Vendor Agreement

Whitney Trading Post Vendor Contract

This agreement is entered into this day ______________________ by and between

 

_____________________________________________

(Whitney Trading Post)

____________________________________________

(“Vendor”)

  1. Location

Whitney Trading Post is located at 206 N. Brazos St. Whitney, Texas. Hours of operation are as follows:

  • Tuesday-Sunday 11 a.m.-5 p.m.
  1. SET UP TIME

       The Vendor understands that they are agreeing to arrive for set up at an assigned time to be determined. Set up will occur on Monday’s 10am-5pm or 5pm-7pm Tuesday-Thursday by appointment only.  Vendors may not set up or break down booth during operating hours.

  1. VENDOR OPERATIONS

Vendor agrees to keep booth neat and always merchandised. Vendor is responsible for removing boxes, packing materials and unsold goods from the property. Dumpsters at location will not be used for disposal.  Vendor is responsible for furnishing all necessary equipment and materials in the designated booth space no larger than the space they are assigned.  Signage cannot be placed outside of booth space. Vendors will work professionally, cooperatively and reasonably with customers and Whitney Trading Post staff. 

 

       We do not accept broken, items with missing parts or damaged items or the following:

  • Crafts created from kits.
  • Booths used primarily for lead generation.
  • Products with offensive messages/imagery
  • Crafts assembled entirely from commercially components.
  • Items exclusively created from commercially made foods.
  • Items with blatant copyright infringement issues
  • All THC and Kratom products, and edible CBD products.
  • Items from multi-level marketing companies such as Thrive, DoTerra, Herbalife, Advocare, Mary Kay, etc.

 

  1. ASSIGNMENT OF CONTRACT

 

Whitney Trading Post (WTP) reserves the right to assign Vendor locations on a first come, first serve basis.  Whitney Trading Post will work to accommodate the needs of all Vendors.  WTP reserves the right to make the final decision and the Vendor agrees to be subject to the location decisions made by WTP. Vendors may not transfer or sublease the booth to another vendor or share assigned space with a Vendor unless it is approved by WTP. Additional vendors are required to submit an application be approved by WTP prior to selling goods at WTP.  All approved Vendors must sign and return a vendor contract prior to renting at WTP.

 

Contracts are valid for six months from the signed date and can be renewed with approval of Whitney Trading Post.

 

  1. VENDOR REFUND POLICY

All vendor payments are final, non-refundable and non-transferable.

 

 

  1. LIABILITY AND INDEMNIFICATION

 

The Vendor is solely responsible for damages or liabilities resulting from the private dealings with any helpers, customers and sale of unsafe or unsound goods.  Whitney Trading Post will not be responsible for damages or personal injury resulting from the use of tables, booth dividers and other devices used in conjunction with the vendor’s booth.  JFCRS Investments LLC does not assume any responsibility day or night to ensure the safety of Vendor’s property, goods and consumables from damage, theft, fire, malicious mischief, accident, loss of electricity, weather related incidents, or other.  Vendor agrees to not hold Whitney Trading Post and/or the property owner liable for any theft or damage caused to their inventory or personal effects while rental is in effect.  Security measures will be provided but this in no way ensures that the Vendor’s property is secure for all possibilities of damage or theft.  The Vendor hereby agrees to indemnify, hold harmless, release, waive and forever discharge JFCRS Investments LLC, its employees, agents, officers, and property owner for all bodily and personal injuries, including injuries resulting in death, and property damage, claims, actions, damages, liabilities and expenses, including reasonable attorney fees and court costs, which may occur as a result of the Vendor’s participation in Whitney Trading Post, whether or not sounding in tort or contract, and whether or not caused by a negligent act or omission of Whitney Trading Post, its employees, agents, officers and property owner. 

 

  1. COMPLIANCE

 

9.1  Vendor shall be solely responsible for ensuring the items sold and marketed for sale at the Whitney Trading Post are appropriate for sale under all applicable local, state, and federal laws and regulations.  Vendor shall not sell or market for sale any item that infringes on the rights of a third party, including but not limited to, items that violate copyrights, trademarks, patents, trade secrets, publicity, or private rights of third parties.  In the event of any claims of infringement as a result of Vendor’s acts or omissions, Vendor hereby agrees to defend, indemnify, hold harmless, release, waive and forever discharge Whitney Trading Post, its employees, gents, officers, and property owner against any claims of infringement.

 

9.2  No smoking or vaping is permitted at Whitney Trading Post.

              9.3  For a period of 24 months after the effective date of this agreement, vendor will not directly or indirectly solicit business from or attempt to develop,  own, operate or create the same or similar business as are now being provided to any customer or vendor.

                9.4  Any Vendor with an outstanding balance with Whitney Trading Post will not be allowed to rent a booth until remaining balance is paid in full.

  1. STANDARD OF GOODS

                8.1  Whitney Trading Post is a collection of vendors presenting antiques, vintage, retro, vintage-inspired, re-purposed, up-cycled, original, and/or hand-crafted goods.

  • Antique: Any work of art, piece of furniture, decorative object, clothing, or the like, created or produced more than 100 years prior to purchase.
  • Vintage: Any work of art, piece of furniture, decorative object, clothing or the like created or produced more than 20-50 years prior to purchase.
  • Retro: Any work of art, piece of furniture, decorative object, clothing or the like, created or produced ore than 10 years prior to purchase.
  • Re-purposed: Using an item or material for a purpose other than what it was originally created or produced. An original item or material given a new purpose for use.
  • Up cycled: Any work of art, piece of furniture, decorative object, clothing or the like created or produced using ordinary objects to make something extraordinary.
  • Hand Crafted or Hand Made: Any work of art, piece of furniture, decorative object, clothing or the like created or produced by hand labor.
  • Original Work: Any item or writing that is a result of independent effort and not created, received, or copied from or based on others work. Original works can be mass produced by an individual or manufacturer.
  • Vintage-Inspired: Any work of art, piece of furniture, decorative object, clothing or the like that is on trend, resembles and/or influenced by vintage design.

 

8.2 The vendor expressly warrants that the goods sold to any customer is what the vendor represents they are.  If the goods sold are not as represented, Whitney Trading Post will refund the full sales price to the customer and deducted from Vendor’s account. If any purchaser brings a lawsuit in law or equity against Whitney Trading Post or its employees, for any goods sold which are not what was represented by the vendor, its agents or employees, the vendor hereby agrees to indemnify and hold harmless Whitney Trading Post or its employees for any losses sustained from said action, including attorney’s fees, second attorney’s fees, or appeal incurred by Whitney Trading Post for the defense of the action and/or the indemnification and shall hold harmless.

  1. MONTHLY RENT AND FEES

Vendor Name                                                                                             Vendor Phone

__________________________________________     __________________________________

Booth Location                               Booth Size                                          Monthly Booth Rent

___________________          _____________________               _________________

Time Required for Volunteering at Whitney Trading Post

_____________________________________

Fee for Buying out Volunteer Time

_____________________________

Please sign this contract upon receipt and pay in full by ________________________. Should you have any questions regarding payments please call (254) 716-3200.

If payment is not made in full by the due date listed above a late fee of $25.00 will be applied.

 

 

 

 

 

 

 

 

 

  1. PHOTO RELEASE FOR ADULTS

I hereby consent to and authorize the use and reproduction by Whitney Trading Post of any and all photographs and/or video that have been taken of my booth for any purpose, without compensation to me or my assignees.  All images and digital files are owned by Whitney Trading Post, who reserves the right to use these photographs and/or video for the online publication, Whitney Trading Post websites and/or any social media operated by Whitney Trading Post and/or JFCRS Investments LLC. I hereby report that I am 18 years of age or older and have read and understood the terms of this release.

_________________________________________________________

Print Name

_________________________________________________________

Signature

_______________________

Date

 

 

I CHOOSE TO DECLINE THE PHOTO RELEASE (Initial here)

  1. CONTRACT ACCEPTANCE

11.1 The Vendor agrees to identify any employees, family or contract labor who will be assisting them with setup. Vendor takes full responsibility for any action or incident occurring at Whitney Trading Post by an individual that is employed or contracted by vendor.

Please identify any employees or contract labor that will be assisting with booth setup and maintenance:

____________________________________

____________________________________

11.2  The Vendor agrees that unless and until Whitney Trading Post accepts the Vendor contract, it shall not be binding.  If and when the contract is accepted by WTP the vendor will receive a confirmation email confirming payment and acceptance, it shall become binding upon both WTP and Vendor, with respect to space assigned.  Pursuant to the terms of this contract, the Vendor has read, understands, and agrees to be bound by the above referenced terms a Vendor with Whitney Trading Post.

 

 

I certify that I agree to abide by all WTP rules. I agree to return the executed contract and payment for booth rental for my participation at WTP. My signature below certifies that I have read, understand and agree to abide by all the rules and regulations of Whitney Trading Post.

Approved Vendor Name:

________________________________________________

Vendor Signature:

_______________________________________________

Date:

_______________________________

Email address: ______________________________________________

Phone Number: _______________________________________

Address: _____________________________________________________________