Farmers Market Terms and Conditions
1. DEFINITIONS.
a. “Bona Fide”:
i. As in growers – the seller is the producer of the products being offered for sale, from lands he owns or rents, with control over the production, harvesting and marketing of the products, and a financial interest in the products.
ii. As in craftsperson – all crafts offered for sale are original in nature and produced in whole by the seller. No crafts shall be permitted that are derived from kits.
iii. As in homemade products – all products are produced, baked or manufactured by the seller and are original in nature. No baked goods from mixes or purchased for finishing off will be permitted.
b. “Daily Vendor” – means any Vendor who is permitted to sell on the market, who participates in the market less than the full season and chooses to pay on a daily basis for any space used.
c. “Department” – means the New York State Department of Agriculture and Markets.
d. “Market” – means the Venue’s Farmers Market.
e. “Market Governing Body” – means the New York State Olympic Regional Development Authority (“Olympic Authority”), its officers, directors, employees, and/or agents responsible for setting policies of the market.
f. “Market Manager” – means the person or persons assigned and empowered by the market governing body to implement market policies and directives, and oversee operation of the market.
g. “Seasonal lease” – means a Vendor who signs for space for the full season and makes payment in accordance with the established fee structure.
h. “Vendor” – means any seller or exhibitor participating in the market.
2. GENERAL OPERATIONS
a. MARKET LOCATION & DATES. The market will be located at the Venue. The market will be open on Event/Festival days.
b. WEATHER and CANCELLATION. The market runs rain or shine. Please be prepared for hot, cold and wet weather. Vendors are permitted to bring small space heaters that don’t require access to electricity as necessary. The market is cancelled in only very extreme circumstances, but if it becomes necessary, we will alert vendors about the possibility of a cancellation by 48 hours in advance of the Event/Festival, and we will officially cancel the market by 4pm on the Thursday before the market. If weather circumstances change and cancellation is no longer necessary, vendors are responsible for attending the market as planned. Cancellation will be announced to vendors by email and will also be posted on the Belleayre Facebook page and website. The Olympic Authority is not liable for unsellable merchandise in the case of a cancelled market.
c. ATTENDANCE. Attendance is not mandatory, however, the more consistent the vendors are the better quality the market is and the more customers that will return. Not attending the market without notifying the market manager at the email address indicated in this section, or with notice less than 24 hours in advance, can result in the Vendor being asked not to return for the remainder of the season. The market does not issue refunds for dates that vendors do not provide notice under this section. The market governing body is not liable for unsellable merchandise in the case of a cancelled market. Vendor agrees and understands that there is no limit to the types of vendors at the market, so there may be vendors present with similar products or business offerings. Please notify Alex Sines of any absences by email at
[email protected].
d. APPROVED MARKET VENDORS. The use of the market is restricted to those who are bona-fide growers, craft persons, and producers of homemade products or other vendors approved by the market manager or governing body. Vendors may, on a limited basis, supplement their product line with additional New York State only products, as long as that product is otherwise missing from the market and the market manager has given permission for the supplement. This permission is valid for one season only and must be re-applied for each new season.
All agricultural products may be sold at the market, including but not limited to locally grown fruits and vegetables, dairy products, meats, flowers, plants, honey products, maple products, NYS wines sold by a farm winery, eggs, herbs and related products.
Craft vendors may sell products that they have hand produced themselves.
Bakers who have baked the products themselves and who possess the proper licensing from either the NYS Dept. of Agriculture and Markets or their County Dept. of Health.
Prepared food vendors with a current mobile food service license.
Products not specifically identified must be pre-approved by the market manager.
e. VEHICLE TRAFFIC/LOAD-IN & OUT. There will be no vehicle traffic in market area after the Event/Festival already begins on market days. If a Vendor arrives after the Event/Festival begins, they may park and use their own cart to bring their materials to their allocated spot. NO vehicles will be allowed to drive in the market area during scheduled times of the Event/Festival, without exception. *All vendors must be fully set up with product ready to be sold by the start of the Event/Festival.
f. TENT PLACEMENT AND SPACE USE. All product and display should be within the area of the tent and may not exceed a 100 square foot (10’x10’) area. All tents must have weights available for use to secure the tent if needed at every market.
g. APPLICATION SUBMISSION. All applications must be submitted online via email to
[email protected].
h. VENDOR FEES. Vendor Fees are $100.00 inside and $75 outside per 10×10 space per weekend for the Fall Festival and $25 for any other day the market is open. Daily Vendor fees are due the morning of the farmers market, prior to setting up for the day. Vendor seasonal lease fees are due upon submission of the Vendor application. Vendor agrees that both Vendor daily fees and Vendor seasonal lease fees are non-refundable, either in whole or in part. Make all checks payable to the State of New York Olympic Regional Development Authority. A $30 penalty fee will be charged for a returned check. No subletting of a seasonal lease is permitted. If you are interested in a seasonal lease, please contact Alex Sines at
[email protected].
i. INSURANCE AND LICENSING. Upon acceptance, Vendors applying to sell prepared foods must submit a copy of their 20-c license, and all vendors must submit a copy their up-to-date Certificate of Liability Insurance which must include the following types of insurance: Commercial General Liability (“CGL”) $1,000,000 Each Occurrence; $2,000,000 General Aggregate. Vendor’s insurance shall name the Olympic Authority, the State of New York, and the New York State Department of Environmental Conservation, as additional insureds.
Should any vehicles be driven on the Venue or any adjoining Olympic Authority property, other than a public road or in a visitor parking lot, Comprehensive Business Automobile Liability Insurance for any vehicle with a limit of not less than $1,000,000 combined single limit is required. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non-owned automobiles.
WORKERS’ COMPENSATION / DISABILITY INSURANCE: Prior to the Agreement becoming effective, Vendor must submit proof that they have the workers’ compensation and disability benefits coverage required by the New York State Workers’ Compensation Law, or proof that they are legally exempt from obtaining such coverage. Proof of compliance must be demonstrated in accordance with the requirements set forth by the New York State Workers’ Compensation Board.
If any Vendor is unable to provide proof of liability insurance, the Vendor may satisfy the liability insurance requirements through the Olympic Authority’s Tenant User Liability Insurance Policy (TULIP), which provides insurance coverage for the Olympic Authority and Vendor. The Vendor must pay the appropriate and applicable TULIP premium by check payable to “The New York State Olympic Regional Development Authority” on or before the first date of those Vendor Services that are approved by the Olympic Authority at the permitted Venue locations.
j. LOCATION DETERMINATION. The Venue’s staff will determine Vendor locations based on a first come first serve basis. If you have any special requirements, please let us know on your application, so that we may take them in to consideration.
k. PETS. Vendors may not bring their pets or any animals to the market UNLESS THEY ARE SERVICE ANIMALS. A copy of the Olympic Authority’s Service Animal Policy may be found at: http://www.orda.org/corporate/pdf/policy/ORDA_Service_Animal_Policy_2019.pdf.
l. VENDOR SAFETY. We are committed to ensuring the safety of our vendors and their staff. If there is a safety issue at the market, immediately bring it to the attention of Alex Sines. In addition to food safety protocols that are taken by farmers on the farm, farmers’ market operators should implement their own sanitary protocols. While the CDC and FDA have stated that COVID-19 is not known to be transmitted in food or food packaging, farmers/vendors are required to adhere to the following requirements:
i. Do not permit customers to spend an excessive amount of time near the booth or table.
ii. Limit the number of customers permitted at the table at one time, allowing for proper social distancing.
iii. Set up display tables in a manner that allows for social distancing between consumers (e.g. do not create close or confined spaces with displays in a manner where social distancing cannot be maintained).
iv. Frequently clean and sanitize surfaces and other frequently touched points of contact, including point of sale terminals.
v. Frequently wash hands with soap and water or use hand sanitizer containing at least 60% alcohol if soap and water are not available.
vi. Gloves are recommended while handling products at the market.
vii. Pre-package raw agricultural products, such as apple, potatoes, onions, etc. to the greatest extent possible. All other foods, such as breads and baked goods, must be sold pre-packaged. Please refer to existing food labeling laws.
viii. Be knowledgeable about the Food Safety at Farmers Markets Guidelines.
ix. Frequently check the Department of Agriculture and Market’s website for updates and additional resources.
x. Do not allow customers to place personal objects, such as reusable bags, money, purses, or cell phones, on Vendor tables.
xi. Customers should be encouraged to bag their own purchases, if possible.
m. FOOD & SAFETY. The Department regulates vendors at farmers’ markets to ensure compliance with New York State food sanitation requirements and to ensure that food is not adulterated or misbranded as outlined in Article 17 of Agriculture and Markets Law. This includes vendors selling raw agricultural products, such as produce and eggs, and processed, packaged foods, such as baked goods and preserved foods. Together with stakeholders from the farmers' market community, the Department has created guidance to help farmers' market vendors understand these food safety regulatory requirements at farmers' markets. This guidance is the first of its kind created by the Department and is intended to help the industry grow and flourish.
For more information please visit https://agriculture.ny.gov/food-safety/food-safety-farmers-markets.
n. SELLING GUIDELINES
i. All applicable food safety regulations, both state and local, must be adhered to at all times.
ii. All applicable licenses and permits for products sold must be obtained and kept current. Copies of applicable permits and licenses will be kept on file with the market management.
iii. All Vendor spaces must be swept clean and any refuse removed at the end of each market day.
iv. All vendors must have a sign clearly showing their name and location.
v. Each Vendor will be responsible for all equipment and supplies for the setup of a booth. Displays should be constructed in such a way that they do not block customer walkways nor pose any other hazard to customers.
vi. Vendors who provide samples and/or products that will result in waste material, such as cups, rinds, and corn cobs, must provide containers for waste disposal.
vii. Vendors are required to keep their market space neat and clear of obstacles, litter and debris.
viii. All produce displayed for sale must be at least 12” off the ground with the exception of heavy or large items such as pumpkins.
ix. Sellers must post prices. While it is expected that prices will be fair to consumers, the seller and fellow sellers, collusion among sellers to attempt to influence prices is strictly prohibited.
x. No smoking, alcoholic beverages or firearms are permitted at the market. Exception is wine tasting.
xi. No hawking, proselytizing or amplified music is permitted at the market.
xii. All products offered for sale must be of good quality and condition. The market manager reserves the right to direct any inferior goods be removed from display. Failure to remove products deemed inferior will be reported to the market’s governing body and may result in loss of market privileges.
xiii. Each Vendor in the market must be directly involved with or knowledgeable about the production of the produce or products being sold at the market.
xiv. Vendors are responsible for the actions of their representatives, employees or agents.
o. COMPLAINTS
i. Complaints against another Vendor, must be accompanied by a $50 “good faith” check. The market manager will then conduct an investigation and/or farm inspection against the accused Vendor. If the complaint is found to be valid, the $50 “good faith” check will be returned. If the complaint is found to be unfounded, the check will be forfeited and deposited in the market’s general funds with a letter of explanation sent to the complainant.
ii. All other complaints will be reviewed by the market manager in an attempt to resolve the issue. If the manager is unable to resolve the complaint, then a written follow up may be made to the market’s governing body. The governing body will address the complaint at the next regularly scheduled meeting. If the complaint is of an immediate nature, the market manager may ask for a special convening of the market’s governing body to address the complaint. The decisions of the governing body are final.
iii. The submission of application for admission to the market serves as the Vendor’s agreement to abide by the rules of the market, as established by the market’s governing body and enforced by the market manager. Violations of the rules of the market may be grounds for warnings, dismissal from the market, or both.
• The first violation of the rules will result in a verbal warning by the market manager. Documentation of the warning will be kept on file by the market manager.
• The second violation of the rules will result in a written warning, given by the market manager. A copy of the letter will be kept on file by the market manager, along with any documentation of the violation.
• The third violation of the rules will result in a one week suspension of selling privileges.
• The fourth violation of the rules will result in a two week suspension of selling privileges.
• The fifth violation of the rules will result in dismissal from the market.
iv. At the discretion of the market manager, when a violation occurs that jeopardizes the health of a customer, another Vendor, market management or the overall health of the market, the manager may immediately dismiss the Vendor from the market. The dismissal will require documented proof of an egregious violation.
3. COMPLIANCE AND INDEMNIFICATION.
I, the undersigned Vendor, have read the above Terms and Conditions of the Farmers Market and do agree to abide by all rules and regulations.
I further agree to operate my stall in accordance with these rules and regulations and to pay all applicable fees as set out in the rules and regulations. I do understand that the stall fee, length of season, and hours of operation are set in the rules and regulations, and I will abide by them.
I further understand that failure to comply with the Terms and Conditions of the Farmers Market could mean dismissal from the market.
I, the undersigned Vendor, agrees to indemnify, defend and hold harmless the Olympic Authority, the State of New York, the Department of Environmental Conservation (DEC), and each of its officers, directors, employees and agents from and against any claims, actions, damages, losses and expenses, including attorneys’ fees, for any actual or alleged injury or death to any person or damage to or to destruction of property arising out of any act or omission on the part of Vendor, including Vendor’s employees and/or volunteers in connection with the use or occupancy of any property owned or operated by the Olympic Authority, the State of New York, the DEC, or Vendor’s participation in the Market.
By submitting this application, I commit to the dates listed above and agree to abide by all applicable Local, State, and Federal Laws and Regulations pertaining to my business. Additionally, I will provide a Certificate of Insurance and if necessary, an Agriculture and Market Certificate. I will provide current licenses associated with my business. I certify that my business produces all the material for sale and that I am not a reseller of materials purchased from third parties. I will provide a Certificate of Insurance that complies with the above-referenced requirements. I will follow all of the above rules and regulations and will follow all NY State COVID-19 requirements that may be in effect at the time of the Farmers Market.
