Rules and Regulations.
City Market Rules & Regulations
Each vendor is responsible for obtaining a sales tax number, if required by the State of Texas, and collecting and paying any sales tax assessed on their product(s). The vendor shall be responsible for filing any and all returns required by the State of Texas with respect to sales tax collection. City Market does not get involved with tax collections, audits or related activities.
The City market Management will have final approval of all vendor participation.
The City market Management has final authority on-site to interpret and enforce rules and regulations related to the safe and enjoyable conduct of all vendors, visitors and employees of the market. Vendors not complying with instructions of rules of City Market or its Market Management will be considered in material breach and default of their application, and may be asked to vacate their premises immediately without refund.
Hours of operation are 10AM to 2PM each open day of market, rain or shine. The City Market management may elect to close the market in the event of threatening weather. City Market will be closed in the instance of below freezing weather.
All vendors, without exception, must sign the Insurance and Indemnity Agreement, rules and regulations, and the waiver and hold harmless agreement on their application before they can sell at City Market.
Vendors and Applicants are responsible for submitting all proper filings for requirements and providing proof of items to the Market Management.
Health & Safety
Vendors and their employees are responsible for informing themselves about and complying with federal, state, and local health regulations and licensing requirements governing the production, display, distribution and sale of their products.
Manufactured food products must meet Tarrant County Health Department requirements, including licensing and permitting rules.
All foods must be properly labeled. Unlabeled packaged and/or processed foods are not allowed.
Vendors providing samples of their products must comply with the rules governing sampling, market sanitation and health issues of the Tarrant County Health Department or other authorities, as applicable.
Market Conduct
All vendors and their representatives shall conduct themselves in a professional manner while at City Market, and in accordance with local, state and federal laws while at City Market.
The vendor is solely responsible for the damages resulting from the sale of unsafe, unapproved or unsound goods.
Vendors may not smoke in any vendor area.
Venue/Vendor Booths
Booth setup on market day begins at 7a.m.; breakdown begins at 2p.m. and must be completed by 3p.m. No breakdown before 2p.m. will be allowed.
A vendor may request more than one 10 x 10 ft. booth space. This needs to be listed on the Vendor Application and communicated to the market Management. Market Day Fees are submitted for each 10 x 10 ft. booth space that is utilized. Vendors that use multiple spaces may be temporarily limited to 1 booth space if the Market Vendor attendance is high during special Market events.
All canopies, including umbrellas, on-site at City Market during normal market hours, including during setup and breakdown, are required to be sufficiently and safely weighted to the ground. Each leg must be anchored with no less than 20 pounds. ANy vendor who fails to properly weigh his or her canopy may not be allowed to sell at City Market that market day, unless that vendor chooses to take down and stow their canopy and sell without it.
Vendors provide their own tents, tables, electrical cords, chairs, signs, refrigeration, duct tape and storage.
Trash must be placed into suitable containers and hauled off by the vendor; no trash may be left behind. Vendors must clean their space at the end of the market. A fee of $50 will be levied against a vendor if it becomes necessary for the City Market Management to clean their booth area after their departure. Said fees must be paid prior to any future participation at City Market by the vendor.
Venue Applicant Usage: In the event where there is destruction of property or City Market official(s) have to clean up the property after a Venue Event, the deposit will not be returned. Destruction of property will be determined by City Market Official(s).
Cancellations
City Market requires a minimum cancellation notice of 24 hours prior to the start time of the market. If cancellation is received after 8a.m. the Friday prior, or there is no record verifying the cancellation, the vendor will still be responsible for the booth fee for that market day. Vendors may email citymarketplace7206@gmail.com to cancel.
The City Market will not take verbal cancellations during a market day.
A vendor who is a no-show on market day will not receive a refund of their booth fee.
Weather Rules
City Market is both a covered and outdoor market.
Commercial General Liability Insurance can protect your business and the City Market in the event of accidents due to weather.
Rainy Day Rules
The City Market does not have any indoor options to move Markets during inclement weather, just the covered portion, that might be occupied at that time.
If there is thunder, lightning, high winds, and/or severe weather, then we are required to cancel the Market.
Windy Day Rules
On days with high winds or days with gusts, all free-standing display racks, sandwich boards, and shelves must be secured with stakes or weights. If this is not feasible, none of these items will be permitted. Please assess the weather conditions when setting up your booths.
If the winds starts to destabilize canopies or other display items, all vendors will be required to take down canopies and remove free-standing display items for the remainder of the Market day.
In severe situations, the Market will close early.
City Market is NOT responsible for lost or damaged merchandise.
No refunds or payment transfers are provided in the event of Market cancellation.
Insurance and Indemnity
All authorized organizations participating in the City Market must provide for any loss, personal injury, deaths, and/or any other damage that may occur as a result of the organization’s negligence or that of its Management or employees. All organizations hereby agree to indemnify and save City Market harmless from any loss, cost, damages, and other expenses, including attorney’s fees, suffered or incurred by City Market by reasons of the organization’s negligence or that of its servants, agents and employees; provided that the organization shall not be responsible nor required to indemnify City Market for negligence of City Market, its Management or employees. No insurance is provided by City Market to participants in City Market. All producers, food, artisan and specialty producers "are required" to carry $1 million in general liability insurance and to furnish a certificate of insurance naming City Market as an Additional Insured.
I have read the Vendor Application and the City Market Rules & Regulations. If accepted into City Market, I hereby agree to abide by said Rules & Regulations. I acknowledge full responsibility for all my activities in the market, and for those assisting me, throughout this market time. I acknowledge the authority of the City Market Management, and to immediately settle any disputes regarding presentation, demonstration or entertainment legitimacy, procedural and conduct violations, and impose any penalties, including possible suspension or removal from the market.
All vendors must review and agree to the City Market Rules & Regulations; Insurance and Indemnity; Application rules; and the waiver. Applicants’ electronic signature is submitted with the Vendor Application.
Market & Vendor Insurance
Vendor Liability Insurance helps to protect City Market so that an accident involving a single vendor does not threaten the market as a whole. Vendor Liability Insurance can also protect your business at additional Markets, and may protect your products and equipment from unforeseen loss.
All vendors must carry business liability insurance with the City Market as additional insured. See links below or add us to your existing policy as rider.
Insured vendors should provide proof of General Commercial $1 million of liability insurance with the City Market named as additional insured.
Please provide a copy of your certificate of insurance to the Market Management.
Please have your insurance company add the following to your certificate of insurance as additional insured, with a waiver of subrogation and agreement to be primary coverage.
City Market
7206 Latham Drive
Richland Hills, TX 76118
VENDOR APPLICATION & VENDOR TYPES
Application Deadline and Review Process
Vendor applications are accepted throughout the market year.
The Vendor Application Review Process may take up to 1 week during the Market year.
Vendors from the previous Market year are given a priority status application time period.
The Market will review vendor applications based upon product type, current number of vendors selling similar products, and product quality. With the exception of agricultural products, the Market strives to have no more than 3 vendors selling very similar items. This is determined on a case-by-case basis by City Market Management. Uniqueness of vendor items and proof of Vendor Liability Insurance will be considered in vendor approval decisions.
Date Changes & Refunds:
No refunds will be given for inclement weather or date cancellation,
Vendors experience emergencies and unexpected circumstances may request a refund or payment credit.
If plans change and you will be missing a Market date, please send a courtesy email to citymarketplace7206@gmail.com so we can make the necessary schedule adjustments.
CITY MARKET POLICIES
RELIGIOUS AND POLITICAL ORGANIZATIONS
Partisan or religious organizations, solicitors, candidates, or other representatives of unapproved organizations will be asked to stop any prohibited activities or be asked to leave the Market if they do not stop prohibited activities.
City Market does not allow organizations with a political or religious affiliation to join the Market as vendors. We welcome visitors or all political and religious backgrounds and want everyone to feel welcome at the Market.
No unapproved vendors, solicitors, or informational flyers are permitted during the Market. Unapproved vendors, solicitors, or informational flyers are permitted during the Market. Unapproved vendors, solicitors, and organizations will be asked to stop the prohibited activity and/or leave the Market site.
The vendor application and handbook are effective for the entire market year in which the vendor is applying unless revoked sooner for a cause due to the vendor’s violation of the contract.
The vendor application is not transferable. If a business changes ownership a renewal application must be submitted for approval.
By submitting a vendor application, the applicant agrees to the Waiver and Hold Harmless Agreement, Rules and Regulations of the City Market, and the Insurance Indemnity Statement.
Waiver and Hold Harmless Agreement:
I agree to the rules of the City Market as outlined in the Vendor Rules & Regulations.
PLEASE READ THE FOLLOWING AGREEMENT AND WAIVER CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH YOUR APPLICATION AND APPROVAL AS A VENDOR FOR CITY MARKET, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THE AGREEMENT AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW
In consideration of being permitted to participate as a Vendor in City Market on behalf of yourself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by you, you understand that:
You represent and warrant to City Market that you have full legal authority and capacity to complete the application, including this Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom you are applying, (the “Vendor Parties”), including authority to make use of the credit or debit card to which fees will be charged. As used in this Agreement and Waiver, (a) City Market means and includes City Market, its Management; and (b) “you” or “your” means and includes you (as an individual) and your employees and agents, suppliers, volunteers, and family members and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another employee or volunteers of Vendor agrees to indemnify defend, and hold City Market harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees and associated expenses) of any kind or nature (each, a “Liability” and collectively, “Liabilities”) in the event the Liability arises because a Vendor is found by a court of competent jurisdiction to not be bound by the terms and conditions of this Agreement and Waiver, any of the Vendor Parties makes a claim against City Market, you agree, immediately upon request or demand by City Market, to defend, indemnify, and hold City Market harmless from all Liabilities which may be incurred as the result of such claim.
IN CONSIDERATION OF THE ACCEPTANCE OF YOUR APPLICATION, YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY ILLNESS, INJURY, OR ACCIDENT WHICH MAY OCCUR WHILE YOU ARE PREPARING FOR THE MARKET, DURING THE MARKET, AND WHILE YOU ARE ON THE MARKET SITE, YOU ARE AWARE OF AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE MARKET, INCLUDING WITHOUT LIMITATION RISKS OF PERMANENT INJURY OR DEATH DUE TO FALLS, CONTACT WITH OTHERS, ACTS OR OMISSIONS OF OTHER VENDORS OR SHOPPERS, OR EFFECT OF WEATHER
You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by City Market and to abide by any decision of any Market official relative to your ability to safely participate in or attend the Market. You understand and agree that you are expected to exhibit appropriate behavior at all times while at the Market and to obey all applicable laws while participating in or attending the Market. This includes, generally, respect for other people, equipment, facilities or property. You agree that City Market officials may dismiss you, without refund, should your behavior, in the opinion of City Market, endanger the safety of or negatively affect the Market. You understand and agree that the City Market is not responsible for any personal item or property that is lost, damaged, or stolen at the Market. You understand and agree that City Market reserves the right to cancel the Market in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of participants and/or visitors. In the event of such cancellation or any cancellation for any reason, there will be no refund of your payment. You agree to hold City Market harmless from any liability, claim, demand, cause of action, damage, loss or expense (including court costs and reasonable attorneys’ fees) of any kind or nature, related to any cancellation or disruption of the Market.
RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE CITY MARKET AND ALL OTHER PERSONS ASSOCIATED WITH THE MARKET, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR APPLICATION AND.OR PARTICIPATION IN THE MARKET, INCLUDING WITHOUT LIMITATION ANDY LIABILITIES, CLAIMS ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES OR THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES. CITY MARKET SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT INCIDENTAL SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CITY MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, CITY MARKET WILL NOT BE RESPONSIBLE FOR (A) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHSED OR OBTAINED THROUGH OR FROM THE CITY MARKET; (B) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY CITY MARKET; (C) PERSONAL INJURY; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY AT THE CITY MARKET SITE; (E) ANY OTHER MATTER RELATING TO THE CITY MARKET SITE OR SERVICES; OR (F) YOUR PARTICIPATION IN THE MARKET. YOU AGREE THAT CITY MARKET’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY CITY MARKET FROM YOU. NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING CITY MARKET’S LIABILITY FOR: (A) NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.
INDEMNITY. YOU AGREE TO INDEMNITY, DEFEND, AND HOLD HARMLESS CITY MARKET AND ALL OTHER PERSONS ASSOCIATED WITH THE MARKET, FROM ALL LIABILITIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR PARTICIPATION IN THE MARKET, INCLUDING WITHOUT LIMITATION ANY LIABILITY CAUSED BY NEGLIGENCE, THE ACTION OR INACTION OF WAIVER AND/OR THE TERMS OF USE INCLUDED IN THE VENDOR RULES & REGULATIONS.
You agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.
ACCEPTANCE. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU AND ALL RELATED PARTIES ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
POSSIBLE INCLUSIONS:
I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate. This release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.
I grant permission to the City Market, its affiliates, sponsors, and assigns to use any photographs, motion pictures, recordings or any other record of this event for any purpose including but not limited to promoting, advertising and marketing purposes. Any and all photographs, motion pictures, recordings or other records of the event are the sole property of the City Market.