2020 TXTD Vendor Agreement

Download and print the 2020 TXTD Vendor Agreement 

2020 Vendor Policy & Rental Agreement Terms

  1. COMMERCIAL REAL ESTATE LEASE AGREEMENT: Commercial tenant (vendor) acknowledges they are submitting a commercial real estate lease agreement and rental payment to Texas Trade Days, LLC (company) for the date(s) selected by the vendor. This agreement only covers the leased space, and applicable services required for the leased space. Texas Trade Days, LLC reserves the right to update this vendor application and agreement at any time. Vendor may download a current copy of the agreement directly from the Texas Trade Days, LLC website.
  2. LICENSE HOLDER DISCLOSURE: The Texas Administrative Code 535.144 (known as Texas Real Estate Commission Rules) requires a license holder acting on their own behalf while engaging in a real estate transaction to disclose that they are a license holder to the other party before entering into a rental agreement. DISCLOSURE: Texas Trade Days, LLC is a business entity licensed to conduct real estate brokerage activities in Texas. Carol Parker and Kristen Parker, Member-Owners, are Texas real estate broker license holders authorized to conduct real estate brokerage activities on behalf of Texas Trade Days, LLC.
  3. COMPANY FILINGS, PERMITS, CERTIFICATION & ASSOCIATION: Texas Trade Days, LLC and/or the Broker-Owner maintains the following, in addition to the above licensing, in relation to the operations of Texas Trade Days, LLC:
  • Multi-Member Limited Liability Company – Texas Secretary of State
  • Copyrights Reserved – U.S. Copyright Office
  • Texas Trademark – Texas Secretary of State
  • Texas Sales and Use Tax Permit – Texas Comptroller of Public Accounts
  • Texas Food Manager Certification – Texas Department of State Health Services
  • Texas Food Handler Certification – Texas Department of State Health Services
  • Texas Festivals and Events Association
  • International Festivals and Events Association
  • Farm and Ranch Freedom Alliance
  • Houston Association of REALTORS
  • Texas Association of REALTORS
  • National Association of REALTORS
  • and local requirements
  • VENUE OCCUPANCY: Texas Trade Days, LLC leases and occupies property with the written permission of all property owners through commercial real estate lease agreements. Texas Trade Days, LLC is responsible for adhering to property owner (venue) rules and ensuring compliance from vendors. All Texas Trade Days, LLC inquiries are handled by Texas Trade Days, LLC. Anyone wishing to confirm lease agreements can contact the property owner (venue) at the location(s) in which the market takes place. Dates, Times, Locations are subject to change at the discretion of the property owner and/or Texas Trade Days, LLC.
  • MARKET DATES & AVAILABILITY: Texas Trade Days, LLC schedules market dates and times that are in the best interests of the Texas Trade Days, LLC and its customers. Schedules are announced when available and is released at its discretion. Market dates, times and locations are subject to change.
  • WEATHER CONDITIONS: Texas Trade Days, LLC markets are rain or shine. Be prepared for all types of weather. Abide by the suggestions made by Texas Trade Days, LLC. Repeated health and safety risks (even during a single market) may result in the vendor not being allowed to continue the current market without refund. Texas Trade Days, LLC may decide to delay opening outdoor markets for passing moderate weather conditions and may extend market closing hours for weather delays, as well as may decide to close market early for moderate to severe weather conditions.
  • TEXAS TRADE DAYS ADVERTISING: Texas Trade Days, LLC advertises and markets Texas Trade Days, LLC and its marketplaces to attract and maintain general marketplace customers, promote positive community involvement and generate additional foot traffic for marketplaces. Costs of marketing are included in the gross space rental price and are non-refundable.
  • MARKET SALES, SIZE & TRAFFIC: Texas Trade Days, LLC does not estimate, guarantee nor is responsible for vendor sales, customer traffic, or vendor rentals and attendance amounts, regardless if the market is small or big, or not in accordance with customer or vendor expectations.
  • ADVERTISING BY VENDORS: Approved vendors are responsible for their individual business advertising for each market they have leased space. Vendors are recommended to share Texas Trade Days market flyers, Social Media event listings, invite social media friends to social media event listings, and other promotional activities for the market dates they are approved. Vendors should not mislead the public by advertising inaccurate information that deviates from advertising made by Texas Trade Days, LLC. Vendors are not authorized to create their own events on social media or by any means for any Texas Trade Days, LLC markets, but may add Texas Trade Days, LLC social media events to their business pages and accounts. Texas Trade Days, LLC provides vendors with social media events, flyers, photos and other promotional items vendors are authorized to distribute through the website. Vendors shall not mislead any persons or organizations into believing they are a representative of Texas Trade Days, LLC in any way. Any vendor found to violate this section shall cease and desist immediately. Texas Trade Days, LLC is not responsible for outdated, misleading or inaccurate information shared by the vendor. It’s the vendor’s responsibility to stay current with any changes made by Texas Trade Days, LLC.
  • SPACE RENTAL ADJUSTMENTS: Texas Trade Days, LLC reserves the right to adjust space rental prices and vendor space location at any time. Approved vendors are not responsible for or entitled to any price difference from the amount they originally paid. Vendors may receive the same or similar space location or better. Vendors are not entitled to any refund in the event the venue fails to meet their obligations. Texas Trade Days, LLC is not responsible for the failure
  • MARKET PHOTOGRAPHY: Texas Trade Days, LLC may photograph and record: the property owner (venue), vendors, guests, customers and events during the normal course of business to advertise and/or market Texas Trade Days, LLC markets. Texas Trade Days, LLC reserves all rights. Commercial licensing is extended to approved vendors to use their specific photographs taken by Texas Trade Days, LLC for use in their advertising and marketing. Costs of the commercial licensing are included in the gross rental price for their space.
  • VENDOR APPLICATIONS, AGREEMENTS & PAYMENTS REQUIRED: Vendors are required to submit applications, agreements and payments for space rentals. Texas Trade Days, LLC does not issue payment invoices, requests for payments, etc. in lieu of a signed application and agreement. Vendor applications, agreements and must be completed prior to the market date(s) and before a vendor is allowed to set up for each market. Vendors are to make payment through the approved forms of payment upon submission of the vendor and agreement. Texas Trade Days, LLC accepts paper applications and agreements via mail/email in lieu of our online processes in cases of internet or website failure, or at the request of the vendor. Paper applications and agreements must be mailed to Texas Trade Days, LLC Atten: Kristen Parker P.O. Box 691, Tomball, TX 77377 and be accompanied by a money order or cashier's check paid to the order of Texas Trade Days, LLC for the amount indicated on the vendor application and agreement, along with a self-addressed stamped envelope. Incomplete applications, applications and agreements without signature, and non-accompanied applications, agreements and payments will not secure a vendor rental space. Insufficient payments will result in the vendor receiving a rental space similar to the payment amount made with that rental space’s restrictions. Deadline to submit all application, agreement and payment requirements is 12:00 PM Friday prior to each market date.
  • REQUESTING ADDITIONAL RENTAL SPACE & LESS THAN 100 SQFT AT MARKET: Vendors may request to receive additional square feet of rental space at market, and are responsible for the additional full space rental amount owed is due immediately upon vendor request of additional space at market. Vendors wanting additional rental space that is less than 100 square feet, may also request the amount at market. The amount owed for rental space less than 100 square feet is calculated at the base rate price per square foot and is due immediately upon vendor request of additional rental space at market. 
  • AGREEMENT COPY TO EMPLOYEES: Vendor agrees to forward a copy of this agreement to all employees and helpers of the vendor. By signing this agreement, vendor certifies they have read, understand and agree to abide by this agreement. Vendor is responsible for the actions of their employees and helpers. A violation of this agreement, venue rules, laws, etc. by any employees and/or helpers is a violation of the vendor.
  • VENDOR APPLICATION FEE: The application fee is equal to one half the total gross space rental price of each application, agreement and payment submission. The application fee is charged for each lease agreement submitted to Texas Trade Days, LLC, and is nonrefundable. The application fee is not transferable to other vendors, applications, agreements, payments, or other market dates not selected at the time of submission. The application fee for approved vendors is fully applied to satisfy the gross space rental payment made by the vendor.
  • AGE REQUIREMENTS: Vendors must be 18 years of age or older to lease vendor spaces at Texas Trade Days, LLC markets. Minor vendors under the age of 18 must be accompanied by a parent or legal guardian in which name the application, agreement and payment must be submitted.
  • VENDOR ITEMS: All merchandise and promotional products intended to be sold or distributed at Texas Trade Days, LLC markets must be listed on the application and agreement. Texas Trade Days, LLC reserves the right to prohibit the sale or distribution of any merchandise or promotional product at any time. Vendor is required to leave at home or immediately remove prohibited merchandise and promotional products from the market upon instruction by Texas Trade Days, LLC whether verbally or in writing.
  • VENDOR PROHIBITED ITEMS AND INFORMATION: Texas Trade Days, LLC STRICTLY PROHIBITS the following items to be sold, traded, distributed, displayed, possessed and/or consumed at any Texas Trade Days, LLC markets. Prohibited items include, but are not limited to: All animals, 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 wholesale/resale items; all gang related items; any items deemed inappropriate by Texas Trade Days, LLC. Prohibited and inappropriate items whether new, used, antique, vintage, etc. found during the market will result in the immediate removal of the items. Refusal to remove the prohibited items will result in the vendor’s loss of rental space and removed from the grounds immediately without refund. UNLAWFUL DRUG/ALCOHOL POSSESSION/CONSUMPTION IS STRICTLY PROHIBITED. Texas Trade Days, LLC reserves the right to discontinue a vendor’s participation in Texas Trade Days, LLC markets 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, as well as concerns for unlawful drug/alcohol possession/consumption by the vendor and/or their guests without refund. LTC holders must abide by all applicable laws, posted signs, law enforcement instructions, Texas Trade Days, LLC and/or venue staff requests.
  • HAZARDOUS EQUIPMENT AND PRODUCTS: Includes, but is not limited to electric, combustible, generators, heaters, fans, warmers, lighting, printers, engines, fryers, stoves, hot plates, microwaves, flammable, volatile, etc. Any hazardous equipment and product must be pre-approved by Texas Trade Days, LLC. If approved, the items must be kept away from children, customers, other vendors and other items potentially affected by the hazard. It must be contained to vendor’s space rental, must not emit toxic vapors, must be kept well ventilated, and must be used in accordance with the manufacturer’s intended use. Texas Trade Days, LLC reserves the right to discontinue vendor use of any hazardous equipment and is not responsible for loss of power to vendor space rental, loss of vendor sales, damage or injury as a result of the vendor’s use or discontinued use of hazardous equipment.
  • APPROVED VENDORS: Texas Trade Days, LLC deems a lease agreement approved when: the vendor submitted agreement is complete, vendor payment has been posted by the payment processor, vendor meets all Texas Trade Days, LLC agreement requirements and the market date(s) are available to the vendor. Vendors paying by eCheck (bank account not credit card) risk the chance of denial of their lease agreement due to delayed payment processing by the payment processor. Texas Trade Days, LLC does not reserve space rentals without receiving a signed application and lease agreement and posted payment. Approved vendors will receive the market details via email no later than the Monday prior to the approved markets(s) listed on the vendor’s lease agreement. General market day information is posted on the Texas Trade Days, LLC website.
  • DENIED APPLICATION ITEMS: Any product/service listed and/or shown on the vendor’s application and agreement may be denied being present and/or sold at market. Vendor is notified through email of denied application items. Vendor may still participate at market without the denied items present. Failure to abide by this section results in immediate removal of vendor and products from market without refund.
  • DENIED VENDORS: Vendors may be denied based on prohibited items, filled vendor spaces, incorrect or incomplete applications and vendor agreement submissions, violations of this vendor agreement, and permanent denials. Refunds are issued to denied vendors, minus the nonrefundable application fee.
  • LIMITS ON VENDOR PRODUCT TYPES: Texas Trade Days, LLC reserves the right to limit vendor product types at any time. Texas Trade Days, LLC does not provide any vendor with exclusive rights to sell a product at market.
  • MLM/DIRECT SALES VENDORS: MLM Vendors are responsible for checking the Texas Trade Days, LLC website to ensure they stay in compliance with their company. Texas Trade Days, LLC is not responsible for vendor’s failure to check the availability page of the website, misreading the availability page or any double booking as a result of the vendor’s failure to comply with their company rules. The offending vendor is subject to the decision of the original vendor. Texas Trade Days, LLC is not responsible for the loss of rental space and payment by the offending vendor arising from an MLM/DIRECT SALES company policy violation. 
  • RUMMAGE SELLERS: Rummage sellers are any individual selling gently used, pre-owned items not intended to be sold as a business (garage sale and yard sale types). SELECT THE RUMMAGE SELLER SPACES to receive the appropriate space rental price. Texas Trade Days, LLC handles permitting, on-site police security scheduling, advertising and coordination rather than individuals having to do so for private garage sales. Rummage sellers are permitted to leave the market prior to public closing times, as long as their departure is done so safely. Rummage sellers wishing to leave should contact Texas Trade Days, LLC staff prior to their departure for further instruction. Other than any exceptions to this policy this section may provide, rummage sellers are to adhere to these vendor agreement terms.
  • CORPORATE VENDORS NOT ACCEPTED: Corporate businesses and their associates, whether independent contractor or not, are not accepted. This includes, but is not limited to all corporations, large storefronts, information only vendors, energy, cellular, financial, personal services, education programs, political organizations, and charitable organizations. Texas Real Estate Licensees, Texas Real Estate Inspection Licensees, Texas Appraisal Licensees, Texas Insurance & Title Licensees, Texas/NMLS Licensed Mortgage Brokers/Bankers, Texas Real Estate Service Providers, and Independent Real Estate Services/Contractors are exempt from this section, and may leave market early in accordance with the leaving market early section of this agreement. 
  • COMMERCIAL FOOD VENDORS NOT ACCEPTED: Applies to any food truck, trailer or booth, and includes restaurants, on-site food preparations for on-site public consumption requiring a commercial kitchen and temporary food establishment permits for operation. Texas Trade Days, LLC may provide written exceptions to this section on a case-by-case basis. In the event a commercial food vendor is accepted in writing, Texas Trade Days, LLC is not responsible for sales revenue quotas, loss of space rental and payment for equipment failure and/or code violations, public health events, citations, fines, loss/damage to personal property; commercial food vendors must also submit a copy of their temporary food establishment permits/medallions, certificate of insurance listing Texas Trade Days, LLC as an additional insured for on-site food preparation, Texas food handler certificate, Texas Sales and Use Tax Permit, fire marshal inspection report/certificate, and vehicle inspection report no later than 3 business days prior to market. Failure to meet requirements results in immediate loss of space rental and payment. Refer to the Texas Department of State Health Services at https://dshs.texas.gov/foodestablishments/cottagefood/default.aspx or the appropriate local health department.
  • TEXAS COTTAGE FOOD LAW, CANNING, HONEY & FARM VENDORS: All vendors must comply with the applicable local, state and federal laws regarding the handling, preparation and sales of their consumable products. Vendors are required to obtain and maintain all required licensing, certifications and permits, including the Texas Food Handlers Certificate and Texas Sales and Use Tax Permit which is required to be displayed at market. Vendors must have the required labeling and packaging for their products in accordance with the Texas Department of State Health Services (DSHS). Vendors wishing to provide samples must prepackage and label all samples given to the public in accordance with state law. Texas Trade Days, LLC reserves the right to check vendor products for compliance at any time. Texas Trade Days, LLC is not responsible for any action of the government against the vendor relating to the vendor’s food business before, during or after market day. Refer to the Texas Department of State Health Services at https://dshs.texas.gov/foodestablishments/cottagefood/default.aspx or the appropriate local health department.
  • VENDOR LICENSING AND PERMITS: Vendors are responsible for obtaining all required licenses, permits, etc. to conduct their business. Vendors are also responsible for displaying these legal documents to the public during all Texas Trade Days, LLC markets they participate, as required by law. Vendors must display their Texas Sales and Use Tax Permit for all taxable goods and services sold at market. NOTE: It is your responsibility to obtain a Texas Sales and Use Tax Permit as required. Please refer to the Texas Administrative Code 3.286 subsection B, 1. Texas Trade Days, LLC may request copies of these documents at any time. Texas Trade Days, LLC is not responsible for vendor failure to obtain or maintain legal requirements, or any business closure or shut down by any regulatory agency. Any vendor required to cease business at market forfeits all payments made to Texas Trade Days, LLC and shall leave the premises immediately. Vendors not knowing where to obtain these items are recommended by Texas Trade Days, LLC to seek advice from an attorney.
  • NO VENDOR SPACE SHARING: Space sharing is not permitted. One vendor/company per space rental.
  • NO VENDOR SUBLEASING/ASSIGNMENTS/FILL-INS: Vendors are strictly prohibited from selling, assigning or requesting fill-ins of their space rental to another vendor for any reason. Texas Trade Days, LLC only authorizes vendors to participate in Texas Trade Days, LLC markets in which an application and lease/vendor agreement is on file. Vendors caught subleasing/assigning/filling-in space rentals are prohibited from setting up at markets. Employees must be included on the vendor’s application and lease/vendor agreement. Vendor is responsible for their employee(s) assigned to work Texas Trade Days, LLC markets.
  • VENDOR SPACE ASSIGNMENTS: Vendor space assignments are given according to the space size and location in which the vendor rented. Vendors may choose their specific rental space upon arrival to market. Vendors must set up next to each other and not leave noticeable gaps between each space. Vendors may choose to switch spaces with another vendor anytime during set up.
  • VENDOR SPACE LIMITS: Equipment, displays, merchandise, etc. must be kept within the designated space rental. Vendors have the option to lease additional space. Texas Trade Days, LLC reserves the right to keep the vendor within their designated space rental and/or charge the vendor for the additional space needed during the market.
  • VENDOR SPACE MUSIC: Vendors must have a commercial license to play music other than from public radio broadcasts. Mature content, explicit versions of songs, etc. is prohibited. Amplified music is prohibited without proper permits.
  • VENDOR SPACE DESIGN: Displays, space design and sales techniques shall not interfere with other vendors in any way. Texas Trade Days, LLC reserves the right to have any vendor change their set up as needed.
  • VENDOR STRUCTURES: Vendors are prohibited from erecting permanent and semi-permanent structures in their space rental. All structures must be temporary in nature and shall not be affixed in any way to the ground, walls, ceilings, nearby structures, vehicles, etc.
  • VENDOR EQUIPMENT: Vendor’s are required to provide their own equipment (tents, tables, chairs, displays, decorations, products, etc.) for their business operations. Equipment examples and recommendations can be found at on the Vendor Learning Series section of the website.
  • VENDOR TENTS: Required for all outdoor spaces. 10×10 straight-leg canopy tents recommended. Business/Product Logo Covers are allowed. Indoor use of tents is prohibited. 
  • VENDOR TENT WEIGHTS: 35-45 pounds of weight per tent leg required for outdoor tent use, including open pavilions. Retail bagged sand, fitness free weights, improper weight amounts, lack of weights, unsafe use of concrete cinder blocks and the use of stakes are not allowed. Staking is not allowed. Texas Trade Days, LLC reserves the right to require removal of improperly weighted tents at any time.
  • VENDOR COMMON AREAS: Vendors are required to keep all common areas free from equipment, storage containers, vehicles, trash and debris.
  • VENDOR 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 space rental only. Spaces shall be kept neat and clean at all times. Vendors are responsible for maintaining a clean space, as well as properly discarding and removing trash. All vendor trash must be taken with the vendor at the end of market. Any items left behind may be relocates or discarded by Texas Trade Days, LLC and/or the venue. Texas Trade Days, LLC is not responsible for any loss as a result of the removal of vendor’s property at the end of market. Repeated violations of this section results in the addition or increase of a clean-up fee added to the gross space rental price for the market location.
  • VENDOR TRASH: Vendors are responsible for properly cleaning and discarding all waste within and surrounding their space rental. All vendor trash must be taken with the vendor at the end of market. Vendors who fail to clean their area will be invoiced a $50 clean up fee, in the event a deposit is not charged upfront, and is due upon receipt. Vendor’s failure to pay the clean-up fee results in loss of future space rental without refund, at which time the invoice cancels. Any items left behind may be relocated or discarded by Texas Trade Days, LLC and/or the venue. Texas Trade Days, LLC is not responsible for any loss as a result of the removal of vendor’s property at the end of market. Repeated violations of this section results in the addition or increase of a clean-up fee added to the gross space rental price for the market location.
  • VENDOR PARKING: Vendors are required to park, unload and load from the designated vendor parking areas as directed on the website and/or at check-in. Vendors are prohibited from parking in or near the market area. Failure to follow instructions results in the vendor's loss of space rental at market without refund. 
  • LEAVING MARKET EARLY: Vendors must give notice prior to market day if they must leave market early. Vendors who have sold out of all products, or have been provided an exception in another section of this agreement, are allowed to leave early with notice. Vendors must notify Texas Trade Days, LLC prior to tearing down in case crowd and traffic control is needed to ensure a safe departure. Vendors must not leave a market early because other vendors are packing to leave early. Vendors who leave market early without notice risk the chance of not returning to future markets and without refund of any prepaid space rentals.
  • VENDOR CANCELATIONS: Vendors must give written notice of cancelation via email at least 12 hours prior to the start of set up time on market day. Vendors not giving proper notice are considered a “no show.” Any vendor canceling more than 2 times in a 12-month period is not allowed to return to Texas Trade Days, LLC as a vendor and is permanently denied without refund of any space rental payments already made. See refunds section regarding vendor cancelations.
  • VENDOR NO SHOWS: Texas Trade Days, LLC has a zero-tolerance policy for “no show" vendors. Any vendor failing to provide proper notice of cancelation is not allowed to return to Texas Trade Days, LLC markets as a vendor and is permanently denied without refund of any space rental payments already made.
  • VENDOR BEHAVIOR: Always be respectful to the venue officials, Texas Trade Days, LLC, fellow vendors and customers. Vendors must respect fellow vendor space rental areas. Keep business discussions discrete, professional and away from other spaces and customers. Vendors shall not argue with venue officials, Texas Trade Days, LLC, fellow vendors and customers at any time. Keep vehicles out of the way of fellow vendors and their spaces while loading and unloading. Driving through the market area at any time during the market public times is unsafe and is strictly prohibited. Contact the Texas Trade Days, LLC immediately if help is needed. Children must be supervised at all times and are not allowed: in other vendor spaces, to roam freely through the market area, and must be on their best behavior. Children needing attention must be cared for privately away from the market area and customers.
  • GIFT ACCEPTANCE: Texas Trade Days, LLC does not accept gifts from vendors. All gift offers from vendors are declined. Any gifts from vendors left for Texas Trade Days, LLC at market are thrown away.
  • SERVICE DOGS: Texas Trade Days, LLC complies with the Americans with Disabilities Act (ADA) regarding the use of service dogs in connection with a disability by vendors. Service dogs must be well cared for at market with plenty of shade, warmth, water, food and breaks as required by the animal. Vendors must ensure the safety of their service dog at all times. Texas Trade Days, LLC does not advise vendors to bring their pets to market. All exotic animals are prohibited.
  • SECURITY: Texas Trade Days, LLC may provide security at market. Vendors are required to abide by instructions of security personnel and contact Texas Trade Days, LLC as soon as possible after instructions are given. Vendors are solely responsible for the security of their cash, coupons, equipment, goods, inventory, supplies and any other property. Texas Trade Days, LLC is not responsible for lost, stolen or damaged property.
  • TERMINATION OF RENTAL PERIOD: This agreement terminates at the end of market for each date where vendor has applied, and made payment.
  • DISPUTES: If a dispute and/or conflict arises between vendors, or vendors and the public, vendors are to notify Texas Trade Days, LLC immediately to handle the dispute and/or conflict. If a venue has provided paid security, Texas Trade Days, LLC will also notify venue security of the dispute and/or conflict. In more serious cases, a vendor may feel they need to call 911 for emergency services. Please notify Texas Trade Days, LLC immediately after 911 services have been called. All vendor disputes with Texas Trade Days, LLC must be submitted in writing by email and/or mailed to P.O. Box 691, Tomball, TX 77377 for resolution.
  • FORCE MAJURE: Texas Trade Days, LLC is not liable for any failure to perform any obligation under any agreement, or for any delay in performance, due to events or circumstances beyond Texas Trade Days, LLC reasonable control including, but not limited to weather, acts of God, acts or threats of terrorism, government acts, technical failures, fire, or other similar events or circumstances. Texas Trade Days, LLC is not liable for any act by any local municipality, county, state or venue which may result in the failure of Texas Trade Days, LLC to perform any obligation under any agreement, or for any delay in performance including, but not limited to cancelations of markets, placing additional restrictions on vendor participation, changes to market dates, times or locations at venue, failing to enforce laws or ordinances affecting a market.
  • LIMITATIONS ON LIABILITY: Texas Trade Days, LLC is not liable to any vendor or any other person for special, indirect, incidental, consequential or exemplary losses, damages or expenses, directly or indirectly arising from the participation or non-participation of vendor in any market, or from any other cause relating thereto. Texas Trade Days, LLC’s liability does not, in any event, whether based on contract, warranty, tort (including, but not limited to negligence and strict liability) or otherwise, exceed the amount paid by the vendor for their space rental.
  • SEVERABILITY: If any provision of this agreement is determined to be invalid, illegal, or unenforceable, it shall not affect the enforceability of any other provision of this agreement. Rather, the invalid, illegal, or unenforceable provision shall be modified to the extent necessary so that it is valid, legal, and enforceable.
  • APPLICABILITY: This agreement is only applicable to Texas Trade Days, LLC. Unauthorized use, in whole or in part, by another is strictly prohibited and may be punishable by law.
  • MEDIATION: Vendor and Texas Trade Days, LLC agrees to mediation in the event a dispute resolution is not met through informal discussion. Vendor may request mediation in writing to Texas Trade Days, LLC at any time. Texas Trade Days, LLC agrees to submit a mediation request within 10 business days through the Harris County Dispute Resolution Center for disputes which are not resolved through informal discussion. Texas Trade Days, LLC agrees to notify the vendor in writing within 5 business days after confirmation of the mediation appointment. Vendor agrees to the costs associated with mediation. Vendor and Texas Trade Days, LLC agree to abide by the decision of the mediator.
  • VENDOR DEFAULT: Vendor defaults this agreement if the vendor fails to meet any of the terms of this agreement, venue rental contract terms, and/or any local, state or federal laws.
  • VENDOR REFUNDS & CREDITS: Any refunds or credits issued are at the discretion of Texas Trade Days, LLC. APPROVED VENDORS: Texas Trade Days, LLC does not issue credits, refund or move vendors to other dates at the request of the vendor. Texas Trade Days, LLC may issue credits to be applied to another market date in cases of uncontrollable event cancellations, reschedules and early closings of more than 1 hour which are caused by natural events, man-made events, terrorism, the venue, or Texas Trade Days, LLC, in accordance with the venue rental contract on file. The amount of each vendor credit issued is determined by Texas Trade Days, LLC, minus the application fee and management fee. Vendors are responsible for the remaining amount owed, if any, after applying their credit. Texas Trade Days, LLC vendor credits expire on the 6th calendar day after the date the credit was issued. In cases of market reschedules, vendors who wish to move to another event date/location must submit their request in writing within 2 calendar days from the date notice was sent by Texas Trade Days, LLC. It is the vendor’s responsibility to apply issued credits to their payment by the deadline. Vendors are not issued refunds for any mistake made by, and/or personal or business issue of the vendor including, but not limited to: payment with wrong card, double booking with another event, double booking Texas Trade Days, LLC market dates, failure to check or misreading the availability list on the website, vendor cancellations, late shows, no shows, default of this lease agreement, termination of the lease agreement, end of term period, etc. Vendors who submit fraud claims/chargebacks for credit card charges and/or stop payments for payments they authorized are permanently denied and may face additional legal recourse by Texas Trade Days, LLC.
  • WRITTEN COMMUNICATION: Inquiries, requests and disputes must be made by the vendor in writing to Texas Trade Days, LLC at vendor@texastradedays.com or mailed to P.O. Box 691, Tomball, TX 77377. Texas Trade Days, LLC does not recognize texts, social media messages, or verbal messages as approved forms of communication when conducting business. Texas Trade Days, LLC does not enter into verbal agreements.
  • ACCEPTANCE: Vendor accepts the terms of this agreement, and acceptance of this agreement by Texas Trade Days, LLC from vendor is automatically conveyed to vendor, at the time vendor submits payment for space rental.
  • SIGNATURES: Vendor may download the PDF version of this agreement to sign, date and return to Texas Trade Days, LLC by email or in person. Vendor also signs a master copy of this agreement when signing the attendance log at check-in at market.
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