These are the latest terms and conditions. If you need access to a previous version of these terms, please contact email@example.com and we’ll try to help you out.
Adult Only: Items that are Adult Only shall be described as pornographic or sexual in nature or that meets criteria that would define the item as pornographic by applicable local, provincial, or federal law.
Event: Event shall be the gathering of Vendors, Vendor Agents, Patrons, Promoters, and Staff at the Venue. (Dates are unique to each Event for which you are agreeing to these terms.)
Minor: Minor shall be defined as a Patron who appears to be under the age of 25 and is unable to prove their age to be over 18 by means of government issued identification.
Offer: Offer shall be defined as any attempt to sell or distribute an item to a Patron regardless of the compensation or purchase price.
Patron: Patron shall be defined as those persons attending the Event for the purpose of purchasing items from Vendors.
Promoter: Promoter shall mean Silver Spear Holdings Corp.
Staff: Staff shall be defined as employees, contractors, volunteers, or other people who assist the Promoter.
Sublet: Sublet shall mean the partial or full use of a Vendor’s booth by a Vendor Agent who is usually compensating the Vendor for that use.
Theme: Items that fit the Theme shall be described as vintage, retro, mid-century modern, reclaimed, farm, antique, rustic, or similar as determined by the Promoter’s sole discretion. In general, if your application was approved it means your items do fit the theme and in most circumstances there will not be an issue if the items brought to the Event are similar in nature to the application.
Vendor: Vendor shall mean the singular person or company selling items at the event who is named on the contract and is responsible for payment.
Vendor Agents: Vendor Agents shall mean employees and/or partners who will be assisting the Vendor with move-in, move-out, and sales.
Venue: Venue shall mean the property on which the Event takes place. This may be the Cochrane and District Ag Society Barn, or any property adjacent to this property designated as a parking location, or any other property on which an Event takes place or is designated for parking.
Weapon: Weapon shall be defined as any item for sale that meets one of the following criteria: one whose primary use is to cause harm; any item identified as a weapon by local, provincial, or federal law; any item prohibited by local, provincial, or federal law; any item containing a sharpened edge whose primary use is to cut; any item capable of launching projectiles; any item indistinguishable from or intended to appear similar to items that meet any of these definitions.
Vendor will provide promoter payment in full before the announced deadline. This deadline will be provided (at least) over email. This payment is nonrefundable. Vendor is solely responsible for payment. Failure to provide payment by the deadline may lead to a spot not being held. Although it is customary to do so, there is no obligation to hold a spot even before the deadline.
Cancellation and Refund:
In the event of a Vendor cancellation no refund will be issued. The cancelling Vendor may choose to Sublet their booth, provided all terms of Subletting are followed.
Promoter reserves the right to cancel a Vendor’s membership with a full refund for any or no reason at strictly the Promoter’s discretion.
Vendors may choose to Sublet their booth with their Vendor Agents. Vendors are still fully responsible for the content of their booth regardless of if the items are being sold by the Vendor or the Vendor Agent. Payment is the responsibility of the Vendor even if the Vendor Agent has agreed to cover part of the Payment cost. Vendor agrees to be on-site unless approved by the Promoter.
All items Offered at the Event must fit the Theme of the Event as determined by the Promoter’s sole discretion. Vendors Offering items that do not fit the Theme or that violate any of the terms of Item Selection will be asked to remove those items from the Event.
Vendors shall not Offer Weapons without express written permission from the Promoter.
Vendors shall not Offer Weapons to Minors. Vendors are responsible for ensuring Patrons have the means to keep the weapon in a sealed container until they have left the Event as a condition of sale.
Vendors shall not Offer items that are considered to be “bootleg” or otherwise in violation of applicable local, provincial, or federal copyright and trademark law.
Vendors shall not Offer Adult Only items to Minors. Vendors shall be responsible for keeping Adult Only items bagged or otherwise covered such that the items are not visible to Minors. Vendors are responsible knowing which of their items are considered Adult Only and taking necessary steps to remain compliant.
Vendors shall not Offer food of any kind.
Vendors agree that they will not make a claim against, sue, or attach the property of the Promoter or any of their affiliated organizations. Vendors further hold harmless and indemnify the Promoter from any and all action, claims, compensation, or demands that they have past, present, and future for injury, loss or damage resulting from their participation in the Event or any liability arising from the Event.
Vendors assume and accept full responsibility for any and all damages incurred at the Event beyond that covered by the insurance policy taken out by the Promoter. In no circumstances shall the Promoter be responsible for any liability resulting from damages incurred regardless of insurance involvement.
Vendors agree that the Promoter and Venue are not responsible for theft or loss at the event. Vendors are responsible for securing their booth at all times the Venue is open to the public or to other Vendors.
The Venue is equipped with on-site security personnel 24-7 and security footage. Vendors experiencing loss and theft may contact the Venue’s security team to request assistance to identify and recover the loss. Participation in this endeavor is solely at the discretion of the Venue’s security team.
In no circumstances shall the Promoter or the Venue be responsible for compensating the Vendor in any manner for lost, stolen, or damaged items. Vendors agree to hold harmless and indemnify the Promoter and Venue from any and all damages or charges imposed for violations of any local, provincial, or federal ordinance, regulation or law by the Promoter or Venue or the Promoter’s or Venue’s failure to comply with the terms of this contract. Vendors further agree to hold harmless and indemnify the Promoter and Venue from any loss, cost, damage, liability, or expense which arises out of or from or by reason of any act or omission of the Vendor, Vendor Agents or Patrons.
In the event that any or all of the Venue is unavailable for any portion of the event (including its entirety) as a result of fire, flood, tempest, snow storm, or other such cause, or as a result of government intervention, malicious damage, acts of war, strike, labor disputes, riot, or any such cause it is necessary to cancel, postpone, or re-site the show, or reduce move-in time, exhibit time, move-out time, or any other change to the schedule or Event, the Vendor shall hold harmless and indemnify the Promoter and Venue with respect to any damage or loss, direct or indirect, arising as a result thereof. The Promoter shall have full power in the interpretation and enforcement of all contract regulations contained herein, and the power to make such amendments thereto, and such further rules and regulations as shall be considered necessary and proper. Vendors agree to be bound such necessary changes as a condition of continued participation in the Event, even insofar as those changes result in a financial impact to the Vendor. Vendors who do not agree to aforementioned necessary changes may withdraw from the Event but are not entitled to a refund.
Vendors agree to hold harmless and indemnify the Promoter and Venue any liability arising from the use of alcohol by Patrons, Vendors, the Promoter, or the Venue.
Vendors agree that the latest version of this agreement as determined by the Promoter represents the entirety of terms between the Vendor and Promoter. Vendors agree that all terms of this agreement are fully enforceable as determined by applicable local, provincial and federal law. Vendors further agree that any unenforceable terms do not nullify the remaining terms and that all terms deemed lawful and enforceable remain so irrespective of the nullified terms.
Vendors agree that this agreement applies to the date and times listed in Key Dates and Times and the scope of this agreement does not extend to future instances of Prairie Girls Market.
Regulations (Fire, Alcohol, Smoking, Cleanliness):
Vendors must clean and maintain their assigned areas before, during, and after the Event. Vendors are responsible for any damage caused by the Vendor or the Vendor’s Agents to the Venue.
Vendors are responsible for keeping their booth in compliance with applicable fire codes. Vendors agree to make necessary changes to their booth as directed by the Promoter or Venue to keep in compliance.
Vendors must not allow any part of their exhibit or debris to cover, obstruct, obscure, or impede any aisle, doorway, fire extinguisher, hose cabinet, fire exit, fire alarm or other safety device provided by the Promoter or Venue.
Acknowledging that alcohol is available for purchase from the Venue, Vendors agree to not permit Minors to obtain or consume alcohol even for purposes purely related to transportation thereof. Vendors further agree to keep an orderly level of sobriety during the Event.
Smoking is not permitted at the Event. A designated smoking area is provided by the Venue. Vendors agree that Vendors and their Vendor Agents will use the designate smoking area for all smoking and vaping.
Vendors agree to keep their booth tidy, free of debris, and professional looking. Vendors agree to address issues with their booth brought to their attention by the Promoter.
Vendors will be given two ribbons for themselves and an Agent. These ribbons identify who is allowed into the Venue without charge. Patrons without a ribbon will be required to wait until the public opening and pay their admission fee.
Vendors agree to be responsible for the collection and payment of GST in accordance with various requirements set by Revenue Canada. Vendors further agree to be responsible (and release the Promoter from all liability related to) having knowledge of which requirements apply to them and take appropriate actions to meet those requirements.
Vendors agree to be contacted via e-mail in accordance with Canada’s anti-spam regulations. This contact will be limited to the Promoter asking the Vendor questions about their participation in this Event; the Promoter asking the Vendor questions about their participation in future Events; the Promoter issuing a newsletter no more than once every 28 days; the Promoter issuing reminders about the upcoming Event no more than once a day during the 14 days prior to the start of the Event; the Promoter issuing reminders about the upcoming Event no more than three times a day during the 3 days prior to the start of the Event.