2018 Texas Trade Days Vendor Policy and Rules

Click here for the official PDF copy of the 2018 Texas Trade Days Vendor Policy and Rules

Texas Trade Days
Policy and Rules 2018
P.O. Box 591776 Houston, TX 77259 • www.TexasTradeDays.com • texastradedays@gmail.com

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EFFECTIVE DATE: January 1, 2018 (retro dates to all 2018 event date applications)

APPLICABILITY OF THIS POLICY: This policy applies to all Texas Trade Days events and applications. The signing and submitting of any Texas Trade Days vendor application is a statement the vendor has read, understands and agrees to this policy in its entirety.

OVERVIEW: Owner, Kristen M. Parker, has certificates of operation under the assumed name of Texas Trade Days on file with Galveston and Harris County, TX; a Texas Sales and Use Tax Permit from the Texas Comptroller of Public Accounts under the location name of Texas Trade Days; and carries General Business Liability Insurance for Texas Trade Days.

The Owner, Kristen M. Parker, is referred to as the Owner throughout this policy. The Owner has full authority over Texas Trade Days and will enforce all policies outlined. This policy may be revised or amended at any time without notice. Current policy will be posted on Texas Trade Days website and it is the vendor’s responsibility to check for any policy updates.

The Owner reserves the right to deny acceptance of any application or membership for any reason and reserves the right to revoke an application or membership at any time. For the best interests of the event or venue, and at the discretion of the Owner, any vendor violating this policy may not be accepted for future events with Texas Trade Days.

Texas Trade Days requires all vendors and their guests to abide by this policy.

PERMITTED TYPES OF VENDORS:

  • Commercial Vendors: All vendors selling new, handmade, resale and second-hand items that may or may not be altered from its original state for-profit as a business or a hobby whether registered as a business entity with the Secretary of State, Sole Proprietor, Independent Contractor, or Individual.
  • Food Vendors: All vendors selling consumable foods.
  • Trader Vendors: All vendors selling personally owned second-hand items in their original state and unaltered in any way.
    • Accepted at certain events.

ADVERTISING REQUIREMENTS:

  • Market will be referred to as Texas Trade Days only. All other variations are not authorized, unless otherwise promoted by the Owner.
  • Vendors will not mislead the public by advertising inaccurate information that deviates from any advertising made by Texas Trade Days.
  • Texas Trade Days will not advertise unconfirmed vendors, activities, concessions, venues, memberships, etc. that is not secured by contracts, agreements, applications, payments, etc.
  • Vendors found to violate this section will not be allowed to attend the advertised and future events by Texas Trade Days. No exceptions. No Refunds.

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VENDOR REQUIREMENTS:
Vendors are required to provide their own tents, tables, chairs, displays, decorations, products, etc. for every event.

TENTS:

  • Required for all uncovered outdoor booths
  • 10×10 straight-leg canopy tents only
    • Solid colors only
    • Corporate, Business, Product Logo Covers are allowed
  • No less than 40 pounds of weight per tent leg
    • Retail bagged sand, fitness free weights, improper weight amounts, lack of weights, unsafe use of concrete blocks are not authorized.
    • Any vendor found not having proper weights and/or amounts may be asked to leave the event without refund. No exceptions.
  • Must be in good condition

DECORATIONS:

  • Table covers are required
    • No sheets allowed
  • Banners cannot be larger than 3×10 feet in size
    • Attached to booth only
    • Standing signs cannot block the view of other booths
  • Displays, booth design and sales techniques are not allowed to interfere with other vendors.
    • The Owner reserves the right to have any vendor change their setup as needed.

ORGANIZATION:

  • All storage and product boxes must be kept hidden under covered tables or in vehicles
  • Displays, products, storage containers, etc. must be confined to vendor’s booth only
  • Booths and spaces will be kept neat and clean at all times

HAZAROUS EQUIPMENT AND PRODUCTS:

  • Includes, but is not limited to: electric, combustible, generators, heaters, fans, warmers, lighting, printers, engines, fryers, stoves, hot plates, flammable, volatile, etc.
  • Must be preapproved by the Owner
  • Must be kept away from children, customers, other vendors and other items potentially affected by the hazard
  • Must be contained to vendor booth and/or space
  • Must not emit toxic vapors
  • Must be kept well ventilated
  • Must be used in accordance with the manufacturer’s intended use.

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The Owner reserves the right to discontinue vendor use of any hazardous equipment and is not responsible for loss of power to vendor booth, loss of vendor sales, damage or injury as a result of the vendor’s use or discontinued use of hazardous equipment.

PERMITS AND OTHER LEGAL DOCUMENTS:
Vendors are responsible for obtaining all legally required permits and documents prior to applying and attending any Texas Trade Days events.

TEXAS SALES AND USE TAX PERMITS
In accordance with the Texas Administrative Code (Title 34, Part 1, Ch 3, Subchapter O, Rule 3.286, Sect. a, Subsection 11(A)), Texas Trade Days and its Owner requires all market vendors prominently display their original permit at their booths and collect/report their own sales and use tax. Texas Trade Days and the Owner WILL NOT COLLECT OR REPORT ANY VENDOR’S SALES AND USE TAX FOR ANY REASON AT ANY TIME and is not responsible for vendor’s failure to obtain their Texas Sales and Use Tax Permit.

Subsection b (1) of the same code, “(b) Who must have a sales and use tax permit.
(1) Sellers. Each seller who is engaged in business in this state, including itinerant vendors, persons who
own or operate a kiosk, and sellers operating temporarily in this state, must apply to the comptroller
and obtain a sales and use tax permit for each place of business operated in this state.”

NON-FOOD VENDORS:

Texas Sales and Use Tax Permits issued by the Texas Comptroller of Public Accounts for all taxable goods and services must be submitted to the Owner at the time of application.

  • THIS IS NOT YOUR IRS FEIN/EIN NUMBER
  • Required by the Texas Administrative Code (Title 34, Part 1, Ch 3, Subchapter O, Rule 3.286, Section a, Subsection 11(A))
  • Owner WILL NOT UNDER ANY CIRCUMSTANCES COLLECT OR REPORT ANY VENDOR’S SALES AND USE TAX FOR ANY REASON AT ANY TIME. Vendor’s are responsible by law for their own collection and reporting of state and local sales taxes to the Texas Comptroller of Public Accounts.
    • Excludes: Direct Sales (MLM) Independent Contractors

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TRADER VENDORS:

Trader vendors are defined as garage and yard sale sellers. Products resold or traded are
pre-owned and unaltered from their originally purchased state and not sold as a
business.

  • All vendors reselling or trading personally owned items are to adhere to this policy,
    unless otherwise stated in each section of this policy. Trader vendors are not required to have a Texas Sales and Use Tax Permit provided they do not alter any resold or traded, personally owned item in any way. Once an item is altered or state sales limitations are met, a sales tax permit is required.
  • Trader vendors should be sure their items to be resold or traded are clean and in good repair. If any items are not in good repair, disclosure to buyers is required.
  • Honesty is important to our customers and community. Swindling will not be tolerated.
  • Any trader vendor accused of swindling will be removed from the event immediately without refund.

FOOD VENDORS:

  • COMMERCIAL KITCHENS ONLY
  • Must have a temporary health permit issued by the State, County or City in which the event is held, issued for the event date for Texas Trade Days that the vendor is to attend.
  • COTTAGE KITCHENS ARE NOT ALLOWED BY LAW
  • Must submit a Certificate of Insurance to the Owner listing Texas Trade Days as an ADDITIONAL INSURED. No exceptions.

INSURANCE:
Vendors are strongly encouraged to carry general business liability insurance with a minimum of a $1,000,000 aggregate.

  • Insured Vendors: Required to provide the Owner a Certificate of Insurance naming Texas Trade Days as a Certificate Holder that covers the event dates the vendor will attend.
    • Some vendors may be required by the Owner to list Texas Trade Days as an Additional Insured.
    • Vendors are responsible for any additional insurance payments required by their insurance carrier.
  • Uninsured Vendors: You are required to sign a liability waiver prior to attending an event. This waiver will be provided on the application or as an additional form.

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PROHIBITED INDOOR EQUIPMENT:
Any equipment that poses a safety hazard to persons or property. Convention/Expo style equipment is not allowed, unless expressly authorized by the Owner. The Owner reserves the right to decide whether to allow vendor usage of certain indoor equipment at the time of setup; restrict, change or prohibit certain equipment at any time. Vendor is responsible for ensuring setup is authorized by the Owner.

  • Includes, but is not limited to: grid walls of all sizes, drape/curtain dividers, dressing rooms, large shelves and racks, walls of any type, etc.
  • Prohibited indoor equipment may be used in outdoors

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VENDOR ETTIQUETTE:

  • Always be respectful to the venue officials, Owner, fellow vendors and customers
  • Always respect fellow vendor booths
  • Always clean up after yourself
  • Do not sell your products to other vendors at their booth
  • Keep business discussion discrete and professional
  • Keep comments about situations to yourself.
  • Do not argue with venue officials, the Owner, fellow vendors and customers
  • Keep vehicles out of the way of fellow vendors while loading and unloading
  • Do not drive through the main event area where booths are set up
  • Contact the Owner immediately if help is needed
  • Children must be supervised at all times.
    • Not allowed in other vendor booths
    • Not allowed to roam freely through the event area
    • Must be on their best behavior
    • Children needing attention must be cared for privately away from the event area and customers

WEATHER CONDITIONS:

  • Be prepared for all types of weather
  • Abide by the suggestions made by the Owner
  • Repeated health and safety risks (even during a single event) may result in the vendor not being allowed to continue the event and attend future event without refund.

FOOD & DRINK:

  • Special Diets: Vendors should bring what they need
  • Available Venue Concessions: Help support by purchasing your lunch during the event
  • When concessions are not available for an event, be sure to bring food and drinks
  • The Owner will provide details on the event day website page and/or in the event email to vendors

PETS:
Pets are prohibited from attending Texas Trade Days event with vendors, unless otherwise stated.

  • Vendors are solely responsible for their pets and are responsible for the wellbeing, behavior and any incidents arising from the attendance of the vendor pet.
  • Texas Trade Days will not be held liable for any injury, neglect or death caused by or to the vendor pet.
  • The Owner reserves the right to deny continued attendance at the event of any animal for any reason.
  • SERVICES ANIMALS ARE ALLOWED UNDER LAW. VENDORS REQUIRING THE USE OF SERVICE ANIMALS ARE SOLELY RESPONSIBLE FOR THE SERVICE ANIMAL AND WILL ABIDE BY ALL APPLICABLE LAWS.

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SMOKING:

  •  No smoking or vaping within the event area or booths
  • Chewing tobacco must be cleanly and discretely discarded in appropriate containers, and kept out of the view of customers
  • Cigarette butts must be picked up

BOOTH MUSIC:

  • Cannot be heard in another booth, unless approved by the Owner.
  • No mature content, explicit versions of songs allowed – Keep it clean
  • No music at booth if music is provided

DRESS CODE AND CONDUCT:
Vendors are not only representing their company, they’re also representing Texas Trade Days. Texas Trade Days believes in respect, leave no trace and professionalism. We want our vendors to reflect our beliefs and be positive role models for our communities.

  • Arrive and Remain fully dressed
  • Be well groomed with good hygiene
  • Clean clothes with a professional appearance
  • Vendors should be on their best behavior

Vendors found to violate this section will not be allowed to participate in the vendor booked event and future event by Texas Trade Days. No exceptions. No Refunds.

PRODUCT ACCEPTANCE:
Vendors wishing to participate at Texas Trade Days event are subject to product approval. The Owner will ensure each event has a fair number of each product vendors representing the same high-quality products (ratio-based). Texas Trade Days does not give vendors exclusive rights to be the only vendor available for their product.

  • Product acceptance is based on quality, type and availability of the PRIMARY PRODUCT SOLD by each vendor
  • Priority is given to Handmade, Art, Antique, Vintage, Repurposed, Recycled items and other Artisan Crafts
  • Direct Sales is allowed if space is available
  • No inventory requirements or quotas
  • No sales requirements or quotas
  • No previous event attendance requirements or quotas
  • Similar products may be sold by like vendors at the same event
  • Duplicate vendors of the same exact product or company are accepted by request of each vendor on a case-by case basis and with approval from the Owner.
    • Direct Sales (MLM) vendors are responsible for adhering to their company’s policy and procedures (P&P)

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  • Texas Trade Days is not responsible for knowing each MLM P&P or the vendor’s violation of their MLM’s P&P.

PROHIBITED ITEMS AND INFORMATION:
Texas Trade Days does not allow the following items to be sold, traded, distributed or display. Items include, but are not limited to:

  • All firearms and ammunition, knives, swords, brass knuckles, nun-chucks, any items with intended or perceived use to be a weapon;
  • pornography, smut, provocative items, sexually explicit items, any item with intended or perceived use to be a sexually explicit item;
  • drugs, illegal/controlled substances, and/or tobacco and associated paraphernalia, smoking pipes, bongs, hookahs, any item with intended or perceived use to be a drug and/or tobacco paraphernalia;
  • all alcohol and related information;
  • all potential copyright infringement items;
  • any flea market type cheap wholesale/resale items;
  • all gang related items; any items deemed inappropriate by the Owner.
  • Prohibited and inappropriate items whether new, used, antique, vintage, etc. found during the event will result in the removal of the items immediately.
    • Refusal to remove the items will result in the vendor booth being removed from the grounds immediately without refund. No exceptions.
  • Membership status of current members will be under immediate review and market only vendors may be restricted from future market participation.

UNLAWFUL DRUG/ALCOHOL POSSESSION/CONSUMPTION IS STRICTLY PROHIBITED.
If at any time there is concern whether a vendor has sold/promoted, currently sells/promotes or will in the future sell/promote prohibited items and/or information, it is the Owner’s decision whether to continue membership or vendor participation, and denials are without refund.

PHOTOGRAPHY AND VIDEOGRAPHY:
Texas Trade Days and authorized representatives may take photos and videos during events for use in Texas Trade Days advertising and marketing, online and offline. Any vendor wishing to not be photographed or recorded may opt out by notifying the Owner and any authorized representatives at the time photos and videos may be taken.

Editorial or Professional guests may be present during events to photograph or record the market and its vendors. Vendors can still use their rights to opt out of these photos and videos by notifying the guest(s) at the time of photography or recording.

Vendors who wish to take video recordings of the event for their personal, advertising and marketing use are authorized to do so under the following conditions, including but not limited to:

  • General purposes to market the event
  • Vendor marketing and advertising

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  • Does not interfere with other vendors
  • Does not infringe on the rights of other vendors, customers, venues, guests, etc. to opt out of photography and/or recording
  • Does not require others to participate in any way in the photography or recording
  • Does not discuss specifics of each vendor or each vendor’s business
  • Does not include personal comments about the market, vendors, venues, customers, guests, etc.
  • The Owner reserves the right to discontinue any photography or recording for any reason at any time; request any photos or videos to be removed from any social media accounts, websites, etc. where the photos or videos are found; request any photos or videos to be edited.

VENDOR BOOTH FEES:
Vendors are responsible for making a successful payment of their booth fees at the time of application. The Owner does not guarantee a booth space will be secured for the vendor until all required permits, legal documents, applications and payments have been made by the vendor and approved by the Owner.

  • Booth fees may vary by size, venue and location within an event.
  • Filled on a first come, first served basis according to date of completed application and processed payment.
  • Owner does not guarantee space availability, unless the vendor is confirmed.
  • Booths must be attended by the applying vendor.
    • Fill-ins are not allowed, unless approved by the Owner prior to the event date. No exceptions.
    • Upon approval, vendor must email the Owner:
      • Fill-in’s name and contact information
      • Email address
      • Vendor is required to give their fill-in a copy of this policy
      • This policy also applies to the fill-in as if they are the vendor
      • Vendor is responsible for their fill-in
  • Booth sharing is not allowed.
    • Only Direct Sales Teams can share a booth for coaching and training purposes.

CONFIRMED VENDORS:

  • Must have an application on file for each event and booth that is filled by the vendor.
  • Confirmed vendors will be listed on the event’s and/or event day page on Texas Trade Days website.
    • Vendors not confirmed will not be listed
  • Confirmed vendors will receive an event email containing details of the booked event no later than the week leading to the event.

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LAST MINUTE VENDORS:

  • Space availability is not guaranteed
  • Must meet the vendor requirements to be considered by the Owner to attend the event

TEXAS TRADE DAYS MEMBERSHIP:
Texas Trade Days strives to provide vendors with adequate community exposure to help them get the most out of their Texas Trade Days experience. Membership with Texas Trade Days is optional though strongly encouraged. Membership does not prevent vendors from participating at other area vendor events and does not require 100% participation at all Texas Trade Days events. Membership is not required to participate as a vendor for Texas Trade Days.

ANNUAL MEMBERSHIP BENEFITS:

  • Effective January 1st to December 31st each year
    • Memberships are not prorated throughout the year
  • First chance to book newly released event dates, when available
    • Members have 2 days to book before applications are released to the public
    • Dates, Spaces and Venues are still first come, first served among members
  • Be listed on Texas Trade Days website
    • Must provide 1 paragraph bio and promotional photo within 24 hours of submitting application
    • Failure to submit bio and photo will result in not being placed on the website
  • Receive priority booth locations when available
  • Receive priority notification and acceptance for last minute space availability
    • Must have correct phone and email on application
  • Ability to purchase Texas Trade Day Member products from Texas Trade Days Novelty Shop
  • Receive other Member only perks when available

VENDOR PAYMENTS:
All vendors are required to make payment through the website processor or PayPal. Texas Trade Days does not allow any “friends and family” payments. Credit card processing and transaction merchant fees are included in all costs to the
vendor.

  • Cash, Checks, Money Orders are not accepted
  • Vendor payments must be processed and approved by the credit card processor or PayPal before payment is considered received by Texas Trade Days.
    • eChecks through PayPal may delay vendor confirmation.
    • Texas Trade Days is not responsible for unconfirmed spaces, denied or delayed memberships as a result from failed, denied, delayed or missing vendor payments.

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REFUNDS:
Texas Trade Days does not issue refunds or booth fee “roll overs” for the following, but not limited to:

  • Removal of vendor from an event for violations of this policy
  • Denial of vendor attendance from future event for violations of this policy
  • Revoked membership for violations of this policy
  • Vendor “changes of mind”
  • Vendor double-booked with another event regardless if it’s Texas Trade Days or not
  • Vendor Cancellations
  • Low Vendor Sales
  • Poor Vendor Performance
  • Low Customer Traffic
  • Failure of vendor to check space availability for specific event dates on Texas Trade Days website that results in a double-booked company or product where space is no longer available.
  • “No Call, No Show” vendors for the date in which they are confirmed
    • Repeated “no call, no show” vendors may not be allowed to attend future event without refund

RESCHEDULED OR ROLL OVER EVENT:
If an event must be rescheduled or must roll over to the next event date by uncontrollable means, the Owner will make all possible attempts to reschedule the event or roll the rescheduled event over to the next available similar event date, whichever is in the best interest of the Texas Trade Days.

VENDOR BOOTH FEES – RESCHEDULED EVENT:

  • Booth fees will apply (roll over) to the rescheduled event date.
  • “Roll Over” vendors will receive priority for filling space before other vendors can book.
  • No refunds for vendors who decide not to “roll over” to the rescheduled event.

VENDOR BOOTH FEES – ROLL OVER EVENT:

  • Vendors will be given priority to fill remaining spaces
  • Booth fees will apply to the next available similar event date without proration
  • No refunds for vendors who decide for any reason not to “roll over” to the next available similar event date.
  • Double-Booked Vendors of events held by Texas Trade Days will receive a refund, if:
    • The space is already filled
    • The next available similar event date booth fee is greater than or equal to the original “rolled over” event date AND the vendor has already booked the next similar event date.

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ISSUED REFUNDS:
Any refunds issued to vendors are at the discretion of the Owner and is not negotiable. Any vendors refunded is in accordance to any venue refunds issued to Texas Trade Days and/or minus costs incurred by Texas Trade Days as a result of processing applications, payments, advertising, etc. Any vendor refunds will be issued as credits. Vendors will receive their credit as an electronic gift card via their email. It is the vendor’s responsibility to make sure they use any credits they may have. Texas Trade Days will
not make adjustments for vendor failure to apply their credit to another date. Vendors agree to use their credit according to the terms on the electronic credit. Refunds and any time extensions will not be issued for expired credits.

EVENT TRAFFIC & VENDOR SUCCESS:
Texas Trade Days does not guarantee any amount of customer traffic volume and will not quote previous and projected customer attendance estimates. Texas Trade Days only provides vendors an opportunity to sell at scheduled events.

Each vendor is solely responsible for their own success. Texas Trade Days is also not responsible for the sales performance of participating vendors.

DISPUTES:
If a dispute and/or conflict arise between vendors, or vendors and the public, vendors are to notify the Owner or their assigns immediately to handle the dispute and/or conflict.

If a venue has provided paid security, the Owner and/or their assigns will also notify venue security of the dispute and/or conflict.

In more serious cases, a member may feel they need to call 911 for emergency services. Please notify the Owner and/or their assigns immediately after 911 services have been called.

SPECIFIC ISSUE COVERAGE OF THIS POLICY:
In the event this policy does not cover a specific issue, the Owner reserves the right to permit or prohibit the issue at any time and is not required to update this policy to cover the issue not otherwise covered by this policy. Violation of this section is considered a violation of this policy and the “Refunds” Section of this policy also applies to this section.

All decisions made by the Owner are final and not negotiable.

CONTACTING THE OWNER:
Contact Texas Trade Days Owner, Kristen Parker, by email at: texastradedays@gmail.com

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