DOWNTOWN EVANSVILLE FARMERS’ MARKET CONTRACT
Fridays, May 18- September 28, 2018
In consideration for the privilege to participate in the 2018 Downtown Evansville Farmers' Market, sponsored by the Vanderburgh County Farm Bureau, the2018 Downtown Evansville Farmers’ Market Board of Directors, and the undersigned Vendor(s) agree to the following:
The 2018 Downtown Farmers’ Market Board shall consist of a representative from the City of Evansville appointed by The Growth Alliance of Greater Evansville or Department of Metropolitan Development, a representative from the Sponsor organization, defined as the organization contributing the most financial support to the Market, and three elected Members of the Downtown Evansville Farmers’ Market.
a)The Market is administered by the 2018 Downtown Farmers’ Market Board, and the Market Manager hired by the Board. The Board and Market Manager will select and approve Vendors to participate, set fees, and determine Market policies and criteria for eligibility. The criteria of eligibility considered while reviewing applications are:
- The Vendor produces goods in compliance with the Farm Vendor guidelines for the categories of goods the Vendor offers for sale;
- The Vendor has had a positive history with the Market without prior contract violations;
- The Vendor’s products complement the product balance at the Market;
- The Vendor is committed to the general mission of the Market; and
- It is generally in the best interest of the Market, the public, and the Board to select the Vendor for the Market.
The Board will review applications and have the discretion to select Vendors whose products match the market mission the closest. The Board also oversees the Market and has authority to assign vending space, settle disputes, and disqualify or terminate vendors for violations of guidelines.
b)The Producer/Vendor (undersigned) gives permission to the Downtown Evansville Farmers Market Manager, its Board of Directors, its members, its officers, employees, agents and sponsors for the recording, photographing, reproduction, and broadcasting/telecasting of any visual or aural occurrences during market days of operation and/or preparation of market supporting promotional activities.
c)The Producer/Vendor (undersigned) agrees to comply with all operating rules, regulations, and policies set forth by the City of Evansville, DowntownEvansville Farmers’ Market, and its Board of Directors and Board-appointed Market Master.
d)The Producer/Vendor (undersigned) agrees to an annual Membership fee of fifty dollars ($50.00), payable with submittal of thisContract; plus a space rental fee of two hundred ($200.00),one hundred dollars ($100.00) of which is payable with submittal of this Contract and the remaining one hundred dollars ($100.00) due on or before June 1, 2017 .
e)All vendors’ spaces are to be assigned by the Market Manager or Board of Directors.
f)At the discretion of the Board or the Market Manager, day Vendors may be excluded from liability insurance requirement for a period not to exceed three days.
g)Market hours are 8:00 AM to 1:00 PM. All equipment must be removed from the market by 2:00 PM on market day. All spaces for vendors are reserved and assigned by the Board or the Market Manager. No Producer/Vendor is to set up prior to 6:30 AM. No equipment or tents are to be left on property overnight (no exceptions). Any equipment left on property after market hours is subject to removal by the Market Manager.
h)The Producer/Vendor agrees to clean their space after the market, and to carry away all trash from their area. Producer/Vendor trash is not to be left in the trash containers that are intended for the public. At the discretion of the Board or Market Manager, Vendors’ spaces not left clean will be charged a $50 clean-up fee.
i)If the Producer/Vendor (undersigned) is selling by weight, a certified scale must be used and guidelines issued by the State of Indiana and the 2018 Downtown Evansville Farmers' Market must be followed. The scale must be positioned so that the customer can see the weight of purchase.
j)The Producer/Vendor (undersigned) agrees to inspections by the Vanderburgh County Health Department and must comply with their standards.
k)Inappropriate language or conduct toward other vendors, customers, or the Market Manager of Board Members will not be tolerated and may result in suspension from the Market.
l)The Producer/Vendor (undersigned) agrees to provide a certification of liability coverage of one million dollars ($1,000,000.00) attached to this contract if selling produce, or five hundred thousand dollars ($500,000) if selling non-food items such as arts and crafts.
m)No smoking is allowed on any property designated to be the Downtown Evansville Farmers’ Market.
n)The Producer/Vendor will be allotted a space for a 10’ x 10’ tent. Larger tents will be charged a higher rate to be determined by the Board and the Market Manager.
o)The Producer/Vendor will be assigned a permanent place upon Registration. A Producer/Vendor is determined to be a “No Show” for the market day if not in place by 7:45 AM or if leaving prior to the 1:00 PM closing time. A “No Show”will not be eligible to hold that same assigned space for the next Market Day. Once a space is reserved, and the Vendor fails to set-up on a scheduled Market Day, the Vendor will not be eligible to hold the assigned space, and could be moved to another space at the discretion of the Market Manager and/or the Board, and will be charged the same fee for the Season. Multiple violations may be deemed by the Market Manager and/or the Board of Directors to be a breach of contract resulting in disbarment from the Market.
2. ELIGIBILITY OF VENDORS
a)A “Producer”is a vendor who is consistently involved with and participates substantially in the production of permitted goods sold pursuant to this agreement. The Producer must have a direct relationship and produce their own essential products. An ‘’essential’’ product is defined as that part of a product that is produced by the vendor’s labor.
Producers are required to display a sign oneach Market Day stating their name, name of business (if applicable), address, phone number, and that they are a Local Producer. “Local” is defined as a 100 mile radius from the Third and Fourth Streets Market location in Evansville, Indiana.
Additionally, Producers must label each product’s price and whether price is by piece or pound.
b)‘’Artisans’’ are artists or craftsmen that significantly alter and enhance starting material, and the finished product should artistically dominate any commercial components used in the product. Purchased raw materials or commercially prepared products may not be sold, unless significantly transformed through handcrafting to create original quality work by the vendor.
c)Re-selling is strictly prohibited! Any Producer or Artisan Vendor who is found to be buying and re-selling goods purchased at an auction, from a wholesaler, or from a retailer, will be barred from the Market permanently.
d)A Producer or Artisan Vendor agrees to abide by all applicable federal, state and local laws and ordinances, and agrees that the violation by Vendor of such a law or ordinance may be deemed by the Board to be a material breach of this agreement.
3. APPLICATION/AGREEMENT TO SELL
The Producer/ Vendor must have completed in full and signed this agreement or be named in this agreement and have authorized another person to sign on his/her behalf and have paid all applicable Producer/Artisan/Vendor fees .
Contracts must be signed and returned to Downtown Evansville Farmers’ Market, at 1643 Riverview Ct., Evansville IN, 47713 along with the Application to be eligible for an assigned spot at the Market for the duration of the season.
Checks for the Registration Fee ($50.00) should be made payable to Downtown Evansville Farmers’ Market and paid with the Contract submittal. The Space Rental Fee ($200.00) can be paid with the Contract or in two payments ($100.00 each); one with the contract and the second on or before June 1, 2018
4. REMEDIES FOR BREACH; APPEAL
a)Violation of any material provision of this Agreement is a material breach and considered default by the Vendor. Upon notice by the Board, or the Market Manager to the Vendor of the occurrence of a breach or default during Market hours, and the Vendor's failure to correct the breach within a reasonable time at the Market, the Vendor agrees to remove personal equipment, clean the area, and vacate the Market premises. Failure to vacate may not only subject the Vendor to immediate termination of this Agreement, but may also subject the Vendor to civil and criminal remedies, including, but not limited to, remedies for civil and criminal trespass.
b)If the Board or the Market Manager has reason to believe that a Vendor did not produce the goods he/she is selling at the Market, or that other conditions exist that may constitute a violation of this Agreement or adversely impact the health or safety of Market patrons, the Board reserves the right to conduct an investigation which may include an inspection at the Vendor's property. The undersigned Vendor hereby authorizes the Board to conduct such investigation and inspection. The Vendor also agrees to provide the Board such opportunities as it deems necessary to view and obtain copies of the Vendor’s records related to the goods sold at Market. If the Board determines, after investigation, that there is a reasonable likelihood that the Vendor did not produce the goods he/she offered for sale at the Market or has otherwise violated this Agreement, the Board may, in its sole discretion, declare a material breach.
c)Upon occurrence of a material breach of this Agreement, or when communication between the Vendor and the Board, or the Market Manager and/or the Vendor’s colleagues breaks down, the Board reserves the right to declare this Agreement terminated, by so stating in a written notice to the Vendor, and to retain, as liquidated damages and not as a penalty, any fees prepaid by the Vendor.
d)The Board has the right to make regulations regarding the Market and determine whether Vendors are in compliance with its regulations. The Market Manager is an employee of the Board. All decisions by the 2018 Downtown Evansville Farmers’ Market Board are final.
5. COVENANT NOT TO SUE
The Vendor will not institute any action or suit at law or in equity against the City of Evansville, The Growth Alliance for Greater Evansville (GAGE), the Evansville Department of Metropolitan Development, the Farm Bureau, the Board, the Market Manager, or any of their employees as a result of operations under this Agreement. The Vendor will not aid in the institution or prosecution of any claim for damages, costs, loss of services, expenses, or compensation for, or on account of, any damages, loss or injury to person or property as a result of operation under this Agreement.
6. LIABILITY AND INDEMNIFICATION
The Producer/Artisan/Vendor is solely responsible for damages resulting from the sale of unsafe or unsound goods.
The Producer/Artisan/Vendor is solely responsible for damages or personal injury resulting from the use of umbrellas and other weather protection devices.
The Producer/Artisan/Vendor hereby agrees to indemnify, hold harmless, release, waive and forever discharge the City of Evansville, GAGE, the Department of Metropolitan Development, the Farm Bureau, the Board, the Market Manager, and its employees, agents and officers, for all bodily and personal injuries, including injuries resulting in death, and property damage, claims actions, damages, liabilities and expenses, including reasonable attorneys' fees and court costs, which may occur as a result of Producers’/Artisans’/Vendors’ participation in the Market, whether or not sounding in tort or contract, and whether or not caused by a negligent act or omission of by the City of Evansville, Department of Metropolitan Development, GAGE and/or the Board, its employees, agents or officers.
I hereby certify that the information contained in this registration form is true and correct; I have read the general release and indemnity statement and will comply with them. I understand that it is my responsibility to make sure that anyone working with me at the Farmers’ Market has read and understands this agreement.
This agreement is effective upon signature by Vendors/Artisans and the 2018 Downtown Evansville Farmers’ Market Board and the Market Manager, and is valid only for the 2018 Market Season, starting on May 18, 2018 and terminating at the close of the Market on September 28, 2018, or at any later termination date that has been approved by the Board.
Vendor's Signature Date Market Manager Date
______Downtown Evansville Farmers’ Market Board Representative Date
Submit Contract to:
Downtown Evansville Farmers Market
1643 Riverview Ct.
Evansville, IN 47713
Thank you for participating in the 2018
DOWNTOWN EVANSVILLE FARMERS MARKET