TERMS AND POLICIES OF THE CONTRACT FOR VENDING IN THE ALL GOOD BEVERAGE CO. FARMERS MARKET
In consideration of the opportunity to license stall space(s) and sell products in the ALL GOOD BEVERAGE CO. (henceforth referred to as AG) Farmers Market, AG and the Vendor, by reading and affirming in the Vendor Application, agree to the following terms and policies, which are incorporated into the Contract in their entirety:
1. DEFINITIONS.
When capitalized in this Contract, the following terms have the following meanings: "Approved Categories" means the categories of products that Vendors may sell at the Market, as set forth in Section 4.C. below. "Contract" means the CONTRACT FOR VENDING IN THE ALL GOOD BEVERAGE CO. FARMERS’ MARKET, which each Vendor must agree to, and into which these Terms and Policies are incorporated.
"Market" means the AG Farmers Market. “Daily Vendor” means a Vendor who intends to vend during the AG Farmers Market season and who agrees to the Contract.
"Product Rules" means those rules concerning the products which a Vendor may sell at the Market in accordance with Section 4 below.
"Terms and Policies" means the terms and polices referenced herein.
"Vendor" means a Daily Vendor who is directly involved with the production of items to be sold at the Market. This would include planting, tending, and harvesting produce, and creating craft items from raw materials.
"Vendor Fees" means the fees which a Vendor is required to pay under Section 6.A. below.
2. MARKET POLICIES AND ADMINISTRATION.
A. Role of AG. AG shall administer the Market. AG reserves the right, in its sole discretion, to terminate the Market, to change the times, dates, locations, or policies relating to the Market, and to terminate any Vendor’s CONTRACT FOR VENDING IN THE AG FARMERS MARKET.
B. Market Policies. AG shall establish all Market policies, including policies applicable to customers as well as Vendors, and shall set all Vendor Fees.
C. Market Master. AG shall appoint and supervise the Market Master, who will coordinate with Vendors to provide information about, interpret, and implement Market policies, oversee the Market operations, oversee Market set-up, assign vending spaces based on availability, collect fees, and assess or recommend the assessment of discipline of Vendors who violate these Terms and Policies or otherwise fail to satisfy their obligations under this Contract.
D. Questions and Complaints. Vendors may direct concerns or questions regarding operation of the Market to the Market Master. Vendors may make complaints to the Market Master or may submit written complaints directly to shayna@goodpeoplebrewing.com
3. MARKET OPERATIONS.
A. Market Schedules. The Market will operate from 11:00 a.m. to 3:00 p.m. on each Sunday from June 14th through October, (or as AG decides). Vendors may have access to their space(s) beginning one hour before the starting time and must vacate the AG premises by no later than 4:00 p.m.
B. Vendor Documentation.
1. Each Vendor must agree to Contract and pay all required Vendor Fees. Fees are currently set at $50 per attendance until Vendors maintain 3 consecutive attendances, at which point, Fees are lowered to $25 per attendance
2. When acknowledging his or her Contract, each Vendor must submit a certificate or certificates of insurance evidencing adequate insurance to operate such vehicles as are needed to vend at the Market and adequate general liability insurance. AG may reject or terminate any Contract if AG determines in its sole and absolute discretion that a Vendor’s coverage is inadequate.
C. Assignment of Vending Spaces.
1. The Market Master will allocate spaces for Vendors in advance of the opening of the Market. The Market Master will assign spaces as available, giving priority to Returning Vendors.
2. In assigning spaces, the Market Master will use a point system that rewards Vendors with the longest and most consistent participation in the Market, based on the number of seasons of participation and the number of days of attendance.
D. Vendor Parking.
1. Vendors at the Market must park vehicles as directed by the Market Master. Vehicle drivers must comply with the direction of the Market Master, BHM Police Department, or Security Patrol (if present).
E. Equipment and Supplies.
1. Vendors at the Market may supply a stand, counter or tables not to exceed the boundaries of his or her stall space(s) and these, including products, tents, and displays, are allowed only up to the stall space area as prescribed by AG. The designated Hugh Kaul Trail/grass area must be kept clear for pedestrian use. Umbrellas or other weather protective devices may be supplied by the Vendor. Vendors are solely responsible for damages or personal injuries resulting from the use of their equipment and supplies. Produce and products marketed from stalls are to be marketed, shown, or placed next to or on its presenting counter, table(s), or as directed by the Market Master. All tents and/or canopies must be adequately anchored with ballast and are subject to inspection by the Market Master.
2. AG currently has no plans to permit Vendors’ use of electrical appliances . Should AG decide to permit such sales in the future, AG will notify Vendors and additional requirements, including but not limited to those that follow, will apply. Vendors’ electrical equipment and use of electricity are subject to inspection by the AG Market Master.
F. Vendor Conduct.
1. Vendors must comply with all local, state, and federal laws and regulations that apply to them. Vendors are solely responsible for their own compliance with such laws and regulations.
2. Vendors must comply with the Product Rules, below.
3. Vendors who are scheduled to vend at the Market on Sunday must notify the Market Master if they will not be attending on a particular Sunday Market day by no later than the preceding Friday at 3 pm.
4. Vendors must set up their own displays on each day they offer goods for sale at the Market. Vendors must be present while their goods are offered for sale. Vendors may not share their assigned space with others without the consent of AG, but they may assign persons to assist them. Vendors retain full and exclusive responsibility for their Market space(s), for their sales, and for the actions of their assistants.
5. The price of all items must be clearly indicated. The Market Master may require Vendors who fail to provide adequate labeling to correct the failure.
6. AG currently has no plans to allow sales of food items cooked on-site at AG. Should AG decide to permit such sales in the future, AG will notify Vendors and additional requirements, including but not limited to those that follow, will apply. Vendors who are cooking on-site must keep a Class-K fire extinguisher that is visible and accessible at all times. Any appliances (such as grills) and tools used for cooking at the Market are subject to inspection by the AG Market Master. Any Vendors selling potentially hazardous foods must provide their own thermometer(s) and ensure that such foods are kept at the appropriate temperature.
7. Vendors selling any article by weight or measure at the Market must use scales certified and within inspection date(s) by the Alabama Department of Agriculture & Industries Weights and Measures Division. All scales must be certified and approved for commercial sales prior to vending at the Market.
8. Vendors must dress appropriately, including shoes and shirts. In addition, if Vendors are preparing potentially hazardous foods, they must wear clean aprons.
9. Vendors must maintain their space(s) in a clean, safe, and sanitary manner. Vendors using cups, etc. for sampling purposes must supply a small trash can or attach a small garbage bag to their booth for their customers. Vendors must bring their own cleaning supplies, including sanitizer solution (with rags and buckets), brooms and dust pans. After each Market, Vendors must collect all trash or garbage that is generated in or around their booths and must sweep up all debris on the ground. Vendors must haul all such waste off-site for disposal. Vendors may not dispose of any waste, including produce waste, overripe or leftover produce or boxes, in any garbage receptacle on the AG premises.
10. Vendors must keep all food items at least 6 inches off the ground at all times. This includes dry goods, paper or plastic plates, spoons, forks, unopened beverage drinks, and napkins.
11. Vendors may not bring animals to the Market area, unless required due to disability.
12. Vendors must supervise their children at all times, and may not allow any children under 16 years old to wander the Market area without a parent or guardian.
13. Vendors must permit inspections by appropriate Jefferson County Department Health Inspectors. These Offices may conduct unannounced random inspections of the Market to ensure food security and safety, as well as compliance with all security protocols.
14. Vendors will cooperate with AG in conducting promotions and events to attract additional customers and to add to the atmosphere of the Market.
4. PRODUCT RULES.
A. Product Source.
1. At least 30 percent of all products that a Vendor sells must have been produced by that Vendor excluding concessions if allowed.
2. However, the other 70 percent of product or products that a Vendor may sell but that the Vendor did not produce must have been purchased by the Vendor directly from the producer of the product, excluding concessions if allowed.
3. Vendors may not sell any products that they purchased from wholesalers, distributors, retailers, or in an auction, provided that concessions, if allowed for sale, need not be purchased directly from their producers.
B. Product Quality.
All edible goods must be safe for human use and/or consumption. The Vendor is solely responsible for ensuring that their goods comply with all applicable laws and regulations. The Vendor is solely responsible for any damages resulting from the sale of unsound or unsafe goods. If the Market Master determines that a Vendor is offering any low qualify or unsafe product, the Market Master may require the Vendor (i) to remove the low quality or unsafe merchandise from the Market immediately and/or (ii) to vacate the Market. Any such determination will be made at AG’s sole discretion.
C. Approved Categories.
Vendors may only sell products that fall within one of the following Approved Categories:
1. Home Grown/Processed Farm Fresh by the Vendor: Fresh and unpackaged home-grown vegetables, fruit, nuts, and cut flowers; potted plants and herbs (annuals and perennials); dried flowers; and fresh, home grown food products that are minimally processed and packaged in new containers by the Vendor such as honey, other syrups, jellies, jams, preserves, persimmon pulp, dried spices and herbs, flour, cornmeal, unpopped popcorn, seeds, canned produce, cider and other pressed juices, dairy products, and vinegars.
2. Organically Home Grown/Processed Farm Fresh by the Vendor: any of the produce or products described above in (A) that have been organically grown, or made from produce organically grown, on a Vendor’s own farm. Only products which have been organically grown by a Vendor who is an organic farmer may be sold in this category. To sell in this category, a Vendor must be recognized as a certified “organic farmer” with the appropriate state department in Alabama or the state of his/her residence.
3. Other local Farm Produce or Products: any of the produce or products described in (A) that the Vendor purchased directly from other farms or producers within 120 miles radius of Jefferson County, Alabama, or any such products such as bakery goods produced by an Alabama commercial bakery.
4. Farm Produce or Products from Outside Alabama: any of the produce or products described in (A) for sale or obtained for resale from outside of Alabama.
5. Concessions: food and/or beverages for sale and immediate consumption at the Market if AG decides to authorize such sales in future. Absolutely no alcoholic beverage may be sold or offered as a free sample at the Market. Food and/or beverages sold as concessions must be prepared by the vendors; no prepackaged food and/or beverages sold as concessions may be purchased from wholesalers, distributors, or retailers.
6. Arts/Crafts/Misc.: handmade or handcrafted products which have been approved by AG may be sold in the Market if space is available. Vendors who have a storefront business will also be permitted to vend if approved by AG. All products that are not produced by the Vendor must be products of the USA.
7. The Market does allow Home Based Vendors to vend at the market under Alabama “cottage law”, provided they complete the approved food safety course and follow specific labeling/sales rules, as required by Alabama law. Vendors are solely responsible for their own compliance with such laws and regulations.
5. VIOLATIONS.
A. Excess Sales of Products Not Produced by a Vendor. If the Market Master determines that a Vendor has sold or is attempting to sell products purchased directly from a third party producer that total more than 70 percent of the total products the Vendor has sold or is attempting to sell, the Market Master shall notify the Vendor of noncompliance immediately. If a Vendor fails to correct such noncompliance immediately upon receiving such notice, the Market Master shall revoke the Vendor's vending privileges immediately.
B. Sales of Products Neither Produced by a Vendor Nor Directly Purchased From the Producer. If the Market Master determines that a Vendor has sold or is attempting to sell any products that the Vendor did not either produce or buy directly from another producer, the Market Master shall revoke the Vendor's vending privileges immediately.
C. Unsafe or Illegal Conduct. The Market Master may immediately terminate a Vendor's vending privileges immediately if the Vendor is selling unsafe or dangerous products, if the Vendor is violating any applicable law, rule or regulation, or if the Vendor is otherwise engaged in any unsafe or illegal activity.
D. Sale of Unpasteurized Milk Products. The Market does not allow the sale of “raw” or unpasteurized milk products either for human or animal consumption. If the Market Master determines that a vendor has sold or is attempting to sell any dairy products that are “raw” or unpasteurized, the Market Master shall, with the consent of AG, revoke the Vendor’s vending privileges immediately.
E. Procedures for Determining Compliance or Violations.
1. The Market Master may use his or her own observations, information provided by third persons, and information gathered in inspections to determine if a Vendor has complied with these Terms and Policies.
2. The Market Master will notify a Vendor if one or more of the Vendor’s products offered for sale at the Market appears to violate a Product Rule or is being investigated to determine if it violates a Product Rule or otherwise does not comply with these Terms and Policies. The Market Master will immediately terminate the vending privileges of any Vendor refusing to allow such an inspection.
3. The Market Master will at all times retain the authority to request a Vendor to correct any failure to comply with these Terms and Policies immediately, and to suspend the vending privileges of any Vendor who fails to make the required protection.
4. The Market Master will report all noncompliance or violations to AG, which may follow any procedures that it deems in its sole discretion to be appropriate in evaluating an alleged violation, and will decide whether or not a Vendor has violated the Product Rules or any other of these Terms and Conditions. The AG ruling will be final and binding for all purposes.
5. If the AG determines that a Vendor did not commit a violation, the Market Master will notify the Vendor and no further action will be taken. If AG determines that a Vendor has committed a violation, the Market Master will provide verbal notice to the Vendor terminating the Vendor's vending privileges effective immediately.
6. A Vendor whose vending privileges have been terminated will not be eligible to re-apply to become a Vendor until at least 12 months have expired following the date on which the Vendor's vending privileges were terminated.
7. Notwithstanding any other provision in these Terms and Conditions, AG may terminate a Vendor's vending privileges and the Vendor's Contract at any time if AG determines in its sole and reasonable judgment that a Vendor has failed to comply with any provision in these Terms and Policies. No Vending Fees will be refunded.
6. VENDOR FEES.
A. Amount of Vendor Fees. Each Vendor shall pay the following non-refundable Vendor Fees: Fee for once a week full season per space - $50 per attendance until Vendors maintain 3 consecutive attendances, at which point, the Fee per attendance will drop to $25 per attendance
B. Timing and Method of Payment. Vendors must pay Vendor Fees by credit card via the link in the confirmation email, in full by the preceding Friday at midnight.
7. COVENANT NOT TO SUE AND RELEASE OF ALL CLAIMS.
A. Market. Each Vendor at the Market, on behalf of himself, herself, or itself and his/her/its dependents, employees and agents, unconditionally promises not to assert or file, and hereby unconditionally releases, any action or suit at law or in equity alleging personal or bodily injury, death, or property damage in connection with or as a result of any activity under or in connection with this Contract against (i) AG or AG's officers, employees or agents, and (ii) GOOD PEOPLE BREWING COMPANY, LLC officers, employees and agents, regardless of the negligence or other fault of any of the foregoing.
B. Survival. This Section 7 shall survive any termination of the Contract.
8. INDEMNIFICATION.
A. Market. Each Vendor at the Market agrees to fully indemnify and hold (i) AG and AG's officers, employees and agents and (ii) GOOD PEOPLE BREWING COMPANY, LLC officers, employees and agents, harmless from any and all claims asserting liability, loss, bodily injury, death, or property damage, including settlements, judgments, and reasonable attorney fees and litigation expenses, arising from or related in any way to Vendor’s participation in the Market, regardless of the negligence or other fault of any of the indemnified persons or parties.
B. Survival. This Section 8 shall survive any termination of the Contract.