Terms of service.
Malibu Farmers Market
Vendor Terms of Service, Rules & Regulations
PLEASE READ CAREFULLY. These Terms of Service (the “Terms”) govern participation by all farmers, vendors, exhibitors, nonprofit booths, sponsors, and their employees, agents, and representatives (collectively, “Vendors”) at the Malibu Farmers Market (the “Market”), operated by The Cornucopia Foundation (“Cornucopia,” “Market,” “we,” “us,” or “our”).
BY SUBMITTING AN APPLICATION, ACCEPTING A SPACE, PAYING ANY INVOICE, SETTING UP, OR PARTICIPATING IN ANY WAY IN THE MARKET, VENDOR ACKNOWLEDGES THAT VENDOR HAS READ, UNDERSTANDS, AND AGREES TO BE LEGALLY BOUND BY THESE TERMS, INCLUDING THE RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION, LIMITATION OF LIABILITY, AND BINDING ARBITRATION / CLASS ACTION WAIVER PROVISIONS IN SECTION XVII. NO HANDWRITTEN SIGNATURE IS REQUIRED — SUBMISSION OF AN APPLICATION OR ANY ACT OF PARTICIPATION CONSTITUTES VENDOR’S ELECTRONIC SIGNATURE AND BINDING ACCEPTANCE OF THESE TERMS.
IF VENDOR DOES NOT AGREE TO THESE TERMS, VENDOR MUST NOT APPLY, PAY, OR PARTICIPATE.
NOTICE OF ARBITRATION AND CLASS ACTION WAIVER. Section XVII contains a binding arbitration agreement and a class action waiver. By participating in the Market, Vendor agrees that disputes will be resolved by individual binding arbitration administered by JAMS in Los Angeles County, California, and Vendor waives the right to a jury trial and the right to participate in any class, collective, or representative action. Please read Section XVII carefully.
Billing / Fees / Invoicing Contact: All questions and inquiries regarding billing, fees, invoices, payments, and financial services must be directed to malibufarmersmarket@cornucopiafoundation.net.
Table of Contents
Section I — General Market Guidelines
Section II — Vendor Admission & Products
Section III — Operational Rules (Setup, Hours, Parking, Cleanup)
Section IV — Payments, Fees, and Billing
Section V — Vendor Payment Reporting & Internal Audit Policy
Section VI — Safety & Compliance
Section VII — Aesthetics, Booth Presentation & Required Attire
Section VIII — Malibu City Compliance (Bags / Styrofoam)
Section IX — Insurance, Certificates & Permits
Section X — Nonprofit / Religious Group Booths
Section XI — Communication & Conduct
Section XII — Enforcement, Penalties, and Termination
Section XIII — Website Terms of Use
Section XIV — Privacy, Data, and Consumer Disclosures
Section XV — Accessibility Statement
Section XVI — Visitor and Customer Terms
Section XVII — Legal: Release, Assumption of Risk, Indemnification, Limitation of Liability, and Arbitration
Section XVIII — General Legal Provisions
Section XIX — Vendor Acceptance by Application and Participation
Section I — General Market Guidelines
1. Changes to These Terms
The Market is a regulated, permitted operation. Rules and procedures may change due to safety needs, permitting requirements, operational improvements, or agency directives. Vendors are responsible for reviewing the Terms posted on our website regularly. Continued participation constitutes acceptance of all updates.
2. Vendor Relationship
Participation in the Market is a revocable privilege, not a right. Vendors must comply with all Market rules, applicable laws, and on-site instructions at all times.
3. Market Rights and Discretion
The Market reserves the right, in its sole and absolute discretion, to:
approve, deny, condition, suspend, or terminate participation;
assign or change booth placement;
restrict product categories or items offered for sale;
enforce compliance, safety, aesthetic, and operational standards; and
require any Vendor to leave the premises immediately when necessary to protect public safety, regulatory compliance, Market integrity, or operational flow.
Unless expressly stated otherwise in writing by the Market, all fees paid are non-refundable, including in the event of termination, suspension, no-shows, removal for rule violations, weather, or any other reason.
4. Pricing, Specials, and Fee Structure
The Market reserves the right to change pricing, rent, commission structures, introductory specials, and administrative fees at any time. Changes may be applied prospectively and/or as permitted by law and operational needs.
5. Rain or Shine
The Market operates weekly, rain or shine. If a Vendor is scheduled or accepted, attendance is expected — including on rainy days — unless the Market cancels the event or the Vendor receives written approval for an absence.
6. Attendance and No-Show Policy
No-shows are not prorated and do not reduce fees owed.
Failure to appear may result in loss of preferred placement and reassignment.
Failure to appear for two (2) or more consecutive weeks may result in loss of space and replacement by another Vendor.
If a Vendor has a reserved space and fails to arrive on time, the Market may offer that space to another approved Vendor at its sole discretion. If the space is reassigned due to late arrival or no-show, payment is forfeited.
7. Competition / Conflict of Interest
To protect Market stability, vendor mix, and community trust, Vendors agree to avoid activities that materially undermine or directly interfere with the Market’s operations.
To the extent permitted by law, while actively participating in the Malibu Farmers Market, Vendors agree not to participate in directly competing Malibu-based farmers market events occurring on the same day and time where such participation would create a conflict of interest or harm the Market’s operations. Any concerns must be disclosed to Market management in writing.
Violation may result in corrective action up to and including termination.
Section II — Vendor Admission & Products
1. Vendor Admission Policy
All farmers and vendors must be pre-approved to participate. Admission begins by completing the vendor application at www.malibufarmersmarket.net and submitting required materials, which may include (but are not limited to):
applicable permits, licenses, and certificates;
proof of liability insurance;
product photos and descriptions; and
non-refundable application and administrative fees (if applicable).
Submission of an application does not guarantee approval. Approval is based on Market standards, category needs, space availability, and overall fit. The Cornucopia Foundation may decline any application in its sole discretion.
2. Approved Products Only
Vendors may sell only items approved at the time of admission. To add products later, the Vendor must:
submit a written request by email to the Market; and
provide requested samples and/or documentation.
The Market aims to provide a decision within 2–3 business days, but timing may vary.
3. Certified Farmers / Producer Certificates
Farmers selling certified agricultural products must hold a valid producer’s certificate (as required) and comply with all County and State requirements.
Farmers may not sell any produce or product not listed on their producer’s certificate.
Penalty: A farmer caught selling non-listed items will be assessed a $50 fine, and the product may be held at the Cornucopia booth for the day and/or disposed of.
Repeated or serious violations may result in removal and/or indefinite exclusion.
4. Certified and Non-Certified Sections
The Market may include certified and non-certified sections. The Market Coordinator reserves the right to place Vendors in the appropriate section and to include or exclude Vendors in its sole discretion.
Section III — Operational Rules (Setup, Hours, Parking, Cleanup)
1. Market Hours and Manager Authority
Market hours are 10:00 AM – 3:00 PM. There is always at least one on-site market manager. Vendors agree to follow all manager instructions.
If a Vendor has a dispute with on-site management, a written complaint may be submitted to malibufarmersmarket@cornucopiafoundation.net. While a complaint is pending, the Vendor must continue cooperating with on-site management.
2. Arrival, Vehicles, and Parking
Vendors must arrive early enough to be fully set up before opening.
All vehicles must be moved by 9:30 AM. Failure to move a vehicle by 9:30 AM may result in a $50 fine.
If a vehicle does not fit behind the tent, it must be parked as directed (including the Malibu Library parking lot when required).
Prepared food and arts & crafts Vendors may be required to drop equipment and then park offsite or near the library as directed.
3. Check-In / Sign-In
Sign-in time is 8:15 AM (unless otherwise directed by management).
Arriving after sign-in time may result in a $10 late fee.
Vendors must check in at the designated location (e.g., the “purple tent”) as directed.
4. Prepared Food Inspection Requirements
Prepared food Vendors must be ready for inspection (including proper sink setup) by 9:00 AM. Vendors may arrive as early as 7:00 AM if needed.
A sink not set up properly or broken may result in a $100 penalty and/or removal until corrected.
5. Load Sheets and Breakdown
Vendors must complete required load sheets and submit them by 3:15 PM.
Failure to submit load sheets on time may result in a $10 penalty.
6. Departure Time
Vendors must be fully off the premises by 4:30 PM.
Failure to depart by 4:30 PM may result in a $25 penalty.
7. Cleanup and Trash
Vendors must leave their booth area in the same condition as it was at setup, or better.
Vendors must sweep and remove all trash, samples, debris, toothpicks, flower petals, leaves, and other waste.
Vendors must bring their own broom, dustpan, and trash container.
Failure to remove trash may result in a $50 non-refundable fine.
If the City of Malibu fines the Market for litter and the source is attributable to a Vendor, that Vendor will be responsible for reimbursement of the fine and may face additional penalties.
8. Compliance with Laws / Fines
Vendors must comply with all applicable Local, County, State, and Federal rules, including those of the Department of Agriculture, Health Department, Fire Department, and City.
The Market does not pay Vendor fines.
If the Market is fined due to a Vendor’s violation, the Vendor is responsible for full reimbursement and may be terminated.
Section IV — Payments, Fees, and Billing
Billing Contact: malibufarmersmarket@cornucopiafoundation.net
Primary Payment Processor: Stripe. Backup Payment Processor: Square Up.
1. Payment Platform
Payment is accepted only through the Market’s designated payment processor (currently Stripe), with Square Up retained as a backup processor. Payments are not accepted on-site at the Market.
Upon acceptance, Vendors receive invoices through Stripe (or Square Up, as applicable). Vendors are prompted to add a credit card to be securely stored by the processor and charged automatically as described on invoices and/or the billing schedule.
The Market does not store or access full credit card information. All card data is handled by the payment processor in accordance with PCI-DSS standards. Vendors are responsible for maintaining valid payment methods and sufficient funds.
Stripe and Square typically accept debit cards, Visa, Mastercard, American Express, and Discover (and other card types as supported by the processor). Vendors’ use of these processors is also subject to the processor’s own terms of service and privacy policy, which Vendor agrees to upon providing payment information.
The Market reserves the right to change, add, or remove payment processors at any time. Vendors will be notified of any change in primary processor and may be required to provide updated payment information.
2. Card on File / Processing Fees
Vendors must maintain a current card on file. Failure to keep valid payment details may result in administrative or processing fees, interest charges, and/or loss of space.
3. Flat Fees vs. Commission
The Market may charge:
a flat fee;
a commission on sales; or
whichever is greater (if applicable to a category),
as determined by the Market in its sole discretion. If a flat fee is implemented in place of commission for a category, the Market will provide notice as reasonably practicable.
4. Card on File Authorization; Assessed Charges
Vendor agrees to maintain a valid credit/debit card or other approved payment method on file with the Market’s designated payment processor (Stripe or, as backup, Square Up) at all times while participating. Vendor authorizes the Market to charge the payment method on file for amounts due under this Agreement and published Market rules, including:
weekly space/booth fees;
approved add-ons;
late fees;
returned payment fees;
reasonable administrative and processing charges related to follow-up on missing documentation or noncompliance; and
reasonable costs resulting from Vendor’s actions or omissions, such as damage, required clean-up, or replacement of Market property.
When feasible, the Market will provide electronic notice describing the charge before processing it. If Vendor believes a charge was made in error, Vendor must notify the Market in writing within seventy-two (72) hours of the notice or charge date (whichever is earlier) and provide supporting information. The Market will review timely disputes in good faith. This authorization is continuing and remains in effect until Vendor’s account is closed and all outstanding balances are paid in full.
5. Monthly Rental / Minimums
Rental fees are generally billed monthly with a 4-week minimum.
Some months include 5 Sundays; fees may be adjusted accordingly.
New Vendors who begin mid-month may be billed for the remaining weeks of that month plus the following month’s minimum (as applicable).
All rental fees paid are non-refundable and may not be rolled over to future dates unless expressly approved in writing by the Market.
6. No-Show Fees
If a Vendor fails to attend when scheduled, the Vendor will still be charged the applicable rent/fee for that date. Notifying the office mid-week does not automatically waive a no-show fee unless the Market grants written approval.
7. Late Payment, Interest, and Non-Payment
Payment is due as stated on the invoice.
If payment is not received in full by the due date, the Market may impose interest and late charges, including 10% interest as described in the invoice and these Terms.
If payment is not received, the Market may assume the Vendor is not attending and may rent the space to another vendor.
If the first Market date of the month falls before the 6th, rent may be due by 12:00 noon on the Thursday prior (as stated in the invoice or written notice).
8. Suspension for Non-Payment / Pre-Pay Requirement
After non-payment:
the Vendor may be suspended until payment is made in full; and/or
the Vendor may be required to pre-pay before being permitted to return.
Payment must be received prior to market day as directed (not on-site). Space assignment after reinstatement is subject to availability and may not be the prior space.
9. Refunds (If Approved)
If a refund is requested and approved in writing by the Market, a $10 processing fee may be deducted, and card processing fees are typically not refundable.
10. Nonprofit Booth Fees
Nonprofit booth (non-selling): $50 with the Vendor’s own setup (unless otherwise approved).
Optional rental package (tent/tables/tablecloths) may be offered at $100 (if available and approved).
11. CDFA Certificate Fee (Certified Farmers Only)
Certified farmers agree to pay $0.60 per certificate per market for the CDFA fund, collected weekly or through prepayments as applicable. The Market remits these funds as required.
Section V — Vendor Payment Reporting & Internal Audit Policy
To ensure accuracy, fairness, and consistency across all participating Vendors, the Market requires truthful disclosure of all accepted payment methods and accurate reporting of gross sales when commission-based fees apply.
The Market conducts internal audits and random spot checks as part of its standard operating procedures to verify reported sales figures, confirm consistency between disclosed payment methods and actual transactions, and ensure that commissions owed to the Market are calculated and paid correctly.
1. Scope of Audits
Audits may include, but are not limited to:
on-site observations and spot checks;
verification of transaction and payment methods in use;
review of up to three (3) months of past point-of-sale summaries or daily reports; and/or
follow-up requests for supporting documentation.
Audits may occur without prior notice during Market hours. Where a records review is needed outside Market hours, the Market may request access to relevant books and records upon reasonable notice (including 48 hours’ notice when applicable).
2. Consequences of Misrepresentation
Any misrepresentation, underreporting, or failure to accurately disclose payment methods or sales activity may result in corrective action, including:
adjustments to commissions owed;
administrative penalties (including up to 10% of the underpaid amount when underpayment is confirmed);
temporary suspension; and/or
removal from the Market.
These procedures protect Market integrity, ensure equitable treatment of all Vendors, and uphold trust with our community.
Section VI — Safety & Compliance
1. Tent Weights / Anchoring
Due to City of Malibu regulations and public safety:
Vendors must have approved weights and anchors available at the Market.
Regular inspections may be conducted.
Weights must be sufficient to secure each tent leg/pole as required.
Failure to comply may result in:
Offense
Penalty
First violation
$25 penalty
Second violation
$50 penalty
Third violation
Removal from the Market (due to safety risk)
2. Sampling Requirements
Vendors offering samples must use sneeze guards and comply with all Health Department regulations.
3. Liquid Waste Disposal
Liquid waste must be disposed of only in designated areas prior to departure. A memo or map may be requested from the Market manager.
4. Animals / Pets
Vendors may not bring pets to the Market. Health Department rules apply.
Service animals are allowed for customers only, as required by law.
Vendors must not serve food to customers at the booth while a non-service animal is present at the booth.
Violations may result in removal. If the Market is penalized or closed due to Vendor noncompliance, the Vendor may be responsible for related penalties and losses.
Section VII — Aesthetics, Booth Presentation & Required Attire
1. Tablecloths — Coverage
Tablecloths must cover table legs; the cloth should sit approximately 1" above the ground.
Offense
Penalty
First violation
$25
Second violation
$75
Third violation
May result in removal
2. Required Tablecloth Color (When Applicable)
Farmers, prepared foods, preserved foods, and crafts must use dark green / hunter green solid-color tablecloths.
Offense
Penalty
First offense
$25
Second offense
$50
3. Tents and Backdrops
White tents are required.
Tents must not be torn, heavily scuffed, or structurally bent or unsafe. Vendors may be asked to leave to maintain standards and safety.
Vendors must have a white backdrop (when required) to conceal vehicles or trucks.
Offense
Penalty
First offense
$25
Second offense
$50
4. Product Boundaries
Prepackaged foods and crafts must keep all products within the bounds of their tent.
5. Signage / Banners
Advertising is permitted on back-wall tent banners only (as directed by the Market).
Banners must be approximately 2 feet high, with length based on tent count (e.g., 2′ x 10′ for one tent; 2′ x 20′ for two tents; etc.).
Vendors may select their own printer or provider.
6. Required Market T-Shirt and Hoodie (Cold Weather)
All Vendors and Vendor staff are required to wear the official Malibu Farmers Market T-shirt while operating within the Market footprint, including during setup, Market hours, and breakdown.
Vendors must put on the required Market T-shirt immediately upon arrival and before beginning setup or engaging in Market operations. The Market T-shirt is required only while within the permitted Market area and is not required outside the Market footprint.
During cold or inclement weather, if a Vendor or Vendor staff member wears an outer layer (including but not limited to hoodies, sweatshirts, jackets, or coats) while operating, the outer layer must be an official Malibu Farmers Market hoodie.
Vendors are required to purchase and maintain both the official Malibu Farmers Market T-shirt and hoodie for use as required. When the T-shirt and hoodie are purchased together, a bundled pricing discount may be offered at the Market’s discretion. No discount applies when items are purchased separately.
Official Malibu Farmers Market T-shirts and hoodies are available for purchase on-site.
Enforcement: Vendors who arrive without required attire, fail to comply, remove required attire while operating, or refuse to purchase required attire when applicable may be denied setup, required to suspend operations, or removed from the Market for the day. This policy is strictly enforced. Failure to comply may result in corrective action, penalties, suspension, or termination of participation, as determined by the Market in its sole discretion.
Section VIII — Malibu City Compliance (Bags / Styrofoam)
No plastic bags or styrofoam are allowed due to Malibu City laws.
Vendors must use paper bags only for customer bags.
City inspectors may issue fines (commonly $100 for first offense and $200 for second offense; amounts may change).
If the Market is fined due to Vendor noncompliance, the Market may fine the Vendor (including up to $200) and may impose additional corrective action.
Section IX — Insurance, Certificates & Permits
1. Required Insurance
Vendors must carry required insurance coverage as specified in the Market’s insurance requirements and/or the applicable rental agreement (including, where applicable, commercial general liability, product liability, and workers’ compensation as required by law). Proof of insurance must be provided after acceptance and before participation.
2. Additional Insured
Upon acceptance, Vendors must add the required additional insured as specified by the Market. Proof must be emailed to malibufarmersmarket@cornucopiafoundation.net.
3. Seller’s Permit (Craft Vendors / When Applicable)
It is the Vendor’s responsibility to obtain any required seller’s permit, send a copy to malibufarmersmarket@cornucopiafoundation.net, and display it at the booth as required.
4. Missing or Unsubmitted Documents
If documents are requested and not provided: $50 processing fee for first offense.
A second request may result in doubled fees and/or removal from the Market.
5. Expired Documents
When any required documents expire, Vendors must email updated documents promptly. Failure to do so may result in a $25 processing fee.
Section X — Nonprofit / Religious Group Booths
Nonprofit booths are non-selling unless otherwise approved in writing.
Rules include:
Petition sheets must remain at the booth (no walking petitions).
Nonprofits must stay behind their booth and may only engage visitors who approach the booth.
No walking up or down aisles to solicit.
No music.
No religious rituals on site.
Booth presentation requirements may include: white tent, white or hunter green backdrop, and hunter green tablecloth to the floor.
A sign may be posted stating: “Cornucopia is neither for nor against this.”
Violations may result in closure of the booth and removal from the Market.
Section XI — Communication & Conduct
1. Professional Conduct
Vendors must behave respectfully toward customers, other vendors, staff, and the public. Harassment, threats, intoxication, discrimination, or disruptive behavior may result in immediate removal.
2. Communications with Staff
To maintain safety and operational flow, Vendors may not interfere with or obstruct Cornucopia Foundation staff during Market operations. All operational communications, requests, and issues must be directed to the on-site market manager or through official email channels.
3. Recording
To avoid miscommunication and to protect operational integrity, Vendors and/or Vendor employees may be recorded during Market operations where permitted by law.
Section XII — Enforcement, Penalties, and Termination
1. Notices and Corrective Action
The Market may issue warnings, penalties, corrective instructions, suspension, reassignment, or termination based on the severity and frequency of violations.
2. Termination / Removal
The Market reserves the right to terminate participation and/or require a Vendor to leave the premises immediately when deemed necessary for safety, compliance, Market integrity, or operational needs. Termination may occur with or without prior notice depending on circumstances.
3. Vendor Date Tracking
Vendors are responsible for tracking their committed dates. If the management office is required to look up dates due to Vendor failure to maintain records, a $25 processing fee may apply.
Section XIII — Website Terms of Use
These Terms also govern Vendor’s use of the Market’s website at www.malibufarmersmarket.net and any related subdomains, applications, or online services operated by the Market (collectively, the “Site”). By accessing or using the Site, Vendor and any other user (“User”) agrees to this Section XIII.
1. Eligibility
The Site is intended for users who are at least 18 years of age. By using the Site, User represents and warrants that User is at least 18 years old and has the legal capacity to enter into a binding agreement.
2. Account Security
If the Site permits creation of vendor accounts or password-protected areas, User is responsible for maintaining the confidentiality of login credentials and for all activity occurring under the account. User must notify the Market immediately of any unauthorized access. The Market is not liable for any loss arising from unauthorized account access caused in whole or in part by User’s failure to maintain credential security.
3. Acceptable Use
User agrees not to:
use the Site for any unlawful purpose or in violation of any applicable law;
submit false, misleading, or fraudulent information through any application, form, or communication;
upload, post, or transmit any content that is defamatory, obscene, harassing, threatening, infringing, or otherwise objectionable;
interfere with or disrupt the Site, its servers, or networks (including by introducing viruses, malware, denial-of-service attacks, or excessive automated requests);
attempt to gain unauthorized access to any portion of the Site, other accounts, or related systems;
scrape, harvest, or use automated means to collect data from the Site without prior written permission;
use the Site to send spam, unsolicited communications, or commercial solicitations;
reverse engineer, decompile, or disassemble any portion of the Site; or
impersonate any person or entity or misrepresent affiliation with any person or entity.
4. Intellectual Property
All content on the Site — including text, graphics, logos, images, photographs, video, audio, software, design, and the “Malibu Farmers Market” and “Cornucopia Foundation” names and marks — is the property of the Market, the Cornucopia Foundation, or their licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. Users are granted a limited, revocable, non-exclusive, non-transferable license to access and view the Site for personal, non-commercial use only. No other right or license is granted, and any other use requires prior written permission.
5. User-Submitted Content
If User submits any content to the Site (including applications, photos, descriptions, comments, or messages) (“User Content”), User grants the Market a perpetual, irrevocable, royalty-free, worldwide, sublicensable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the Market’s operations, marketing, and promotional activities, in any media now known or later developed. User represents and warrants that User owns or has the necessary rights to all User Content submitted, and that the User Content does not infringe or violate any third-party right.
6. DMCA / Copyright Infringement Notices
The Market respects intellectual property rights. If you believe content on the Site infringes your copyright, please send a written notice to malibufarmersmarket@cornucopiafoundation.net containing the following information required by 17 U.S.C. § 512(c)(3):
a physical or electronic signature of the copyright owner or authorized agent;
identification of the copyrighted work claimed to have been infringed;
identification of the allegedly infringing material and its location on the Site;
contact information (address, telephone number, email);
a statement of good-faith belief that the use is not authorized; and
a statement, under penalty of perjury, that the information is accurate and that the notifier is authorized to act.
The Market may remove allegedly infringing content and terminate access for repeat infringers.
7. Third-Party Links and Services
The Site may contain links to third-party websites or services (including the Market’s payment processors). The Market does not control and is not responsible for the content, policies, or practices of any third-party site or service. Use of third-party sites is at User’s own risk and subject to those sites’ terms.
8. Site Availability and Modifications
The Market does not guarantee that the Site will be available, error-free, secure, or uninterrupted. The Market may modify, suspend, or discontinue the Site (or any portion or feature) at any time without notice and without liability.
9. Termination of Access
The Market may suspend or terminate any User’s access to the Site at any time, with or without notice, for any reason, including violation of these Terms.
10. Disclaimer of Warranties (Site)
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OPERATION.
Section XIV — Privacy, Data, and Consumer Disclosures
1. Privacy Policy
The Market’s collection, use, and disclosure of personal information through the Site and Market operations is described in the Market’s Privacy Policy, available at www.malibufarmersmarket.net. By using the Site or participating in the Market, Vendor and User consent to the data practices described in the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.
2. Cookies and Tracking
The Site may use cookies, pixels, analytics tools, and similar technologies to operate the Site, analyze traffic, and improve user experience. By using the Site, User consents to the use of these technologies as described in the Privacy Policy. Users may control cookies through browser settings; disabling cookies may limit Site functionality.
3. California Consumer Rights (CCPA/CPRA)
California residents may have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know, delete, correct, and opt out of the sale or sharing of personal information. To exercise these rights, contact the Market at malibufarmersmarket@cornucopiafoundation.net. Additional details are provided in the Privacy Policy.
4. California Civil Code § 1789.3 Notice
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following consumer-rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
5. Photography, Recording, and Likeness Release
By entering the Market premises or attending any Market event, all visitors, customers, vendors, and their guests acknowledge that the Market premises are open to the public and that photographs, video, and audio recordings may be captured by the Market, its staff, contractors, media partners, sponsors, or other attendees.
By entering the Market or using the Site, each person grants the Market a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to use such photographs, video, audio, and likenesses for promotional, marketing, editorial, educational, archival, and operational purposes in any media now known or later developed, without further notice, compensation, or consent. This release covers Vendors, Vendor staff, customers, visitors, and any minors accompanied by an adult who consents on their behalf. Anyone who does not wish to be photographed should notify Market staff or refrain from entering the premises.
Section XV — Accessibility Statement
The Market is committed to providing a Site and Market experience that is accessible to all users, including individuals with disabilities. The Market endeavors to follow generally recognized accessibility standards (such as the Web Content Accessibility Guidelines, WCAG 2.1 Level AA) as a goal, although full compliance may not be achieved at all times.
If you experience any difficulty accessing any part of the Site or have suggestions for improvement, please contact the Market at malibufarmersmarket@cornucopiafoundation.net so that we may make reasonable efforts to address the issue. The Market welcomes feedback and will work in good faith to provide accessible alternatives where feasible.
Reasonable accommodations for in-person Market participation may also be requested by contacting the Market in advance.
Section XVI — Visitor and Customer Terms
In addition to terms applicable to Vendors, the following terms apply to all visitors, customers, browsers, and members of the public who access the Site or attend the Market (“Visitors”):
1. Acceptance
By accessing the Site or entering the Market premises, Visitor agrees to be bound by these Terms to the extent applicable to Visitor, including the Site terms in Section XIII, the privacy and likeness provisions in Section XIV, the legal protections in Section XVII (Release, Assumption of Risk, Limitation of Liability, and Arbitration), and the general legal provisions in Section XVIII.
2. Conduct on Premises
Visitors must comply with all posted rules, applicable laws, and instructions from Market staff. The Market reserves the right to remove any Visitor who engages in disruptive, unsafe, harassing, intoxicated, or unlawful behavior.
3. Assumption of Risk
Visitors enter the Market and use the Site at their own risk. The Market is not responsible for personal injury, illness, allergic reaction, theft, loss, or property damage occurring on the premises or in connection with products purchased from Vendors. Disputes regarding products purchased from Vendors are between the Visitor and the Vendor.
4. Application of Legal Provisions
The release, assumption of risk, indemnification, limitation of liability, arbitration, class action waiver, and jury trial waiver provisions in Section XVII apply to Visitors with the same force as they apply to Vendors, with references to “Vendor” understood to include Visitors as context requires.
Section XVII — Legal: Release, Assumption of Risk, Indemnification, Limitation of Liability, and Arbitration
READ THIS SECTION CAREFULLY. IT AFFECTS VENDOR’S LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT AND THE RIGHT TO A JURY TRIAL. BY PARTICIPATING IN THE MARKET, VENDOR AGREES TO THESE PROVISIONS.
1. Independent Contractor; No Partnership
Vendor is an independent contractor. Nothing in these Terms creates any partnership, joint venture, agency, employment, franchise, or fiduciary relationship between Vendor and the Market. Vendor has no authority to bind the Market in any manner.
2. Assumption of Risk
Vendor acknowledges and agrees that participation in an outdoor farmers market involves inherent and unavoidable risks, including but not limited to:
slips, trips, falls, and other accidents on uneven, wet, or crowded surfaces;
weather conditions, including rain, wind, heat, sun exposure, lightning, and related hazards;
interactions with customers, other vendors, vehicles, equipment, animals (including service animals), and the general public;
theft, vandalism, loss of, or damage to Vendor’s property, products, money, equipment, vehicles, or inventory;
personal injury, illness, or death arising out of foodborne illness, allergic reactions, contamination, equipment failure, or any other cause;
loss of sales, business interruption, or other economic loss arising from cancellation, weather, attendance, force majeure, or any operational decision; and
any other risks ordinarily associated with operating a booth at a public outdoor event.
Vendor knowingly, voluntarily, and expressly assumes all such risks, whether known or unknown, foreseeable or unforeseeable, and agrees that the Market is not responsible for them. Vendor is solely responsible for the safety of Vendor, Vendor’s employees, agents, products, equipment, and property at all times.
3. Release and Waiver of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, Vendor, on behalf of Vendor and Vendor’s heirs, executors, administrators, successors, assigns, employees, agents, contractors, and representatives (collectively, the “Releasing Parties”), hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE The Cornucopia Foundation, the Malibu Farmers Market, and each of their respective officers, directors, employees, volunteers, agents, contractors, sponsors, affiliates, landlords, the City of Malibu, and all other persons or entities acting on their behalf (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, suits, damages, losses, costs, expenses, and liabilities of every kind whatsoever, whether known or unknown, foreseen or unforeseen, that the Releasing Parties may now have or hereafter accrue arising out of or related in any way to:
Vendor’s application, acceptance, denial, suspension, or termination;
Vendor’s participation in or presence at the Market or any related activity;
any product sold, sampled, displayed, or distributed by Vendor;
any act, omission, or alleged negligence of the Released Parties;
any property damage, personal injury, illness, or death of any person, including Vendor;
any loss of, theft of, or damage to Vendor’s property, equipment, vehicles, money, or inventory;
any lost profits, lost sales, business interruption, or other economic loss;
any decision regarding booth placement, product approval, fees, audits, attire, or rule enforcement;
any cancellation, modification, postponement, or relocation of the Market for any reason; or
any force majeure event.
This release covers claims based on the ordinary negligence of the Released Parties. It does not release the Released Parties from claims arising out of their gross negligence, willful misconduct, fraud, or any other liability that may not be released or waived under applicable law (including California Civil Code § 1668).
4. Express Waiver of California Civil Code § 1542
Vendor expressly waives, to the fullest extent permitted by law, the protections of California Civil Code Section 1542 and any similar law of any other jurisdiction. Section 1542 reads:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Vendor understands the significance of this waiver and acknowledges that this release applies to all claims, including unknown and unsuspected claims.
5. Indemnification
To the fullest extent permitted by law, Vendor shall defend, indemnify, and hold harmless the Released Parties from and against any and all third-party claims, demands, actions, lawsuits, government investigations, fines, penalties, judgments, settlements, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees, expert fees, and court costs) arising out of or relating to:
Vendor’s acts, omissions, negligence, recklessness, or willful misconduct;
Vendor’s employees, agents, contractors, family members, or invitees;
any product or service sold, sampled, displayed, or provided by Vendor (including foodborne illness, allergic reaction, contamination, mislabeling, or product defect);
Vendor’s violation of any law, ordinance, regulation, permit, or these Terms;
Vendor’s infringement of any intellectual property, publicity, or privacy right of any third party;
any fine, penalty, or enforcement action imposed on the Market, City of Malibu, or any agency where the conduct giving rise to the fine is attributable in whole or in part to Vendor; and
any injury, illness, death, or property damage caused by or arising in connection with Vendor’s participation.
Vendor’s indemnification obligations survive termination of participation and these Terms.
6. Insurance Requirement; Additional Insured
Without limiting Vendor’s indemnification obligations, Vendor shall maintain at Vendor’s expense the insurance coverages required by the Market, naming The Cornucopia Foundation and any other persons or entities designated by the Market as additional insureds on a primary and non-contributory basis. Vendor’s insurance is the primary source of recovery for any claim within its scope; the Released Parties’ insurance, if any, is excess and non-contributing.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) No Consequential Damages. In no event shall the Released Parties be liable to Vendor or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost business opportunity, loss of goodwill, or business interruption, even if advised of the possibility of such damages and regardless of the theory of liability.
(b) Cap on Direct Damages. The Released Parties’ aggregate liability to Vendor for any and all claims arising out of or relating to these Terms or Vendor’s participation, regardless of the form of action, shall not exceed the total fees actually paid by Vendor to the Market during the three (3) months immediately preceding the event giving rise to the claim.
(c) Essential Basis. Vendor acknowledges that these limitations are an essential part of the bargain between the parties, that the Market would not permit Vendor’s participation in the absence of these limitations, and that they shall apply even if any limited remedy is found to have failed of its essential purpose.
8. Force Majeure
The Market shall not be liable for any failure or delay in performance, or for any cancellation, suspension, relocation, or modification of the Market, due to causes beyond its reasonable control, including but not limited to: acts of God; weather; fire; flood; earthquake; pandemic, epidemic, or public health emergency; quarantine; war; terrorism; civil unrest; strikes or labor disputes; utility failures; government orders, permits, or directives; or any other force majeure event. Fees paid for any affected date are non-refundable unless the Market, in writing, elects otherwise.
9. No Guarantee of Sales or Attendance
The Market makes no representation, warranty, or guarantee regarding customer attendance, sales volume, vendor mix, weather, parking, security, or revenue. Vendor accepts all such variables as part of the ordinary risks of operating a market booth.
10. Property; No Bailment
Vendor’s property remains at Vendor’s sole risk at all times. No bailment is created. The Market is not responsible for security of, theft of, vandalism to, or damage to Vendor’s property, products, vehicles, equipment, cash, or other valuables.
11. Publicity License
Vendor grants the Market a royalty-free, perpetual, non-exclusive, worldwide license to use Vendor’s business name, logo, photographs of Vendor’s booth and products, and recordings or images of Vendor and Vendor’s staff captured during Market operations, for the Market’s promotional, educational, and operational purposes.
12. Governing Law; Venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the binding arbitration provision below, the exclusive venue for any judicial proceeding permitted under these Terms shall be the state or federal courts located in Los Angeles County, California, and Vendor consents to personal jurisdiction and venue in those courts.
13. Binding Arbitration; Class Action Waiver; Jury Trial Waiver
PLEASE READ CAREFULLY — THIS PROVISION REQUIRES BINDING ARBITRATION OF DISPUTES AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
(a) Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms, the Market, Vendor’s participation, or the relationship between Vendor and the Released Parties (a “Dispute”), shall be resolved exclusively by final and binding arbitration administered by JAMS in Los Angeles, California, under the JAMS Streamlined Arbitration Rules then in effect (or, if the amount in controversy exceeds the streamlined threshold, the JAMS Comprehensive Arbitration Rules). The arbitrator shall be a retired judge or attorney with experience in commercial and contract matters. The Federal Arbitration Act governs the interpretation and enforcement of this provision.
(b) Class Action Waiver. All Disputes must be brought on an individual basis only. Vendor expressly waives the right to participate as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
(c) Jury Trial Waiver. VENDOR AND THE MARKET KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE MARKET, TO THE FULLEST EXTENT PERMITTED BY LAW.
(d) Exceptions. Either party may (i) seek injunctive or other equitable relief in court to protect intellectual property, confidential information, or to enforce the Market’s on-site safety rules; (ii) bring an individual claim in small-claims court for matters within that court’s jurisdiction; and (iii) pursue collection of unpaid fees through any lawful means.
(e) Costs and Fees. Each party shall bear its own attorneys’ fees and costs, except (i) as required by JAMS rules or applicable law and (ii) as provided in Section XVII.14 below.
(f) Severability of this Provision. If the class action waiver in Section XVII.13(b) is found unenforceable as to any claim or remedy, that claim or remedy (and only that claim or remedy) shall proceed in a court of competent jurisdiction, and the remaining Disputes shall continue in arbitration. If any other portion of this arbitration provision is found unenforceable, the remainder shall remain in effect.
14. Attorneys’ Fees in Collections and Defense
In any action or proceeding (including arbitration) to (a) collect amounts owed by Vendor, (b) enforce the Market’s rights under these Terms, or (c) defend the Released Parties against any claim, action, or demand brought by or on behalf of Vendor that is dismissed, denied, withdrawn, or resolved in favor of the Released Parties, the Market shall be entitled to recover its reasonable attorneys’ fees, expert fees, and costs.
15. Statute of Limitations
To the fullest extent permitted by law, any claim arising out of or relating to these Terms, the Market, or Vendor’s participation must be filed within one (1) year after the claim arose, or it shall be permanently barred.
16. No Class or Representative Actions; Individual Capacity Only
Vendor agrees to assert any claim solely in Vendor’s individual capacity, not as a representative or on behalf of any other person or entity, and not on a class, collective, consolidated, or private attorney general basis.
17. Survival
Sections XVII (Release, Assumption of Risk, Indemnification, Limitation of Liability, Arbitration), XVIII (General Legal Provisions), and any payment obligations or accrued rights shall survive the termination or expiration of Vendor’s participation and of these Terms.
Section XVIII — General Legal Provisions
1. Entire Agreement
These Terms, together with the Vendor’s application, any executed addenda, the Market’s insurance requirements, and any invoices or written notices issued by the Market, constitute the entire agreement between Vendor and the Market regarding Vendor’s participation, and supersede all prior or contemporaneous understandings or agreements, whether oral or written.
2. Amendments
The Market may amend these Terms at any time by posting an updated version on its website or providing written notice. Continued participation after the effective date of any amendment constitutes acceptance of the amended Terms.
3. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed. The remaining provisions shall remain in full force and effect.
4. No Waiver
No failure or delay by the Market in exercising any right under these Terms shall operate as a waiver. No waiver of any breach shall be deemed a waiver of any other or subsequent breach.
5. Assignment
Vendor may not assign or transfer any right or obligation under these Terms without the Market’s prior written consent. The Market may freely assign these Terms. These Terms bind and benefit the parties’ permitted successors and assigns.
6. Notices
Notices to the Market shall be sent to malibufarmersmarket@cornucopiafoundation.net. Notices to Vendor shall be sent to the email address provided in the Vendor’s application or invoice account. Notices are effective upon sending.
7. Headings; Construction
Headings are for convenience only and do not affect interpretation. The words “include” and “including” are not limiting. These Terms shall be construed fairly according to their terms and not for or against any party.
8. Electronic Acceptance
Vendor agrees that submission of an application, payment of an invoice, on-site setup, or any other act of participation constitutes a valid and binding electronic signature and acceptance for purposes of these Terms under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. § 7001 et seq.) and the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.). The parties expressly waive any requirement of a handwritten or wet signature. Electronic records maintained by the Market shall be admissible as evidence of these Terms and Vendor’s acceptance to the same extent as a paper original.
Section XIX — Vendor Acceptance by Application and Participation
READ THIS SECTION CAREFULLY. IT EXPLAINS HOW VENDOR ACCEPTS THESE TERMS AND WAIVES IMPORTANT LEGAL RIGHTS WITHOUT A WET SIGNATURE.
1. Methods of Acceptance
Vendor manifests assent to and is legally bound by these Terms upon the earliest of any of the following:
submitting a vendor application to the Market (online, by email, or otherwise), with or without checking an acceptance box;
receiving notice of acceptance and not withdrawing in writing within forty-eight (48) hours;
paying any invoice issued by the Market;
providing a credit or debit card to be kept on file with the Market’s payment processor;
submitting any required permit, certificate, insurance certificate, or additional-insured endorsement;
arriving at the Market footprint to set up a booth;
operating a booth, displaying products, or making any sale at the Market; or
any other act demonstrating intent to participate in the Market.
Each of the foregoing constitutes Vendor’s electronic signature and binding acceptance of these Terms in their entirety, including without limitation Section XVII (Release of Liability, Assumption of Risk, Indemnification, Limitation of Liability, Binding Arbitration, Class Action Waiver, and Jury Trial Waiver), under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. § 7001 et seq.) and the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.). No handwritten or wet signature is required.
2. Conspicuous Notice and Opportunity to Review
These Terms are made available to every applicant prior to or at the time of application via the Market’s website (www.malibufarmersmarket.net), the application form, and/or by email. Vendor acknowledges that:
Vendor has been provided with a clear and conspicuous opportunity to read these Terms in full before applying or paying;
Vendor has been given the opportunity to consult with an attorney of Vendor’s choosing before applying or paying;
Vendor is not required to apply or participate, and may decline to do so without obligation; and
Vendor’s decision to apply, pay, or participate is voluntary, knowing, and informed.
3. Specific Acknowledgments Deemed Made
By any act of acceptance described in Section XIX.1, Vendor is deemed to have made each of the following acknowledgments and agreements:
Vendor has READ these Terms in full, including Section XVII (Release, Assumption of Risk, Indemnification, Limitation of Liability, and Arbitration);
Vendor UNDERSTANDS these Terms and has had the opportunity to ask questions and to consult with an attorney;
Vendor AGREES to be legally bound by these Terms and by any future amendments posted on the Market’s website or otherwise issued by the Market;
Vendor KNOWINGLY AND VOLUNTARILY WAIVES the right to a jury trial and the right to participate in any class, collective, consolidated, representative, or private attorney general action, and agrees to resolve disputes by individual binding arbitration as set forth in Section XVII;
Vendor ASSUMES THE RISKS of participating in an outdoor public market and RELEASES the Released Parties from claims of ordinary negligence to the fullest extent permitted by law;
Vendor EXPRESSLY WAIVES the protections of California Civil Code § 1542 as set forth in Section XVII.4;
The individual submitting the application or otherwise accepting these Terms REPRESENTS AND WARRANTS that they are at least 18 years of age and have full legal authority to bind Vendor (including any business entity, partnership, sole proprietorship, or other organization) to these Terms;
If Vendor is a business entity, the entity is duly formed and in good standing in its jurisdiction of formation; and
Vendor will ensure that all of Vendor’s employees, agents, contractors, family members, and invitees comply with these Terms while at the Market and will be bound by the release and indemnification provisions herein.
4. Continuing Acceptance
Vendor’s acceptance of these Terms is continuing. Each subsequent act of participation (including each Market day attended, each invoice paid, and each season renewed) reaffirms Vendor’s agreement to the then-current version of the Terms posted on the Market’s website.
5. Record of Acceptance
The Market maintains records of vendor applications, payments, attendance, and electronic communications. These records constitute conclusive evidence of Vendor’s acceptance of these Terms and may be used in any judicial or arbitral proceeding to establish the existence and terms of the agreement between Vendor and the Market.
6. No Withdrawal of Acceptance After Participation
Once Vendor has set up a booth, sold any product, or otherwise participated in the Market, Vendor may not later disclaim or rescind acceptance of these Terms with respect to that participation or any prior participation. Vendor’s sole remedy if Vendor does not agree to these Terms is to refrain from applying, paying, or participating.
End of Vendor Terms of Service, Rules & Regulations.