Texas Trade Days Vendor Policy & Agreement

2019 Texas Trade Days, LLC Vendor Policy & Lease Agreement

Effective: April 11, 2019

  1. TEMPORARY LEASE AGREEMENT ACKNOWLEDGEMENT:  
    Vendor acknowledges that the acceptance of this application and associated vendor payment by Texas Trade Days, LLC is considered an executed temporary lease agreement for the date(s), time(s), location(s) and booth space(s) selected above between the vendor and Texas Trade Days. The application fee is fully applied to the vendor booth space rental fee. Booth space rental fees become earned and payable upon acceptance by Texas Trade Days, LLC for the event date(s) selected on the application. Vendor will be notified in writing of their acceptance no later than the Friday prior to the event date(s) selected by the vendor on the application. Violations of these agreement terms, Texas Trade Days, LLC policy and rules set forth below, and/or any instructions, whether verbal or in writing, made by Texas Trade Days, LLC, the property owner (venue) and/or security by the vendor is considered a default of this agreement by the vendor.
  2. VENUE OCCUPANCY: Texas Trade Days, LLC rents and occupies property with the written permission of all property owners through lease and/or occupancy agreements. Texas Trade Days, LLC remits all deposits, lease payments and fees to the property owner (venue) in accordance to the agreements. Texas Trade Days,LLC is given authorization by the property owner (venue) to subdivide and sublease the assigned property to vendors for the purposes of commercial for-profit business. 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 occupancy/lease agreements can contact the property owner (venue) at the location in which the event takes place.
  3. TEXAS TRADE DAYS LICENSING AND PERMITS: Texas Trade Days, LLC obtains and maintains legally required licensing and permits to operate business in the State of Texas, county and/or city of operations. 
  4. TEXAS TRADE DAYS CONDUCT: Texas Trade Days, LLC conducts business in a fair and professional manner with integrity in accordance to governing laws, regulations, rules and ethics.
  5. TEXAS TRADE DAYS ADVERTISING: Texas Trade Days, LLC advertises and markets Texas Trade Days, LLC and its events to attract and maintain customers, promote positive community involvement and generate additional foot traffic for events. Costs of marketing are factored into vendor costs and are non-refundable.
  6. COST ADJUSTMENTS: Texas Trade Days, LLC reserves the right to adjust costs to meet the needs of the company at anytime.
  7. 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 events. Any vendor not wishing to be photographed or recorded can decline at any time during any event.
  8. PROHIBITED ITEMS AND INFORMATION: Texas Trade Days, LLC STRICTLY PROHIBITS the following items to be sold, traded, distributed or displayed at any Texas Trade Days, LLC events. Prohibited 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 (includes CBD/Hemp Oil Products); 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 event will result in the immediate removal of the items. Refusal to remove the prohibited items will result in the vendor booth being removed from the grounds immediately. No exceptions. UNLAWFUL DRUG/ALCOHOL POSSESSION/CONSUMPTION IS STRICTLY PROHIBITED. Texas Trade Days, LLC reserves the right to discontinue a vendor’s participation in the event and/or Texas Trade Days, LLC vendor membership 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.
  9. ALCOHOL: Texas Trade Days, LLC strictly prohibits any vendor to provide alcoholic beverages, promotional information, tastings, and promotion of home-based parties to conduct business at any event.
  10. APPLICATIONS & PAYMENTS REQUIRED: All vendors are required to submit an online application for all booth rentals, vendor programs, and Texas Trade Days, LLC services in which the vendor wants to purchase. Texas Trade Days, LLC does not issue application payment invoices, requests for payments, etc. in lieu of an application. All vendor applications must be completed online prior to the event date(s). Texas Trade Days, LLC requires vendors to make payment through the approved credit card processor at the time of application. Texas Trade Days, LLC does not accept applications, cash, cashier checks, money orders or personal checks in-person or by mail. Vendor mail received by Texas Trade Days, LLC is immediately issued a Return to Sender notice through the mail carrier.
  11. APPLICATION FEE: An application fee is charged for each application made to Texas Trade Days, LLC, and is nonrefundable, effective April 3, 2019. The application fee is equal to the total cost of each application submission and is nonrefundable. The application fee is not transferable to other application submissions or other event dates not selected on the application in which the application fee applies. The application fee for approved applications is applied to the booth space rental fee for the date, booth type and quantity selected on the application.
  12. APPLICATION ITEMS: All merchandise and promotional products intended to be sold or distributed at Texas Trade Days, LLC events must be listed on the application. 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 event area upon instruction by Texas Trade Days, LLC whether verbally or in writing. 
  13. APPROVED APPLICATIONS: Texas Trade Days, LLC deems an application approved when: the vendor application is complete, vendor payment has been posted by the payment processor, vendor meets all Texas Trade Days, LLC quality requirements and the event date(s) are available to the vendor. Vendors paying by eCheck (bank account not credit card) risk the chance of denial of application due to delayed payment processing by the payment processor. Texas Trade Days, LLC does not reserve booth space without receiving a completed application and posted payment. Texas Trade Days, LLC lists all approved vendors under their designated event on the Texas Trade Days, LLC website. Approved vendors will receive the event details via email no later than the Thursday prior to the approved event(s) listed on the vendor’s application.
  14. DENIED APPLICATION ITEMS: Any product/service listed and/or shown on the application may be denied to be present and/or sold at the event. Vendor is notified through email of denied application items. Vendor may still participate at the event without the denied.
  15. DENIED APPLICANTS: Applicants may be denied based on prohibited items, already filled vendor spaces, incorrect application submissions and violations of this policy.
  16. LIMITS ON VENDOR TYPES: Texas Trade Days, LLC reserves the right to limit similar vendor types at anytime for any reason.
  17. 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). ONLY SELECT THE RUMMAGE SELLER SPACES to receive the discounted rate. Texas Trade Days, LLC handles event permitting (if any), on-site police security scheduling, advertising and event coordination rather than individuals having to do so for private garage sales. Rummage sellers are permitted to leave the event prior to the end of the event, so long as their departure is done so safely. Rummage sellers wishing to leave should contact Texas Trade Days, LLC owners and/or 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 this policy and lease agreement terms.
  18. CORPORATE VENDORS: Corporate vendors are non-traditional, non-home-based vendors whose products/services are, but not limited to: Any business required to be licensed in the State of Texas for operations, promotions of products or services, Insurance, Energy, Cellular, Dentist, Cemeteries, Attorneys, REALTORS, Home Improvement, Public & Private Colleges & Universities, etc. whether independently owned/operated, independent contractors, employees, etc. with the exception of mobile human or animal therapeutic or cosmetic services offered directly by the licensed practitioner. ONLY SELECT THE CORPORATE TENT SPACES on the application. Failure to do so will result in a denied vendor booth application without refund. Your payment will be used to mention you in a #sponsored post on social media for the event on the application. Corporate Vendors will be treated as event sponsors. You will have your own section for you to leave as needed without disturbing the other vendors and shoppers during our open hours, staying the entire duration is strongly recommended and encouraged. Corporate Vendors are allowed to talk to vendors, walk customer aisles and great customers as they enter the event area. You are required to leave vendor booths as soon as customers enter the booth. Do not sell or promote your company and services at other vendor booths, only introduce yourself and invite vendors to your booth to sell and promote yourself. Do not pull customers from vendor booths, interrupt sales and business operations, call out to customers in the aisles, chase customers or other disruptive sales practices. You are required to stay at your assigned space for promotions and sales for the majority of the event. Continued disruptions and obnoxious behavior will result in the Corporate Vendor’s removal from the event without refund. Exceptions to this policy will not be provided.
  19. BOOTH SHARING: Booth sharing is not permitted. Only one vendor/company per booth space.
  20. VENDOR SUBLEASING/ASSIGNMENTS/FILL-INS: Vendors are strictly prohibited from selling, assigning or requesting fill-ins of their booth space to another vendor for any reason. Texas Trade Days, LLC only authorizes vendors to participate in Texas Trade Days, LLC events in which an application is on file. Vendors caught subleasing/assigning/filling-in booth spaces are prohibited from setting up at events.
  21. ADVERTISING BY VENDORS: Vendors are expected to share Texas Trade Days event flyers, Social Media event listings, invite social media friends to social media event listings, and other event promotional activities for the event they have applied. Market will be referred to as Texas Trade Days only. All other variations are not authorized, unless otherwise promoted by Texas Trade Days, LLC. Vendors will not mislead the public by advertising inaccurate information that deviates from any 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 events. Texas Trade Days, LLC provides vendors with social media events, flyers, photos and other promotional items vendors are authorized to distribute. 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 upon notice by Texas Trade Days, LLC. 
  22. VENDOR EQUIPMENT: Vendor’s are required to provide their own equipment (tents, tables, chairs, displays, decorations, products, etc.) for their business operations. Any equipment available for rental, including any associated fees, by Texas Trade Days, LLC will be listed on the application. Equipment examples and recommendations can be found at https://texastradedays.com/vendor-learning-series/ .
  23. TENTS: Required for all uncovered outdoor booths. 10×10 straight-leg canopy tents only – Solid colors only. Corporate, Business, Product Logo Covers are permitted.
  24. TENT WEIGHTS: 30-45 pounds of weight per tent leg required. 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 authorized.
  25. TABLE COVERS ARE REQUIRED: All vendor tables must be covered with actual table covers. Sheets, tarps, plastic party table covers, disposable table covers, etc. are not permitted. RUMMAGE SELLERS: You may use other coverings, if any, so long as your booth area remains organized and clean.
  26. BANNERS & SIGNS: Must not be larger than 3×10 feet in size and are only authorized to be attached to vendor provided equipment. Standing signs shall not block the view of other booths, access to entrance and exits of the event area, other booths, and customer aisles.
  27. COMMON AREAS: Vendors are required to keep all common areas free from equipment, storage containers, vehicles, trash and debris.
  28. 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 booth only. Booths and spaces will be kept neat and clean at all times. Vendor’s are responsible for maintaining a clean booth space, as well as properly discarding and removing trash. Any items left behind will be discarded by Texas Trade Days, LLC.
  29. WASTE DISPOSAL: Vendors are responsible for properly cleaning and discarding all waste within and surrounding their rented booth space. Vendors who fail to clean their area will be invoiced a $50 clean up fee in the event a deposit is not charged upfront. Be sure to bring trash bags to each event and discard trash in the authorized dumpsters. If a dumpster is not available, vendors are to take their trash with them.
  30. STRUCTURES: Vendors are prohibited from erecting permanent and semi-permanent structures in their booth space. All structures must be temporary in nature and shall not be affixed in any way to the ground, nearby structures, vehicles, etc.
  31. BOOTH DESIGN: Displays, booth 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 setup as needed.
  32. PROHIBITED INDOOR EQUIPMENT: Any equipment that poses a safety hazard to persons or property. Convention/Expo style equipment is not permitted, unless expressly authorized by Texas Trade Days, LLC. Texas Trade Days, LLC and its venues reserve 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 Texas Trade Days, LLC and its venues. Prohibited indoor equipment 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 outdoor booths and/or spaces. 
  33. BOOTH SPACE LIMITS: Equipment, displays, merchandise, etc. must be kept within the designated booth space. Additional space may be purchased at the time of application. Texas Trade Days, LLC reserves the right to keep the vendor within their designated booth space and/or charge the vendor for the additional space needed during the event.
  34. PARKING: Vendors are required to park, unload and load from the assigned areas as directed on the website and/or at check-in. Vendors are prohibited from parking in or near the event area.
  35. 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 booth space, 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 booth, loss of vendor sales, damage or injury as a result of the vendor’s use or discontinued use of hazardous equipment.
  36. VENDOR COMMUNICATION: Vendors are responsible for ensuring they receive emails from Texas Trade Days, LLC. Texas Trade Days, LLC is not responsible for lost or failed deliveries of emails resulting from email junk/spam filters, third party verification sites, inaccurate emails provided on the vendor application, etc. Vendors are responsible for emailing Texas Trade Days, LLC regarding cancellations, missed dates, disputes, corrections and other business matters. Emails can be sent directly to texastradedays@gmail.com or other listed email addresses provided.
  37. EVENT DATES & AVAILABILITY: Texas Trade Days, LLC schedules event 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. Texas Trade Days, LLC does not guarantee any specific date or times of an event that does not have a contract on file with its venues. Event dates, times and locations are subject to change.
  38. VENDOR TIMES: Vendors will be given at least 1.5 hours to set up before the start of the event, as available. Vendor set up shall stop set up at the event start time. Vendors arriving anytime within 1 hour before the start time of the event may be considered late. Vendors arriving within 30 minutes of the event start time are not be allowed to set up without refund. Vendors will be given exactly 1 hour to tear down after the end of the event. Early departure of vendors is not discouraged. Vendors should not start packing items, moving vehicles, etc. until the event has ended. Corporate Vendors and Rummage Sellers Excluded.
  39. VENDOR BEHAVIOR: Vendors are required to always be respectful to the venue officials, Texas Trade Days, LLC, fellow vendors and customers. Vendors must respect fellow vendor booth areas. Vendors are required clean up their booth area. Vendors are required to keep business discussions discrete, professional and away from other booths. Vendors shall not argue with venue officials, Texas Trade Days, LLC, fellow vendors and customers at anytime for any reason. Vendors are required to keep vehicles out of the way of fellow vendors and their booth spaces while loading and unloading. Driving through the event area at any time 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 booths, to roam freely through the event area, and must be on their best behavior. Children needing attention must be cared for privately away from the event area and customers.
  40. DRESS CODE AND CONDUCT: Texas Trade Days, LLC requires vendors to arrive and remain fully dressed, be well groomed with good hygiene, and wear clean clothes with a professional appearance.
  41. SALES AND PROMOTION: Sales and promotions are only authorized within the vendor’s designated booth space. Vendors are not authorized to sell their products or services to other vendors at the other vendor’s booth.
  42. BOOTH MUSIC: Cannot be heard in another booth, unless approved by Texas Trade Days, LLC. Mature content, explicit versions of songs, etc. is prohibited.
  43. WEATHER CONDITIONS: Texas Trade Days, LLC events 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 event) may result in the vendor not being allowed to continue the event without refund. See Refunds & Credits for additional information.
  44. VENDOR FOOD & DRINKS: Many Texas Trade Days, LLC venues prohibit outside food and drinks on their properties. Vendors may only have water bottles at their booth. All other food and drinks must be kept and consumed in vendor vehicles or off property. See the Market Day Details page of the website for venue specific information.
  45. LICENSING AND PERMITS: Vendors are responsible for obtaining all required licenses, permits, etc. to conduct their business and set up their booth. Vendors are also responsible for displaying these documents to the public during our events as required by law. 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.
  46. STATE SALES TAX: It is the vendor’s responsibility to adhere to city, county and state tax regulations in the collection and payment of Texas Sales and Use Tax. The Texas Comptroller of Public Accounts Sales Tax Line is 800-252-5555 or visit their website at https://comptroller.texas.gov/taxes/permit/.
  47. TEXAS COTTAGE LAW: Texas Trade Days is a for-profit business/event. Vendors are responsible for obtaining licences, certificates and permits. More information at https://www.dshs.texas.gov/foodestablishments/cottagefood/default.aspx – Texas Cottage Food and Farm vendors participating participate at their own risk. Texas Trade Days, LLC is not responsible for regulatory booth shutdowns, fines and penalties incurred for vendor failure to obtain required certificates, permits and/or licenses.
  48. COMMERCIAL FOOD VENDORS: Commercial food vendors or vendors wishing to provide samples to the public are required to obtain a Temporary Health Establishment Permit through the appropriate health authorities. Texas Trade Days, LLC is not responsible for regulatory booth shutdowns, fines and penalties incurred for vendor failure to obtain required certificates, permits and/or licenses.
  49. FOOD CONCESSIONS & TRUCKS: Texas Trade Days, LLC may not accept food concessions or food truck vendors for events, unless otherwise advertised. Food concession and food truck vendors are responsible for their portion of venue concession buyout costs, sales percentage payments, permits and other requirements of the venue. Contracted/Preferred food concession vendors of the venue have the right of first refusal. Vendors may be required to enter commission agreements with our venues. Texas Trade Days, LLC submits appropriate information to venues requiring commission agreements. Texas Trade Days, LLC is not responsible for regulatory booth shutdowns, fines and penalties incurred for vendor failure to obtain required certificates, permits and/or licenses, or complete commission agreements as required.
  50. INSURANCE: Vendors should have Commercial Business Liability Insurance in a coverage amount appropriate to their business. Food Trucks and on-site food preparation vendors are required to add Texas Trade Days, LLC as an additional insured on their policies and are responsible for all associated fees. Texas Trade Days, LLC insurance policy does not extend to vendor tenants.
  51. SERVICE ANIMALS: Service animals are allowed at Texas Trade Days, LLC events. Vendor’s are responsible for maintaining the health, safety and comfort of their service animal at all times. Vendor’s may be removed from the event without refund if the service animal becomes a threat to the health, safety and enjoyment of itself, the vendor, other vendors, guests, customers and staff, and/or at the request of the property owner (venue) and/or security.
  52. SECURITY: Texas Trade Days, LLC may provide security throughout the event. 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.
  53. 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.
  54. REFUNDS & CREDITS: All payments to Texas Trade Days, LLC are final. 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 credit booth rental fees to another event date in cases of uncontrollable event cancellations or reschedules 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. Vendors are responsible for the remaining amount owed, if any, after applying their credit to the application. Texas Trade Days, LLC vendor credits expire on the 6th calendar day after the date the credit was issued.
  55. VENUE CONTRACT DEFAULT: Texas Trade Days, LLC will issue actual vendor refunds in the event Texas Trade Days, LLC does not meet its obligations of its venue contracts which cause a permanent cancellation of its events. Texas Trade Days, LLC may issue vendor credits for defaults caused by the venue that results in a permanent cancellation of events held at the venue. Refunds and credits are adjusted and issued are determined by Texas Trade Days, LLC and the venue rental contract on file.
  56. TERMINATION: This vendor policy and lease agreement terminates at the end of the term period of each event date selected by the vendor on the application.
  57. 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.