Texas Trade Days, LLC Vendor Policy & Lease Agreement
Effective: August 29, 2019
This website copy is provided for your convenience. The official copy is attached to our online vendor application.
2019 Texas Trade Days, LLC Vendor Policy & Lease Agreement
- TEMPORARY SPACE RENTAL AGREEMENT: Vendor acknowledges they are submitting a space lease agreement and rental payment to Texas Trade Days, LLC for the date(s) selected by the vendor on the attached application. This agreement only covers the leased space, and applicable services required for the leased space.
- 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.
- VENUE OCCUPANCY: Texas Trade Days, LLC rents and occupies property with the written permission of all property owners through 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) listed on this application in which the event takes place.
- 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 market without refund. See Refunds & Credits for additional information.
- 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.
- SPACE RENTAL ADJUSTMENTS: Texas Trade Days, LLC reserves the right to adjust space rental prices at any time.
- 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.
- VENDOR APPLICATIONS & PAYMENTS REQUIRED: All vendors are required to apply for all space rentals, vendor programs, and Texas Trade Days, LLC services in which the vendor wants to receive. 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 prior to the market date(s) and before a vendor will be allowed to set up for each market. Vendors are required 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, unless otherwise agreed to in writing at the discretion of Texas Trade Days, LLC. Vendor mail received by Texas Trade Days, LLC is immediately refused and sent back to the return address through the original mail carrier, unless otherwise stated in writing through official notice by Texas Trade Days, LLC. Deadline to submit applications is 12:00 PM Friday prior to each market date.
- VENDOR APPLICATION FEE: The application fee is equal to 1/2 the total gross space rental price of each application submission and is included in the gross space rental price of each application. The application fee is charged for each application made to Texas Trade Days, LLC, 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 date, space type and quantity selected on the application to satisfy the gross space rental price.
- AGE REQUIREMENTS: Vendors must be 18 years of age or older to participate as a vendor at Texas Trade Days, LLC markets. Minors under the age of 18 must be accompanied by their legal guardians.
- VENDOR APPLICATION ITEMS: All merchandise and promotional products intended to be sold or distributed at Texas Trade Days, LLC markets 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 market area 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 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.
- VENDOR 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 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 application 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 application due to delayed payment processing by the payment processor. Texas Trade Days, LLC does not reserve space rentals without receiving a completed application 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 application. General market details are posted on the Texas Trade Days, LLC website.
- DENIED APPLICATION ITEMS: Any product/service listed and/or shown on the application may be denied being present and/or sold at the market. Vendor is notified through email of denied application items. Vendor may still participate at the market without the denied items present.
- DENIED APPLICANTS: Applicants may be denied based on prohibited items, filled vendor spaces, incorrect application submissions and violations of this policy prior to approval. Denied applications are issued refunds, less the application fee for the submitted application.
- LIMITS ON VENDOR TYPES: Texas Trade Days, LLC reserves the right to limit vendor types at any time.
- MLM VENDORS: MLM Vendors are responsible for checking the Texas Trade Days 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 and any double booking as a result of the vendor’s failure to comply with their company rules.
- 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, so 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 this vendor policy and lease agreement terms.
- CORPORATE VENDORS: Texas Trade Days, LLC permits corporate vendor representatives at markets, if the corporate company space is shown on the application. Corporate vendors include, but are not limited to: Major retailers, energy and communication companies, grocers; home, personal and professional services; travel agencies, marketing and entertainment companies, etc., and their representatives whether employees or independent contractors. Corporate vendors do not include: MLM representatives, REALTORS, Real Estate Service Providers, Licensed Personal Services (E.g. Massage and Cosmetologists) and other local small businesses. Corporate vendors are placed in prominent market locations near the main flow of customer traffic and are announced as sponsors for various market services such as venue, restroom, entertainment, food, security, etc. In addition, corporate vendors are listed in the Texas Trade Days, LLC online vendor directory along with their website links. Corporate vendors are permitted to leave the market prior to the public closing times, so long as their departure is done so safely. Corporate vendors wishing to leave should contact Texas Trade Days, LLC prior to their departure for further instruction. Other than any exceptions to this policy this section may provide, corporate vendors are to adhere to this vendor policy and lease agreement terms.
- COMMERCIAL FOOD VENDORS: Applies to any food truck, trailer or booth, and includes restaurants, on-site food preparations and any food vendor wishing to provide non-prepackaged samples for on-site public consumption. Commercial food vendors are responsible for obtaining all appropriate licenses, insurance and permits, and where to obtain these documents. Cottage Food Vendors are excluded from this section.
- 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 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 application and issued a copy of this vendor policy and lease agreement.
- VENDOR SPACE LIMITS: Equipment, displays, merchandise, etc. must be kept within the designated space rental. Additional space may be rented at the time of application. 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. Mature content, explicit versions of songs, etc. is prohibited.
- 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 setup 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 https://texastradedays.com/vendor-learning-series/ .
- VENDOR TENTS: Required for all uncovered outdoor spaces. 10×10 straight-leg canopy tents recommended. Corporate, Business, Product Logo Covers are allowed.
- VENDOR TENT WEIGHTS: 30-45 pounds of weight per tent leg required for outdoor tent use. 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. Vendor’s are responsible for maintaining a clean space, as well as properly discarding and removing trash. Any items left behind are discarded by Texas Trade Days, LLC.
- VENDOR TRASH: Vendors are responsible for properly cleaning and discarding all waste within and surrounding their space rental. 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 may result in loss of future market space without refund, at which time the invoice cancels. Be sure to bring trash bags to each market and discard trash in the authorized dumpsters. If a dumpster is not available, vendors are to take their trash with them.
- 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.
- 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. 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 a 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.
- ADVERTISING BY VENDORS: Approved vendors are responsible for their individual business advertising for each market they participate. 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 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. 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.
- 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.
- SECURITY: Texas Trade Days, LLC may provide security throughout the market. 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 vendor policy and lease agreement terminates at the end of the term period of each market date selected by the vendor on the attached application.
- 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. Vendors are encouraged to email Texas Trade Days, LLC to discuss company business disputes and seek resolution.
- 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 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 credit space rental payments to another market 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. 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. Vendors will not be 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 policy, termination of the term period for the market selected on the attached application, etc. Any refunds or credits issued to the vendor only include the space base rent per square foot for the space rental selected on the attached application.
- WRITTEN COMMUNICATION: Inquiries, requests and disputes must be made by the vendor in writing to Texas Trade Days, LLC at email@example.com.
Vendor agrees to abide by this policy and lease agreement terms upon checking the box below, submitting this application and making payment.