Appendix A

TEXAS TRADE DAYS FARMER’S MARKET

MEMBER RENTAL AGREEMENT AND POLICY

1. COMMERCIAL REAL ESTATE LEASE AGREEMENT: Commercial tenant (Member) acknowledges they are submitting a commercial real estate rental application, agreement and policy (Agreement) and rental payment to KM Parker Enterprises LLC, DBA Texas Trade Days Farmer’s Market (Farmer’s Market) for the date(s) selected by the Member on the Texas Trade Days Farmer’s Market application. This Agreement only covers the leased space, and applicable services required for the leased space. The Farmer’s Market reserves the right to update this Agreement in accordance with the Farmer’s Market bylaws. Members will receive a PDF copy of the Agreement upon their online submission of this Agreement to the Farmer’s Market.

2. LICENSE HOLDER DISCLOSURE: The Texas Administrative Code 535.144 (known as Texas Real Estate Commission Rules) requires a license holder acting on their own behalf while engaging in a real estate transaction to disclose that they are a license holder to the other party before entering into a rental agreement. DISCLOSURE: KM Parker Enterprises LLC is a business entity licensed to conduct real estate brokerage activities in Texas. Kristen Page is a Texas real estate broker license holder authorized to conduct real estate brokerage activities on behalf of the Farmer’s Market.

3. APPLICABILITY: This Agreement applies to all rental spaces the Member leases from the Farmer’s Market for 2025. Vendor is required to sign a new 2025 Texas Trade Days Farmer's Market (TXTDFM) Member Rental Agreement & Policy upon any changes made to this Agreement. This Agreement is only applicable to the Farmer’s Market. Unauthorized use, in whole or in part, by another is strictly prohibited and may be punishable by law.

4. COMPENSATION: Members agree to the payment they made for the rental space type Member selected on the TXTDFM online, PDF, or in-person application to which this Agreement is attached. Members must also submit payment for their application to be processed. Compensation to the Farmer’s Market is based on a price per square foot charged by the Venue, and includes additional services required to lease space, payment processing fees, market operating expenses, and any discounts that may be applied.

5. ACCEPTANCE: The Farmer’s Market will provide the Member with notice of acceptance of this Agreement in writing through the Farmer’s Market website and/or the email address provided to the Farmer’s Market by the Member in this Agreement.

6. SIGNATURES ACCEPTED: The Farmer’s Market accepts digital signatures for online Agreements and original signatures for paper Agreements of the Member.

7. COMPANY FILINGS, PERMITS, CERTIFICATION & ASSOCIATION: The Farmer’s Market maintains the following, in addition to the above licensing, in relation to the operations of the Company:

  • Limited Liability Company & DBAs – Texas Secretary of State

  • Copyrights Reserved – U.S. Copyright Office

  • Texas Trademark – Texas Secretary of State

  • Texas Sales and Use Tax Permit - Texas Comptroller of Public Accounts

  • Farm and Ranch Freedom Alliance Member

  • Additional filings may be added to this section without voting, notice, and Member signature of acceptance.

8. VENUE OCCUPANCY: The Farmer’s Market leases and occupies property with the written permission of all property owners through commercial real estate lease agreements. The Farmer’s Market is responsible for adhering to property owner (Venue) rules and ensuring compliance from members. All Farmer’s Market inquiries are handled by the Farmer’s Market Manager. Anyone wishing to confirm lease agreements can contact the Venue at the location(s) in which the market takes place. Dates, Times, Locations are subject to change at the discretion of the Venue and/or the Farmer’s Market.

9. MARKET DATES & AVAILABILITY: The Farmer’s Market schedules market dates and times that are in the best interests of the Farmer’s Market and the communities it serves. Schedules are announced when available and are released at its discretion. Market dates, times and locations are subject to change.

10. WEATHER CONDITIONS: Texas Trade Days Farmer’s Markets are rain or shine. Be prepared for all types of weather. Abide by the suggestions made by the Farmer’s Markets. Repeated health and safety risks (even during a single market) may result in the Member prohibited from continuing their participation in the current market.

11. SERVICE DOGS & PETS:

Service dogs: The Farmer’s Market complies with the Americans with Disabilities Act (ADA) regarding the use of service dogs in connection with a disability by Members; (1) the dog must be a service animal required because of a disability and (2) the dog must have been trained to perform work or a task related to the disability.

Service dogs must be well cared for at the market with plenty of shade, warmth, water, food and breaks as required by the animal. If the Member requires the use of a service dog, the Member must ensure the safety of their service dog at all times.

Pets: The Farmer’s Market prohibits Members from bringing their pets to the market. If Member needs to bring their pets with them because of traveling, the Member is recommended to make arrangements with local boarding facilities. All exotic animals are prohibited.

12. GIFT ACCEPTANCE: The Farmer’s Market does not accept gifts of any type from Members. The Farmer’s Market does not accept gifts in lieu of monetary payment for rental spaces. Any gifts left for the Farmer’s Market by the Member at the market are donated to a local charity or food bank/pantry.

13. AGE REQUIREMENTS: Members must be 18 years of age or older to lease rental spaces at Texas Trade Days Farmer’s Markets. Minors under the age of 18 must be accompanied by a parent or legal guardian whose name the Agreement must be submitted.

14. TEXAS FARM, RANCH, COTTAGE FOOD, CANNING, & HONEY MEMBERS ONLY:

All Members must comply with the applicable local, state and federal laws regarding the handling, preparation and sales of their consumable products. All Farmer’s Market Members must be Texas-based, as well as grow, raise and produce goods on land owned, leased or licensed by the Member in Texas.

The Texas Trade Days Farmer’s Market Board reserves the right to appoint a person to inspect any farm or establishment with advance notice, as often as needed throughout the year. Inspections will be made only with the Member or his/her representative present unless otherwise permitted by the Member in writing. Members must provide any help necessary to thoroughly document products and conditions recorded at the inspection. The Member will be notified in writing of the results of the inspection within 10 days of the inspection. 

Exceptions: In cases where only the Farmer’s Market is legally permitted to operate, the Farmer’s Market may accept vendors who sell non-consumable goods to meet the immediate needs of the community. Vendors must apply for Membership in order to be approved to sell at TXTDFM markets. Members who sell non-consumable goods may only sell at markets designated for them. At no time will the percentage of non-consumable goods exceed 30% of the total market Member approved applications for each market location and date.

VENDOR PRODUCT REQUIREMENTS:

Vendor merchandise: All merchandise and products intended to be sold or distributed at TXTDFM markets must be listed on the application. The Farmer’s Market reserves the right to prohibit the sale or distribution of any merchandise or product at any time. Members are required to leave at home or immediately remove prohibited merchandise and products from the market upon instruction by the Farmer’s Market and/or the Venue whether verbally or in writing.

Preferred Merchandise:

  • Clothing

  • Personal care (soap, lotions, etc.)

  • Pet care (soap, bedding)

  • Candles

  • Functional carpentry (chairs, tables, temporary shelter)

  • Resale items deemed a necessity are approved on a case-by-case basis based on the needs of the community.

Merchandise Accepted: All merchandise must be made or produced in Texas and should strive to meet the Go Texan program requirements for non-agricultural products which "are produced, grown, manufactured or value-added in the State of Texas."

Other non-consumable agriculture products requirements are:

"Leather, textile, or apparel products approved by the department as being:

(A) composed of 50% or greater natural fibers derived from crops or livestock grown or raised within the State of Texas, the identity of the fibers having been preserved throughout processing so as to be verifiable by satisfactory documentation as having originated in Texas; or
(B) composed of 50% or greater natural fibers, regardless of where grown or raised, which have been processed into leather, textile, or apparel products within the State of Texas in a manner which substantially changes their form, and, if composed of natural fibers derived from crops or livestock grown or raised outside the State of Texas, the natural fibers must be of a type commercially produced within the State of Texas;"

  • Non-agriculture Go Texan products (preference given)

  • Products made with all natural materials (preference given)

  • Woodworking

  • Carpenters

  • Blacksmithing (metal work)

  • Pottery

  • Glasswork

  • Candlemakers

  • Soap makers

  • Home Decor

  • Clothing Boutiques

  • Crochet

  • Technology Design

  • Animal friendly items

  • Skincare and Cosmetics

  • MLM/Direct Sales Representatives (limited)

  • Other merchandise accepted on a case-by-case basis according to the immediate needs of the community.

MLM/Direct Sales Vendors: MLM Members are responsible for checking the Farmer’s Market website to ensure they stay in compliance with their company policy. The Farmer’s Market is not responsible for the Member’s failure to check the “Status and Availability” page of the Farmer’s Market website, misreading the “Status and Availability” page or any double booking as a result of the Member’s failure to comply with their company rules. The offending Member is subject to the decision of the original Member.

Vendor Prohibited Products and Related Information: The Farmer’s Market STRICTLY PROHIBITS the following products to be sold, traded, distributed, displayed, possessed and/or consumed at any TXTDFM Markets.

Prohibited products include, but are not limited to: All animals, firearms and ammunition, knives, swords, brass knuckles, nun-chucks, any items with intended or perceived use to be a weapon; pornography, smut, provocative items, sexually explicit items, any item with intended or perceived use to be a sexually explicit item; drugs of any type, illegal and controlled substances, any THC products (e.g. Delta 8 & 9, Kratom, CBD, etc.), tobacco, and associated paraphernalia, smoking pipes, bongs, hookahs, any product with intended or perceived use to be a drug or tobacco paraphernalia; all alcohol and related information; all potential copyright infringement products; any flea market type wholesale/resale products; all gang related products; any products deemed inappropriate by the Company and/or the Venue.

Prohibited and inappropriate products whether new, used, antique, vintage, etc. found during the market will result in the immediate removal of the products. Refusal to remove the prohibited products will result in the Member being prohibited from continuing their participation in the current market and permanently remove from the Farmer’s Market.

DRUG AND ALCOHOL POSSESSION AND CONSUMPTION ARE STRICTLY PROHIBITED. The Farmer’s Market reserves the right to discontinue the Member’s participation in Texas Trade Days Farmer’s Market markets at any time there is concern whether the Member has sold, promoted, currently sells or promotes or will in the future sell or promote prohibited items and/or information, as well as concerns for unlawful drug or alcohol possession or consumption by the Member and/or their guests without refund.

15. FARMER'S MARKET MEMBERSHIP & TRAINING REQUIRED:
Membership: Any prospective vendor for the Farmer’s Market is required to become a member of the Texas Trade Days Farmer's Market. This membership includes a $25 annual membership fee which is due at the time the prospective vendor submits the Texas Trade Days Farmer's Market Membership Application. This membership fee is required annually and covers the vendor's membership from January 1st through December 31st. Prorations and refunds are not provided for the membership fee. All prospective vendors must become a member prior to submitting the TXTDFM vendor application.

Transfer of membership: The Farmer’s Market shall be notified within 10 days upon the death or retirement of a member, in which membership rights are requested by descendants to be transferred. The membership rights may only be transferred to an immediate family (spouse, son, or daughter) or legal designee for the business as long as the Member was in good standing and all licenses, certifications and permits are updated to reflect new management and ownership. All transfer recipients must be eligible for membership. Any transfer of membership rights must be approved by the Farmer’s Market. If the business is sold outside the immediate family, the rights and privileges of the membership in the Farmer’s Market will not transfer to the new ownership upon the sale of the business.

Training: Prospective vendors are required to submit their certificate of completion for the courses:

"Texas Farmers' Markets: Becoming a Vendor," offered through Texas A&M University with their membership application. 

Course information: https://agrilifelearn.tamu.edu/s/product/texas-farmers-markets-becoming-a-vendor/01t4x000002ciSHAAY

“Cooking Up A Cottage Food Business 2024,” offered through Texas A&M University with their membership application.

Course information: https://agrilifelearn.tamu.edu/s/product/cooking-up-a-cottage-food-business/01t4x000002ciNp

16. MEMBERS ARE REQUIRED TO REMAIN IN GOOD STANDING

Members remain in good standing when all debt with the Farmer’s Market have been paid by the Member and Member continues to comply with the requirements of this Agreement. Members who are not in good standing must satisfy all deficiencies provided in the written notice from the Farmer’s Market prior to being permitted to attend a market. Members who fail to correct deficiencies when notified and prior to their next scheduled market date are in default of this Agreement.

17. DEFINITIONS: 

Texas Department of State Health Services (TXDSHS)

FARMER'S MARKET: §229.702(3) contains an amended definition of “farmers’ market”: “A designated location used for a recurring event at which a majority of the vendors are farmers or other food producers who sell food directly to consumers. A farmers' market must include at least two vendors who meet the definition of "farmer" as defined in paragraph (2) of this section and may include vendors who meet the definition of "food producer" as defined in paragraph (6) of this section. In addition, a farmers' market may include vendors who are not "farmers" or "food producers," provided that "farmers" and "food producers" constitute the majority of vendors who participate in the market throughout the year.

FARMER: §229.702(2) contains a new definition for “farmer”: “A person or entity that produces agricultural products including, but not limited to, fruits, vegetables, fungi, grains, fiber, honey, dairy products, meat, poultry, or eggs, by practice of the agricultural arts upon land that the person or entity owns, rents, leases, or to which the person or entity otherwise has access.”

FOOD PRODUCER: §229.702(6) contains a new definition for “food producer”: “A person who grew, raised, processed, prepared, manufactured, or otherwise added value to the food product the person is selling. The term does not include a person who only packaged or repackaged a food product.”

HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE A. FOOD AND DRUG HEALTH REGULATIONS
CHAPTER 437. REGULATION OF FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, MOBILE FOOD UNITS, AND ROADSIDE FOOD VENDORS

"Sec. 437.001. DEFINITIONS. In this chapter:

(1) "Acidified canned goods" means food with a finished equilibrium pH value of 4.6 or less that is thermally processed before being placed in an airtight container.

(1-a) "Beekeeper" has the meaning assigned by Section 131.001, Agriculture Code.

(2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(79), eff. April 2, 2015.

(2-a) "Baked good" includes cookies, cakes, breads, Danish, donuts, pastries, pies, and other items that are prepared by baking the item in an oven.

COTTAGE FOOD PRODUCTION OPERATION: (2-b) "Cottage food production operation" means an individual, operating out of the individual's home, who:

(A) produces at the individual's home, subject to Section 437.0196:

(i) a baked good that is not a time and temperature control for safety food, as defined by Section 437.0196;
(ii) candy;
(iii) coated and uncoated nuts;
(iv) unroasted nut butters;
(v) fruit butters;
(vi) a canned jam or jelly;
(vii) a fruit pie;
(viii) dehydrated fruit or vegetables, including dried beans;
(ix) popcorn and popcorn snacks;
(x) cereal, including granola;
(xi) dry mix;
(xii) vinegar;
(xiii) pickled fruit or vegetables, including beets and carrots, that are preserved in vinegar, brine, or a similar solution at an equilibrium pH value of 4.6 or less;
(xiv) mustard;
(xv) roasted coffee or dry tea;
(xvi) a dried herb or dried herb mix;
(xvii) plant-based acidified canned goods;
(xviii) fermented vegetable products, including products that are refrigerated to preserve quality;
(xix) frozen raw and uncut fruit or vegetables; or
(xx) any other food that is not a time and temperature control for safety food, as defined by Section 437.0196;

(B) has an annual gross income of $50,000 or less from the sale of food described by Paragraph (A);
(C) sells the foods produced under Paragraph (A) only directly to consumers; and
(D) delivers products to the consumer at the point of sale or another location designated by the consumer.

(3) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(79), eff. April 2, 2015.
(3-a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(79), eff. April 2, 2015.
(3-b) "Farm stand" means a premises owned and operated by a producer of agricultural food products at which the producer or other persons may offer for sale produce or foods described by Subdivision (2-b)(A).
(3-c) "Fermented vegetable product" means a low-acid vegetable food product subjected to the action of certain microorganisms that produce acid during their growth and reduce the pH value of the food to 4.6 or less.
(4) "Food," "food service establishment," "retail food store," "mobile food unit," "roadside food vendor," and "temporary food service establishment" have the meanings assigned to those terms by rules adopted under this chapter.
(5) "Home" means a primary residence that contains a kitchen and appliances designed for common residential usage.
(6) "Produce" means fresh fruits or vegetables.
(7) "Small honey production operation" means a beekeeper that:

(A) produces less than 2,500 pounds of honey each year;
(B) sells or distributes the honey or honeycomb that the beekeeper produces either personally or with the help of the beekeeper's immediate family members;
(C) only sells or distributes honey or honeycomb:

(i) that is produced from a hive that is:

(a) located in the state; and

(b) owned and managed by the beekeeper;

(ii) that is pure honey as defined by Section 131.001, Agriculture Code, and that is raw and not blended with any other product or otherwise adulterated; and

(iii) directly to consumers at the beekeeper's home, a farmer's market, a farm stand, or a municipal, county, or nonprofit fair, festival, or event; and

(D) delivers the honey or honeycomb that the beekeeper produces to the consumer at the point of sale or another location designated by the consumer."

18. MEMBER LICENSING, PERMITS & INSURANCE: Members are responsible for obtaining all required licenses, permits, etc. to conduct their business. Members must display these legal documents to the public during all Texas Trade Days Farmer’s Markets they participate in, as required by law. Members must also display their Texas Sales and Use Tax Permit for all taxable goods sold at the market.

Members are required to obtain and maintain their Food Handler's Certificate, and Farmer's Market Vendor Permit issued through the Galveston County Health District, or any other health district whose jurisdiction the Farmer’s Market is held. 

Food Handlers Training Resource: https://foodsafety.tamu.edu/courses/food-handlers-course/

GCHD Farmer's Market Vendor Information: https://www.gchd.org/about-us/environmental-health-services/consumer-health-services/food-service-establishments

"Farmers Markets

A Farmers Market is an organized entity/operation, that primarily allows a group of farmers/producers to market and sell their farm produce and products in a specific location. These products would include:

  • fish or other aquatic species;

  • livestock, a livestock product, or a livestock by-product;

  • planting seed;

  • poultry, a poultry product, or a poultry by-product;

  • wildlife processed for food or by-products;

  • a product made from a listed product by a farmer or other producer who grew or processed the product; or

  • produce.

Members of these and other food products may operate within the Farmer’s Market if they are registered with the Market and are in compliance with appropriate food service regulations.

Farmers Market Permitting 

Vendors of whole uncut fruit and vegetables and Cottage Food Vendors are not required to obtain a food service permit. Vendors registered with a Farmers Market to sell potentially hazardous goods (those products that require temperature control to maintain food safety) or other unpackaged food may operate with an annual temporary permit usable only within the confines of a farmer’s market. These vendors may operate only during the Market’s stated operating hours. The fee for a Farmer’s Market annual temporary permit is $100 per year in association with a Farmers Market. Farmer market permits are valid in any farmers market within Galveston County.  These fees are not refundable."

Note: It is your responsibility to obtain a Texas Sales and Use Tax Permit as required. Please refer to the Texas Administrative Code 3.286 subsection B, 1. More information can be found at https://comptroller.texas.gov/taxes/sales/ All Sales and Use Tax permit holders are required to submit this permit with the TXTDFM Membership Application.

The Farmer’s Market is not responsible for the Member’s failure to obtain or maintain legal requirements, or any business closure or shut down by any regulatory agency at the market.

Insurance: Member is required to obtain and maintain a general liability and product liability insurance policy naming KM Parker Enterprises LLC as an additional insured for aggregate amounts not less than $1,000,000 for general liability and $1,000,000 (million) for products liability. The COI is required to be submitted with the TXTDFM Membership Application.

Our information needed for inclusion on the COI is:

KM Parker Enterprises LLC
PO Box 776
Dickinson, TX 77539
(346) 439-9318

Prospective vendors not knowing where to obtain these items are recommended by the Farmer’s Market to seek advice from an attorney.

19. TEXAS HEALTH AND HUMAN SERVICES FARMER'S MARKET RULES: All Farmer's Market Vendors are required to abide by the TXHHS Farmer's Market Rules as follows: https://www.dshs.texas.gov/retail-food-establishments/texas-farmers-market

"YARD EGGS:

To sell farm eggs at a farmers' market the following is required: 

  • You must have a temporary food establishment license; and 

  • Eggs must be maintained at an ambient air temperature of 45°F and below; and 

  • Eggs must be properly labeled as "ungraded" with safe handling instructions.

A temporary food establishment permit is not required at farmers’ markets under DSHS jurisdiction to sell whole, intact unprocessed fruits and vegetables and pre-packaged non-potentially hazardous food/time temperature for safety foods or cottage foods. A temporary food establishment permit is required to sell all other potentially hazardous food/time temperature control for safety foods. [Texas Trade Days Farmer's Market currently operates in the Galveston County Health District jurisdiction.]

Farmers and food producers planning to vend food products at farmers’ markets located in areas that are under the jurisdiction of local health departments (i.e. municipal or county health departments or public health districts) should contact those jurisdictions for licensing requirements.

HONEY:

Honey may be sold at a farmer’s market.   With the adoption of the updated 25 TAC 229.210-225 Subchapter N, Current GMP and GWP in Manufacturing, Packing or Holding Human Food, beekeepers that sell raw honey produced from their own bees/hives are “farms” and are exempt from licensing as food manufacturers when engaged in allowable farm activities. 

Beekeepers harvesting raw honey will not be required to license with DSHS if they are only engaged in allowable farm activities.  Harvesting operations that conduct filtering, packaging, and labeling of honey are still subject to the adulteration and misbranding provisions of Texas Health and Safety Code 431.  The Texas Agriculture Code, Title 6, Chapter 131, Bees and Honey, Subchapter E, Labeling and Sale of Honey gives DSHS regulatory authority over the labeling of honey.  

CATTLE & POULTRY [SLAUGHTERED AT LICENSED & INSPECTED FACILITY]:
Meat or poultry products must come from animals processed in compliance with the regulations for livestock processing (Texas Health & Safety Code Chapter 433).  A temporary food establishment permit is required.

FISH & AQUATIC SPECIES:
Commercial fishermen must possess a license from the TPWD or the fish and other cultured species must be produced and raised in a facility that has an aquaculture license from TDA.  A temporary food establishment permit is required.

TIME & TEMPERATURE CONTROLLED FOR SAFETY FOODS:

What is a time and temperature controlled for safety (TCS) food?

§229.702(11), following the 2017 FDA Food Code 1-201.10(B), defines “TCS food” as follows:

Time/Temperature Control for Safety Food (formerly “potentially hazardous food” (PHF)).

(1) "Time/temperature control for safety food" means a FOOD that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.

(2) "Time/temperature control for safety food" includes:

(a) An animal FOOD that is raw or heat-treated; a plant FOOD that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; and

(b) Except as specified in Subparagraph (3)(d) of this definition, a FOOD that because of the interaction of its AW and PH values is designated as Product Assessment Required (PA) in Table A or B of this definition:

Table A. Interaction of pH and AW for control of spores in FOOD heat-treated to destroy vegetative cells and subsequently PACKAGED (refer to the source link for the table).

(3) "Time/temperature control for safety food" does not include:

(a) An air-cooled hard-boiled egg with shell intact, or an EGG with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable salmonellae;

(b) A FOOD in an unopened HERMETICALLY SEALED CONTAINTER that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution;

(c) A FOOD that because of its PH or AW value, or interaction of AW and PH values, is designated as a non-TCS FOOD in Table A or B of this definition;

(d) A FOOD that is designated as Product Assessment Required (PA) in Table A or B of this definition and has undergone a Product Assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that FOOD Is precluded due to:

(i) Intrinsic factors including added or natural characteristics of the FOOD such as preservatives, antimicrobials, humectants, acidulants, or nutrients,

(ii) Extrinsic factors including environmental or operational factors that affect the FOOD such as packaging, modified atmosphere such as REDUCED OXYGEN PACKAGING, shelf life and use, or temperature range of storage and use, or

(iii) A combination of intrinsic and extrinsic factors; or

(e) A FOOD that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the Subparagraphs (3)(a) -(3)(d) of this definition even though the FOOD may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.

What are proper hand washing techniques? 

  • Vigorous friction on the surfaces of the lathered fingers, fingertips, areas between the fingers, hands and exposed arms (or vigorous rubbing the surrogate prosthetic devices for hands and arms) for at least 10 to 15 seconds, followed by; 

  • thorough rinsing under clean, running warm water; and 

  •  immediately following the cleaning procedure with thorough drying of cleaned hands and arms (or surrogate prosthetic devices) using individual, disposable towels.

SAMPLING:

TX Health and Safety Code, Chapter 437.020 outlines the regulation of samples at a farmers’ market. In general, the following applies:

  • Distribute the samples in a sanitary manner;

  • Have potable water available;

  • Wash any produce intended for sampling with potable water to remove any visible dirt or contamination;

  • When preparing the samples, either wear clean, disposable plastic gloves or observe proper hand washing techniques immediately before preparation; 

  • Use smooth, nonabsorbent, and easily cleaned (i.e. metal or plastic) utensils and cutting surfaces for cutting samples, or use disposable utensils and cutting surfaces; and

  • Samples of cut produce and other potentially hazardous foods shall be maintained at a temperature of 41°F or below and discarded within two hours after cutting or preparation.

Per HSC 437.020(b-1), the regulatory authority may not require a permit to require samples at a farmers’ market.

What is a sample?
A sample is defined as a bite size portion, not a full serving.

Do I need a temporary food establishment permit to provide samples at a farmers’ market?
No. Per HSC 437.020(b-1), a temporary food establishment permit is not required to provide samples at a farmers’ market.

What are the requirements for providing samples as a part of a cooking demonstration at a farmers’ market?
Per HSC 437.0203(c)(2), a farmers’ market may distribute samples as part of the cooking demonstration if: 

  • The demonstrator provides only a sample rather than a full serving; and 

  • the samples are disposed of within 2 hours of preparation.

COTTAGE FOOD:
Foods produced at a cottage food production operation (CFPO) may be sold at farmers' markets. The CFPO must comply with the guidelines as required in the law concerning Cottage Food Production Operations.

RAW MILK:
Per HSC 437.020(e), raw milk cannot be sold nor samples of raw milk provided at a farmers’ market. However, per 25 TAC 217.31(b), Grade A raw milk and Grade A raw milk products may be delivered to a location determined by the processor and customer, including at a farmers’ market, as long as the delivery does not violate local ordinance."

TEXAS HEALTH AND HUMAN SERVICES COTTAGE FOOD RULES: All Cottage Food Vendors are required to abide by the TXHHS Cottage Food Rules as follows: https://www.dshs.texas.gov/retail-food-establishments/texas-cottage-food-production

"Texas Cottage Food Production: Cottage Food Production Operations

LICENSING

A cottage food production operation is exempt from the requirements of a food service establishment and does not have to comply with the Texas Food Establishment Rules. Health departments do not have regulatory authority to conduct inspections of a cottage food production operation. 

However, the Department of State Health Services, or local health authority, has authority to act to prevent an immediate and serious threat to human life or health through emergency order, recall orders and delegation of powers or duties. Health departments are required to maintain records of all complaints against a cottage food production operation. 

Requirements and Restrictions

Training 

An individual who operates a cottage food production operation must successfully complete a basic food safety education or training program for food handlers accredited under Health and Safety Code, Chapter 438(D) by January 1, 2014. 

Food Safety 

A cottage food production may not sell to customers potentially hazardous foods (PHF). A PHF is a food that requires time and temperature control for safety (TCS) to limit pathogen growth or toxin production.  

Distribution 

Food produced by a cottage food production operation may be sold online or by mail order under the following circumstances: 

  • The consumer purchased the food online or by mail-order from the operator. 

  • Operator personally delivers the food to the consumer. 

  • Before the operator accepts payment for the food, the operator provides all labeling information required by the Cottage Food Production Operations rules to the consumer by posting a legible statement on the cottage food production operation's internet website, publishing the information in a catalog, or otherwise communicating the information to the consumer.   

  • A cottage food operator may not sell any foods described under the rules at wholesale.

Food Labeling

Foods sold by a cottage food production operation must be packaged and labeled. The food must be packaged in a manner that prevents product contamination, except for foods that are too large and or bulky for conventional packaging. The labeling information for foods that are not packaged must be provided to the consumer on an invoice or receipt. The label must include: 

  • Legible writing. 

  • The name and address of the cottage food production operation. 

  • The common or usual name of the product. 

  • If a food is made with a major food allergen, such as eggs, nuts, soy, peanuts, milk or wheat that ingredient must be listed on the label. 

  • The following statement: “This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department." 

  • A unique number for each batch of pickled fruit or vegetables, fermented vegetable products, or plant-based acidified canned goods.

If selling frozen raw and uncut fruit or vegetables, the cottage operator must label or list on the invoice in min. 12-pt font: "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food frozen until preparing for consumption." 

Training Materials and Publications

Cottage Food Production Operation Training Materials: 

An individual who operates a cottage food production operation must have successfully completed an accredited basic food safety education or training program for food handlers. 

However, if an individual already has a Food Manager Certification from an accredited program, Texas DSHS will recognize this in place of a Food Handler Certification where applicable."

20. VENDOR APPLICATIONS, AGREEMENTS & PAYMENTS REQUIRED: Members are required to submit vendor applications, agreements and payments for rental spaces at each market they wish to participate in. The Farmer’s Market does not issue payment invoices, requests for payments, etc. in lieu of a signed Agreement.

Vendor applications must be completed prior to the market date(s) and before the Member is allowed to set up for each market. Members are to make payment through the approved forms of payment upon submission of the application.

The Farmer’s Market may accept applications via in-person, mail, and/or email in lieu of the online application in cases of internet or website failure, or at the request of the Member with approval, or as determined by the Farmer’s Market. Paper applications and agreements must be mailed to KM Parker Enterprises LLC Atten: Kristen Page P.O. Box 776, Dickinson, TX 77539 and be accompanied by a money order or cashier's check paid to the order of Texas Trade Days Farmer’s Market for the amount indicated on the Member’s application along with a self-addressed stamped envelope.
Incomplete applications, agreements without signature; non-accompanied applications, agreements and/or payments; and unapproved requests for mailed or in-person arrangements, will not reserve a rental space for the Member.

Insufficient payments result in the Member receiving a rental space size the payment amount will sufficiently cover. The Farmer’s Market will issue the Member a refund of the difference in cost, if any, minus fees. The deadline to submit the application and payment is 5:00 PM every Wednesday prior to each market date. In the event that the Farmer’s Market accepts in-person application and payments, Member rental spaces are leased on a first come, first served basis at the time of market.

21. MEMEBER APPLICATION FEE: The application fee is a non-refundable charge for application processing. The application fee is equal to one half of the total gross rental space price paid by the Member for each application submitted. The application fee is charged for each rental space leased by the Member from the Farmer’s Market. The application fee is not transferable to other Members, applications, and other market dates not selected at the time of submitting this Agreement. The application fee for approved Members is fully applied to satisfy the gross rental space payment made by the Member.

22. AGREEMENT COPY TO EMPLOYEES: Member agrees to forward a copy of this Agreement to all employees and helpers of the Member. Members are responsible for the actions of their employees and helpers. A violation of this Agreement, Venue rules, laws, etc. by any employees and/or helpers is considered a violation of the Member

23. VENDOR GOODS: All goods and products intended to be sold or distributed at Texas Trade Days Farmer’s Markets must be listed on the applications. The Farmer’s Market reserves the right to prohibit the sale or distribution of any goods or products at any time. Members are required to leave at home or immediately remove prohibited goods and products from the market upon instruction by the Farmer’s Market, Manager, and/or the Venue whether verbally or in writing. Goods sold that are organic, grass-fed, non-GMO must be identified for the public at the market, and free from pests and disease. Members are required to provide customers with accurate information regarding the production of their product. The failure of the Member to identify these goods denotes the goods are conventional goods.

Goods accepted: All agricultural products sold at the market must be at least 75% grown, raised, and produced in Texas. Organic, non-GMO and grass-fed goods preferred.

  • Go Texan products (preference given)

  • Produce

  • Meat products

  • Yard eggs

  • Canners

  • Cottage Food Bakers (TXDSHS/TXHHS approved “from scratch” recipes only)

  • Pet Food

  • Horticulture

Goods not accepted:

Cottage food: Members are required to obtain and maintain all required licensing, certifications and permits, including the Texas Food Handlers Certificate and Texas Sales and Use Tax Permit which is required to be displayed at market. Members must have the required labeling and packaging for their products in accordance with the Texas Department of State Health Services (DSHS). More information about the Texas Cottage Food Law can be found at https://texascottagefoodlaw.com/

Horticulture: Members growing plants may grow them only from seeds, plugs, dormant roots or bulbs, or cuttings. 

The Farmer’s Market Manager reserves the right to check the Member’s products for compliance at any time. The Farmer’s Market is not responsible for any action of the government against the Member relating to the Member’s food business before, during or after market day.

Refer to the Texas Department of State Health Services at https://dshs.texas.gov/foodestablishments/cottagefood/default.aspx or the appropriate local health department. The Farmer’s Market Manager is a Texas and ANSI Certified Food Manager.

24. DENIED APPLICATION GOODS AND PRODUCTS: Any good or product listed and/or shown on the Member’s application may be denied being offered or sold at market. The Member will be notified through email for denied goods and products. The Member may still participate at market without the denied goods and products present.

25. LIMITS ON VENDOR GOODS AND PRODUCT TYPES: The Farmer’s Market reserves the right to limit goods or product types at any time, and not at the request of the vendor. The Farmer’s Market does not provide any Member with exclusive rights to sell a good or product at the market.

26. APPROVED MEMBERS: The Farmer’s Market deems a rental agreement approved when: the Member has an approved membership application on file for the year and is in good standing, vendor application is complete for the market date(s) requested, Member’s rental space payment has posted by the payment processor, Member continues to meet all the Farmer’s Market agreement requirements, and the market date(s) are available to the Member. Members paying by eCheck (bank account not credit card) risk the chance of denial of their vendor application due to delayed payment processing by the payment processor. The Farmer’s Market does not reserve rental spaces without receiving an application and posted payment. Approved Members can check the Farmer’s Market website page for market details and will receive the market details via email no later than the Monday prior to the approved markets(s) listed on the Member’s application.

27. MEMBER EQUIPMENT: Members are required to provide their own equipment (tents, tables, chairs, displays, decorations, products, etc.) for their operations. Equipment examples and recommendations can be found on the Vendor Learning Series section of the website. All TCS Food Vendors must provide their own potable water, thermometers, gloves, utensils, and other required food safety equipment.

28. VENDOR STRUCTURES: Members are prohibited from erecting permanent and semipermanent structures in their rental space. All structures must be temporary in nature and shall not be affixed in any way to the ground, walls, ceilings, nearby structures, vehicles, etc., and must be clear of large windows, glass doors and customer aisles.

29. VENDOR TENTS: Required for all outdoor spaces. 10x10 straight-leg canopy tents are required. Vendors may use a 10x20 straight-leg canopy tent for double rental spaces. Logo and Texas Flag Designer Covers are allowed. Indoor use of tents is prohibited.

30. VENDOR TENT WEIGHTS: At least 40 pounds of weight per tent leg (160 pounds total) is required for outdoor tent use, including open pavilions. Retail bagged sand, fitness free weights, improper weight amounts, lack of weights, unsafe use of concrete cinder blocks and the use of stakes are not allowed.

31. HAZARDOUS EQUIPMENT AND PRODUCTS: Includes, but is not limited to any electric or combustible generators, heaters, fans, warmers, lighting, printers, engines, friers, stoves, hot plates, microwaves, flammable, volatile, etc. Any hazardous equipment or product must be pre-approved by the Farmer’s Market.

If approved, the items must be kept away from children, customers, other vendors and other items potentially affected by the hazard. It must be contained to the Member’s rental space, must not emit toxic vapors, must be kept well-ventilated outdoors, and must be used in accordance with the manufacturer’s intended use.

The Farmer’s Market and Manager reserves the right to discontinue Member’s use of any hazardous equipment and is not responsible for loss of power to the Member rental space, loss to Member’s sales, damage or injury as a result of the Member’s use or discontinued use of hazardous equipment.

The Member is required to submit a certificate of insurance listing KM Parker Enterprises LLC as an additional insured for the policy covering the hazardous equipment prior to the Member’s use of the equipment. Failure to provide the certificate of insurance prior to use of the equipment will result in the Member’s immediate removal of the hazardous equipment from the market. Member’s refusal to remove the unapproved hazardous equipment from the market will result in the Member’s permanent removal from the market.

32. VENDOR SPACE DESIGN: Displays, space design and sales techniques shall not interfere with other Members or vendors in any way. The Farmer’s Market reserves the right to have the Member change their set up as needed.

Members must identify themselves by posting an easily read sign giving the name and address of the Member and the “farm” name where appropriate. Emphasizing "Locally Grown" and “Producer Only” products are important for customers to readily and easily identify these products. 

33. VENDOR SPACE LIMITS: Equipment, displays, merchandise, etc. must be kept within the Member’s designated rental space. Members have the option to rent additional space if available. The Farmer’s Market reserves the right to keep the Member within their designated rental space and/or charge the Member for the additional rental space needed during the market.

34. NO VENDOR SPACE SHARING: Rental space sharing is not permitted by the Member. One vendor/company per rental space.

35. RENTAL SPACE ASSIGNMENTS: Member space assignments are given according to the rental space size and location in which the Member selected within the designated farmer’s market area.

If the Farmer’s Market does not provide rental space assignments for the market day, Members may choose their specific rental space location after check-in on market day, in accordance with the layout for the specific market location provided by the Farmer’s Market. Members must set up next to each other and not leave noticeable gaps between each space within the designated farmer’s market area.

The Farmer’s Market and Manager reserves the right to relocate Member to another similar space at any time to meet the needs of the market.

36. RENTAL SPACE ADJUSTMENTS: The Farmer’s Market and Manager reserves the right to adjust rental space prices and space location at any time. Approved Members are not responsible for any price difference from the amount they originally paid. Members may receive the same or similar space location or better.

37. REQUESTING ADDITIONAL RENTAL SPACE AT MARKET: Members may request additional rental space at the market and are responsible for the additional amount owed for the additional rental space requested. Payment is due immediately upon the Member’s request.

38. VENDOR ORGANIZATION & TRASH: All storage and merchandise boxes must be kept hidden under covered tables, in authorized market storage areas or in vehicles. Displays, products, storage containers, etc. must be confined to the Member’s rental space. Rental spaces shall be kept neat and clean at all times.

Members are responsible for maintaining a clean rental space, as well as properly discarding and removing trash. All Member items, including trash, must be taken with the Member at the end of the market.

Any items left behind may be relocated, discarded or donated by the Farmer’s Market and/or the Venue. The Farmer’s Market is not responsible for any loss as a result of the removal of the Member’s property at the end of the market day.

39. CLEANING FEE: Members are responsible for properly cleaning and discarding all waste within and surrounding their rental space. All trash created by the Member must be taken with the Member or discarded in the Venue approved dumpster at the end of the market day.

Any Members in an area who fail to clean their area, including stuffing or overfilling public trash cans, will be invoiced a $250 cleaning fee (prorated in accordance with the number of Members located in the area) in the event a deposit is not charged upfront, which is due upon receipt.

If Member continue to violate this section, the Manager is permitted to increase the rental space fees by the prorated amount of the cleaning fee rounded to the nearest dollar (e.g. $250 / 21 = $12 per rental space).

The Manager will be paid one-half of the cleaning fee collected for each market date for the additional cleaning the Manager is required to perform.

40. VENDOR COMMON AREAS: Members are required to keep all common areas free from equipment, storage containers, vehicles, trash and debris.

41. MEMBER PARKING: Member is required to park, unload and load from the designated parking area as directed by the Farmer’s Market. Members are prohibited from parking in or near the market area. Failure to follow the Farmer’s Market instructions results in the Member’s loss of rental space at the market without refund.

42. MEMBER SPACE MUSIC: Members must have a commercial license to play music other than from public radio broadcasts. Music must not be heard beyond the Member’s rental space nor disturb neighboring members. Mature content, explicit versions of songs, etc. is prohibited. Amplified music is prohibited without proper permits.

43. MEMBER BEHAVIOR: Members are expected to be respectful to the Venue, the Farmer’s Market, fellow members and vendors, and customers. Members are expected to respect fellow member rental spaces and nearby areas, keep business discussions discrete, professional and away from other members, vendors and customers.

Members shall not argue with the Venue, the Farmer’s Market and Manager, fellow members, vendors and customers at any time. Members are required to keep vehicles out of the way of fellow members, vendors and their rental spaces while loading and unloading.

Driving through the market area at any time during the market public times is unsafe and is strictly prohibited.

Children must be supervised at all times and are not allowed: in other rental spaces, to roam freely through the market area, and must be on their best behavior. Children needing attention must be cared for privately away from the market area and customers.

Contact the Farmer’s Market Manager immediately if help is needed.

44. MARKET SALES, SIZE & TRAFFIC: The Farmer’s Market does not estimate, guarantee nor is the Farmer’s Market responsible for Member sales, customer traffic, or Member rentals and attendance amounts, regardless of whether the market is small or big, or not in accordance with customer or Member expectations.

45. TEXAS TRADE DAYS FARMER’S MARKET ADVERTISING: The Farmer’s Market advertises and markets the Farmer’s Market and its marketplaces to attract and maintain general marketplace customers, promote positive community involvement and generate additional foot traffic for marketplaces.

46. ADVERTISING BY MEMBERS: Approved Members are responsible for their individual business advertising for each market they have leased space. Members are recommended to share TXTDFM Market flyers, Social Media event listings, invite social media friends to social media event listings, and other promotional activities for the market dates they are approved. Members should not mislead the public by advertising inaccurate information that deviates from advertising made by the Farmer’s Market.

Members are not authorized to create their own events on social media or by any means for any Farmer’s Market market dates but may add the Farmer’s Market social media events to their business pages and accounts. The Farmer’s Market provides Members with social media events, flyers, photos and other promotional items Members are authorized to distribute through the website. Members shall not mislead any persons or organizations into believing they are a representative of the Farmer’s Market in any way.

Any Member found to violate this section shall cease and desist immediately. The Farmer’s Market is not responsible for outdated, misleading or inaccurate information shared by the Member. It’s the Member’s responsibility to stay current with any changes made by the Farmer’s Market.

47. MARKET PHOTOGRAPHY: The Farmer’s Market may photograph and record: the Venue, Members, guests, customers and events during the normal course of business to advertise and/or market the Farmer’s Market markets. The Farmer’s Market reserves all rights. Commercial licensing is extended to approved Members to use their specific photographs taken by the Farmer’s Market for use in their advertising and marketing. Costs of the commercial licensing are included in the gross rental space price.

48. MEMBER CANCELLATIONS: Members must give written notice of cancellation. Members cancelling within 10 days after submitting their application and payment (“10-day grace period") will receive a refund minus the application fee and payment processing fee. Members canceling after 10 days of submitting their application and payment forfeit 100% of their rental payment for the market they cancelled their attendance. If the Member submits an application within 10 days of the upcoming market date for which they are applying and cancels, the Members forfeits 100% of their rental payment. The Farmer’s Market may, at its discretion, choose to issue full refunds minus payment processing fees in cases of emergencies, personal illness or injury, and work obligations. Members canceling more than 2 times in a 6-month period may be at risk of being permanently removed from the market.

49. VENDOR NO SHOWS: The Farmer’s Market has a zero-tolerance policy for “no show" Members. If the Member does not give proper notice of cancellation, the Member is considered a “no show” and has defaulted on this Agreement.

50. NO MEMBER SUBLEASING/ASSIGNMENTS/FILL-INS: Members are strictly prohibited from selling, assigning or requesting fill-ins of their rental space to another member or vendor for any reason. The Farmer’s Market only authorizes Members to participate in the Farmer’s Market markets in which an Agreement and application are on file. Members caught subleasing/assigning/filling-in rental spaces are permanently removed from the Farmer’s Market. Employees must be included in the Member’s Agreement. Member is responsible for their employee(s) assigned to work at Texas Trade Days Farmer’s Market markets.

51. LEAVING MARKET EARLY: Member is expected to stay open for business for the entire duration of the market public times. Members may not leave a market early because other vendors are packing to leave early. If the Vendor leaves the market early without notice, the Vendor will be permanently removed from the Farmer’s Market.

52. SECURITY: The Farmer’s Market may provide security on market days. The Member is required to abide by instructions of security personnel and contact the Farmer’s Market as soon as possible after instructions are given. The Member is solely responsible for the security of their cash, coupons, equipment, goods, inventory, supplies and any other property. The Farmer’s Market is not responsible for lost, stolen or damaged property.

53. DISPUTES: If a dispute and/or conflict arises between Members, Members and other vendors, or Members and the public, Members are to notify the Farmer’s Market immediately to handle the dispute and/or conflict. If the Farmer’s Market and/or the Venue has provided security, the Farmer’s Market will also notify the Venue security of the dispute and/or conflict. In more serious cases, if the Member feels they need to call 911 for emergency services, please notify the Farmer’s Market immediately after 911 services have been called. All Member disputes with the Farmer’s Market must be submitted in writing by email and/or mailed to P.O. Box 776, Dickinson, TX 77539 for resolution.

54. MEDIATION: The Member and the Farmer’s Market agree to mediation in the event a dispute resolution is not met through informal discussion. The Member may request mediation in writing to the Farmer’s Market at any time. Members agree to pay their portion of the costs associated with mediation. The Member and the Farmer’s Market agree to abide by the decision of the mediator.

55. WRITTEN COMMUNICATION & VENDOR INSURANCE: Inquiries, requests and disputes must be made by the Member in writing by email at texastradedays@gmail.com or mailed to KM Parker Enterprises LLC Atten: Kristen Page P.O. Box 776, Dickinson, TX 77539. The Farmer’s Market does not accept texts, social media messages, or verbal messages as approved forms of communication when conducting business. The Farmer’s Market does not enter into verbal agreements. MEMBER

Insurance: Members requesting Certificates of Insurance from their carriers must submit the following information to list the Farmer’s Market as an additional insured: KM Parker Enterprises LLC, PO Box 776, Dickinson, TX 77539 (346) 439-9318.

56. SEVERABILITY: If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, it shall not affect the enforcement of any other provision of this Agreement. Rather, the invalid, illegal, or unenforceable provision shall be modified to the extent necessary so that it is valid, legal, and enforceable.

57. TERMINATION OF RENTAL PERIOD: This Agreement terminates at the end of the last market date selected by the Member on the Application.

58. MEMBER DEFAULT: Member defaults on this Agreement if the Member fails to meet the terms of this Agreement, Venue regulations, and/or any local, state or federal laws. If Member defaults this policy, Member forfeits their rental space at the current or upcoming market date, will be permanently removed from the market, and will be refunded in accordance with paragraph 59 of this Agreement.

59. VENDOR REFUNDS: The Farmer’s Market does not issue credits, refunds or move Members to other dates at the request of the Member. Members are not moved, issued credits or refunds for any mistake made by, and/or personal or business issue of the Member including, but not limited to: payment with wrong card, double booking with another event, double booking the Farmer’s Market market dates, failure to check or misreading the availability list on the website, Member cancellations after the “10-day grace period,” late shows, no shows, default of this Agreement, termination of this Agreement, end of term period, etc.

Denied vendors: Full refunds, minus the payment processing fee, are issued to prospective members and Members whose application are fully denied.

Market date rescheduled: In the event of a market being rescheduled by the venue and/or a government mandate, the Farmer’s Market will move the Member to the rescheduled market date. The Farmer’s Market does not provide refunds or credits to Members that don’t attend the rescheduled market.

Market date canceled: If the venue and/or a government mandate requires the cancelation of a market, the Farmer’s Market will issue a refund to the Member in accordance with the venue’s refund policy/issued refund amount within 7 days of the Farmer’s Market receiving the refund from the venue, less any non-refundable fees incurred by the Farmer’s Market.

Default: In the event Member defaults on any section(s) of this Agreement and does not correct the default upon notice and before their next scheduled market date, Member forfeits 100% of their rental space payment for the upcoming market date they are scheduled to attend. The Farmer’s Market will issue a refund for the remaining amount minus the application and payment processing fees for their rental space for subsequent market dates in which they have applied.

Non-refundable fees: Application, payment processing, and deposit fees are non-refundable by the Farmer’s Market.

Chargeback claims: Members who submit disputes/fraud claims/charge backs for credit card charges and/or stop payments for payments they authorized and/or for payments in which the Member received services, decided to forfeit all or part of their services, and/or defaulted this Agreement are permanently removed from the market.

In the event the Member submits a fraudulent chargeback claim, the Farmer’s Market will invoice the Member to recover costs for services agreed to in this Agreement, submit any failure to pay an invoice to collections agencies, and/or seek any legal remedy allowed by law.

60. FORCE MAJURE: The Farmer’s Market is not liable for any failure to perform any obligation under any agreement, or for any delay in performance, due to events or circumstances beyond the Farmer’s Market’s reasonable control including, but not limited to weather, acts of God, acts or threats of terrorism, government acts, technical failures, fire, or other similar events or circumstances. The Farmer’s Market is not liable for any act by any local municipality, county, state or venue which may result in the failure of the Farmer’s Market to perform any obligation under any agreement, or for any delay in performance including, but not limited to cancellations of markets, placing additional restrictions on Member participation, changes to market dates, times or locations at venue, failing to enforce laws or ordinances affecting a market.

61. HOLD HARMLESS: Member, in consideration of being provided rental space at any Texas Trade Days Farmer’s Market market dates, agrees to the terms and conditions of current rules: 1. Member shall indemnify, defend, and hold harmless KM Parker Enterprises LLC, owners/brokers/agents/coordinators, servants, employees, and volunteers from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys’ fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to the willful misconduct or negligent acts, errors, or omissions of Member, its agents and employees, in connection with Member’s participation in the Texas Trade Days Farmer’s Market markets and in the performance of services, work or activities under this Agreement; and 2. Member acknowledges receipt of and agrees to comply with each rule, regulation, procedure, term and condition set forth in the current version of the 2025 Texas Trade Days Farmer’s Market Member Rental Agreement and Policy terms.

62. LIMITATIONS ON LIABILITY: The Farmer’s Market is not liable to any Member or any other person for special, indirect, incidental, consequential or exemplary losses, damages or expenses, directly or indirectly arising from the participation or non-participation of vendor in any market, or from any other cause relating thereto. The Farmer’s Market liability does not, in any event, whether based on contract, warranty, tort (including, but not limited to negligence and strict liability) or otherwise, exceed the amount paid by the Member for their approved rental space selected on the vendor application to which this Agreement is attached.

TXTDFMVA-V1-20250101

Below is the current web copy of the 2025 Texas Trade Days Farmer’s Market Vendor Rental Agreement and Policy, version TXTDFMVA-V1-20250101. A full copy of the bylaws is available here.

Texas Trade Days Farmer’s Market Member Bylaws