TERMS OF SERVICE
UPDATED DEC. 2023
By booking our events (whether free or paid-for), or registering to our memberships, you are agreeing to these Terms of Service that pertain to expectations and behaviors during operations of these events.
All vendors who participate with our events must maintain business liability insurance. The General Liability must be at least $1 million, and each vendor is required to turn in a certificate-of-insurance with the following Additional Insured added to it:
The Vendor Sender LLC
7315 Tours St Houston TX 77036
The required certificate-of-insurance must be turned in before a vendor arrives for any booked event from this platform.
NO VENDOR EXCLUSIVITY
There is no guarantee of exclusivity in a category for any vendor, but the market will seek a profitable balance between the variety of vendors to the average attendance expected. If a vendor can demonstrate how other vendors cannibalized their sales to the point of not covering the cost to operate in any one event, we will take the situation up for review for the possible benefit of credit or refund.
All vendor booking fees for the events off this platform are generally non-refundable. This non-refund policy is due to the transaction fees incurred that payment processors themselves do not redeem to the account holders. However, there may be exceptions for which reviews will be conducted to determine such outcome. A vendor being denied participation in an event is one such example where the vendor's fee can be refunded.
Vendors can credit missed event opportunities for future dates of equivalent amounts lost. However, credit can be revoked if a vendor proves to be continuously unreliable to their commitments. Warnings will be issued ahead of credit denial. Vendors seeking credit should notify us at least 7 days before the start of the event. Therefore cancellations notified within 7 days are up for review of whether or not a vendor fee is transferable as credit.
NON-TRANSFERABLE PARTICIPATION POLICY
Event registrations are non-transferable; passing attendance to another vendor is prohibited.
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
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.
STANDARD EQUIPMENT REQUIREMENTS
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. In addition, at least 25 lbs are to be secured to each of the four tent legs as a safety precaution of high winds.
Vendors who sell products by weight must use scales legal for trade and certified by the Texas Department of Agriculture.
TENT LEG WEIGHTS
All vendors are required to provide attached leg weights to their canopy setup. A minimum 25 lbs are required per leg. The risks of not doing so, beyond the potential injury of others as well as property damage by flying tents, is removal from the market by onsite management as safety precautions dictate. Vendors who demonstrate a lack of concern to this safety protocol may be barred from participating in all events.
POWER USAGE NEEDS
Vendors must inform the Market Manager ahead of the visitation date of any electrical requirements for any of their equipment planning to be used during the event. When possible, vendors will be notified and allotted any onsite power sources. Vendors must have their own extension cords that don't pose an electrical hazard or tripping hazard in their placement. Mobile generators are permitted and advised to be held as a reserve source of power needs. Vendors are responsible for securing their own mobile generators. Generators cannot conduct interference with neighboring vendors, or pose a potential safety hazard in their placement choices.
In all events this service produces, there will always be accessible restrooms for vendor and guest usage.
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
Each event description within the booking calendar will describe the setup procedures for that particular scenario. Additionally, we will email or text (or both) an announcement which will consist of each vendor’s check-in time, location, etc. Setup times are at minimum set to a standard one hour before the start time. Vendors with the most products or labor intensive setup, can contact the market manager for special needs and earlier setup time.
Vendors should inform market management of their planned arrival time and should always check-in upon actual arrival. Tents should be set up, vehicles removed from their initial load-in area, and ready to sell no later than the actual event start-time. Late arrivals (i.e., showing up at the market with less than 15 minutes before the starting time) may be barred from entering if deemed necessary by the event management.
Assigned placement for each vendor is determined by the market management for each event. Some markets may not have this assignment, whereas others may. The market management will assign stalls based on the best interests of that particular 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. Vendors may not share their booth with any other vendor(s), which includes not selling products of other businesses without full disclosure to the market management ahead of time. Finally, vendor setups must stay within their designated placements of the standard 10ft x 10ft space. This means no encroachment into other vendor spaces or the public transit space.
Vendor Equipment Integrity
Vendor tents (canopies), tables, chairs, and banners must all be of good integrity. This means the lack of holes, damages, or wearing so as to not hinder the vendor's ability to sell or risk the safety of anyone. Vendor tents will be primarily scrutinized by market management to inspect that the tent poses no structural damage that would otherwise create the hindrances as previously mentioned. Market management has the right to refuse the participation of any vendors whose tents, or other equipment, do not comply with the integrity of quality and safety.
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 the type of growing practices employed. Signs identifying products and accompanying prices are strongly encouraged. All signs must be truthful and not misleading. Product photos are also strongly encouraged. Signs, marketing materials, or other written displays that are political or religious in nature are generally prohibited, unless consulted with market management for approval. All signage is ultimately subject to the approval of the market management.
Vendor Behavior & Etiquette
Participating vendors will not step outside the booth space (the designated 10ft x 10ft operating space) and conduct selling pitches to customers. This risks the sales of neighboring vendors, and this behavior is subject to immediate removal by market management. Yelling sales pitches or playing music within a vendor's operating space (within their booths) is acceptable to a limited degree. Warning will be issued for when these measures hinder surrounding vendors from selling, or disturb customers to any measure. If warnings are not heeded, violating vendors risk immediate removal from the market. 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. Again, vendors not heeding to these standards may be barred from participation immediately.
Breakdown & Procedures
All vendors must remain operating until the last minute of the event end times. Tents, banners, and products must remain in operation until the last minute passes. Only after the end time has passed, can vendors start their breakdown processes. Vendors are responsible for clearing all merchandise, equipment, trash, etc. from their operational spaces.
EVENT VEHICLES, PARKING & SECURITY
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.
Public Parking Clearance
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 lower vendor sales by not allotting guests easy access to the event.
Vendors should not leave valuables unattended in vehicles (or anywhere generally speaking). This service or the event management is never responsible for the theft or damage of any materials (including the vehicle itself) within a vendor's vehicle.
Products & Behaviors
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. Additionally, the offending vendor will be removed from our vendor list for future events. Decisions regarding these matters are at the discretion of each market management.
Alcohol & Tobacco
Vendor consumption of alcoholic beverages or tobacco products are not permitted in-or-around the vendor booths. Violators will be escorted from the event and will not be allowed to participate in any future events. If you must smoke, exit the event area. If you wish to enjoy an adult beverage, do so at the direct permission of event management upon request. All our events are a tobacco free zone imposed onto participating vendors. Therefore, there is no smoking in-or-around booths by vendors. These are enforced also by Health Department Rules.
Vendors must wear clean and appropriate attire, including shirts and closed toe shoes (gravel parking lot), while on market premises. 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.
Each vendor shall remain in their 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 event management. 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 management may assist in resolving the issue. Vendors may not conduct any religious or political activities on market premises unless otherwise given permission by event management itself.
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 event manager, who will investigate the issue and if a problem is found, address it.
AGREEMENT & COMPLIANCE
By creating an account to this service, you (the vendor) are agreeing to the Terms of Service stipulated here. Non-compliance with these rules or a violation that jeopardizes the mission of the events, the safety of guests, participating vendors, or any others will result in disciplinary action at the discretion of the event management and may include exclusion from events on this platform for a period of time or termination of the vendor’s participation in future markets.
- updated 12/14/2023