XI. RE-SALE ENFORCEMENT AGREEMENT
I understand that it is strictly forbidden for any producer, as defined in the Urban Village Farmers’ Market Association (UVFM) Rules and Regulations, to resell products whether they are certified or not, at any Certified Farmers’ Market which UVFM operates.
I am also aware that State law forbids the re-sale of fresh fruits, nuts, vegetables, shell eggs, apiary products, flowers, and nursery stock at any Certified Farmers’ Market.
I realize that UVFM will suspend any owner, producer, employee or representative associated with the business that violates this important rule/law. A suspension applies to all markets managed by UVFM.
1. Upon first violation of re-selling:
a. At minimum, UVFM will immediately suspend the owner(s), producers(s), employee(s), or other representatives associated with the business for (1) one calendar year. Conditions for re-entry will include the costs of two (2) visits to the farm or other locations where products are produced, processed or held.
b. At maximum, UVFM will immediately suspend the owner(s), producers(s), employee(s), or other representatives associated with the business "in perpetuity”.
2. Upon second violation, there will be immediate and permanent disqualification of the owner(s), producers(s), employee(s), or other representatives associated with the business.
In the event the suspended party legally contests a decision of the Board of Directors, and the legal matter results in a decision favorable to UVFM, the suspended or disqualified party shall be liable for payment of the necessary and reasonable attorney’s fees of UVFM.
Acknowledgment:
The undersigned acknowledges receipt of, and agrees to abide by, the Rules and Regulations and Community Code of Conduct of the Urban Village Farmers’ Market Association (UVFM) pursuant to the interpretation of Market Management. The participant agrees to indemnify and save harmless the sponsors of the market site, Urban Village Farmers’ Market Association, its Board of Directors, agents, servants and employees from and against any and all liability, claims, demands, expenses, fees, fines, penalties, suits, proceedings, and any damage, injury, or loss to any person or persons, including, but not limited to, persons to whom the participant may be liable under any workers compensation law and the participant him/herself, and from any loss, damages, cause of action, claims or suits for damages, including, but not limited to, loss of property, goods or merchandise, caused by, arising out of, in any way connected with participants use of the privileges herein granted.UVFM shall not be liable for losses or any other liabilities whatsoever, for the failure to operate a market due to holidays, destruction by fire or other calamity, or by act of God, strikes, statutes, ordinances, or any legal authority or any other cause beyond the UrbanVillage Farmers’ Market Association’s control. I hereby declare that I have the authority to sign this acknowledgment/agreement as to the participant or the participant’s representative.