Terms of service.
For all questions and inquiries related to billing, fees, invoices and financial services please email cornucopiabookkeeping@gmail.com
SECTION I GENERAL MARKET GUIDELINES:
I. Introduction
Welcome to our Farmers Market. Our terms and conditions are intended to ensure a smooth, safe, and fair experience for all participants. It is incumbent on all vendors to familiarize themselves with these rules, as they are subject to change.
II. Vendor Agreement
As a vendor, you agree that:
Policy and Rules Acknowledgement: You must review the policy and rules on our website regularly. It's important to note that these rules are subject to change without prior notice.
Pricing and Specials: We reserve the right to change our prices and any introductory specials at any moment.
Vendor Termination: We reserve the right to terminate any vendor agreement without obligation for a refund.
No-Show Policy: If vendors do not show up, the cost will not be prorated.
1. Applicability: These terms of service apply to all vendors ("Vendors") participating in the Malibu Farmers Market ("Market").
2. Non-Competition: Vendors agree not to participate in any competing farmers market within the County of Los Angeles, Malibu or a 25-mile radius of the Market. Participation in such competing markets is deemed a conflict of interest and is strictly prohibited.
3. Compliance: By agreeing to these terms, Vendors commit to uphold the integrity and community spirit of the Malibu Farmers Market and refrain from engaging in activities that directly compete with or undermine the Market's operations.
4. Enforcement: Violation of these terms may result in immediate termination of the Vendor's participation in the Malibu Farmers Market.
By participating in the Malibu Farmers Market, Vendors acknowledge they have read, understood, and agreed to comply with these terms of service.
III. Operational Regulations
To ensure orderly operations:
Weight Requirements: Due to the City of Malibu regulations, all vendors must have weights in their vehicle at all times. Regular inspections will be carried out, and non-compliance may result in penalties or suspension from the market.
Serving Hours: Vendors must cease serving by 1:45 PM. This ensures that the load sheets can be handed in by 2:00 PM.
Departure Time: Vendors must be off the premises by 3:30 PM, as per our permit guidelines.
IV. Payment & Fees
Card On File: Vendors must maintain a current card on file. Failure to do so may result in an additional processing fee.
Payment Changes: Vendors must promptly report any changes to their card details.
Flat Rate Payment: Some vendors may be subject to a flat rate payment at a potentially higher price.
V. Market Rights
We reserve the right to ask any vendor to leave the premises at any time. This decision will be made in the best interest of the market and its participants.
By participating as a vendor at our Farmers Market, you accept and agree to abide by these terms of service. We thank you for your cooperation and look forward to a successful partnership.
These rules are in effect for all farmers/vendors attending our Farmers Market. By initialing each rule and signing this document, you are signifying that you understand the rules and are agreeing to abide by the rules.
When you attend our Farmers Market, you must follow the laws and regulations of the appropriate Local County, State and/or Federal authorities. The Cornucopia Foundation and its officers and members do not condone any violation of laws even if purported to be done because of or in the interest of the market. For example, farmers/vendors must not block handicapped cut-outs on sidewalks, must not interfere with fire codes or violate traffic laws while setting up or for the duration of the market. All fines and penalties are fix-it tickets and fully refundable once incident has been rectified, with the exception of leaving any litter around or in assigned booth space number. If City of Malibu fines Malibu Farmer’s Market for littering, vendor who left litter will be fined. Late fees: Vendor’s cars parking on parking lot at different hours could potentially cause catastrophic accidents.
OUR MARKET IS HELD WEEKLY, RAIN OR SHINE. If you have been accepted to a market, your attendance is expected and required, even on rainy days.
If you do not show at a market you are scheduled for, you may lose your regular space in the market and be moved to a less desirable space. If you do not show up for two consecutive weeks or more, you may lose your space and be replaced by another farmer/vendor to attend any and all markets in your place.
If there is a no-show to a market, walk-ins will be allowed to attend on a first come, first serve basis providing they meet the standards and criteria outlined in our materials. Walk-ins will be placed 40 minutes before the market opens. PLEASE NOTE: THIS MEANS IF YOU HAVE PRE-RESERVED A SPACE, IT MIGHT BE GIVEN AWAY IF YOU HAVE NOT ARRIVED 60 MINUTES BEFORE THE MARKET OPENS, IN WHICH CASE YOUR PAYMENT WILL BE FORFEITED
To ensure that our Malibu Farmers’ Market continues to thrive, we request that you refrain from selling your products anywhere in Malibu. Our Farmers’ Market non-compete policy applies to all farmers and vendors. It restricts the distribution of goods outside of the farmers market. If found in violation of this policy, you may be asked to leave the Malibu Farmers’ Market and your contract may be terminated.
It is your sole obligation to comply with the rules and regulations of the Department of Agriculture, the Department of Health and the Fire Department and any other government agencies having jurisdiction over the Farmers Market, the farmer/vendor, and the Cornucopia Foundation. The market will not pay fines for violations by the farmer/vendor. Therefore, if the market is fined for a violation you committed, you will be obligated to pay the fine or otherwise be subject to termination from the market.
The market manager reserves the right to exclude any vendor from selling items that are not approved at the time of admission to the Farmers Market. If the vendor wishes to sell any additional products in the future, a written request must be sent via email to the Cornucopia Foundation, and a sample must be left at the Cornucopia Booth. The vendor will receive a decision within 2-3 business days.
A vendor may not hire, socialize during market or communicate via any method or in person with any Cornucopia Foundation employee. If found in violation, vendor may be asked to leave without refund. All communications should be directed to the manager.
Any farmers product must be certified by the Los Angeles Agricultural Department.
10.Farmers are not permitted to sell any produce/product not listed on their producer’s certificate. If a farmer is caught selling a produce/product not listed on their producer’s certificate, they will receive a $50.00 fine, and the non-permitted produce/product will be brought to the Cornucopia Booth for the rest of the day or thrown out. Additionally, the market manager reserves the right to request a farmer to leave the market indefinitely for selling non-permitted produce/product.
11.The Farmers Market is a Certified Farmers Market with a Non-Certified Section. The Farmers Market may contain the following products: Non-Certifiable Agricultural Products (example: jam or juice made from fruit the farmer grew), Non-Agricultural Products (example: bakery goods), Agricultural Products (example: flowers) and Certified Agricultural Products (example: potatoes). The Certified and Non-Certified Sections of the Farmers Market are clearly delineated and characterized by signage (i.e., Certified Section and Non-Certified Section). The Market Coordinator of Cornucopia Foundation (the Market Coordinator) reserves the right to include or exclude, in its sole discretion, any farmer/vendor as appropriate in or from the Farmers Market and/or any Certified or Non-Certified Section thereof.
12.All farmers and vendors must be pre-approved by the Cornucopia Foundation to participate in the Farmers Market. Admission to the Farmers Market is obtained by filling out an application which can be obtained at www.malibufarmersmarket.net. In addition, you must provide all necessary and required permits, proof of insurance, pictures, and application fees. Once these materials have been received, and if you are approved and if there is space in the market, you will be notified and given a date on which to start.
13.NO PLASTIC BAGS OR STYROFOAM ARE ALLOWED AT THE MARKET DUE TO MALIBU CITY LAWS. All vendors must ONLY use paper bags for customer bags. The Malibu city inspector will fine you $100 for the first offense and $200 for the second offense. As each fine applies to the Cornucopia Foundation as well, we reserve the right to fine you $200 if you do not comply with this city code.
14.All vendors must obtain anchors for their booths. Anchors must be purchased from Our certified weight vendor. We will order them for you.
15.All vendors are required to use hunter green polyester tablecloths at their booths. An example of such tablecloth can be found here.
SECTION II INSURANCE, CERTIFICATES & PERMITS :
All farmers and vendors must carry the following insurance: General Commercial Liability, Comprehensive Bodily Injury, Property Damage, Fire, Product Liability and Workers Compensation insurance as per our insurance requirements before being placed in a market. Please refer to FARMERS MARKET BOOTH CONCESSION RENTAL AGREEMENT for our insurance requirements. Proof of insurance must be sent to our office once you are accepted and before you can participate in the Farmers Market. Upon acceptance to the Farmers Market, the following additional insured must be added to your insurance policy: Cornucopia Malibu Farmers’ Market. Have your insurance broker e-mail Cornucopia (cornucopiabookkeeping@gmail.com) with proof that we are added as Additional Insured.
The following is an insurance company that can provide you with insurance: Hayes Insurance Agency (800) 869-8643 (contact: Jim Butz)
*For craft vendors: It is your sole responsibility to obtain a seller’s permit for the sale of your products, send a copy of such seller’s permit to cornucopiabookkeeping@gmail.com and post a copy at your booth each week.
If these documents are not scanned and sent in via email, when requested, you will be charged a processing fee of $50 for the first offense. The second time the documents are requested, the fine will be doubled or you will be asked to leave the market.
EXPIRED DOCUMENTS
2.1. NOTE ABOUT EXPIRED DOCUMENTS: When any of your documents expire, it is your responsibility to email The Cornucopia Foundation your updated documents. Failure to do so will result in a $25 processing fee.
SECTION III MARKET OPERATIONS:
There is always at least one on-site market manager at each market. Farmers/vendors who are scheduled to attend agree to follow the market manager’s instructions while participating in the market. If there is a disagreement or altercation with a market manager, a complaint may be made in writing to thecornucopiafoundation@gmail.com describing such disagreement or altercation. While such complaint is pending, the farmer/vendor shall be required to cooperate at all times with the on-site manager during the operation of the market.
The Farmers Market designated hours of operation are 10am-3pm and farmers/vendors who participate must arrive early to set up in time for the opening of the market and must not leave the premises prior to market closing of the market. All cars must be moved by 9:30am. Failure to move your car on time will result in a $50 fine. If a car or truck does not fit behind the tent, it must be parked in the Malibu Library Parking Lot adjacent to the Farmers Market parking lot.
All vendors may be asked to park their cars/trucks in a separate parking lot depending on size of automobile and if there is room at the market.
Vendors for the prepared food / arts and craft section can’t park behind their tents, must drop-off’s equipment and park near the library (refer to picture below)
Sign in at the market will be at 8:15am not before nor after. If you are later than 8:15, a $10 late fee will be issued. Please go to the purple tent. There the FM Assistant will show you your tent location as well as where to park your vehicle after you drop of your tent and supplies.
All prepared vendors must be ready for complete inspection including your sink by 9:00am. Prepared food vendors may arrive as early as 7:00am to make sure they are ready by 9:00am. It is a $100 penalty for having sink not set up properly or broken.
Each vendor is responsible for completely cleaning his or her work area at the Farmers Market. The area must be left in the exact same condition or better than the start. (The city and the retail stores are watching very carefully to see that we clean up the street and put it back to its original condition!) This means you must sweep and completely clean your area of all trash, toothpicks, samples, flower petals, leaves and debris that may be left over in and around the booth space. (FAILURE TO DO SO MAY RESULT IN DISMISSAL FROM THE MARKET. Please bring your own broom, dustpan and small garbage container to dispose of your own trash.)
Farmers/vendors must remove any and all trash from the premises that they have accumulated during the Farmers Market. Failure to comply will result to a $50.00 non-refundable fine.
Vendors must have load sheets completed and handed to farmers’ market manager assistant not before nor after 3:15 p.m. If the manager assistant has not received your completed load sheet by this time, you will be charged a penalty fee of $10
10.Vendors must be off the premises by 4:30pm. Failure to do so will result in a penalty of $25
11.Any or all contact information (email addresses, etc.) received from customers at the Malibu Farmers’ Market must be given to The Cornucopia Foundation as well. This contact information will only be used by The Cornucopia Foundation, and will only be used to favor the Malibu Farmers’ Market. Failure to pass along this contact information gives the Market Manager permission to ask you to leave the market immediately.
The number of unreserved spaces and other limitations of the market. Period of attendance time and limitations of type and quantity of product allowed may condition admission of a producer.
Any producer aggrieved by the manager’s decision may appeal for review by the Director of the Association as outlined in section VII. A decision by the Director shall, as to this organization, be final.
SECTION IV MARKET FEES: (For all Market Fee questions email cornucopiabookkeeping@gmail.com)
We reserve the right to charge, in our sole discretion, a flat fee rather than a percentage commission of sales. If we determine to implement this for our Farmers Market, we will notify you ahead of time.
Rental fees are paid in month-to-month basis. All rental fees paid are non-refundable and will not be returned if you do not attend a market. Rental fee paid may not be applied to future dates.
You will be charged your correct space rent (no-show fee) if you fail to attend when you are scheduled. Calling or emailing the office mid-week to say you are not coming does not absolve you of the no-show fee.
Arts and crafts vendors pay $125 per booth per week, or 10%, whichever is greater each week.
Rental fees are paid monthly, with a 4-week minimum. Some months have 5 weeks, and the fees will be adjusted accordingly. If you are a new vendor, and start in the middle of a month with only 2 weeks remaining, you will pay for those two weeks, as well as the 4 or 5 weeks of the following month. In this instance, you would be paying for 6 or 7 weeks depending on the number of Sundays in the following month.
If a refund is requested and approved, a processing fee of $10.00 will be deducted from the total refund amount. Please note that the card processing fee will also be forfeited and not included in the refund.
Nonprofit booth: $50.00 for one nonprofit, non-selling booth.
10.From time to time, the Rules and Regulations will change, due to the needs of a growing market, and the policies and regulations placed on Cornucopia by the multiple permitting agencies for the farmers market, such as the Public Health Dept., Agriculture Dept., City of Malibu, and County of Los Angeles.
11.Payment will only be accepted through SQUARE UP, not at the market.
Upon being accepted to Malibu Farmer’s Market, all new and existing vendors will receive invoices from Cornucopia Foundation Malibu Farmer’s Market THROUGH Square Up. Once receiving your first invoice from Square Up, you will prompted to add a credit card to be saved and debited automatically of on the 1st of each month. If you remove the credit card or your credit card is declined you will be charged a 10% interest charge. All credit card information is secure and saved on Square Up. The Cornucopia Foundation Malibu Farmer’s Market does not have access to your credit card information and is the vendor’s responsibility to ensure there are funds available each month for your rent to be automatically deducted from your Square Up profile. Square up accepts Debit Cards, Visa, Mastercard and preloaded cash cards.
Late Fees:
Payment is expected upon the provision of services/receipt of invoice. If we do not receive payment in full on your invoice on the first of the month, a 10% interest charge will be imposed on your unpaid balance the following day. Payment Due upon receipt of invoice; Interest at 10% per month after following day.
If you do not pay, we will assume you are not attending and the space may be rented to someone else at our sole discretion. There is a waiting list for our market, so the space will be filled as soon as we note the non-payment. Your payment for the next month must be received in full no later than the 3rd of the month. If you do not pay by the third of the month, you will be charged a $50 processing fee. If the first market of the month falls before the 6th of the month, then rent will be due by 12:00 noon the Thursday prior to it.
12.After a non-payment, you will not be permitted back into the market until you pre-pay. The fee must be received at our office prior to the market, not at the market. Once we receive payment, if there is available space, you will be assigned a space that week, but we cannot guarantee it will be the same space you previously had. If the market is full, you will be so informed and will be put on a waiting list for that market.
13.Once you pre-pay to reserve a space, attendance is expected. There will be no roll-overs or cancellations or refunds of any fees. If you cannot attend the market for any reason, the payment will not be refunded.
14. If a vendor or farmer does not show up on market day without prior notice, they must let the market manager know by the following Wednesday if they will be attending the following market or they will be removed from the tent assignment sheet and will lose their spot at the Malibu Farmer’s Market.
15.All farmers/vendors are subject to an audit of their daily gross sales by the market manager or its designee to verify the accuracy of the reported sales in any given week or month, as applicable. All farmers/vendors shall keep and maintain all appropriate books and records necessary for verification that the proper payments of fees have been paid. Upon 48 hour’s notice to the farmer/vendor, such farmer/vendor shall give the market manager or its designee full access, during normal business hours, to such farmer/vendor’s books and records for the purpose of verifying the accuracy of the reported gross sales and the amounts paid as fees. Any underpayment found will be remedied by the farmer/vendor within five (5) days of such an audit and shall be subject to a fine of up to ten percent (10%) of the amount of underpayment. The market manager shall also have the right, in his sole and absolute judgment, to dismiss any farmer/vendor from the market if such farmer/vendor is found to have intentionally misreported its gross sales.
16.*For certified farmers only: Certified Farmers agree to pay 60 cents for the California Department of Food and Agriculture (CDFA) fund for each certificate at each market weekly. This fee will be collected at the close of every market or paid in the monthly or weekly pre-payments, as applicable. The market will total these payments each quarter and remit the payments to the CDFA.
SECTION V SAFETY GUIDELINES:
All farmers and vendors who offer food samples to customers must use sneeze guards that comply with the Health Department regulations. (The Health Department’s phone number is 310-665-8450.) You can find examples of sneeze guards here, and we highly encourage you to browse the options to find the best deal for you.
Liquid waste must be properly disposed of in the designated area in the market prior to leaving the market each week. (A memo and map outlining the liquid waste station for the market is available from the market manager upon request.)
If you do not bring weights from our certified weight vendor, you will be charged a $25 penalty. If there is a second violation, the penalty charge increases to $50. Upon the third violation, you will be asked to leave the market since you are endangering customers and other vendors. All farmers and vendors must provide weights from our certified weight vendor on each pole of tent to prevent it from being lifted up or blown over by high winds.
Farmers and vendors are not allowed to bring pets to the Malibu Farmers Market. If a customer comes to the booth with a pet, it is the responsibility of the farmer/vendor to tell them that they will not be served as long as the pet is at the booth; unless they can have proved a proper document stating that their pet is a Service Animal. This violation is against the Board of Health Department and the Malibu Farmers Market could be closed down. If farmer/vendor fails to uphold this rule, farmer/vendor will be asked to leave and will not be able to come back to the Malibu Farmers Market for the rest of the season without reimbursement. If the animal is seen at farmer/vendor booth while the Board of Health is present and the market is closed because of the violation, farmer/vendor will pay for all penalties given to the Malibu Farmers Market from the Board of Health, and any money that the Malibu Farmers Market lost from being closed.
SECTION VI AESTHETICS:
Farmers must have tablecloths that touch the ground. The legs of the table cannot be exposed. Table cloth should sit 1″ above the ground. The first violation will be a penalty charge of $25.00. The second violation will be a penalty charge of $75.00. Upon the third violation, you will be asked to leave the market. If you would like table leg extenders to raise the table, they can be found at bed bath and beyond.
Farmers, prepared foods, preserved foods, and crafts must have dark green solid color tablecloths. If you do not have hunter green tablecloths, the penalty fee is $25 for the first offense, and $50 for the second offense. An example of such tablecloth can be found here.
All Vendors Must have White Tents. Farmers, prepared foods, preserved foods, and crafts cannot show up at the market with torn, scuffed, or bent tents. There will be no penalty charges for violation, you will just be asked to leave the market.
Prepackaged foods and crafts cannot have any product outside the bounds of their tent. Anything you are selling must be within your tent.
Vendors must have a white backdrop for their tent spaces to hide their truck. If you do not have a backdrop, the penalty fee is $25 for the first offense, and $50 for the second offense.
The back-wall tent banners are the only areas where you are permitted to advertise your company name at our farmers market. Banners must be 2 ft. in width, and a certain length depending on the number of tents (2′ x 10′ for one tent, 2′ x 20′ for two tents, 2′ x 30′ for three tents, etc. etc.). We suggest GotPrint for banners, but you are not obliged to use them.
Non-profits are to stay behind their booth, pass out literature, talk to people (if they go up to their booth)
10.This applies to all non-profits—churches and synagogues fall into this category
11.There will be a sign placed on the booth saying “Cornucopia is neither for or against this”
12.If anyone violates these policies, they will be asked to please close their tent and leave the market
SECTION VII NON-PROFIT/RELIGIOUS GROUPS BOOTHS:
Nonprofit booths are non-selling.
If any nonprofit booth vendor has a petition, the petition sheet must stay at the booth. There are no walking petitions.
Nonprofit booth vendors must supply a tent, a white or hunter green backdrop, and a hunter green tablecloth that reaches the floor.
Nonprofit vendors pay $50 per booth with your own set up.
Nonprofit vendors can opt to rent the tent and tables/tablecloths from the Cornucopia Foundation at $100 per booth.
There are to be no religious rituals on site.
No music
No walking up and down aisles
Non-profits are to stay behind their booth, pass out literature, talk to people (if they go up to their booth)
10.This applies to all non-profits—churches and synagogues fall into this category
11.There will be a sign placed on the booth saying “Cornucopia is neither for or against this”
12.If anyone violates these policies, they will be asked to please close their tent and leave the market
SECTION VIII CONCLUSION: Terms and Conditions
You will be given written notice of any violations of these rules by the market manager or Market Coordinator. Failure to comply with these rules may result in dismissal or suspension from the market. It is in the sole judgment of the Market Coordinator to decide which action will be taken after reviewing written reports of violations.
The Cornucopia Foundation and its designated agents shall implement and enforce all rules and regulations in a fair and equitable manner. Please note that to avoid any miscommunication any vendor or vendor employees may be recorded during the market operations.
3. I understand that I must keep a record of the dates I have committed to, or a $25.00 processing fee will be charged if the management office has to look up my dates for me.
4. Pursuant to the terms and conditions of the Malibu Farmers Market, The Malibu Market reserves the right to terminate any vendor's participation at any time, without notice or reason. The Malibu Farmers Market may request that the vendor leave the premises immediately, without prior warning.