This Vendor Agreement and Indemnification (this “Agreement) is made as of the date set forth herein below, by and between the undersigned vendor ("Vendor") and the EEC Englewood Event Center – Farmers Market, once approved and signed by EEC Market Manager.
In consideration for the limited right to use an allocated space (the “Space”) in the EEC Englewood Event Center for the sale of goods at the EEC Englewood Event Center – Farmers Market and the market manager services provided by the EEC Englewood Event Center – Farmers Market, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Vendor agrees as follows:
1. Rules of Operation.
Vendor has received a copy of the EEC Englewood Event Center – Englewood Market Rules of Operation (the “Rules”) and hereby agrees to comply with the Rules.
2. “As Is” Condition.
Vendor has inspected the Space and agrees to use the Space in its “as is” condition;
3. Allowed Goods.
Vendor will use the Space solely for the purposes of the Market to sell fresh fruits, vegetables, flowers, sauces, meats, cheeses, other food products and / or ancillary items, crafts, clothing, health care products, cleaning supplies, etc. The Space shall not be used for any other purposes without the EEC Englewood Event Center – Englewood Market prior written permission.
Products of eligibility for sale are as follows:
Fresh fruits, vegetables, nuts, plants, flowers, honey, baked goods, fresh eggs, fresh seafood, sauces, meats, cheeses, herbs and any items which are grown or growing, gourmet food items, other food products and /or ancillary items, as well as hand-crafted jewelry, pottery, ceramics, gourmet food items, essential oils not available at local retail merchants, personal care products, clothing, paintings, photography, home décor, brewed coffee, hand-held food items including those made on site, and other unique items. The Space shall not be used for any other purposes without the EEC Englewood Event Center – Englewood Market prior written permission.
Products, including handcrafted items WILL BE JURIED by the Englewood Event Center Market Manager.
With your application please include: photographs of hand-crafted items, descriptions and relevant brochures, and/or data that you have for any items that you wish to sell at the market.
Alcohol or cooked concession style food shall NOT be sold by any vendor unless preapproved by EEC.
All vendors approved to sell food must have proper food license's required.
4. Market Days.
The Market will operate on every Tuesday between the Hours of 9:00 a.m. to 1:00 p.m.
5. Vendor Space
Each vendor will be assigned a designated area to display and sell merchandise. The Market Manager may relocate any vendor to another designated area at the Market Manager’s discretion.
Each vendor shall keep his/her designated area in a reasonably neat and clean appearance during the operating hours of the market and shall be responsible for seeing that his designated area is cleaned up at the close of the market.
Each vendor shall be required to maintain/ his/her designated area in a safe condition and shall not create any hazardous conditions or allow any such conditions to continue.
Vendors shall park vehicles in designated, paved parking areas as stated by the Market Manager.
6. Set - Up and Teardown
Set-up starts at 6:30 am and is required to be completed by 8:30 a.m. on each Market Day. Vendor shall cause its stands to be erected in the Space. Vendor shall only erect stands for the purpose of selling goods to be erected on grass portions of the Space. By 1:00 p.m. on each Market Day, Vendor shall cause its stands to be disassembled and its Space to be cleaned of all debris. Vendor shall cause its Space to be restored to the condition it was in before the Market Day. Failure to return space to its original condition will result in a $100 fine or termination of contract for all future markets, (it’s simple, police your area and clean up all your stuff). Vendors are to vacate the area by 2:30 p.m.
EEC will supply barricades and basic garbage cans for use in the market area by the public on each Market Day and will remove the barricades and garbage cans after 2:30 p.m. on each Market Day. Vendors are not allowed to dispose of large quantities of products such as unsold vegetables, boxes, packing, fruits, etc. Pack what you brought in, out with you, EEC is not your waste disposal site.
Vendor shall indemnify, defend, and hold and save the EEC Englewood Event Center – Farmers Market, their respective officers, directors, agents and employees (together, the “Indemnified Parties”), harmless from any and all claims, suits, demands, debts, undertakings or proceedings of any kind or nature, whether meritorious or frivolous, in any way arising out of the Vendor’s use of the Space, including liability caused in whole or in part by the Indemnified Parties. Vendor shall, at its own expense, appear, defend, and pay all attorneys’ fees and all costs and other expenses arising there from or incurred in connection therewith; and, if any judgment shall be rendered against the Indemnified
Vendor shall procure and maintain commercial general liability insurance with limits of not less than $1,000,000 per occurrence, naming the Englewood Market as additional insured covering vendor's participation in the Englewood Market.'
EVERY MARKET WILL CONTINUE "RAIN OR SHINE"
If the Market has to be cancelled due to extreme weather, or any other natural disaster, booth fees will be transferred to the next following market.
In the event of pending bad weather, the Market Manager may send out communication to vendors that a market date is “optional attendance”. If a vendor chooses to not attend on one of these optional dates, the absence will not be counted against them, but no financial credit will be given to a vendor who chooses not to attend.
No refunds are provided for cancelation by the vendor. In the event that a vendor is unable to attend a scheduled market at Englewood Event Center, they are required to notify the market manager in advance of the absence. If any vendor is absent from the market for more than two consecutive Saturdays without notifying the Market Manager, the rights of the vendor may be terminated under this agreement. Excessive absences may result in the termination of this agreement.
In the event any vendor shall fail to conform to any of the terms, covenants, and conditions of the agreement or rules and regulation of the Englewood Market Vendor Agreement, as they may be made from time to time, the Englewood Market Manager shall have the right to immediately terminate vendor’s rights in the agreement without waiving any other rights or remedies of the Englewood Market Vendor Agreement.