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 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 a Commitment Letter(s) will contain the "RULES" and will be emailed to me by MFM no later than my vending date.
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 before the beginning of my vending date. I further understand that if I am placed at an MFM managed market, that my signed commitment letter and required deposit are due before my vending date.
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 in 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 into an MFM market (submitting my signed commitment letter, deposit, and any other documents as outline in my acceptance letter).
D. INSPECTIONS: With regard to facility or market site inspections, I agree that, in the event that a grievance is filed against me by a farmer or Market Manager, or if the MFM Executive Director chooses to make an inspection, I will adhere to all of the terms and conditions provided in Policy. I further agree that I will make myself personally available to, and to make my business accessible in its entirety for, the MFM Executive Director and/or his/her designees to do appropriate inspections. I understand that if I show an unwillingness to abide by these terms at any time during the inspection process, my actions will result in a determination of guilty and I will be subject to the appropriate penalties prescribed in Policy.
E. 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.
F. PAYMENTS FOR MARKET FEES: I understand that I am responsible for making Market Fee payments on or before the schedule outlined in Policy, Appendix A: Payment Schedule, Fees, and Financial Responsibility. I understand that in the event payments are not made according to Policy, I will not be allowed to attend the market 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.
G. 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 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.
H. 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.
I. ACCEPTANCE OF APPLICATION: I understand that my application will NOT be considered without my submission of a complete application, application fee, and my signature below, acknowledging that I have read and agree to the terms of this application, REGARDLESS of previous years participation at any market. I understand that acceptance of my application indicates an intent by MFM to include me in their market(s) and work cooperatively. If, however, due to unforeseen circumstances, it is deemed by MFM that my involvement in their farmers market(s) creates a negative impact for the farmers market(s), I understand that MFM can cancel my acceptance. 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.