2024 Vendor Addendum (Non-Ag)

The Living Smart Farmers Market is organized by the Living Smart Event Committee of the non-profit organization, providing life skills, career training and financial literacy/entrepreneurship education for youth and adults. All proceeds of the Living Smort Farmers Market are dedicated to further the mission to provide opportunities to support the growth of small local businesses and job opportunities and training for youth and adults in our communities. For more information about events, new locations please visit us on the web of www.lLoveMyFarmersMarket.com

2024 Addendum Form must be submitted with location fee payments ($25/location) and any an all updated permits, licenses, and proof of insurance along with a menu of items sold.

* The Living Smart Farmers Market Rules will be emailed to you for your records.  Your initials below indicate that you acknowledge that you have been informed and acknowledge your compliance to them.

Below are the current markets in operation please select the market location(s) you plan to participate in 2024. The Living Smart Farmers Market (LSFM) Committee will review and confirm locations for you upon receipt of the Annual Location Fees.

 PLEASE BE ADVISED: Attendance/Late policies will be enforced and will require vendors to call out a minimum of 72 hours before a market when they will be absent. Absences must be communicated to the office by email at admin@livingsmartmarket.com or texting Marie Hall at 916-806-3989, identify who you are and the name of your booth and market when leaving a message. Calling or texting the market manager will not be sufficient. Vendors who are consistently arriving late to the markets outside the set-up time policies will not be guaranteed their regular booth space to be available when they arrive and may be moved to another area in the market that is less bothersome to the set-up flow in the market. Vendors who are excessively late to arrive to the markets for set up outside the required set up time policies will have to pay a "late fee" penalty fee of $10.00 added to their total booth fee cost for that day. This policy will BE ENFORCED starting February 1, 2024. 

If owner not working booth at market, please list contact information for worker and what location:

2024 MARKET FEES & EXPECTATIONS:

2024 Booth Fees:

$35/10X10 Booth Space plus $2.00 CDFA. (Starts February 1, 2024)

For Returning Vendor: $25 Location Fee(s) annually (per market location) due by invoice date every year thereafter OR at sign-up any time during the calendar year.

Unpaid location fees by date due will incur a 10% late fee per month thereafter.

ALL VENDORS agree to a minimum of 6 months attendance/participation at each market per calendar year.

Vendor agrees to pay the cost of weekly booth fee for each location for the duration of six months regardless of their attendance. ALL VENDORS will be responsible for following the *Market Attendance Policy and adhere to payment policies for Permanent Vendor or Occasional Vendor Status.

YOUR APPLICATION MUST INCLUDE:

• Signed & Submitted Vendor Application / Addendum Contract (This form submitted)
• Copy of Cottage Food or Multi Event Vendors Permit for Sacramento and/or TFF for Placer County (Upload below)
• Copy of Liability Insurance / Declaration Page from your Certificate of Libility Insurance with a minimum coverage amount of $500,000.00 with Lving Smart Farmers Market as additional insured MUST be stated as: Living Smart Farmers Markets, PO Box 1156, Carmichael, CA 95609 (Upload below)
• Copy of Motor Vehicle Insurance on any vehicle that will be driven by owner or employee at the marketIncomplete Applicaitons will NOT be processed until all documentation is received (Upload below)

Questions? Email admin@livingsmartfarmersmarket.com for more information

Incomplete Applicaitons will NOT be processed until all documentation is received

You May upload your documents here:

If Uploading does not work, you may send by mail Completed applications and paperwork to Living Smart PO Box 1156, Carmichael CA 95609 or SCAN and email to admin@livingsmartmarket.com 

Vendor Agreement

Vendor must sign below to signify agreement - or application will be returned and considered incomplete whereby vendor may be suspended from participating in the markets until completed)

• Vendor agrees to comply with attendance policies and communication protocol as stated below: a) A minimum of 6 consecutive months is required to reserve your space at any market location b) A minimum of 72 hours' notice to LSFM offices by email AND phone call when not able to attend scheduled markets (24 hours when it is an emergency)
• Vendor agrees to pay additional booth fee charges for special events and festivals as required not to exceed $20 above standard booth fee charges. **A list of special events for the markets will be sent to you via email upon receipt of your 2024 Signed Addendum for your records.  A $10 special event fee will added to the total booth fee cost for that day on special events.
• The undersigned agrees to exercise the utmost care in the use of facilities and properties of the Living Smart Farmers Market. Vendors selling Bakery, Prepared Food, and Value Products, by vendor signing below they acknowledge that they are adhering to all federal, state, and local laws with regards to the preparation, packaging, and selling of their products, and vendor accepts all liability with regards to their products.
• Should a vendor at any time occupy the premises in a manner contrary to the rules of the Market, or in any manner that is hazardous or offensive to the public or market managers, upon request of Market Officials, vendor shall immediately cease such offending conduct. Failure of vendor to immediately conform their conduct as requested by market manager shall result in the expulsion of the vendor from the market and may permanently cause a vendor to lose their ongoing placement in the market. Living Smart Farmers Market is not liable for all loss or damage to vendors' products or materials or any loss of income occasioned by such removal. Living Smart Farmers Market will not be responsible for storage or safekeeping of property so removed or left behind.

Attendance Policy:

• BE ADVISED: Cancellations for markets must be made at minimum within 72 hours prior to the market date. In the case of lateness, no-shows, or early departure from the market without proper notification, the Vendor agrees to pay a late and/or attendance fees/fine assessed equivalent to the minimum of the cost of one booth fee to be assessed and collected. Continued absences without notification will result in forfeiture of your position at the market. Credits do NOT roll over at the end of the calendar year.
• ALL VENDORS will need to maintain consistent attendance at each market location contracted for and not to exceed more than 3 NO SHOWS & UNEXCUSED ABSENCES in one quarter (3 months - 25%) and no more than 4 EXCUSED ABSENCES (called in 72 hours per protocol stated above) in order to maintain "day of "booth payment privileges. Vendor attendance willbereviewed each quarter. Vendors who do not follow the attendance protocol and exceed the number of allowable absences in a quarter will be required to pre-pay booth fees on a monthly basis per location in order to maintain their permanent status for 3 months. At the end of 3 months, attendance records will be reviewed by the LSFM committee. If attendance policies have been adhered to, pay of day status will be reinstated. Vendors' attendance will be reviewed by location/per market. Market attendance and market fees are based on "per market". Vendors will be notified in writing of this change and will not be allowed to participate until payments are received in full prior to participation for the following month. Credits do NOT roll over at the end of the calendar year.
• NEW VENDORS will be responsible for all booth fees associated with attendance at each market for the first six months regardless of attendance. After six months, vendors' attendance will be reviewed by the LSFM committee and Vendor will be offered one of two booth payment options to maintain their status: 1) Day of Booth Payment (pay onsite on day of market) or 2) Pre-payment of Booth, which will require vendor to prepay booth fees for a minimum of one month at a time. Credits do NOT roll over at the end of the calendar year.

PRODUCT DESCRIPTIONS (Items being sold & available dates)

All vendors must submit a complete list of products that they wish to sell at the time they apply to the market. All products must be approved by the LSFM Committee prior to being sold. Eligible products are farm grown products, processed agricultural related products, value added agriculture related products, baked products, specialty foods, and dairy limited to cheeses, eggs, and milk. If an accepted vendor wants to sell an item not previously approved, the LSFM Committee must approve the new item before it may be sold. Requests to sell additional products should be made in writing. Products grown or produced at a location, or by an individual, not identified on the application form are not eligible for sale.

Indemnification. The Vendor hereby agrees to indemnify, hold harmless, release, waive, and forever discharge Living Smart Farmers Market and its agents and employees and Market Managers for all bodily and personal injury, including injuries resulting in death, and property damage, claims actions, damages, liabilities and expenses, including reasonable attorney's fees and court costs, which may occur as a result of Vendor's participation in the Market, whether or not sounding in tort or contract, and whether or not caused by a negligent act or omission of Living Smart, it's agents, representatives and employees, or the Market Managers.

Entire Agreement: This agreement contains the entire agreement of the parties regarding the subject of this agreement; and there are no other promises or conditions in any other agreement whether oral or written.

Severability: If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision the terms would become valid and enforceable, such provision shall be deemed to be written, construed, and enforced as so limited.

Injunction: It is agreed that if a vendor violates the terms of this agreement irreparable harm will occur to LSFM and money damages will be insufficient to compensate for such losses. Therefore, LSFM will be entitled to seek injunctive relief to enforce the terms of this agreement. The prevailing party shall have the right to collect from the other its reasonable costs and necessary disbursements and attorney fees incurred in enforcing this agreement.

Choice of Law: The laws of the State of California shall govern this agreement.

Dispute Resolution: In the event any dispute or controversy arising out of or relating to this agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under this agreement, which are not affected by this dispute. In resolving any dispute or controversy so related, the parties shall adhere to the following procedures.

Mediation: If the parties cannot by exercise of their best efforts resolve the dispute, they shall submit the dispute to mediation. The parties shall, without delay, continue to perform their respective obligations under this agreement, which are not affected by the dispute. The invoking party shall give to the other party written notice of its decision to do so, including a description of the issues subject to the dispute and a proposed resolution to do so thereof. Designated representatives of both parties shall attempt to resolve the dispute within 30 days after such notice. If those designated representatives cannot resolve the dispute, the parties shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to responsible executives of the disputing parties, who shall act in good faith to resolve the dispute. If the dispute is not resolved within 30 days after such meeting, the dispute shall be submitted to binding arbitration in accordance with the Arbitration provision of this agreement.

Arbitration: Any controversies or disputes arising out of or relating to this agreement shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rule of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this agreement. In the event the parties are unable to agree to such a selection each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials and information in the possession of each party that are in any way relevant to the claim(s) or dispute(s) shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration.

The award rendered by the arbitrator shall be final and binding on the parties and judgment may be entered thereon in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this agreement.

Reasonable Attorney's Fees: The parties hereby agree that the prevailing party in mediation or arbitration shall be entitled to reasonable attorney fees and costs incurred because of the dispute.

This agreement shall be signed by Vendor.  This agreement is effective as of the first date that the vendor participates at the Farmers Market location managed, run, or organized by LSFM.

I certify that I and/or any employee driving to the event on my behalf has both a valid driver's license and current automobile insurance. (Initial below:)