Vendor Terms
***If you sign the lease between February 15th 2014 and April 1st 2014 Rent is $1.75 per square foot on the 1st floor and $1.50 and the 2nd floor. After April 1st 2014 rent will be $2.25 per square foot on the 1st floor and $2.00 on the 2nd floor.
Sample Vendor Agreement
1. The Painted Mill
Dated: _______________________, 20___
Vendor Agreement
IT IS AGREED:
This Contract is between The Painted Mill, LLC. @ 1119 Main Street, Fallston Maryland 21047 and Vendor: _________________________________________
The Painted Mill, LLC.
Owner: Jennifer Jennings-Janson
1119 Main Street
Fallston, Maryland 21047
Email: thepaintedmill@gmail.com
Website: www.thepaintedmill.com
Facebook: www.facebook.com/thepaintedmill
Phone: 443-981-3181
1. Parties to this Agreement - __________________________________ is a person who wishes to lease space at a regular recurring monthly rental charge based upon size and location at The Painted Mill, LLC’s. Premises for vintage/antique/repurposed sales, hereafter referred to as Vendor. The Lessor is The Painted Mill, LLC. whose principal owner is Jennifer Jennings-Janson, hereafter referred to as The PaintedMill
2. Rent - Vendor shall pay The Painted Mill the amount indicated below per month for base rent for the assigned space indicated below. Plus 10% of each sale to cover advertising, 2.9% credit card fee’s, Bags, loader, etc. The Vendor’s base rent is due by direct payment from Vendor to The Painted Mill by cash or check on the 1st day of each month. Base rents not received by the 5th day of each month are subject to a ten percent (10%) late payment fee. If the Vendor prefers, they can elect in writing, to have the rent deducted from the previous month’s sales. The rent is $_______ per sq. ft for Vendor space #______. Security Deposit and the first month’s rent are due at the time of the signing of this agreement.
3. Term - The term of this lease shall be for three (3) months. This agreement will automatically renew unless written notice is received by The Painted Mill no less than thirty (30) days prior to the expiration of the previous three (3) month term. A Vendor may choose to convert to a month to month agreement with a minimum thirty (30) day written notice to The Painted Mill. Should the Vendor make that election the rent will be increased by fifteen (15%) over the previous rent. To terminate the lease, The Painted Mill must receive written notice of such intent at least thirty (30) in advance or the Vendor’s security deposit will be forfeited.
4. Rent Escalation Clause- Rent will be subject to an increase on the anniversary of this agreement but at no time will it exceed ten (10%) percent.
5. Security Deposit - Vendor shall be required to pay a security deposit equal to one month’s rent to The Painted Mill at the time of signing this contract agreement.
6. Utilities - The Painted Mill shall provide for Vendor general lighting, electric and general area cleaning, and interior/exterior building maintenance. The Painted Mill is not required to provide Heat or Air Conditioning at any time. Keeping with the Tag/Barn Sale tradition doors and windows may be open for customers. We recommend the vendors dress appropriately for the forecasted weather when they are at The Painted Mill.
7. Electric – Each vendor has a receptacle on the wall and the ceiling to install lighting.
8. Elevator - The freight elevator is for freight ONLY. The Painted Mill will NOT allow anyone to abuse the use of the elevator. This includes riding the elevator, climbing the elevator or leaving the gates open to the elevator. The gates must be in the closed position at all times when elevator is not in operation. The gate must be closed before you move the elevator between floors. This contact will be terminated if Vendor does not abide by the rules set forth herein which are designed for the safety of Vendors, employees, customers and guests. To protect the safety of all the vendors and the general public there will be strict instructions for using the elevator posted.
9. Accounting - The Painted Mill will reconcile sales activities, charges and credits due to Vendors on a Monthly basis on Excel spread sheet. The Painted Mill will provide Vendors with a monthly print out of all their sales and will issue a check for their sales. All sales tickets will be retained and filed for inspection by Vendors if needed. Checks will be issued to vendors within seven (7) days of the close of business on each Sunday that the Painted Mill is open.
10. Licenses - Vendor represents that Vendor is lawfully established and authorized by the State of Maryland to be a reseller of merchandise and holds a Vendor License issued by the State of Maryland and any other license required by the State of Maryland. Vendor must provide The Painted Mill with a copy of their license and an additional copy is to be visibly displayed in the Vendor’s space if applicable.
11. Tax - The Painted Mill will collect and remit ALL sales tax for the Vendor.
12. Reporting Income - Vendor accepts full responsibility for reporting INCOME received and collected on their behalf by The Painted Mill to the appropriate taxing authorities. Vendor holds The Painted Mill harmless from any failure of Vendor to properly report and remit the appropriate INCOME taxes.
13. Insurance - The Painted Mill, LLC, Jennifer Jennings-Janson (Owner), agents, employees and Alice M Remsberg (Landlord) shall bear absolutely no responsibility for any risks, hazards, theft, injury, damage or other actions that harm the Vendor’s merchandise while placed at The Painted Mill. Should the Vendor wish to protect or insure their merchandise while it is at The Painted Mill and the Vendor must obtain their own private insurance coverage for the merchandise. Vendors shall indemnify and hold The Painted Mill LLC, Jennifer Jennings-Janson (Owner) or Alice M Remsberg (Landlord) harmless from any claims arising from the sale of Vendor’s merchandise.
14. Attendance - Vendors are not required to be present at all the Monthly Sale. We ask you to volunteer at one sale per year to assist with customers, loading and checking customers out. You may want to pair up with another vendor who will be working the sale to insure your space is properly organized and attractive in your absence. If finding help becomes an issue you may be required to work more than one sale per year. I will have a calendar in the office for you to pick dates from. (If you unavailable please let me know)
15. Occupancy - Vendor shall occupy only the space as is mutually agreed upon by the parties, and as will be initially assigned to Vendor in accordance with The Painted Mill. The Vendor’s name and sales space is set forth below.
16. Merchandising - Vendor shall clearly mark Vendor’s merchandise with a tag indicating the asking price, the assigned Vendors ID Number, Vendor Inventory Control Number, a description of the item. The tags may be handmade or custom printed so long as the information is legible. The Painted Mill will assign Vendor ID numbers. Vendors will provide their own Vendor Inventory Control number.
17. Merchandise - Vendor items placed for sale shall be approved by The Painted Mill, LLC. as to acceptability and quality in keeping with the theme of The Painted Mill. The Painted Mill may, at its sole discretion, determine items placed for sale by a Vendor to inappropriate for display and sale at the The Painted Mill and shall cause the items to be removed from the sales area.
18. Maintenance - Vendors shall keep their assigned spaces neat, clean, organized and tastefully arranged with approved antique/collectible merchandise so as to maximize its visual appeal, allow for freedom of movement and perusal by invitees, and be free of danger, obstructions or clutter. Vendor shall also periodically reorganize, freshen and re-merchandise their space and Vendor shall continuously replenish sold merchandise and introduce or rotate fresh merchandise within their space.
19. Personalizing Your Space – Each Vendor can personalize their space. You may decorate walls and hang from ceiling with any of the following: wood, corrugated metal, burlap, drop cloth, crates, old doors, old windows. You may hang lighting from the ceiling.
20. Use - Vendor may use their rented space to paint furniture before or after a sale. Vendor must stay within their vendor space, must be courteous to neighbors, must use a low VOC paint, stain and wax and may not sand or spray paint inside the building. Sanding or spraying MUST be done outside. If a Vendor violates this clause they will receive one (1) verbal notice to refrain from such activity. Due to health concerns for fellow Vendors and customers should the violation be repeated the contract with The Painted Mill will be terminated and any unearned rent and security deposit will be forfeited by offending Vendor. If a complaint arises from the use of low VOC paints from fellow Vendors, management will endeavor to reach a compromise with the goal of satisfying the needs of all concerned.
21. Commission - Vendor shall have the option to place separate approved items at The Painted Mill, LLC. in other areas of the store as solely designated by The Painted Mill for sale on a consignment basis at 30/70 split paid to The Painted Mill when consignment item is sold. Vendors who place additional items for sale outside of their rented space listed below will have to indicate consignment on sales tag with a letter C behind your Vendor #.
22. Tools –Vendors have permission to use tools in the Vendor tool box under the counter. The tools are not to leave the building. Please return after use.
23. Loading and Unloading – We will have a ramp installed to help with loading and unloading. We will have a designated Loading space for customers.
24. Delivery – We will offer a 3rd party delivery service. Customers will set up the delivery directly with the delivery service.
25. Parking – Vendors may park next to the building when loading and unloading. During the days The Painted Mill is open to the public, Vendors must park away from the building allowing our customers the convenience of parking in the prime parking places.
26. The Whitehouse Market – The Painted Mill will host The Whitehouse Market 4 times a year. The Market will be held on the lawn and have 10 to 20 vendors. The Market will always fall on a Sunday during the sale.
27. Abandonment – If a vendor doesn’t return to pick up merchandise within 30 days of ending lease. Or never comes back to replenish merchandise within 60 days. The Painted Mill will consider this abandonment and will take possession of all items after 30 days. The Painted Mill will sell items and keep all profits.
28. Revision – At any time The Painted Mill can make revisions to this contract.
29. Illegality – Severability: In the event any provision or provisions of this Agreement shall be deemed by a court of competent jurisdiction to conflict with applicable law, such provisions shall, at The Painted Mill’s option either be (1) deemed modified to the extent necessary to comply with such law, or (2) severed from this Agreement and shall cease to be a part hereof. If such provision or provisions are so severed, the remainder of this Agreement shall remain in full force and effect.
30. Entire Agreement: The Painted Mill, LLC, Jennifer Jennings-Janson or Alice M Remsberg has made no promises or representations except those stated in this Agreement and it is agreed that the agreements herein contained can be changed only in writing and signed by The Painted Mill, LLC and the Vendor.
ADDENDUM:
Vendor’s Name ________________________________ Cell ____________________
31. Business Name ____________________________________________________________
32.
Vendor’s Address __________________________________Email ____________________
33. ________________________Zip __________mail__________________________
Website:__________________________________________________
Facebook Page: ____________________________________________
Assigned Space #: ____________ Vendor Identification # : ___________
Monthly Rent $__________________________________
Security Deposit $___________________________________
Lease Term Start Date ___________________________________
Vendor’s SS # or Federal ID # ____________________________________
Maryland Sales and Use Tax Registration #________________________________
PLEASE CIRCLE ONE: I DO or I DO NOT want my next month’s rent deducted from my monthly sales
1. In consideration for receiving permission to use The Painted Mill, LLC., ("the facility") I hereby release, waive, discharge and covenant not to sue The Painted Mill, LLC. its officers, agents and employees, landlord (hereinafter referred to as "releasees") from any and all
liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss,
damage or injury, including death, that may be sustained by me, or to any property belonging to me,
whether caused by the negligence of the releasees, or otherwise, while renting, or while in, on
or upon the premises where the rental is being conducted, while in transit to or from the premises, or in
any place or places connected with the rental of the facility.
2. I am fully aware of risks and hazards connected with being on the premises and participating in
the rental of the facility, and I am fully aware that there may be risks and hazards unknown to me
connected with being on the premises and participating in the rental of the facility, and I hereby elect to
voluntarily rent the facility, to enter upon the above named premises and engage in activities knowing that
conditions may be hazardous, or may become hazardous or dangerous to me and my property. I
voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including
death, that may be sustained by me, or any loss or damage to property owned by me, as a result of my
being a renter of The Painted Mill, whether caused by the negligence of releasees or otherwise.
3. I further hereby agree to indemnify and save and hold harmless the releasees and each of them,
from any loss, liability, damage or costs they may incur due to my rental of the facility, whether caused
by the negligence of any or all of the releasees, or otherwise.
4. It is my express intent that this Release shall bind the members of my family and spouse, if I am
alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a
Release, Waiver, Discharge and Covenant Not to Sue the above named releasees.
In signing this release, I acknowledge and represent that:
A. I have read the foregoing release, understand it, and sign it voluntarily as my own free act and
deed;
B. No oral representation, statements or inducements, apart from the foregoing written agreement,
have been made;
C. I am at least eighteen (18) years of age and fully competent; and
D. I execute this Release for full, adequate and complete consideration fully intending to be bound
by same. (Initial________)
Vendor
I agree to the above condition of this contract with The Painted Mill, LLC.
Vendor Signature______________________________________ Date: ___________
Print Name________________________________________________________
The Painted Mill, LLC.
Owner _______________________________________________ Date: ___________
Print Name _______________________________________________________________________
For Office Use Only
Initial When Complete
_________________ - All information above is completed
_________________ - Photo ID of Vendor is copied and attached
_________________ - Sales Tax Certificate of Authority is copied and attached