TERMS & CONDITIONS
A. INFORMATION PROVIDED: With regard to this application, I certify that all information provided is true to the best of my knowledge and belief. I understand that I am responsible for updating the information provided as necessary, and supplying any pending information in a timely manner. I understand that my participation as a SUPPLY FARMER in the market(s) I have applied for is contingent on my review and acceptance of the Managed Market Policy, and of the Specific Market Rules, Hereinafter "RULES" of the market(s) in which I have been accepted. I understand that the acceptance letter will contain the "RULES" and will be emailed to me by MFM no later than Friday, February 15, 2024.
B. PENALTIES: I have read and understand the POLICY and this application in its entirety, and I understand that if I do not abide by Policy then I am subject to the terms and penalties of Policy. I understand that a complete application is due by Monday, February 1, 2024 at 12 PM (noon). I understand that in the event I do not submit a complete application by February 1, 2024, I may be denied approval to act as a supply farmer for the vendor(s) and market(s) for which I have applied.
C. MANAGEMENT: With regard to the management of the farmers market, I understand that the Market Manager is the official representative of the MFM Managed Market, and that under the provisions of Massachusetts General Laws, Chapter 40, the Market Manager is authorized to enforce POLICY and any items addressed within the RULES as set forth the POLICY. I further understand that the Market Manager of MFM Managed Markets operates under the supervision and direction of the Executive Director (ED) of Mass Farmers Markets, of which I am either a member in good standing or of which I will become a member upon full acceptance as a SUPPLY FARMER at one or more MFM markets.
D. FARM VISITS: Per Section IV (Product Inspections) of the POLICY, I understand that MFM conducts farm visits as a matter of routine. I further understand that SUPPLY FARMS are subject to the same farm visits as FARM VENDORS. All Farms and Supplemental Vendors that participate in MFM Managed Markets may be visited at the discretion of the Executive Director and at the expense of MFM. The intent of these Farm and Supplemental Vendor visits is to help MFM better understand the needs and expectations of members and to document their operational practices. This may include reviewing product lists, acreage reports and any other relevant information for use in improving our management of farmers markets. MFM may utilize the information gathered at these visits to determine whether additional visits are warranted throughout the season. Farm and Supplemental Vendor visits are made on a friendly basis and without cause. Any farm that applies for participation in a market at which it did not attend the previous year should anticipate one (1) to three (3) visit(s) during the season.
E. FARM INSPECTIONS AND PRODUCT INSPECTIONS: With regard to farm inspections and product inspections, I agree that in the event that a grievance is filed against me by a farmer or Market Manager, or the MFM ED chooses to make a farm inspection , that I will adhere to all of the terms and conditions provided in POLICY in regards to those inspections. I further agree that I will make myself personally available to, and make my farm accessible in its entirety, for the MFM ED and/or his/her designees to conduct appropriate inspections. I agree that I will arrange to be available with no distractions for a minimum of four (4) hours and in full daylight. I understand that if I show an unwillingness to abide by these terms and conditions, at any time during the inspection process, my actions will result in a determination of a violation and I will be subject to the appropriate penalties described in Policy.
F. INDEMNIFICATION: I hereby agree that I will indemnify and hold harmless Mass Farmers Markets (a/k/a Massachusetts Federation of Farmers’ & Gardeners’ Markets, Inc.), the members of its Board of Directors, the Executive Director, all agents, and/or employees of MFM from any and all claims and liabilities arising or allegedly arising from my negligent or intentional conduct. I understand that this means that I will be responsible for reimbursing the above organization and individuals for any judgment against them, any settlement made by them in good faith, and any attorney’s fees incurred by them in defending or settling any claim against them, which arises or allegedly arises as the result of my negligent or intentional conduct.
G. PAYMENT OF FEES: I understand that I am responsible for making any payments as outlined in the Policy. I understand that the $75 application fee is NON-REFUNDABLE. I FURTHER understand that if I have any payments outstanding with Mass Farmers Markets, I will not be allowed to supply products to an accepted and approved vendor until such payments are made. I understand that in the case of payments by check, payments are considered pending until the transfer of funds is verified, and that if my check does not clear I will pay an additional thirty-five ($35.00) dollars to cover bank fees and additional administrative time.
H. WAIVER: By submitting this application I hereby agree to comply with the Rules and Policy in all respects. I further agree to abide by the decisions of MFM, its officers, directors, agents and/or employees regarding the interpretation and enforcement of any provision of the Rules and/or of Policy. I specifically understand that, in consideration for processing my application, I waive any and all rights to pursue any civil or criminal process against MFM, its officers, directors, agents and/or employees as it relates to any decisions and/or action taken in interpreting or enforcing the Rules or Policy by MFM, its officers, directors, agents and/or employees. I understand that by submitting this application, I am waiving legal rights that I may have as described above, and I do so voluntarily.
I. SEVERANCE: If any provision of the Rules or Policy on this application is at any time deemed to be void or unenforceable by a court of competent jurisdiction, the remaining provisions shall not thereby be affected.
J. ACCEPTANCE OF APPLICATION: I understand that my application will NOT be considered without my submission of a complete application, application fees, and my signature below, acknowledging that I have read and agree to the terms of this application and POLICY, REGARDLESS of previous years participation at any market. I understand that I may apply for as many markets as I wish on this one (1) form. Each market I apply for on this form will be considered separately; acceptance of my application for each market is independent from any other market applied for. Any additional information that I wish to furnish for a specific market may be provided on a seperate piece of paper supplied by me.