TERMS OF SERVICE
AGREEMENT TO GENERAL GUIDELINES
By purchasing participating special events or registering our memberships to access reoccurring markets hosted on Pop Shop Spaces (henceforth referred to as "PSS"), you are agreeing to the this Term of Service and to the General Guidelines that pertain to expectations and behaviors during operations of these events.
PSS does not operate direct any of the hosted events offered within this service. This service only allows the hosting, communication, and booking of the special events and reoccurring markets as a conduit between the hosting event management and the participating vendors. Therefore, Pop Shop Spaces is not responsible or liable for the actions and planning performed by each event management respective to their hosted event bookings on our service.
EXPECTATIONS OF PARTICIPANTS
Communication of all vendor expectations and event management expectations for each other are limited to the scope provided on our online service with Pop Shop Spaces. It is the responsibility of both parties to communicate with one another if questions arise or if any necessary information is not clear to either party.
There is no guarantee of exclusivity in a category for any vendor, but the market will apply category-caps for each vendor type hosted. We require every participating vendors to have to have an active membership with us in order to attend offered markets, and/or have paid the booking fee in regards to the attendance of any special events.
When purchasing individual events, your registration is non-refundable unless PSS cancels the event in-advance. Also registrations are non-transferable; passing attendance to another vendor is prohibited. If a registrant is denied for any reason, after a payment is made, you will be notified via email and a refund will be returned promptly. Markets that may be subject to unfavorable weather conditions do not warrant a refund, decrease in already paid fees, or credits toward future events unless otherwise permitted by the PSS in an email notice.
PERMITS (HOUSTON / HARRIS COUNTY)
As an independent business to the market, you must handle your own taxes and city regulated permits. We require vendors to show proof of their Texas State Sales Tax ID before each event they participate in. An itinerant permit is required by the City or the Harris County Health Departments. It must be sent in with payment one week prior to the event if you are sampling, cutting or selling prepared foods. Please check their requirements to see if this applies to you. In regards to food vendors needing the use of their own propane supply, you are required to be permitted under the Houston Fire Safety Ordinance. Resource links are provided here:
TX SALES TAX - https://comptroller.texas.gov/taxes/sales/
HOUSTON HEALTH DEPT - http://www.houstontx.gov/health/
HARRIS COUNTY HEALTH DEPT - http://publichealth.harriscountytx.gov/
PROPANE USE ORDINANCE - http://www.houstontx.gov/health/Food/mobilefoodunits/cru.html
It is recommended, although not required at this time, that vendors have business liability insurance in the amount of $1 million; product liability coverage in the amount of $1 million and commercial general liability insurance of a minimum of $1 million. Proof of such insurance coverage shall be provided to the Market Place owners upon request.
Any required vendor insurance policies should name both the establishment and PSS as an additional insured onto their Certificate-of-Insurance (COI) written into the Certificate Holder section published by the insurance provider. If asked for this insurance requirement, PSS will provide all participating vendors the addresses need to be added on the COI.
Vendors are required to comply with State and Federal Laws concerning firearms, and may not openly display firearms while selling at the markets or special events.
Vendors must supply their own tent, tables, chairs, signs, and other equipment necessary for the sale of their products. All vendors must provide their own 10' x 10' straight leg tents, not “splayed” so that the feet of the tent are 10’ apart, not more. There are not at this time any canopy color requirements. Tents cannot be staked into the ground – they must be free standing and have an adequate measure of included leg-weights (metal, sand, etc.) as a matter of public safety. All vendor products and equipment must be maintained and used in a safe, clean, and hazard-free manner at all times. All food must be kept at safe temperatures and stored at least 18” off the ground. Pedestrian walkways must be kept clear. Equipment and products must be free from sharp edges and other hazards.
Scales: Vendors who sell products by weight must use scales legal for trade and certified by the Texas Department of Agriculture.
ELECTRICITY RESTROOMS & WATER USE
Vendors must advise the Market Manager at the time of application of electrical requirements of any equipment planning to be used. Each vendor will be allotted one plug-in “socket.” Items that are permissible to plug in include fans, basic lighting, cash registers, and credit card machines ONLY. Anyone who pirates or misuses electricity will be unplugged and possibly expelled from the events. Vendors are responsible for providing their own outdoor approved extension cords (14 gauge or better) and mats to cover any and all portions of the cord that lie in any area utilized by market guests. Until officially announce, there is no guarantee for connection to electricity for vendors at this time.
It is the responsibility and requirement of each event's management (not PSS) to secure publicly accessible restrooms, with running water, cleaning material, and signage. Water used should be provided from the establishment’s own plumbing system that connects to the tap-water lines from the City.
INCLEMENT WEATHER PROCEDURES & SAFETY EQUIPMENT
Vendors should be prepared for all types of weather. When it is raining, vendors should pull tables to the back of their canopy to allow customers to get out of the rain. We strongly recommend bringing a box of trash bags or roll of flexible clear plastic in case of rain to cover merchandise if necessary.
Use of halogen lights in or around your booth is permitted at all times, unless the event management states otherwise.
SETUP & PROCEDURES
We will email a weekly announcement which will consist of each vendor’s check-in time, location, etc. The Manager will collaborate with each vendor to assess how much time is needed to set up. Vendors with the most products or labor -intensive setup, will be scheduled first. Food vendors will have first time frames for setup.
Vendors must always be provided with safe, controlled load-in access by the event management. Setup times are determined by the event management, but vendors should inform market management of their planned arrival time and should always check-in upon actual arrival. Tents should be setup, vehicles removed from the market area, and ready to sell no later than 30 minutes before open of market designated by each event start-time. Late arrivals (i.e., showing up at the Market less than 15 minutes before the start) may have to be relocated from their usual space or possibly barred from entering if deemed necessary by the event management.
Assigned Stall Placement
The Manager will assign stalls based on the best interests of the market as a whole with considerations of ADA compliance and various needs of particular vendors which include, but not limited to, available space, logistics of placing trucks and trailers needed by each vendor for access to electricity. Stall placement preferences will be considered, but are not guaranteed. All efforts are made for each vendor to be in the same location and placed strategically throughout the parking lot so the same categories are not in extreme close proximity of each other. This is subject to change at the discretion of the Manager. You may not share your booth with any other vendor or product. All exhibitors must be “on the books” as paid in full.
Equipment & Setup
We aim for a clean, attractive looking stall spaces. Vendor displays MUST stay in designated space. This includes display racks, tables, etc. Items, tables or racks must be contained within the confines of the 10’ x 10’ canopy tent in the assigned space. Booth space cannot extend beyond the allotted space. The Manager will conduct a stall inspection before and after the event. LWO Market will provide receptacles in the common area aisles for use. One dumpster is available for market use. It is the responsibility of each vendor to maintain a clean stall space and to clear the area of debris during and after market.
Clear, readable and attractive signs are essential for communicating with guests. All vendors must display signs, which identify their business. If a producer wishes to display a “certified organic” designation, the producer must have organic certification. If a producer wishes to be designated as “sustainable,” they must provide evidence to the Manager that they are using primarily organic growing practices. “Conventional” is the default designation for type of growing practices employed. Signs identifying products and accompanying prices are strongly encouraged. All signs must be truthful and not misleading. Farm photos are also strongly encouraged. Signs, marketing materials, or other written displays that are political or religious in nature are prohibited. All signage is ultimately subject to the approval of the Manager.
Breakdown & Procedures
All vendors must remain set up for the whole duration of the market, with tents and tables in place, even if they have sold out for the day. Do not break down or bring vehicles in the event area before 8:00 p.m. Food vendors should be prepared to discontinue cooking new food approximately 30 – 45 minutes prior to the shutdown time of the festival. The event will end promptly at the designated time each evening. Vendors must breakdown promptly after close of market unless otherwise approved by the Manager as the location host will remain operating after market hours. Vendors are responsible for clearing all merchandise, equipment, trash, etc. no later than 10:00 p.m. All vendor equipment, including tents, weights, and tables must be removed from the market site after each market. There is no on-site storage at this time.
EVENT PARKING & SAFETY
Unless a vehicle is integral to the conduct of a vendor’s business, vendor vehicles must be parked in the area the event management designates for vendor parking. If the vehicle is integral to the conduct of business, it is the vendor's responsibility to inform the event management adequately beforehand as to allow proper space planning.
Though it is the responsibility of both the event management and the participating vendors to coordinate parking designation during each event, it is recommended that no vendor vehicles park or obstruct public parking to the event. Doing so can be a detriment to not only the safety of guests, but it may also lower vendor sales by not allotting guests easy access to the event.
VENDOR ATTENDANCE/PARTICIPATION & CONDUCT
The Market Manager has final authority on site to interpret and enforce rules and regulations related to the conduct of all vendors and visitors of the market.
Attendance & Participation
In cases of cancellations, a VENDOR must notify the event management at least 24 hours before the missed market.
PSS events are typically family oriented. Vendors are expected to follow the highest business and ethical standards at the market and conduct themselves in a manner that is courteous, professional, and respectful to all other vendors, market personnel, and the public. No threatening, abusive, or harassing behavior or language is permitted.
Vendors are not permitted to sell items that are vulgar, offensive, or obscene. All merchandise must be acceptable for children under the age of 18 to view. Any vendor and/or their volunteers using vulgar or obscene language or wearing articles of clothing with vulgar pictures, wording will be asked to leave immediately. Additionally, the offending vendor will be removed from our vendor list for future events. Decisions regarding these matters are at the discretion of the Manager.
Unless otherwise stated by the event management, music is generally permitted inside vendor’s stall with the respect of not disrupting neighboring vendors and customers. Music shall not be played loud and have profanity.
ALCOHOL & TOBACCO
Alcoholic beverages and smoking are not permitted in the vendor booths. Specifically, adult beverage consumption by vendors or vendor assistants will not be allowed within the confines or immediately surrounding area of the vendor’s display. Violators will be escorted from the event znc will not be allowed to participate in any future CDP events. If you must smoke, exit the barricaded area. If you wish to enjoy an adult beverage, do so in the indoor bar of the establishment and away from the vendor booth area. Little White Oak is a tobacco free zone. No smoking in booths by vendors. Health Department Rules.
Vendors must wear clean and appropriate attire, including shirts and closed toe shoes (gravel parking lot), while on market premises.
Each vendor shall remain on his own market space when selling products. Sales should be conducted in an orderly business manner. No shouting, hawking or other objectionable means of soliciting shall be tolerated. Fraudulent or dishonest practices are prohibited and will be a basis for removal by the Manager. If a customer has a problem with a product purchased at the market, the vendor from whom the product was purchased should replace the product or give a credit. If a customer complaint seems unfounded or excessive, the market manager may assist in resolving the issue. Vendors may not conduct any religious or political activities on market premise.
Should the event or its organizers and/or their agents, officers, directors, employees or volunteers, be sued for any negligent acts of a vendor or his/her employees or volunteers, the event insurance will subrogate against a said vendor for the full amount of any loss paid.
SUGGESTIONS / COMPLAINTS
Suggestions for market improvement are always welcome. Complaints or grievances should be brought to the attention of the Manager, who will investigate the issue and if a problem is found, address it.
MARKET RULES COMPLIANCE
Non-compliance with market rules or a violation that jeopardizes the mission of the market, the health of a guest, vendor or others will result in disciplinary action at the discretion of the Manager and may include exclusion from the market for a period of time or termination of the vendor’s participation in future markets. No refunds – No exceptions.
Applicant agrees upon checking the box on the application and submission their application to be bound by these policies, rules, and procedures and will abide by them.
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