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Welcome to the Market on the Bayou

 

All Members will be Members of the Market on the Bayou (the "Market" or MOB). To participate in the Market, Members agree to the following terms and conditions:

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  1. Member will exercise the utmost care in the use of facilities and properties of MOB & Dickinson Economic Development Corporation.  

  2. Member must comply with the MOB Member Handbook.

  3. Member must comply with all applicable local, state, and federal laws and regulations, including without limitation labor laws.

  4. If Member initiates a legal action, arbitration, or other proceeding of any kind against MOB, Member's rights, and privileges of Membership in MOB and Member's right to vend at the Market will automatically be revoked until such proceeding has concluded.

  5. Member agrees to release and waiver of liability.

  6. If Member desires to erect canopies or umbrellas at the Market during the normal period of Market operation (which includes the set up and break down period), such canopies must be sufficiently and safely always weighted or anchored to the ground. If Member fails to properly anchor or secure the canopies, Member will not be allowed to sell at the Market on that market day, unless Member chooses to take down and stow away any canopies.

  7. If Member fails to comply with this Agreement or Member Handbook, MOB reserves the right to revoke Member's Membership. If Member's Membership is revoked, MOB will return Member's unused prepayments, and Member must promptly vacate the premises of the Market. Upon failure to so vacate, MOB is authorized to remove all property of Member from the premises at Member's expense. MOB is relieved and discharged from all losses or damage occasioned from such removal. MOB shall not be responsible for storage or safekeeping of property so removed.

  8. During the market season, Member must maintain in full force and effect general commercial liability insurance. The limits of such insurance will be not less than $1 million per occurrence and $2 million in the aggregate.  Member's insurance must name MOB as a primary additional insured and any other entities listed in the MOB Handbook. Member must submit certificates of such insurance policy to MOB upon MOB's request. Member's insurance shall require that MOB be afforded at least 30-days’ advance written notice in the event of any material change, expiration, cancellation, or termination thereof. Member is not an agent, representative or employee of MOB. Member does not have any authority to and will not represent MOB or the Market in any capacity or use MOB's or the Market's name in any news release, speech, website, or any form of communication without prior written explicit permission of MOB's board of directors.

  9. Member will indemnify and hold harmless the Dickinson Texas Chamber of Commerce, Dickinson Economic Development Corporation and the MOB and their respective officers, directors, employees, and agents for all claims, actions, judgments, losses, costs, attorney fees, and damages whatsoever ("Claims"), including Claims arising by reason of accident, injury, or death caused to persons or property of any kind, arising out of, in connection with, or incident to Member's participation in the Market arising out the setup of, sale or supply of any products presented at the Market by Member, or the acts or omission of Member or any of its employees or agents, except those Claims caused solely and directly by the negligence of MOB or the Dickinson Economic Development Corporation.

  10. Member agrees to, and hereby assumes, all liabilities and responsibilities, financial and otherwise, for Member's participation in and with the Market. In consideration of the services rendered by MOB, Member waives all claims, actions, or demands of any nature, foreseen or unforeseen, that Member may have against MOB. This Agreement is personal to Member and Member may not assign this agreement or any of its rights or obligations, in part or in full. Any such assignment by Member will be null and void.

  11. The validity, interpretation, and performance of this Agreement shall be governed by the laws of Texas, without regard to conflicts of laws principles.

  12. Any proceeding to enforce this Agreement or enjoin its breach is to be brought against any of the parties in a court located in Galveston County, Texas, and each of the party’s consents to the jurisdiction of such court (and of the appropriate appellate court) in any such action or proceeding and waives any objection to such venue.

  13. In the event of any litigation or other proceeding arising hereunder or between the parties, the prevailing party shall be entitled to recover attorney fees and other costs, including costs of appeal. For purposes of this agreement, "prevailing party" means the party that prevails (whether affirmatively or by means of a successful defense) with respect to claims having the greatest value or importance as reasonably determined by the arbitrator or court.

  14. Any Member challenging another Member's conduct or a product's legitimacy must file a written complaint with the Market Coordinator or his/her designee, giving the name of the Member and the product or situation they feel may not be following Market policies. The complainant must date and sign their name and the Market Coordinator or his/her designee will turn over all complaints to the Executive Director for a follow-up.

  15. The Market Coordinator, Executive Director, or his/her designee is responsible for enforcing the Member Rules. Members selling prohibited items will be asked to remove those items from sale or leave the Market. After 3 violations of Member rules, this will result in being banned from the Market with no reimbursement of fees paid.

  16. Member understands that Member is signing this Agreement as a part of the application process and unless and until MOB accepts Member's application, this Agreement is not binding on either party. When MOB accepts Member's application, this Agreement becomes binding on both Member and MOB and MOB will provide Member with a fully executed copy of this Agreement at the Member's request.

 

Member Rules

  1. Market Hours 10am – 2pm

  2. Mask are recommended, please be smart - your customer is wearing a mask you wear a mask.

  3. Hand sanitizer will be supplied at booth space.

  4. Check-in & Set-up start at 8am – 9am, set-up must be completed by 9:45am

  5. Breakdown starts at 2:15pm -3:30pm, lot must be vacated by 3:30pm

  6. 10’x10’ space is assigned weekly.

  7. Member provides:

    1. 1 tent with weights (at least 25lbs each leg)

    2. Chairs, Tables, and Tablecloths

    3. Signage & marketing materials

    4. Generators, power banks, fire extinguishers, equipment (cooking, refrigerators, coolers, etc.)

  8. Members will always maintain a clean space, take trash with you

    1. You leave a mess; you pay a $100 fee.

  9. If you are unable to attend the Market, email must be sent to staff by Thursday Before Market

  10. All Payments will be Electronic,

    1. due by 3rd Wednesday of Month

    2. Late Fee of $15 will be added if paid after midnight on the 3rd Wednesday.

    3. Invoices will be sent out the week prior to the Market.

  11. Members are responsible for collecting and remitting their own sales tax to the State, this includes paying sales taxes to the city of Dickinson (which needs to be added to your sales permit).

  12. Members must maintain all permits, licenses, and liability Insurance at all times.

  13. All Members are expected to maintain a professional demeanor towards patrons, other Members, and market personnel. Drug use, alcohol use, smoking, and vaping are not permitted.

  14. All State Required Certifications need to be display on the Right Front of Canopy or Table.

  15. All Members must carry their insurance, sales tax permit, food handler or managers certificate on them while attending the MOB.

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Vendor Handbook

All Contents must be read and Agreement Signed

In your application, you must be as transparent and detailed as possible about your operation's methods, ingredients, and philosophy.

We value honesty and a commitment to local, sustainable systems. We place priority on vendors who hold at least one of the following certifications: Certified Naturally Grown, Certified USDA Organic or Humane Certified. Please indicate if you hold a certification, and provide a copy of your most recent certificate with your application.

DFM conducts site visits to all grower operations. The vetting of applications is conducted by the entire Board of Directors at monthly Board meeting and depending on when you submit your application it may take up to 1 month to receive a final response.