of Directors .......................................................................... 9

Board of Directors ....................................................................................................................................... 10

Officers .................................................................................................................................................... 10

Participation Expectations of Board Members ....................................................................................... 10

Board Motion (by Doug) ......................................................................................................................... 10

Committee / Board Structures ................................................................................................................ 10

Board Recruitment .................................................................................................................................. 11

Board Members – Past and Present ....................................................................................................... 12

Personnel .................................................................................................................................................... 12

Carousel Administrator: Job Description ............................................................................................... 12

About Scott and the Carousel ..................................................................................................................... 14

About Scott (from the Case Statement, Feb, 2009) ................................................................................ 14

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Vision (from the Case Statement, Feb, 2009) ......................................................................................... 15

A Vision and Hope for the Carousel of Happiness .................................................................................. 17

Carousel History (from Case Statement, Feb, 2009)............................................................................... 18

Turning New Wood and Old Metal Into Pure Joy (2004) ........................................................................ 18

Architecture ............................................................................................................................................ 23

Operations .................................................................................................................................................. 24

Operations Checklist ............................................................................................................................... 24

Appendices .................................................................................................................................................. 25

Articles of Incorporation ......................................................................................................................... 25

IRS Determination Letter ........................................................................................................................ 27

Carousel of Happiness Party Use Agreement ......................................................................................... 27

Mission The Carousel of Happiness has been created to bring joy and art to all who enter. All profits and

donations after operating costs benefit people in crisis and those with special needs.

Vision (from the Case Statement, Feb, 2009) The Carousel of Happiness is:

An outpost of simple joy. A place where mature riders can recapture carefree moments of their youth,

and where young people can take their first spin on living history.

A unique architectural statement to energy conservation that will inspire all who visit to be more

responsible energy consumers. The building will be LEED-certified and will serve as a demonstration

building for green, energy-saving technologies. Heat will be provided by solar-heated, radiant floors.

Electricity will be generated by solar panels. A mix of recycled and environmentally-friendly materials

will be used throughout the building.

A positive, signature attraction for the Town of Nederland, Boulder County and Colorado. Carousels

across the country have had a beneficial impact in their respective communities. Locally, we anticipate

the carousel’s presence will attract additional revenue for local businesses as passers-through stop to

ride. We believe the carousel will become a destination attraction for many, and we plan to attract vans

and buses of visitors of all ages.

A unique, participatory exhibit of folk art. The 36 carousel animals were born of Scott’s imagination – a

labor of love that took 22 years and counting. He designed and carved each of them from basswood and

decorated them with acrylic paint – techniques used by carousel carvers for more than a century. The

collection includes a horse, lion, tiger, pig, dolphin, dragon, great blue heron, cow and lots of whimsical

surprises.

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A place where education is fun, where a carefree past meets the modern reality of the need to

conserve energy for the survival of the planet. Scott will make a portion of the public space available for

educational displays and demonstrations.

A community place to share art, poetry and literature. Inspired by Scott’s carved animals and

decorations, the carousel building includes a 992-square feet room dedicated to the sharing and

enjoyment of the arts. Artists and authors from Nederland and beyond will have a place to share their

talents with the community.

A destination for people with disabilities honoring the carousel’s history of service. Although the

carousel originally was operated at Saltair amusement park near Salt Lake City, Utah, from 1910 until

1959, it graced the grounds of the Utah State Hospital for people with mental disabilities for 27 years

until 1986, when Scott purchased it and moved it to Nederland in pieces. To honor that part of its

history, Scott envisions inviting people with disabilities to visit the carousel in groups or individually. The

building is carefully designed to serve people with disabilities. The carousel has been adapted to

accommodate several people with disabilities at once. A gigantic wooden gorilla sits ready to put his arm

around riders who use wheelchairs.

A sustainable outpost of joy and giving for Colorado children. The Carousel of Happiness was conceived

as an instrument of giving. It will give joy to all who ride, watch the galloping art, and listen to the

historic music, to be sure. But it will also be an instrument of giving succor to Colorado children deprived

of joy in their lives for a myriad of reasons. The carousel board of directors, or a separate foundation

established for the purpose, will oversee the distribution of all profits after operating expenses to

organizations and institutions that serve underprivileged and aggrieved children. Profits will come from

riding fees, a small gift shop inside the carousel building, and proceeds from special events held in a

room designed for this purpose.

A living piece of American history: The 1910 Charles Looff carousel that is the heart of the Carousel of

Happiness is one of only about 150 surviving carousels from 4,000 built during the golden age of the

American carousel (1880-early 1930s). American craftsman borrowed the basics from Europe, but

American carousels quickly surpassed their old world cousins in imagination and style. Carvers moved

beyond horses to animals of the jungle, farm, forest and mythology. The Carousel of Happiness is true to

this quintessential American tradition. Scott let loose his whimsical imagination to design the animals

and hand carved them according to tradition from basswood, the wood from the Linden tree. When

Scott throws the switch on the original motor, and the reborn carousel jumps to life for the first time,

the Carousel of Happiness will rejoin a rich legacy of American culture.

Policies

Gift Shop Policies New Orders

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Carousel Shop Manager is responsible for the inventory count, reports to consignors, ordering new

merchandise and organizing the gift shop. All new merchandise orders that the shop manager places will

be approved by the Director before placement.

Organization of items in the Carousel Shop

No major reorganization of Carousel Shop merchandise will be undertaken that is not in direct co-

operation and in the presence of the gift shop manager. This include gift shop volunteers, artists or any

other interested parties.

Purchase of Merchandise

A. The philosophy/business goal of the Carousel Shop will include:

1. That the shop be a major means of financial support of the operation of the Carousel of

Happiness.

2. That the merchandise in the shop reflects the mission of the carousel -- in that it promotes

individual accomplishment, creativity and unique contribution, either on the part of the creators

of the merchandise, or lead to such goals for the purchasers of the merchandise.

3. That the merchandise in the shop include an emphasis on the well-made, use sustainable

materials/components whenever possible, and thematically express the whimsey and fun of the

carousel.

B. The Carousel Shop will have the following priorities in purchasing wholesale merchandise for sale

in the shop:

1. Locally produced by handcrafters

2. Front Range/produced by handcrafters

3. National/produced by handcrafters

4. International/produced by handcrafters

5. Locally produced by a business

6. Produced by a state business

7. Produced by a national (US Made) business

8. Made by an international business with fair trade designation

9. Made by an international business with union made designation

10. Made by an international business with documented safe workplace practices (no sweat)

11. If origin of product is unknown, it will be purchased only if the following criteria are met:

a. the product cannot be procured from a known source and it is an essential product for

the store.

b. all other prices quoted are completely prohibitive of purchase for shop inventory.

Customer service policies Approved by the Board of Directors April 5, 2010

Disruptive customers

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Based upon the original mission of the Carousel of Happiness, the purpose of the business is primarily to

make a place of joy and fun, and our secondary intention to raise enough money to keep the place

operating and have some to share with charitable concerns as well.

Therefore our overall customer service attitude is keyed around a welcoming, kind and non-judgmental

atmosphere. This, however, means that if any individual has a personal problem or is in a situation that

causes disruption to the group of customers as a whole, that situation needs to be diffused in a way that

offers the least disrespect, but solves the problem quickly.

Employees are therefore asked to bring in the administrator if the event is in the Annex, and the

Operator if the event is in the House, immediately when there is a problematic situation so that the

administrator can use his or her diplomatic abilities to isolate and solve the situation, and the employee

can continue to make sure the rest of the visitors can be distracted back to having fun. The Operator is

free to bring in the Administrator or Coordinator at any time so the s/he can get back to operating the

carousel as needed.

If diplomacy will not work on the situation, the last resort is to call the police.

Refunds

It is hard to imagine that anyone would ever ask for a refund for a carousel ride after the ride has taken

place, but I suppose that would be possible.. Again, rather than deal with such a negative situation in

front of all these other visitors, if someone is unhappy and wants their money back, call the

administrator and have the customer spoken to separately from the other people. Within reason, give

them their money back.

Our general refund policy will be to take back unused tickets (for example: we bought 20 tickets but

don't have time to use them today and aren't sure we can come back – can we return them? Yes.)

and merchandise to the gift shop if returned with the receipt and still in resaleable shape. If the item has

obviously been used, or being returned without a receipt, it will be up to the administrator to make the

call about the situation. For example, if it's pretty obvious that the thing was not stolen and they really

obviously lost their receipt, the administrator or operator can make an exception and refund the money.

The administrator should use their best judgment and remember that the customer is always right –

except when they are obviously taking advantage of us.

Encourage volunteers that, if they aren't 100% comfortable with a refund request, to call the

administrator.

Children left unattended

A sign will be posted at the entrance to the Carousel House that “Children under the age of 8 must be

accompanied by a parent or guardian.” However, should there be people who ignore this sign, we will

have to take specific measures:

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If the operator or assistant notice a child who seems to be specifically alone, repeatedly riding or

hanging around without an obvious adult in tow, he should let the administrator know that this is the

case. The administrator should come and speak to the child, and determine if this is indeed the case.

The administrator will supervise the child until the parents return. If the child can provide information

such as his name and address, or if he knows where his parents have gone, attempts will be made to

reach the parents. When the parents do return, they will have to come up to the office to pick up their

child, and will be reminded that the policy is that children must be accompanied... hopefully that

exercise will be enough to convince the parent not to let this happen again.

If the child is left for more than one hour and there is no clue as to the child's identification, the police

will be contacted. Outside of those parameters, the administrator should use her judgment.

Image Copyright Policy Carousel images, logo and name are unique/folk art and these images belong to the Carousel of

Happiness, LLC., organization.

The Carousel of Happiness Board of Directors hereby establishes the policy that any artist,

manufacturer or printer that intends to sell or distribute any merchandise, printed material or art pieces

that feature the above iamges or name is asked contact the Director of the Carousel of Happiness to

reach an agreement for this distribution.

The agreement can consist of a maximum of a $50 or less flat fee for the use of up to 500 replications of

the image, whether on the same item or different items. For some non-profit use, the fee may be

waived. However, in all cases, the words: “Image used with the permission of the Carousel of Happiness,

Inc. Nederland, Colorado, Carouselofhappiness.org” must appear.

The Carousel of Happiness retains the right of refusal for any use of their copyright images that does not

meet the approval of the Carousel Director, either through a matter of taste, proper use or any use that

could be viewed as demeaning or contrary to the mission of the Carousel of Happiness.

The negotiation of the said flat fee is the responsibility of the Carousel Director. If any question persists

or is left unanswered, application may be made to the Carousel Board of Directors for further

consideration.

Passed by the Carousel Board of Directors on_____________________________________

Signed by Board President___________________________________________

Copyrights and Trademarks – Notes from Scott I was asked about trademarking the animals. Actually, we have a trademark for our logo and name. This

is a common law trademark which our attorney says is fine. It didnt cost us anything but requires us to

put a small TM next to every use of the name and logo.

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The animals should be copyrighted not trademarked. We should use a small c in a circle when we use an

image of each animal. This would cost us nothing and again, would be a common law copyright which

should be all we need.

Intellectual Property Policy The Carousel of Happiness, Inc., a 501(c) 3 organization registered with the IRS (20-3584335) and the Colorado Secretary of State, has trademark rights in its name, “Carousel of Happiness” and its circular logo which includes an image of a boy riding a zebra. These trademarks cannot be used without express permission of an authorized representative of the organization, Carousel of Happiness. In addition, the Carousel of Happiness has over 60 uniquely designed and carved wooden sculptures. The environment within the carousel building incorporates other unique designs. We encourage our guests to take photos for private use but ask that any proposed commercial use of photos or art representing the unique aspects within the Carousel of Happiness building be submitted to the office manager at the carousel for approval. The following steps represent our process to protect the use of images derived from the Carousel of Happiness. (We = Carousel of Happiness, Inc.) 1. We require that any person or entity who wants to use one of our images, i.e. a photograph of one of the animals, for commercial purposes, to first ask permission by submitting that image to the office manager at the office of the Carousel of Happiness and to explain the proposed use of the image(s). 2. We will expedite the review and approval/disapproval process for the product/s and their proposed use before commercial use. 3a. Upon approval, we ask that the image is used along with the following attribution: Carousel of Happiness, Nederland, Colorado, www.carouselofhappiness.org or some version which fits with the proposed use of the image. The intention of the organization is to ensure that wherever such an image is used, it will be identified as coming from the Carousel of Happiness. or 3b. If the organization deems that the use of the image from the Carousel of Happiness is not appropriate to the goals and best interests of the Carousel of Happiness enterprise, we require that the proposal not go forward.

Last edit: September 10, 2012

Policy on Adult Business Interaction

The Carousel of Happiness is a non-discriminatory and inclusive business in hiring, vending, providing access, and all other aspects of doing business. However, in deference to community standards, some limitation will be put on the promotion of products that are meant only for adult consumption via publication of business names and logos. Thus: Carousel of Happiness Policy on "Adult Businesses" regarding fundraising and public acknowledgment of donations Definition: An "Adult Business" is any business for which the main income of the business is derived from a product that is limited by the government by age. These include alcohol, medicinal cannabis and

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cigarettes. Businesses that fall into this description include Liquor Stores, Marijuana Dispensaries, businesses that promote smoking tobacco (i.e. “Smoker Friendly”), Adult Entertainment. Donations: Donations may be accepted by the Carousel from any legal business or individual. Soliciting donations: No individual representing the Carousel under the age of 21 will be sent to any of these establishments to seek donations. Acknowledgment of donations: The logo of any of these business can be included on equal footing with the other logos of businesses on any banner, flier, poster or other public acknowledgment of sponsorship when appropriate. The legal name of the business may be used in whole, but businesses are urged to keep potentially objectionable symbols out of the logos provided for said use, such as images of drinks, bottles, cannabis leaves, cigarettes, pole dancing, etc. Sponsorship of events: None of the Adult Business concerns will be approached for sole or limited sponsorship of a carousel event in which the name(s) of the business will be featured above the title of the carousel event or singled out: i.e. "____________________ presents the Donor's Thank You Party.”

COH Policy: Online Accessibility of Materials Reviewed by Director (Katrina), Technology Committee (Jeff, Spaff), Board Governance Committee (Spaff & Lois), and then adopted by the board (fall, 2014)

Summary: Establishes which documents should be available online and of those, which should be publically available and which should be restricted (either by password or site login).

This proposal was created with board-related resources in mind, but could be extended in the future to include resources for operators and volunteers.

COH Board of Director Resources page (/board)

Shows an outline of what is available; this page would be accessible to the public but not published on the website menu (i.e., you would need to be know the URL to find it). The page would have links to the following:

BOD Documents - Public

BOD Documents - Restricted

BOD Resources - Public

BOD Public Documents (/board/public/)

This page will show some or all of the following documents (? Should be discussed further)

Names of current board members

Articles of Incorporation

By Laws

IRS 501 c3 Approval

Minutes of all meetings

Director reports (?)

Organizational Policies and Procedures Manual

Operators Manual (?)

BOD Private Documents (/board/private)

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This page is password protected and shows any materials containing information of a sensitive or personal nature.

Board meeting packets

Financial reports

Contact information for board members

Current committees and names of committee members

Names/contacts of potential new board members

Board Application

COH Letterhead, Seals, Logos

COH Animal Artwork

BOD Resources (/board/resources) - A list of resources for board members (generally consisting of links to other sites)

Format of Online Materials: as far as possible, in both PDF and Rich Text Format (rtf)

Online Voting Policy of the Carousel Board of Directors Passed by the board on Dec. 2, 2014

To facilitate online discussion and resolution of issues being addressed by the Board of the

Carousel of Happiness. General Procedure:

1. All emails and replies to emails are to be addressed to all board members (Reply to All).

2. The Subject of the email should identify the topic and call to action, e.g., ‘COH Please

Reply: Proposal for Online Voting Policy’.

3. All board members must reply/vote within 5 days.

4. The Secretary will keep track of all responses. If a board member has not responded,

then they are in BIG TROUBLE with the Secretary, who will chase them down riding a

[which Carousel animal is the fiercest?].

5. A result is not declared until all members have replied to the email.

6. The Secretary will record the vote in the minutes of the next meeting; the names and

votes of all board members will be noted.

Specifically

7. Topics presented to the board via an email should outline the scope of the issue, pros

and cons, a proposed action, etc., as appropriate.

8. As appropriate, more information can be gathered, a motion can be proposed, or a vote

can be taken.

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Board of Directors

Officers President, Treasurer, Secretary

Participation Expectations of Board Members Adopted by the Board,21 July 2014

Physical participation is required at 3 board meetings per year. Virtual participation can include telephone or video conferencing.

Participation (virtual or physical) is expected at 8 meetings per year.

This policy should be reviewed annually and revised as needed.

Board Motion (by Doug) That board of directors will collectively be responsible for formulating policy, keeping the carousel on

track with its mission, safeguarding the carousel’s financial well-being, and overseeing the director.

That each individual board member will bring a needed expertise to the board and will be responsible,

usually by chairing a committee, for overseeing programs in his or her area(s) of expertise. The number

of board members at any given time will be determined by the number of such specialized areas of

expertise as determined by the board.

That each board members should be elected to 2-year terms with roughly half of members elected in

January of every year. The board chair will serve for a one-year term followed by a “past chair”

designation for one year.

Committee / Board Structures Committees over the years have included

Board Chairman Coordinates board activities and meetings Executive / Governance Committee

Prioritize Director Supervisor Board Recruitment Committee

Develop a recruitment process Fundraising Grant writing (Nancy will take the lead here) Newsletters, beg letters Work with events committee on fundraising event planning Donor database Marketing Website Rack card distribution Art, env, history, general audiences Media

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Events Periodic and holiday events One or two major fundraisers per year Carousel festival (if we decide to repeat it) Financial / Budget Provide oversight and assist Nancy with books, budgets etc Mechanical Oversee safe maintenance of the carousel Illustrator (George Blevins) Strategic Planning

Plan a retreat, look for facilitator

Board Recruitment Board Recruitment Process

I. Informal meeting to introduce the role of board members

1. Possibly discuss the motivations of board members: giving, supporting, pleasure,

philanthropic, satisfaction, meaningful, looking back on your life

2. Discuss activities and obligations:

Terms and term limits (currently, 2 year terms, no limit),

Monthly meetings: attendance at at least 8 (of typically 11) board meetings (and

physical attendance at at least 3 meetings; the remainder can be virually attended)

Committee work - bringing something unique to the board

Possible attendance at a Social Venture Partners (or equivalent) training during ones

term

Financial obligations of board members: a ‘meaningful’ contribution, something that

you ‘feel’, or perhaps the amount given to the Carousel is in the top 3 of contributions

made in a given year

3. Discuss board needs and committee needs; individual skills and ways to contribute

4. If board activity is not possible in the circumstances, consider committee work

II. Provide an application to fill out (this can occur after the initial meeting)

III. Invite prospective board member to a board meeting.

IV. Review applications

V. Ask for a commitment (contract?). E.g., Will attend 80% of meetings, will make a meaningful

contribution, will serve on a committee, etc.

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Ideas about Approaching Board Members (from Ellen)

We are fortunate that we don’t need to ‘sell’ the Carousel. Here’s what might work:

1. Express and acknowledge how busy everyone is …

2. ‘But, you would be so good at it, ….’ given your skills with ….

Board Members – Past and Present Scott Harison ()

Doug Cosper (2008–10?)

George Blevins

Lori Kinzcel

Beth von Fisher

John Hatch

Janette Taylor

Susan Schneider

Deb Whisenant

Lois Ott (Dec, 2012-Nov, 2014)

Jimbo McClelland (Dec, 2012–Jul, 2014)

Spaff Ackerly (Mar, 2014-Feb, 2016)

Pat McMillan (Apr, 2014-Mar, 2016)

Personnel

Carousel Administrator: Job Description

Date: June, 2012

Reports to: The Carousel of Happiness Board of Directors

Position Summary: The Carousel Administrator oversees operations as a whole, hires and supervises all employees and volunteers, (although accedes to the decisions of the Operator as to the decisions relating to the Carousel House), assures overall smooth and efficient operation of the Carousel of Happiness.

Essential Job Functions: Oversight of the Carousel operation as a whole; supervise all employees and volunteers, ensuring all paid and volunteer shifts are covered.

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Marketing: Takes steps to see that the Carousel is represented in all the major outlets for free and low-cost advertising to the public at large, works with institutions to schedule group visits and events, explores additional marketing opportunities.

Gift shop: Oversees gift shop manager, approves expenditures, assures smooth running of gift shop through manager and volunteers, oversees volunteer co-ordination.

Accounting: Uses Quick Books to record all sales, maintains bank account balance, makes deposits, handles payroll responsibilities, ensures timely payment of expenses/bills, renews insurance policies, works directly with accounting firm to ensure timely payment of taxes, creates and maintains corporate reporting.

Customer service: Assures smooth operation of the entire carousel annex and house, acts as manager to handle employee, volunteer, and customer concerns and complaints, authorizes refunds, and solves other issues and problems as they arise.

Reports to: the Board of Directors with a monthly report and an annual performance and salary review.

Supervises: Coordinators, Assistants and Volunteers. Recruits and trains volunteers. Creates and oversees all work schedules. Approves shift changes, days off, ensures all shifts are covered. Makes decisions relating to Carousel operations within policy guidelines approved by the Board of Directors. . Operationally makes decisions for the Annex, and Operator makes decisions for the House.

Special projects: Administers ongoing fundraising. Works with the Director, Board of Directors and other community partners to approve and oversee fundraising efforts throughout the year.

Maintenance: Responsible for cleaning and either contracts for or performs maintenance of the Annex building. Ensures that the public area cleaning, i.e., restrooms, gift shop area, etc. cleaning schedule is maintained and cleanliness expectations are met.

Events: Schedules and follows up on all events including, but not limited to: birthday parties, rental of the building for special events, large group visits/tours, receptions and weddings.

Minimum Requirements:

Excellent customer service experience with at least 3 years direct experience.

Business administration background

Prior supervisory/management experience required with at least 2 years in a supervisory position.

Quickbooks or similar program and/or bookkeeping/banking experience required with 3 years experience.

Exceptional written and verbal communications skills, including the ability to write/edit emails, memos, letters, and the ability to create/edit procedure and training manuals. Strong presentation skills required.

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Demonstrated ability to manage multiple priorities

Strong organizational skills

Positive outlook and demeanor

High School Education or GED

General computer proficiency with a PC, Mac or Linux environment.

Desired Education, Skills, Abilities, Experience

A college degree, no required major

Substantial customer service experience, at least 7 years supervising

Experience with computer file organization, spreadsheets, email communication.

Accounting skills would include QuickBooks, payroll, taxes, retail experience includes processing cash, checks and credit cards (Note that you have something similar in the Requirements above… since bookkeeping/payroll/taxes/money handling are part of the core responsibilities, this really needs to be a hard requirement, not a “desired” item.)

Experience working with volunteers in an operating business environment; showing volunteers appreciation and fostering unity as a group. Again, I would make this a requirement rather than a desired item.

Safety and Health Responsibilities

Must be able to lift 50 lbs., utilize stairs multiple times per shift, sit at a desk for long periods of time, stand for long periods of time while using various office equipment such as telephones, computers, cash registers.

Competencies:

1st Tier: Inspirational Leadership, Customer Service Orientation and Judgment

2nd Tier: Communication, Decision Making

3rd Tier: Initiative

About Scott and the Carousel

About Scott (from the Case Statement, Feb, 2009) In a complex and worried world, one man is working feverishly to bring an outpost of simple joy to

the people of Colorado and beyond.

Scott Harrison has united the small mountain community of Nederland behind his vision for a project

that will meld history and folk art to benefit the state’s children while spreading joy to generations of

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children of all ages. We invite you to become a part of this extended com-munity by joining us in

building a facility to house this state treasure – The Carousel of Happiness.

The idea was planted a generation ago in most unjoyful circumstances. As a machine gun squad

leader in the U.S. Marine Corps serving in Vietnam in 1967-68, Scott took joy amid great sorrow from a

tiny, hand-held music box that played Tristesse by Chopin. He imagined himself in a peaceful mountain

meadow operating a carousel, an image that sustained him then and inspires him and a dedicated group

of volunteers to this day.

During most of his 31 years as director of Amnesty International’s Urgent Action Network based in

Nederland – the office that flooded repressive governments with letters and telegrams urging the

release of prisoners of conscience – Scott carved carousel animals after hours. He carved 36 different

whimsical animals – enough to outfit the 1910 Charles Looff carousel frame that he and volunteers have

restored to working order.

The Looff carousel, built by the man who built the first carousel for Coney Island in 1876, once

delighted riders at Salt Lake City’s Saltair Amuse-ment Park. Scott has crafted new wooden parts for the

carousel, and 18 historic paintings have been restored on rounding boards that surround the carousel

above the animals.

Scott retired from Amnesty International in 2006 and, with an enthusiastic board of directors and

other community volunteers, is devoting his full energies to erecting the carousel in the center of the

town of Nederland.

The Carousel of Happiness is a 501(c)(3) non-profit organization dedicated to building the carousel

and to distributing all profits after operating costs to causes that benefit Colorado’s children.

Vision (from the Case Statement, Feb, 2009) In Scott’s vision, the Carousel of Happiness will be:

An outpost of simple joy. A place where mature riders can recapture carefree moments of their youth,

and where young people can take their first spin on living history.

A unique architectural statement to energy conservation that will inspire all who visit to be more

responsible energy consumers. The building will be LEED-certified and will serve as a demonstration

building for green, energy-saving technologies. Heat will be provided by solar-heated, radiant floors.

Electricity will be generated by solar panels. A mix of recycled and environmentally-friendly materials

will be used throughout the building.

A positive, signature attraction for the Town of Nederland, Boulder County and Colorado. Carousels

across the country have had a beneficial impact in their respective communities. Locally, we anticipate

the carousel’s presence will attract additional revenue for local businesses as passers-through stop to

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ride. We believe the carousel will become a destination attraction for many, and we plan to attract vans

and buses of visitors of all ages.

A unique, participatory exhibit of folk art. The 36 carousel animals were born of Scott’s imagination – a

labor of love that took 22 years and counting. He designed and carved each of them from basswood and

decorated them with acrylic paint – techniques used by carousel carvers for more than a century. The

collection includes a horse, lion, tiger, pig, dolphin, dragon, great blue heron, cow and lots of whimsical

surprises.

A place where education is fun, where a carefree past meets the modern reality of the need to

conserve energy for the survival of the planet. Scott will make a portion of the public space available for

educational displays and demonstrations.

A community place to share art, poetry and literature. Inspired by Scott’s carved animals and

decorations, the carousel building includes a 992-square feet room dedicated to the sharing and

enjoyment of the arts. Artists and authors from Nederland and beyond will have a place to share their

talents with the community.

A destination for people with disabilities honoring the carousel’s history of service. Although the

carousel originally was operated at Saltair amusement park near Salt Lake City, Utah, from 1910 until

1959, it graced the grounds of the Utah State Hospital for people with mental disabilities for 27 years

until 1986, when Scott purchased it and moved it to Nederland in pieces. To honor that part of its

history, Scott envisions inviting people with disabilities to visit the carousel in groups or individually. The

building is carefully designed to serve people with disabilities. The carousel has been adapted to

accommodate several people with disabilities at once. A gigantic wooden gorilla sits ready to put his arm

around riders who use wheelchairs.

A sustainable outpost of joy and giving for Colorado children. The Carousel of Happiness was conceived

as an instrument of giving. It will give joy to all who ride, watch the galloping art, and listen to the

historic music, to be sure. But it will also be an instrument of giving succor to Colorado children deprived

of joy in their lives for a myriad of reasons. The carousel board of directors, or a separate foundation

established for the purpose, will oversee the distribution of all profits after operating expenses to

organizations and institutions that serve underprivileged and aggrieved children. Profits will come from

riding fees, a small gift shop inside the carousel building, and proceeds from special events held in a

room designed for this purpose.

A living piece of American history: The 1910 Charles Looff carousel that is the heart of the Carousel of

Happiness is one of only about 150 surviving carousels from 4,000 built during the golden age of the

American carousel (1880-early 1930s). American craftsman borrowed the basics from Europe, but

American carousels quickly surpassed their old world cousins in imagination and style. Carvers moved

beyond horses to animals of the jungle, farm, forest and mythology. The Carousel of Happiness is true to

this quintessential American tradition. Scott let loose his whimsical imagination to design the animals

and hand carved them according to tradition from basswood, the wood from the Linden tree. When

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Scott throws the switch on the original motor, and the reborn carousel jumps to life for the first time,

the Carousel of Happiness will rejoin a rich legacy of American culture.

A Vision and Hope for the Carousel of Happiness I am writing this as a persuasion for those who come after me. I hope to explain why I think this

machine, and this place, is more than its name and its genre. Yes, it is a carousel, a ride and a tourist

attraction. I hope its future guardians think of it as more than that. To me it is that but more and

different than that.

The purpose of the machine is to spin its riders and leave them somewhere in the circle but nowhere

predictable and nowhere useful. The animals are wood and paint yet have spirits and need respect. The

carousel house itself has 12 sides and is meant to amplify the happiness and give the animals a place

where they can thrive. I think it would be nice if riders left the Carousel of Happiness wondering exactly

what they just did, where they just spent the last few minutes of their lives, and even, what might be

next for them.

I would like for everything that goes into the carousel house be placed there purposefully, to amaze, to

enlighten, to bring joy to visitors.

I think it is immensely important that the ride be kept at one dollar and that there should never be a

cost for visitors to sit in the carousel house. If we do our work well, we will create a space that will

renew folks, will engage and encourage visitors to take a deep, mindful breath, and allow them to gain

strength to walk out and re-engage their realities.

I think it is most important that the carousel be allowed to be itself for the reasons I have expressed

above.

When possible, I would like for the carousel to help others, how ever it can usefully do that. If it can be a

fundraising platform for other non-profits or the efforts of others to do good works, I believe we should

allow the carousel to be that platform, not worrying about any organizational ego that might wonder

too much about what we get out of it or how it might make us look. I hope those who follow me will

remember that the carousel was dedicated to two U.S. Marines who fell in the Vietnam War. I hope that

it is not forgotten that the carousel has a history of giving to people with special needs. Veterans and

people with disabilities should always receive a warm welcome at the Carousel of Happiness.

I hope that the carousel will always err on the side of generosity.

It is the pretention of Nederland and its residents that this town is more than a spot on a map. And in

fact I believe it is. This community, with its own characteristics, both common and special, gains its

breath from its air, its beautiful environment and mountains, and its particularly wonderful people. It is

my hope that passers-by will be helped by their experience of the carousel to take notice of this place,

and in some way, be better people for their visit.

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Is the Carousel of Happiness magic? It is to me. It will continue to be so to you and others if we

recognize that its one mission is to delight, to bring joy, to bring smiles, and to give the gift of a pleasant

surprise to all who visit.

Scott Harrison, November 2012

Carousel History (from Case Statement, Feb, 2009) Scott has contributed the completed carousel and a fully restored Wurlitzer band organ, together

appraised at $300,000. The Town of Nederland has enthusiastically approved the plan. The Guercio

family, owners of the Caribou Village Shopping Center located adjacent to State Highway 119 in

downtown Nederland, has donated a 20-year lease valued at $85,000 on the perimeter of the shopping

center – a splendid site. The family also has contributed $25,000 toward the building design, which is

now complete.

Turning New Wood and Old Metal Into Pure Joy (2004) Proposal to Bring a Carousel to a Boulder Park (Feb, 2004)

This is a description of a carousel that is nearing completion and a proposal to install it in one of

Boulder's City Parks. I will briefly describe the carousel itself and then detail a proposal I am making

to the City of Boulder involving the installation of this carousel.

The Carousel Project

I bought the frame of a 1910 carousel in 1986 and have designed and carved all new animals for it.

The frame itself has been in large part restored and some metal parts have been rebuilt with newer

materials for safety reasons. New wood has replaced old and I have designed new decorative

rounding boards which incorporate 18 paintings from 1915. The carousel is therefore a combination

of new and old: new art decorates a grand old machine, almost 100 years old. The soul of the

machine remains: turning millions of times for children screaming with delight. New animals now

await new children to continue the cycle of fun and joy.

This Carousel's History

A: Charles Looff

The carousel was originally built by Charles Looff, a Danish immigrant who, in 1876, built and

delivered the first merry-go-round (a.k.a. carousel) for the Coney Island amusement park in New

York. Mr. Looff went on to build dozens of carousels, many of which have been restored and are

still turning in Providence, Rhode Island, San Francisco and Santa Cruz in California, Portland,

Oregon and Spokane, Washington. In 1910, Mr. Looff delivered a newly-built four-row carousel to

Saltair Park just outside of Salt Lake City, Utah on the shore of the Great Salt Lake.

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B: Saltair Park

There it stayed from 1910 until 1958 when the amusement park went bankrupt. During its 48 years

at Saltair, it survived two fires and three windstorms. Once a fierce wind blew the roller coaster

down on the merry-go-round badly damaging its two outer rows. So it was rebuilt as a two-row

machine.

C: Fairyland

In 1959, the state of Utah gave the carousel to a newly-built small park on the grounds of the State

Training School, a residence and vocational training facility for individuals with mental disabilities. It

was put back together and ran for the school residents and at times the citizens of the nearby

community of American Fork were invited to ride for free. Several residents told me that once the

carousel's center pole was hit by lightning and indeed I found charred wood several placed in the

machine's structure.

In 1986, a woman bought the carousel for its animals which were auctioned off separately in New

York. The carousel itself was left for scrap. I had previously met the truck driver who was

transporting the animals to New York and he called me to tell me that I could get this old machine

for little money.

D: Nederland, Colorado

I bought the carousel sans animals, took it apart over a few

weekends and trucked it back to my home in Nederland in

October, 1986 where it has been stored and worked on

continuously since.

The Wurlitzer 125 Band Organ

A carousel just isn't

complete without a band organ! Accompanying this carousel is

a Wurlitzer Band Organ Model 125. This model incorporates 88

instruments including trumpets, flutes, piccolos, a symbal, two

drums and tubas. This model was made during a 1909-1924

period specifically for carousels and skating rinks. It plays music

from paper rolls much like a player piano and has recently

been restored and tuned. Here is a photo of Charlie Chaplin

with this model in the early part of the 20th century. I have

never seen a person who didn’t break out in a big smile once a

live band organ strikes its first notes.

The Carousel Floor (this section from a 2005 version)

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When I bought the carousel, its original floor had been replaced by a plywood floor that was in poor

shape. I have replaced it with Southern Yellow Pine, a wood that carousels often used around the

turn of the last century. In fact I have used old-growth pine that was growing around the time of the

American Revolution and cut down in 1890. It spent a century at a Seagram's factory in Peoria,

Illinois and was then re-milled into flooring planks that I have used to create the new 37-foot round

floor. This floor, like the carousel's machinery, will now get to have a new life.

The Carousel of Happiness

This carousel is unique in a

number of ways. While

maintaining the iron center

pole, as many gears, brackets

and machine parts from 1910 as

possible, it has been brought up

to modern safety standards

where needed. Thirty-three

animals have been carved from

basswood, the same wood that

carvers used to carve carousel

animals from the late 1800s to

the early 1900s. There is no

fiberglass on the machine: it is

made of iron, steel, wood and

paint. Unlike most carousels,

each animal is different, with only one horse, an Indian pony, in the collection. Three benches

accommodate disabled riders and those who don't want to climb onto a figure. The benches

incorporate swan figures, a bear and a gorilla! A list of the animals which make up this wooden zoo

can be found in Appendix A.

Above the animals are 18 newly designed rounding boards which frame original paintings from a

1915 carousel which was built by Charles Looff's brother-in-law (Must be another story there.) In

between these rounding boards are 18 "stages" each of which shows a differently-carved small

sculpture. As the carousel turns, the sculptures will form a simple animation in which a small girl

transforms into a white swan which changes into a green frog which then morphs back into the girl.

Here is something for the adults to enjoy while their kids ride the animals below!

The Unique Value of Carousels Today

There were over 2,500 wooden carousels in the United States in the first part of the 20th century.

Today there are a few hundred. Those that remain seem to elicit a magic, joyful response from all

who see or ride them. A carousel is a simple machine, it turns around going nowhere, the animals

The Carousel of Happiness

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go up and down for no practical purpose, and the hundreds of light bulbs only give 11 watts of

power each, not very practical by today's standards. But throw it all together, add some loud

calliope music, and without exception, smiles appear.

Many of the carousels that survived up to the 1970’s, were broken up during a period when

individual carousel animals were auctioned off at prices as high as eighty thousand dollars. New

animals have been carved for some of the carousel structures left behind, like this one and those

now operating in towns like Republic, Washington and Missoula, Montana.

Carousels, whether in town parks or amusement parks are a certain draw for those that see or hear

them.

Proposal for a Partnership

I am proposing a partnership between myself, as the carousel owner/builder, and the Parks and Recreation Department of Boulder, to install this carousel in an enclosed structure, on park property, and operate it, sharing the proceeds and responsibilities. In brief, I would operate and maintain the carousel on the land and in a building which the City of Boulder provides. The carousel operation would be insured by the City and the proceeds from the carousel operation would be split 50-50. The Building The carousel would live in its own building, protected from the extreme temperatures and weather we enjoy here in Colorado. It also needs to be locked up when not operating for security purposes. The carousel diameter is 41 feet. It also needs a five foot safety zone around it when operating and this brings the diameter of the machine when operating to 51 feet. There needs to be space for people to watch the carousel so a building with a sixty-foot inside diameter would be the minimum size for this carousel. A simple drawing of a proposed design, the very beginning design of a structure, is found in Appendix B. Insurance Insurance cost for operating a carousel has increased three-fold since the tragic events of September 11, 2001. This factor alone has caused many carousels to cease operation. This is despite the fact that there have been no major carousel-related accidents during this period. Most carousels now operating on municipal property are included in the insurance company used by the city or are included in the city’s policy when the city is self-insured. I am proposing that be the case with this carousel. Safety Concerns The Carousel of Happiness was built in 1910 by one of the major designers of carousels in America for 30 years. This carousel was built as a four-row machine but was redesigned in the 1940’s as a two-row machine as it remains today. This means that the machine structure itself is overbuilt for its riding and carrying capacity. In addition, while I have used the original center pole and some gears, bearings and

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brackets, in situations where there is a question about the integrity of the original part I have had new parts designed and built to modern safety standards. For example, I sandblasted decades of paint, grease and grime off the 13 crankshafts (which make the animals go up and down) to establish whether there were any fatigue marks or stress cracks in the metal. Although there were none found, I still had 4 new crankshafts made where there was even a slight question as to the integrity of the original. All other original metal, including the rolled-iron center pole, was also sandblasted and inspected before a decision was made to use the original part. The carousel crankshafts, 18-foot sweeps, floor platforms, animals and riders, are all supported from one roller bearing at the top of the centerpole and by 38 metal guy rods which connect the wooden structure to this top bearing. Both the center bearing and all the rods have been replaced using new steel. The wooden sweeps, cross-braces (which support the crankshafts) and the floor platforms have been replaced with new oak and #1 fir. Finally, I have fully researched the current safety practices of operating carousels around the United States by my 18-year membership in the National Carousel Association and my attendance of most of its annual National Technical Conferences where issues such as safety are studied in detail. Disability access The Carousel of Happiness will have a ramp to its floor platforms, allowing a person with a wheelchair to ride the carousel while in the chair by fitting into the fold-up portion of the Gorilla Bench in a way that has the gorilla’s arm around the rider and the rider able to hold the gorilla’s hand during the ride! Two other benches allow older riders to safely sit to enjoy the ride. How Carousels Earn Their Keep First, carousels charge a price for a ride. Some carousels, like the one at Lakeside Park, near St. Catharines, Ontario, Canada, charge a nickel. Others, like the Looff Carousel in Spokane, Washington, charge $1.00. The more the ticket costs, the fewer kids can ride. The smaller the ticket price, the less money can be used to keep the machine in operating in top shape. I would suggest a price of 50 cents per rider of any age. Second, many carousels make much of their money by renting out the space for birthday parties and wedding receptions, even photo opportunities. The Looff Carousel at Riverside Park in Spokane, Washington, rents their carousel for $300.00 a three-hour session. I believe this is a good opportunity for the carousel to earn money as long as the facility is not often closed to the public during regular operating hours. Third, the carousel is a draw, a destination attraction for many, bringing business to the area it occupies. All this information and all these details have but one purpose: to help you decide that this carousel

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will help people have a little fun and enjoy themselves for a while. Let’s make this magic happen. Appendix A: The Animals

Bear Bench Camel Cat Cheetah Coyote Cow Deer Dophin Dog Donkey Dragon Boat Duck Elephant Fish Frog Giraffe Gorilla Bench Great Blue Heron Horse Kangaroo

Architecture

THE CAROUSEL OF HAPPINESSTM BUILDING

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Operations

Operations Checklist

1. Days and Hours of Operation 2. Employee Structure A. Operations Manager Hiring Hours Duties Salary Benefits B. Ride Manager Hiring Hours Duties Salary Benefits C. Volunteers Recruiting Management Compensation Security 3. Financial A. Type of payment taken B. Points of sale (where purchases are

processed) C. Accounting/Money handling D. Security E. Banking F. Line of Credit/Minimum Account Balance 4. Insurance A. Liability B. Property C. Workmen's Comp. D. Other 5. Taxes 6. Licenses A. Sales Tax B. Business License (town)? C. EIN/Fed Tax D. State Withholding Tax

7. Security A. Keys B. Alarms C. After hours notification 8. Traffic pattern 9. Restroom Policies A. Schedule for Cleaning B. Who cleans C. Required signs/legal requirements for public

restroom 10. Complaints/Safety A. When refunds are allowed (retail and ride) B. Who deals with what complaint C. Policy for unsafe riders D. Policy for intoxicated/disruptive patrons 11. Injury A. Steps for handling B. Legal and insurance requirements C. Communication policy 12. Marketing A. State Visitor's Centers B. Publications/ads C. Billboards? 13. Events A. Allowed events B. Charge C. Outside contractors required, policy D. Closure for E. Packages 14. Management Structure 15. Specialists A. Accounting/Taxes B. Legal C. Insurance D. Publicity/Marketing

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16. Environmental policies A. Waste/trash B. CO2 emissions

Appendices

Articles of Incorporation Articles of Incorporation were filed in Colorado on September 16, 2005. The application for 501(c)3 non-profit status was approved by the United States Internal Revenue Service on March 22, 2006, retroactive to the previous filing date. The employer identification number is: 20-3584335. Colorado Secretary of State 09/16/2005 5:30 PM Entity Id: 20051351175 Document number: 20051351175 Filed pursuant to 7-90-301, et seq. and 7-122-101 of the Colorado Revised Statues (C.R.S.)

Entity Name: Carousel of Happiness, Inc.

Principal Office Street Address: 96 Tejas Lane Nederland, CO 80466 USA

Principal Office Mailing Address: PO Box 1270 Nederland CO 80466 USA

Registered Agent: National Registered Agents, Inc.

The person appointed as registered agent in the document has consented to being so appointed.

Registered Agent Street Address: 1535 Grant Street, Suite 140 Denver CO 80203 USA

Registered Agent Mailing Address: as above

Name and Address of Incorporators: Harrison, Edward Scott PO Box 1270 Nederland, CO 80466 USA Blevins, George PO Box 512 Nederland CO 80466 USA

The nonprofit corporation is formed under the Colorado Revised Nonprofit Corporation Act. See Attachment A, Paragraph 1.

The corporation will not have voting members.

A description of the distribution of assets upon dissolution is attached. See Attachment A, Paragraph 2.

Additional information may be included pursuant to 7-122-102, C.R.S. and other organic statutes.

Name and address of the individual causing the document to be delivered for filing:

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This corporation is organized exclusively for one or more of the purposes as specified in Section 501 (c) (3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501 (c) (3) of the Internal Revenue Code. This Corporation shall be a nonprofit corporation. The specific purposes for which this corporation is organized are: the Carousel of Happiness is a working carousel operating for the purpose of providing the public with joy and historical knowledge of the continuing existence of carousels in the United States.

Upon the dissolution of this corporation, its assets remaining after payment, or provision for payment, of all debts and

liabilities of this corporation shall be distributed for one or more exempt purposes within the meaning of Section 501 (c)

(3) of the Internal Revenue Code or shall be distributed to the federal government, or to a state or local government, for

a public purpose. Any such assets not so disposed of shall be disposed of by a court of competent jurisdiction of the

county in which the principal office of the corporation is then located, exclusively for such purposes or to such

organization or organizations, as said court shall determine which are organized and operated exclusively for such

purposes.

No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting

to influence legislation (except as otherwise provided by Section 501 (h) of the Internal Revenue Code), and this

corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political

campaign on behalf of, or in opposition to, any candidate for public office.

No part of the net earnings of this corporation shall inure to the benefit of, or by distributable to, its members, directors,

officers, or other private persons, except that this corporation shall be authorized and empowered to pay reasonable

compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in

these articles.

Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not

permitted to be carried on (a) by a corporation exempt from federal income tax under section 501 (c) (3) of the Internal

Revenue Code, or the corresponding section of any future federal tax code, or (b) by a corporation, contributions to

which are deductible under section 170 (c) (2) of the Internal Revenue Code, or the corresponding section of any future

federal tax code.

All references to sections of the Internal Revenue Code shall include such sections as of the date hereof and the

corresponding section of any future federal tax code.

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IRS Determination Letter

Carousel of Happiness Party Use Agreement

This is an Agreement (“Agreement”) between Carousel of Happiness, Inc. (“COH”) and the User identified below (“User” or “Sponsor”), collectively referred to herein as “the Parties.” COH agrees to license User to use its Facility in Nederland, Colorado (“Facility”) for User’s Event (“Event”) on the terms set forth herein.

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Section 1. USE AGREEMENT AND LIMITATIONS

As used herein, “Carousel” refers to the physical structure that moves inclusive of wood animals, poles, motors and pine

floor. “Carousel Building” includes both sections of the building that houses the Carousel, the gift shop, offices, storage

areas, restrooms, the party room and the puppet theatre and room, closets, and all other interior space. It also includes the

area of 10 feet beyond the foundation of the building in any direction.

User’s Information

Name:____________________________________________________________________________________________

Mailing Address:_______________________________________________________________________________________

Telephone Contacts: ____________________________________________________________________________________

Electronic contact (email, etc): ________________________________________________________________________

Name of Point Person during the hours of the Event:

Date and times of facility use:

User intends to use (check one):

__________Upstairs Party Rooms Only

Entire Carousel Building (excepting Director's office and maintenance closets) which can only take place

during standard closed hours.

Number of guests expected (estimated): _____________________________________________________________

Agreed hourly rate for above use: _____________________________________________________________________

Returnable cleaning deposit for above use: __________________________________________________________

Prepayment for above use: ____________________________________________________________________________

Total payment for above use (assuming cleaning deposit is returnable): _________________________

Deposit collected: _____________________________________________________________________________________

Other: ______________________________________________________________________________________________

Any Event that lasts longer than the agreed-upon time by 15 minutes (excluding clean up) will be assessed an additional

hourly fee, with the minimum additional fee being one hour.

In addition to the other charges, User will pay for at least two (2) employees that will be present at all times during the

Event, including after hours Events. IS THIS IN ADDITION TO ALL OTHER FEES OR IS THIS INCLUDED INTO THE FEE?

The cleaning deposit is not returnable in the following circumstances:

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Any physical damage occurs to any COH property, beyond normal wear and tear, either affixed or not (repair costs will be deducted from the deposit if they are less)

Trash accommodations will be provided by the COH up to the size of one standard black trash bag full of refuse. Any additional trash should be disposed of elsewhere by the User.

Any willful damage that occurs (not clearly accidental) to the carousel, the building, any building attachments, and any

personal property of the COH will be assessed if the repair cost is above the amount of the security deposit, and the User

agrees to be responsible for that amount.

User will abide by all rules set forth herein, including those in Section 2 below, and will take care to be sure that all Event

attendees abide by them.

Section 2. RULES

A. The following requirements must be in place for physical operation of the Carousel:

1. An administrator or the Carousel Director must be present on the premises and aware that the Carousel will be in use during the period of time.

2. A fully trained, indemnified and Red Cross licensed Carousel Operator must be present. No one who is not pre-approved (in writing or via email) and trained by the Carousel Administration is allowed to operate the Carousel.

3. No visibly intoxicated patron will be allowed to approach or ride the Carousel, nor will any other person that COH staff, in their sole discretion, determine might pose a risk to himself or others if allowed to do so.

B. Food and Alcohol

1. No alcohol can be served on Carousel property concurrent with physical operation of the Carousel. If alcohol is to be served the following must take place:

If the party is open to the public (not by invitation only), User must obtain proper permits from the Town of Nederland and the County of Boulder.

COH must be notified prior to the execution of this Agreement that alcohol will be served at the Event. Once the distribution of alcoholic beverages begins, the Carousel will be turned off and not be started again for the course of the Event, nor will Event attendees be allowed inside the fence that surrounds the Carousel.

A fully licensed and insured bartender must be hired to distribute the alcohol, and that bartender’s insurance must cover any mishaps, injuries or consequences of service to visibly intoxicated patrons.

2. Food may be served in the party room only during operational hours of the Carousel. If the entire Carousel Building is rented and no patrons other than Event attendees are present, food may be served in the gift shop area. However, under no circumstances can food or drink be taken beyond the inner fence that surrounds the Carousel.

Under the lease agreement that the Carousel maintains with Caribou Companies, no food may be prepared to be sold on COH premises. Any food or drink provided for an Event at the Carousel must be brought by the User, purchased from a local business and brought in, or catered.

The Carousel urges all Event attendees to reduce waste by using reusable china and silverware or at least biodegradable paper products for service of party food.

C. Animals

No animals other than working service animals will are allowed in the Carousel building unless pre-approved by the Carousel

Director in writing or via email. Under no circumstance are animals that are not service animals allowed inside the fence

surrounding the Carousel.

Section 3. RELEASE FROM LIABILITY AND INDEMNIFICATION AGREEMENT

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In consideration of their willingness to allow User the use of its facility in Nederland, Colorado, User hereby forever releases

COH, Caribou Companies (landowner) its members, employees, assigns, and successors, from any liability on any claims of

any kind whatsoever in any way arising out of the use of the Facility. This release is intended to be the broadest possible

release allowed by law. It includes, but is not limited to, strict liability claims, contract claims (express or implied), warranty

claims, and tort claims based on common law or any statute, ordinance, or regulation. It also includes any and all claims for

injuries or damages sustained by User or User’s invitees or licensees during or in connection with the use of the Facility and

which are alleged to have been sustained, in whole or in part, as a result of the negligence of one or more persons protected

by this release provision.

As used herein the term “Facility” includes the physical structure that moves inclusive of wood animals, poles, motors and

pine floor, the building that houses the Carousel, the gift shop, the offices and storage area, the restrooms, the party room

and the puppet theatre and room. It also includes the area of 10 feet beyond the foundation of the Carousel Building.

Further, if any Event attendee or other third party makes a claim against or sues any person or entity protected by this

release provision for any damages of any kind allegedly sustained by them as a result of use of the Facility, User agrees to

fully defend and indemnify COH, and Caribou Companies, its members, employees, assigns, and successors, with regard to

any such claim or litigation.

This release provision shall be binding on User and all User’s heirs, agents, assignees, successors, and on any other person(s)

who might otherwise be entitled to file suit or make a claim on User’s behalf. This release provision also applies to all

owners, directors, and officers of COH, Caribou Village and Caribou Companies.

Section 4. OTHER TERMS

a. Not Assignable. This Agreement may not be assigned by any party without the written agreement of the other party.

b. Governing Law. This Agreement shall be governed by the laws of the State of Colorado.

c. Reading; Review of Counsel. User represents that User has carefully read every provision of this Agreement, and that they have had the opportunity to have qualified counsel review this Agreement. d. Venue; Waiver of Jury; Notice Requirement. The exclusive venue for any legal action arising out of this Agreement shall be in the County or District Court of Boulder County, Colorado. In any such action all parties waive the right to trial by jury. Before filing any action arising out of this Agreement, User must provide COH with written notice of its claim in reasonable detail before filing such action. e. Legal Expenses. In any legal action arising out of this Agreement the losing party shall pay the prevailing party’s

reasonable attorneys fees and costs.

f. Interpretation. Should any provision of this Agreement require judicial interpretation, the Court interpreting this

Agreement shall not apply a presumption that the term shall be more strictly construed against one party or the other

by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it.

g. Entire Agreement; Modification. This Agreement contains all the representations by each party to the others and

expresses the entire understanding between the parties with respect to the matters at issue. The Parties agree that all

prior communications are merged into this Agreement, and that there are no terms or conditions other than those set

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forth herein. No statement or promise of a party shall be binding unless reduced to writing and signed by that party. No

modifications of this Agreement shall be binding unless they are in writing and signed by all Parties.

h. Section Titles. The section or paragraph titles in this Agreement have been inserted for convenience and easy

reference, and they shall not be interpreted to define, limit, extend or describe the scope of any provision of this

Agreement.

I/WE HAVE READ AND UNDERSTAND THE FOREGOING AND I/WE VOLUNTARILY AGREE TO THE TERMS SET FORTH

HEREIN.

_________________________________________________

User’s Signature (Date)

_________________________________________________

User’s Signature (Date)

If a corporation, LLC, partnership, or other entity is the User, the person signing on behalf of the User represents that he/she

is authorized to do so.

Organizational User’s Name: __________________________________________________________________________

Signature of Authorized Organization Signer (Date)

Printed Name: _________________________________________________________________________________________

Title:________________________________________________________________________________________________