Terms & Conditions

The Colorado Makers Market Terms and Conditions for Vendors

Thank you for choosing to be a part of The Colorado Makers Market (we/us/our). By applying to participate in the markets you agree to be bound by these terms and conditions (Terms)

1. Definitions

“We/Us/Our” refers to The Colorado Makers Market

“You/Your” refers to You personally and Your Company and (if applicable) any staff, contractors, agents or representatives that have paid to have a Space at our markets (Space) to display and sell your goods

“Space” means a space that you hold at our market or markets

 “Vendor” refers to any person and/or company who has applied for a space at The Colorado Makers Market under these Terms and has been granted/approved a Space and includes any staff, contractors, agents or representatives that participate at Your Space.

 “Vendor’s Manual” means the manual we provide You which sets out general guidelines about Spaces, markets and other information relating to the Colorado Makers Market including set up and arrival procedures, preparing for the market, emergency procedures and important contact information.

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks (registered or unregistered), designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity.

“Confidential Information” means information that is by its nature confidential, but does not include information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under these terms and conditions.

“Cash box” refers to mixed cash denominations made up of legal tender (bills and coins).

“EFTPOS” electronic funds transfer at point of sale

2. Your Application

We will assess your vendor application for suitability by reference to various criteria including the level of

• Creativity and originality;

• Presentation and Professionalism of Your Finished products and Services;

• Commitment of independent design;

• Uniqueness in the marketplace;

•Appropriateness, suitability and viability for selling at our markets.

We reserve the right to decline any application that we deem unsuitable at our sole discretion.

3. Registration fee

Once we have approved your vendor application, the vendor fee must be paid in full, unless other special payment arrangements have been made. Failure to pay by the deadline set by us may lead to cancellation of the approved application and/or affect your ability to participate in any of our future markets. The vendor fee does not include the use of furniture such as spaces, racks, or chairs. You must provide your own.

4. Cancellation

Cancellation by a vendor prior to a Colorado Makers Market date they are participating in, after the participation fee has been paid will result in the forfeiting of said participation fee. Cancelations made by the Colorado Makers Market see, section 16.

 5. What to Bring

We encourage you to bring the following items to the market, which we will not supply to you

a. Display and promotional materials – including business cards and means of contact

b. A cash box to suit your product pricing and suitable means to secure cash and/or order forms. There is no facility to change cash at the markets.

d. Packaging and if applicable, carry bags for customers to take their products home in

6. Credit Card and EFTPOS

We do not provide credit card or EFTPOS facilities for individual vendors and recommend that you provide these facilities yourselves.

7. Term

Vendor spaces are rented on a one-off basis only. Further, the act of renting a vendor space does not create any form of tenancy or secure a right or license to hold a space at our markets in the future. This means if you are successful in obtaining a vendor space, you are not guaranteed a vendor space at any future markets.

8. Non-transferable

The right to hold a Colorado Makers Market space must not be transferred, sold, assigned or sublet to any other person, month, or company without our prior written consent from us. In the event that we do consent to your rights to hold a space being transferred, sold, assigned, sublet or otherwise to any other party, you warrant that the party who is receiving these rights must agree to be bound by these Terms and You agree to assist the Colorado Makers Market in procuring such an agreement if required.

9. Sharing Your Space

If you wish to share your space with someone else that has not been approved by us in the Vendor Application (Additional Vendor). You must seek our prior written consent and provide us with the full details of the Additional Vendor. These details must include: Name of the additional vendor, their full address, company name, phone number, and business phone numbers and a detailed description of their business, goods and/or services. We reserve the right to charge an additional fee if You wish to share Your Space with someone else who was not originally approved in your Vendor Application. In addition, You must bring these Terms to the attention of anyone sharing Your Space at least 3 weeks prior to the market commencing.

10. Behavior at the markets

Visitors and customers of the Colorado Makers Market as well as those of the venue in which the market is held and fellow vendors, must be treated with courtesy and respect at all times. Vendors must not insult or intimidate anyone including other vendors, customers, visitors and staff. Failure to comply may result in the immediate closure of your Space. You must not engage in any conduct, which is disruptive or inconsistent with the purpose of the Colorado Makers Market. You must remove all trash and material from Your space. Do not leave trash or unwanted merchandise of any kind.

11. Appearance of Your Space

You must keep Your Space clean and tidy at all times in order to maintain the high standard we impose at the Colorado Makers Market and only use your Space for the purposes of the Colorado Makers Market/s and display products must be displayed in a manner that does not interfere with fellow Vendors.

12. Responsibility for damage

You warrant that You are liable to pay for and indemnify us against

• Any damage caused by You, Your staff or Your representatives to Your allocated Space or to the venue in which the market is held.

• Any other premises that we hold markets at; and

• Any damage or injury caused due to a Vendor’s products not complying with any laws, regulation and standards or malfunction or not being fit for the its purpose. Further, You are responsible for obtaining any relevant permits and/or license to operate Your Space and sell products.

13. Space set-up

Set up times will be allocated by Us. You will be notified of these times prior to the market commencing. Space positions will be allocated in advance. You agree to not change Your position within the market without our prior consent and setup only within your allocated space. All vendors will be allocated a Space for their market in advance at our sole discretion. However, if You have a special requirement for a particular location or space, please let us know and we will use our best endeavors to take that into account. We take a number of factors into consideration when allocating spaces including the types of products that You will be selling and special request that you have for practical or technical reasons.

14. Safety

The health and safety of all patrons, staff and vendors is of paramount importance. Therefore, You must ensure that You a. Pay constant attention to the aesthetic appearance of your Space area; b. Store all products, furniture, signs and equipment safely within Your Space and generally ensure that You do not have trip and fall hazards that could cause anyone to suffer an accident; c. Keep all of Your items and boxes out of the walkway around Your Space area, ensure that Your exhibits are well constructed and safe and otherwise contain all equipment that may result in a person tripping, slipping or falling; d. Clean up any spills, breakage or otherwise immediately and call an emergency service if required or an appropriate contact we have provided You with in advance; e. Keep all public access ways clear’ f. Behave at all times in a manner that ensures that the health and safety of anyone who visits the market is not compromised

15. Parking and traffic

Load in access will be available for all Vendors. Special directions will vary. Please check your Vendor’s Manual before the commencement of the market. Parking will be available for all vendors. You will have access to load in and out on the day. Details relating to loading and parking access will be provided to You upon acceptance of Your Vendor application. Vendors must obey all local traffic and parking regulations and not inconvenience local residents and members of the public and respect their premises and property.

16. Market Cancellation by the Colorado Makers Market

The market is held indoors rain or shine. However, in the event of dangerous weather conditions we reserve the right to cancel the market.

We also reserve the right at our sole discretion, to cancel the market in the event of unforeseen venue issues, which prevent the market from operating safely. Such an event may include a fire, global pandemic, major accident or damage to the venue. You agree that we will not be held responsible for any loss, damage or injury arising form adverse weather conditions or any other cancellation factors that are not within our control. All participation fees are non-refundable.

 17. Risk

You understand and agree that it is Your sole responsibility to take all due care and diligence to prevent injury and property damage to You or any other third party including, but not limited to, visitors to the Colorado Makers Market. The Colorado Makers Market is not responsible for any lost or stolen merchandise. Each individual vendor is responsible for their own merchandise, products, & any other personal belongings.

18. Limitation of Liability

You agree that we are not liable for any direct, indirect or consequential damage, loss or harm suffered by You, Your agents or your representatives that may result from Your Participation in our markets. This included physical, psychological, and economic harm. We are not responsible for any claims, actions, demands or suits that You may face as a result of Your conduct.

19. Insurance

You are responsible for providing your own insurance. The Colorado Makers Market does not offer vendors insurance.

20. Sales Tax

You are responsible for collecting and processing your own sales tax.

21. The Colorado Makers Market

Marketing activities In the course of marketing and promoting the Colorado Makers Market/s, we may wish to reproduce or refer to images of You, Your brand, Your space or Your products. In this event, we may ask You to provide us with various materials for the promotion on Your business including images of Your trade marks, photographs of Your goods and the like (Content). By supplying us with the Content, You grant us a non-exclusive, royalty free license to use the Content for the agreed purpose and warrant that the Content does not include any third party Intellectual Property Rights

22. Indemnity

You agree to indemnity us (and our agents, contractors and employees) against any cost, expenses, loss, damage or harm suffered by us

resulting from any claims, actions, demands or suits that may be made against us as a result of Your conduct including but not limited to any third party allegations of infringement of Intellectual Property Rights against You by any third party and public liability claims relating to Your Vendor Space.

23. Remedies

If You breach any of these Terms, we reserve the right to cancel Your booking for a Space, reallocate Your exhibition space, require You to pay the cost of our actions and remove You from the exhibition space of the market in question. You agree to indemnify us against any cost we incur arising from Your breach. You further agree that if You breach these Terms, You forfeit the right to any rebates, refunds or compensation arising from, amongst other things: cancellation of Space allocation, alteration of the position of Your Space allocation, alteration of se up time or change of size of the Space allocated to You

24. Dispute resolution procedure

We do not get directly involved with any disputes between Vendors including disputes relating to the Intellectual Property rights of others (Dispute). By participating in the markets You agree that the details of any such Disputes shall be Confidential Information for the duration of the market (with the exception of You seeking legal advice). Further, You must endeavor to resolve any disputes through Your own independent means with the other party, weather that be Vendors or otherwise. To avoid any disruptions to the market, if any disputes with other Vendors arise, we ask that You deal with these matters outside market hours. In the event of any disruption or if any Vendors become verbally abusive to others and the circumstances are not immediately rectified after notice has been give, we reserve the right to require You to pack Your Space and leave the premises. We are committed to encouraging a creative endeavor and original products and safeguarding Intellectual Property Rights. Should a dispute arise relating to products sold at our Spaces (or related marketing material), while we will not adjudicate in relation to that dispute, we reserve the right to request that a Vendor remove the products or items for sale which are in dispute from display and not trade with the products for the remainder of the marketing hours.

25. General

a) Interpretation In these Terms: I. Headings are for convenience only and do not affect interpretation II. Defined Terms have the meaning ascribed to them; III. A word denoting the singular number includes the plural number and vice versa. b) Relationship of the parties The Colorado Makers Market and Vendors are independent contracting parties, and nothing in the Terms will make either party the employee, partner, agent or legal representative of the other for any purpose whatsoever. Nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other. c) Assignment The rights and obligations arising under these Terms are personal to the Vendor. The Vendor must not assign, license, sub-license or transfer all or any part of the Vendors rights and obligations under the Terms without the prior written consent of the Colorado Makers Market. d) No implied waiver The failure of the Colorado Makers Market to require performance by You of any obligations arising under these Terms will in no way affect the right of the Colorado Makers Market to require such performances at any later time. If the Colorado Makers Market waives a breach by You of any obligation arising under these terms, such waiver will not constitute a waiver of any later breach of the same or any other obligation under these Terms. e) Severability If any provision of these Terms is or becomes invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, the invalid provision will be served from these Terms and the remaining Terms will remain in full force and effect.

f) Entire agreement These Terms and the Vendor’s Manual constitute the entire agreement between the parties with respect to its subject matter and supersedes all prior oral or written representations and agreements and the parties expressly agree that neither has relied on pre-contractual conduct or representations of the other party in entering into these Terms. g) Variation No alteration, modification, change or variation of any of these terms will be binding upon either party unless in writing and signed by a duly authorized representative of each party. Contact Details: If you have any further questions or feedback, you may contact us at any time.

(LAST UPDATED MAY 202021)