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 at the Event, who participates in the Event less than the full season and chooses to pay on a daily basis for any space used.
c. “Event” – means the Venue’s Event that the Vendor is participating in.
d. “Event Manager” – means the person or persons assigned and empowered by the Governing Body to implement Event policies and directives, and oversee operation of the Event.
e. “Olympic Authority” – means the New York State Olympic Regional Development Authority, its officers, directors, employees, and/or agents responsible for setting policies of the Event.
f. “Seasonal Lease” – means a Vendor who signs for space for the full season and makes payment in accordance with the established fee structure.
g. “Vendor” – means any seller or exhibitor participating in the Event.
2. GENERAL OPERATIONS
a. EVENT LOCATION & DATES. The Event will be located at the Venue on the dates and times indicated in Vendor’s application.
b. WEATHER and CANCELLATION. The Event 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 Event is cancelled in only very extreme circumstances, but if it becomes necessary, we will alert Vendors about the possibility of a cancellation 48 hours prior to the commencement of the Event. If weather circumstances change and cancellation is no longer necessary, Vendors are responsible for attending the Event 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 Event.
c. ATTENDANCE. Attendance is not mandatory, however, the more consistent the Vendors are the better quality the Event is and the more customers that will return. Not attending the Event without notifying the Event 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 Event does not issue refunds for dates that Vendors do not provide notice under this section. The Olympic Authority is not liable for unsellable merchandise in the case of a cancelled Event. Vendor agrees and understands that there is no limit to the types of Vendors at the Event, 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 EVENT VENDORS. Attendance at the Event is restricted to those who are bona-fide growers, craft persons, and producers of homemade products or other Vendors approved by the Olympic Authority. 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 Event and the Event 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 Event, 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.
Baking Vendors may sell products that they have baked themselves and who possess the proper licensing from either the New York State Department of Agriculture and Markets or their local county health department.
Prepared food vendors may sell products only if they hold all applicable and current licenses and permits required under New York State law, which may include, but are not limited to, Temporary Food Service Establishment Permit, or Food Service Establishment Permit issued by the New York State Department of Health or the local county health department, and, where applicable, licensing from the New York State Department of Agriculture and Markets.
Vendors must ensure that all required documentation is valid and on display during the Event.
Products not specifically identified must be pre-approved by the Event Manager.
e. VEHICLE TRAFFIC/LOAD-IN & OUT. After the Event begins, there will be no vehicle traffic in the Event. If a Vendor arrives after the Event begins, they may park and use their own cart to bring their materials to their allocated spot. NO vehicles will be allowed to drive on the access road after the scheduled start time for the Event, without exception. *All Vendors must be fully set up with product ready to be sold by the start of the Event.
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 Event.
g. APPLICATION SUBMISSION. All Vendor applications must be submitted online through the Venue’s official Event website. Submission of an application does not guarantee participation in the Event. All applications are subject to review and approval by the Olympic Authority. Only Vendors whose applications have been formally approved will be contacted by the Event Manager with further instructions and participation details.
h. VENDOR FEES. Vendor Fees are $100.00 inside and $75 outside per 10×10 space per weekend for the Event and $25 for any other day the Event is open. Daily Vendor fees are due the morning of the Event, 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. LICENSING. Upon acceptance, Vendors intending to sell prepared foods must submit copies of all applicable and current licenses and permits required by New York State and local authorities. These may include, but are not limited to, a valid Temporary Food Service Establishment Permit, or Food Service Establishment Permit issued by the New York State Department of Health or the local county health department, and, where applicable, a 20-C Food Processing License issued by the New York State Department of Agriculture and Markets. Vendors must ensure that all required documentation remains valid for the duration of the Event.
j. INDEMNIFY AND HOLD HARMLESS. Vendor acknowledges and agrees that, in lieu of providing the insurance coverages otherwise required by the Olympic Authority, Vendor shall assume full responsibility for all risks associated with the performance of Vendor’s obligations at the Event at which they participate under this Agreement. Accordingly, to the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless the Olympic Authority, the State of New York, the Department of Environmental Conservation, and their officers, employees, agents, and representatives from and against any and all claims, demands, liabilities, damages, costs, or expenses, including reasonable attorneys' fees, arising out of or resulting from any injury to persons (including death) or damage to property (including loss of use) resulting from the acts, omissions, negligence, or willful misconduct of Vendor, their employees, agents, contractors, or representatives, and any breach or alleged breach in connection with the performance of this Agreement, except to the extent that such claims, demands, liabilities, damages, costs, or expenses result from the gross negligence or willful misconduct of the Olympic Authority and its officers, employees, agents, and representatives when acting within the course and scope of their employment. This clause shall survive the expiration or termination of this Agreement.
k. 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 into consideration.
l. PETS. Vendors may not bring their pets or any animals to the Event 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.
m. FOOD & SAFETY. The Department of Agriculture and Markets (“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 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 Olympic Authority.
iii. All Vendor spaces must be swept clean and any refuse removed at the end of each Event 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 Event 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 Event. Exception is wine tasting.
xi. No hawking, proselytizing or amplified music is permitted at the Event.
xii. All products offered for sale must be of good quality and condition. The Event Manager reserves the right to direct any inferior goods be removed from display. Failure to remove products deemed inferior will be reported to the Olympic Authority and may result in loss of Event privileges.
xiii. Each Vendor in the Event must be directly involved with or knowledgeable about the production of the produce or products being sold at the Event.
xiv. Vendors are responsible for the actions of their representatives, employees or agents.
o. COMPLAINTS
i. All complaints will be reviewed by the Event Manager in an attempt to resolve the issue. If the Event Manager is unable to resolve the complaint, then a written follow up may be made to the Olympic Authority. The Olympic Authority will address the complaint at the next regularly scheduled meeting. If the complaint is of an immediate nature, the Event Manager may ask for a special convening of the Olympic Authority to address the complaint. The decisions of the Olympic Authority are final.
ii. The submission of application for admission to the Event serves as the Vendor’s agreement to abide by the rules of the Event, as established by the Olympic Authority and enforced by the Event Manager. Violations of the rules of the Event may be grounds for warnings, dismissal from the Event, or both.
• The first violation of the rules will result in a verbal warning by the Event Manager. Documentation of the warning will be kept on file by the Event Manager.
• The second violation of the rules will result in a written warning, given by the Event Manager. A copy of the letter will be kept on file by the Event Manager, along with any documentation of the violation.
• The third violation of the rules will result in dismissal from the Event or any future Events.
iii. At the discretion of the Event Manager, when a violation occurs that jeopardizes the health of a customer, another Vendor, Event management or the overall health of the Event, the Event Manager may immediately dismiss the Vendor from the Event. The dismissal will require documented proof of an egregious violation.
3. COMPLIANCE.
I, the undersigned Vendor, have read the above Agreement and do agree to abide by all rules and regulations.
I further agree to operate my booth/stall in accordance with these rules and regulations and to pay all applicable fees as set out in the Agreement. I do understand that the booth/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 Agreement could mean dismissal from the Event.
By signing, I commit to the dates listed above and agree to abide by all applicable Local, State, and Federal Laws and Regulations pertaining to my participation in the Event. Additionally, I will provide current licenses/permits associated with my participation in the Event. I certify that my business produces all the material for sale and that I am not a reseller of materials purchased from third parties.
