2025 Texas Trade Days Vendor Rental Agreement and Policy
1. COMMERCIAL REAL ESTATE LEASE AGREEMENT: Commercial tenant (Vendor) acknowledges they are submitting a commercial real estate rental application, agreement and policy (Agreement) and rental payment to KM Parker Enterprises LLC (Company) for the date(s) selected by the Vendor. This Agreement only covers the leased space, and applicable services required for the leased space. The Company reserves the right to update this Agreement at any time. Vendor will receive a PDF copy of the Agreement upon their online submission of this Agreement to the Company.
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 Company.
3. APPLICABILITY: This Agreement applies to all rental spaces the Vendor leases from the Company for 2025. Vendor is required to sign a new 2025 Texas Trade Days (TXTD) Vendor Rental Agreement & Vendor Policy upon any changes made to this Agreement. This Agreement is only applicable to the Company. Unauthorized use, in whole or in part, by another is strictly prohibited and may be punishable by law.
4. COMPENSATION: Vendor agrees to the payment they made for the rental space type Vendor selected on the Texas Trade Days online, PDF, or in-person application in which this Agreement is attached. Vendors must also submit payment for their application to be processed. Compensation to the Company 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 for Vendor to sell goods directly to the public, and any discounts that may be applied.
5. ACCEPTANCE: The Company will provide the Vendor with notice of acceptance of this Agreement in writing through the Company website and/or the email address provided to the Company by the Vendor in this Agreement.
6. SIGNATURES ACCEPTED: The Company accepts digital signatures for online Agreements and original signatures for paper Agreements of the Vendor.
7. COMPANY FILINGS, PERMITS, CERTIFICATION & ASSOCIATION: The Company 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
Additional filings may be added to this section without voting, notice, and Member signature of acceptance.
8. VENUE OCCUPANCY: The Company leases and occupies property with the written permission of all property owners through commercial real estate lease agreements. The Company is responsible for adhering to property owner (Venue) rules and ensuring compliance from vendors. All Company inquiries are handled by the Company. 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 Company.
9. MARKET DATES & AVAILABILITY: The Company schedules market dates and times that are in the best interests of the Company and its customers. 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 markets are rain or shine. Be prepared for all types of weather. Abide by the suggestions made by the Company. Repeated health and safety risks (even during a single market) may result in the Vendor being prohibited from continuing their participation in the current market.
11. SERVICE DOGS & PETS:
Service dogs: The Company complies with the Americans with Disabilities Act (ADA) regarding the use of service dogs in connection with a disability by vendors; (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 Vendor requires the use of a service dog, the Vendor must ensure the safety of their service dog at all times.
Pets: The Company prohibits vendors from bringing their pets to the market. If Vendor needs to bring their pets with them because of traveling, Vendor is recommended to make arrangements with local boarding facilities. All exotic animals are prohibited.
12. GIFT ACCEPTANCE: The Company does not accept gifts of any type from Vendors. The Company does not accept gifts in lieu of monetary payment for rental spaces. Any gifts left for the Company by the Vendor at the market are donated to a local charity or thrown away.
13. AGE REQUIREMENTS: Vendors must be 18 years of age or older to lease rental spaces at Texas Trade Days markets. Minors under the age of 18 must be accompanied by a parent or legal guardian whose name the Agreement must be submitted.
14. VENDOR LICENSING, PERMITS & INSURANCE: Vendors are responsible for obtaining all required licenses, permits, etc. to conduct their business. Vendors must display these legal documents to the public during all Texas Trade Days markets they participate in, as required by law. Vendors must also display their Texas Sales and Use Tax Permit for all taxable goods and services sold at the market.
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. The Company may request copies of these documents at any time. More information can be found at https://comptroller.texas.gov/taxes/sales
The Company is not responsible for the Vendor’s failure to obtain or maintain legal requirements, or any business closure or shut down by any regulatory agency at the market.
Insurance: Vendor 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 TXTD Vendor Application.
Our information needed for inclusion on the COI is:
KM Parker Enterprises LLC
PO Box 776
Dickinson, TX 77539
(346) 439-9318
Vendors not knowing where to obtain these items are recommended by the Company to seek advice from an attorney.
15. VENDOR APPLICATIONS, AGREEMENTS & PAYMENTS REQUIRED: Vendors are required to submit applications, agreements and payments for rental spaces. The Company does not issue payment invoices, requests for payments, etc. in lieu of a signed Agreement.
Vendor agreements must be completed prior to the market date(s) and before the Vendor is allowed to set up for each market. Vendors are to make payment through the approved forms of payment upon submission of the Agreement.
The Company may accept agreements 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 Vendor with approval, or as determined by the Company. 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 KM Parker Enterprises LLC for the amount indicated on the Vendor’s application along with a self-addressed stamped envelope.
Incomplete agreements, agreements without signature; non-accompanied agreements and/or payments; and unapproved requests for mailed or in-person arrangements, will not reserve a vendor rental space.
Insufficient payments result in the Vendor receiving a rental space size the payment amount will sufficiently cover. The Company will issue the Vendor a refund of the difference in cost, if any, minus fees. Deadline to submit the Agreement and payment is 5:00 PM every Wednesday prior to each market date. In the event that the Company accepts in-person agreements and payments, vendor rental spaces are leased on a first come, first served basis at the time of market.
16. VENDOR 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 vendor for each agreement submitted. The application fee is charged for each rental space leased by the Vendor from the Company. The application fee is not transferable to other vendors, agreements, and other market dates not selected at the time of submitting this Agreement. The application fee for approved vendors is fully applied to satisfy the gross rental space payment made by the Vendor.
17. AGREEMENT COPY TO EMPLOYEES: Vendor agrees to forward a copy of this Agreement to all employees and helpers of the Vendor. Vendors 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 Vendor.
18. CORPORATE VENDORS NOT ACCEPTED: Corporate businesses include, but are not limited to all corporations, franchise owners, large storefronts, information only vendors, energy, cellular, financial, personal services, education programs, political organizations, and charitable organizations. No exceptions are made to this policy.
19. COMMERCIAL FOOD VENDORS NOT ACCEPTED: Applies to any food truck, trailer or booth, including restaurants, which require on-site food preparations for on-site public consumption, a commercial kitchen, and/or intends to sell time or temperature controlled foods for which a temporary food establishment permit is required for operation at the market.
20. MLM/DIRECT SALES VENDORS: MLM Vendors are responsible for checking the Company website to ensure they stay in compliance with their company policy. The Company is not responsible for the Vendor’s failure to check the “Status and Availability” page of the Company website, misreading the “Status and Availability” page or any double booking as a result of the Vendor’s failure to comply with their company rules. The offending vendor is subject to the decision of the original vendor.
21. TEXAS COTTAGE FOOD LAW, CANNING, HONEY & FARM VENDORS: All cottage food bakers, canners, honey vendors, farm and ranch vendors are required to complete the Texas Trade Days Farmer’s Market application.
22. VENDOR PROHIBITED PRODUCTS AND RELATED INFORMATION: The Company STRICTLY PROHIBITS the following products to be sold, traded, distributed, displayed, possessed and/or consumed at any Texas Trade Days 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 Vendor being prohibited from continuing their participation in the current and future markets.
DRUG AND ALCOHOL POSSESSION AND CONSUMPTION ARE STRICTLY PROHIBITED. The Company reserves the right to discontinue the Vendor’s participation in Texas Trade Days markets at any time there is concern whether the Vendor 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 Vendor and/or their guests without refund.
LTC holders must abide by all applicable laws, posted signs, law enforcement instructions, the Company and/or Venue requests.
23. VENDOR MERCHANDISE: All merchandise and products intended to be sold or distributed at Texas Trade Days markets must be listed on the Agreement. The Company reserves the right to prohibit the sale or distribution of any merchandise or product at any time. Vendor is required to leave at home or immediately remove prohibited merchandise and products from the market upon instruction by the Company and/or the Venue whether verbally or in writing.
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
Visual Art (sculptures, paintings, photography)
Artisans
Glasswork
Candlemakers
Soap makers
Home Decor
Clothing Boutiques
Jewelry
Crochet
Technology Design
Animal friendly items
Antique Dealers
Vintage Dealers
Skincare and Cosmetics
MLM/Direct Sales Representatives (limited)
Other merchandise accepted on a case-by-case basis
24. DENIED APPLICATION PRODUCTS: Any product or service listed and/or shown on the Vendor’s Agreement may be denied being offered or sold at market. The Vendor will be notified through email for denied products. The Vendor may still participate at market without the denied products present.
25. LIMITS ON VENDOR MERCHANDISE TYPES: The Company reserves the right to limit merchandise or product types at any time, and not at the request of the vendor. The Company does not provide any vendor with exclusive rights to sell a product at the market.
26. DENIED VENDORS: Vendors may be denied based on prohibited items, unavailable rental spaces, incorrect or incomplete Agreements, other violations of this Agreement prior to market day, and permanent denials.
27. APPROVED VENDORS: The Company deems a rental agreement approved when: the Vendor Agreement is complete, Vendor payment has been posted by the payment processor, Vendor meets all the Company agreement requirements, and the market date(s) are available to the Vendor. Vendors paying by eCheck (bank account not credit card) risk the chance of denial of their rental agreement due to delayed payment processing by the payment processor. The Company does not reserve rental spaces without receiving a signed agreement and posted payment. Approved vendors can check the Company website 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 Vendor’s Agreement.
28. VENDOR EQUIPMENT: Vendors are required to provide their own equipment (tents, tables, chairs, displays, decorations, products, etc.) for their business operations. Equipment examples and recommendations can be found on the Vendor Learning Series section of the website.
29. VENDOR STRUCTURES: Vendors 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.
30. VENDOR TENTS: Required for all outdoor spaces. 10x10 straight-leg canopy tents are required. Vendors may use 10x20 straight-leg canopy tents for double spaces. Business Logo and Texas Flag Designer Covers are allowed. Indoor use of tents is prohibited.
31. 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.
32. 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 Company.
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 Vendor’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 Company reserves the right to discontinue Vendor use of any hazardous equipment and is not responsible for loss of power to the Vendor rental space, loss to Vendor’s sales, damage or injury as a result of the Vendor’s use or discontinued use of hazardous equipment.
The Vendor 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 Vendor’s use of the equipment. Failure to provide the certificate of insurance prior to use of the equipment will result in the Vendor’s immediate removal of the hazardous equipment from the market. Vendor's refusal to remove the unapproved hazardous equipment from the market will result in the Vendor's removal from the market without refund.
33. VENDOR SPACE DESIGN: Displays, space design and sales techniques shall not interfere with other vendors in any way. The Company reserves the right to have the Vendor change their set up as needed.
Vendors must identify themselves by posting an easily read sign giving the name of their business used on their application. Emphasizing “Texas-made” and “Go Texan” products are important for consumers to readily and easily identify these products.
34. VENDOR SPACE LIMITS: Equipment, displays, merchandise, etc. must be kept within the Vendor’s designated rental space. Vendors have the option to rent additional space if available. The Company reserves the right to keep the Vendor within their designated rental space and/or charge the Vendor for the additional rental space needed during the market.
35. NO VENDOR SPACE SHARING: Rental space sharing is not permitted by the Vendor. One vendor/company per rental space.
36. VENDOR RENTAL SPACE ASSIGNMENTS: Vendor space assignments are given according to the rental space size and location in which the Vendor selected.
If the Company does not provide rental space assignments for the market, Vendors 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 Company. Vendors must set up next to each other and not leave noticeable gaps between each space.
The Company reserves the right to relocate Vendor to another similar space at any time to meet the needs of the market.
37. RENTAL SPACE ADJUSTMENTS: The Company reserves the right to adjust rental space prices and space location at any time. Approved vendors are not responsible for any price difference from the amount they originally paid. Vendors may receive the same or similar space location or better.
38. REQUESTING ADDITIONAL RENTAL SPACE AT MARKET: Vendors may request to receive additional rental space at market and are responsible for the additional amount owed for the additional rental space requested. Payment is due immediately upon the Vendor’s request.
39. 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 Vendor’s rental space. Rental spaces shall be kept neat and clean at all times.
Vendor is responsible for maintaining a clean rental space, as well as properly discarding and removing trash. All Vendor items, including trash, must be taken with the Vendor at the end of the market.
Any items left behind may be relocated, donated or discarded by the Company and/or the Venue. The Company is not responsible for any loss as a result of the removal of the Vendor’s property at the end of the market day.
40. CLEANING FEE: Vendor is responsible for properly cleaning and discarding all waste within and surrounding their rental space. All trash created by the Vendor must be taken with the Vendor or discarded in the Venue approved dumpster at the end of the market day.
Any vendors in an area who fail to clean their area will be invoiced a $250 cleaning fee in the event a deposit is not charged upfront, which is due upon receipt.
Any Vendors 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 Vendors 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.
41. VENDOR COMMON AREAS: Vendors are required to keep all common areas free from equipment, storage containers, vehicles, trash and debris.
42. VENDOR PARKING: Vendor is required to park, unload and load from the designated vendor parking area as directed by the Company. Vendors are prohibited from parking in or near the market area. Failure to follow instructions results in the Vendor's loss of rental space at the market without refund.
43. VENDOR SPACE MUSIC: Vendors must have a commercial license to play music other than from public radio broadcasts. Music must not be heard beyond the Vendor’s rental space nor disturb neighboring vendors. Mature content, explicit versions of songs, etc. is prohibited. Amplified music is prohibited without proper permits.
44. VENDOR BEHAVIOR: Vendors are expected to be respectful to the Venue, the Company, fellow vendors and customers. Vendors are expected to respect fellow vendor rental spaces and nearby areas, keep business discussions discrete, professional and away from other vendors and customers.
Vendor shall not argue with the Venue, the Company, fellow vendors and customers at any time. Vendors are required to keep vehicles out of the way of fellow 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 vendor 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 Company immediately if help is needed.
45. MARKET SALES, SIZE & TRAFFIC: The Company does not estimate, guarantee nor is the Company responsible for Vendor sales, customer traffic, or Vendor rentals and attendance amounts, regardless of whether the market is small or big, or not in accordance with customer or Vendor expectations.
46. TEXAS TRADE DAYS ADVERTISING: The Company advertises and markets the Company and its marketplaces to attract and maintain general marketplace customers, promote positive community involvement and generate additional foot traffic for marketplaces.
47. ADVERTISING BY VENDORS: Approved Vendors are responsible for their individual business advertising for each market they have leased space. Vendors are recommended to share Texas Trade Days 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. Vendors should not mislead the public by advertising inaccurate information that deviates from advertising made by the Company.
Vendors are not authorized to create their own events on social media or by any means for any Company markets but may add the Company social media events to their business pages and accounts. The Company provides vendors with social media events, flyers, photos and other promotional items vendors are authorized to distribute through the website. Vendors shall not mislead any persons or organizations into believing they are a representative of the Company in any way.
Any vendor found to violate this section shall cease and desist immediately. The Company is not responsible for outdated, misleading or inaccurate information shared by the Vendor. It’s the Vendor’s responsibility to stay current with any changes made by the Company.
48. MARKET PHOTOGRAPHY: The Company may photograph and record: the Venue Vendors, guests, customers and events during the normal course of business to advertise and/or market the Company markets. The Company reserves all rights. Commercial licensing is extended to approved vendors to use their specific photographs taken by the Company for use in their advertising and marketing. Costs of the commercial licensing are included in the gross rental space price.
49. VENDOR CANCELLATIONS: Vendor must give written notice of cancellation. Vendors 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. Vendors 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 Vendor submits an application within 10 days of the upcoming market date for which they are applying and cancels, the Vendor forfeits 100% of their rental payment. The Company may, at its discretion, choose to issue full refunds minus payment processing fees in cases of emergencies, personal illness or injury, and work obligations. Vendors canceling more than 2 times in a 6-month period may be at risk of being permanently removed from the market.
50. VENDOR NO SHOWS: The Company has a zero-tolerance policy for “no show" vendors. If Vendor does not give proper notice of cancellation, the Vendor is considered a “no show.”
51. NO VENDOR SUBLEASING/ASSIGNMENTS/FILL-INS: Vendors are strictly prohibited from selling, assigning or requesting fill-ins of their rental space to another vendor for any reason. The Company only authorizes vendors to participate in the Company markets in which an Agreement is on file. Vendors caught subleasing/assigning/filling-in rental spaces are prohibited from setting up at markets. Employees must be included in the Vendor’s Agreement. Vendor is responsible for their employee(s) assigned to work at Texas Trade Days markets.
52. LEAVING MARKET EARLY: Vendors are expected to stay open for business for the entire duration of the market public times. Vendors 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 General Market.
53. SECURITY: The Company may provide security at the market. The Vendor is required to abide by instructions of security personnel and contact the Company as soon as possible after instructions are given. The Vendor is solely responsible for the security of their cash, coupons, equipment, goods, inventory, supplies and any other property. The Company is not responsible for lost, stolen or damaged property.
54. DISPUTES: If a dispute and/or conflict arises between vendors, or vendors and the public, vendors are to notify the Company immediately to handle the dispute and/or conflict. If the Company and/or the Venue has provided security, the Company will also notify the Venue security of the dispute and/or conflict. In more serious cases, if the Vendor feels they need to call 911 for emergency services, please notify the Company immediately after 911 services have been called. All vendor disputes with the Company must be submitted in writing by email and/or mailed to P.O. Box 776, Dickinson, TX 77539 for resolution.
55. MEDIATION: The Vendor and the Company agree to mediation in the event a dispute resolution is not met through informal discussion. The Vendor may request mediation in writing to the Company at any time. Vendor agrees pay their portion of the costs associated with mediation. The Vendor and the Company agree to abide by the decision of the mediator.
56. WRITTEN COMMUNICATION & VENDOR INSURANCE: Inquiries, requests and disputes must be made by the Vendor 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 Company does not accept texts, social media messages, or verbal messages as approved forms of communication when conducting business. The Company does not enter into verbal agreements. VENDOR
Insurance: Vendors requesting Certificates of Insurance from their carriers must submit the following information to list the Company as an additional insured: KM Parker Enterprises LLC, PO Box 776, Dickinson, TX 77539 (346) 439-9318.
57. 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.
58. TERMINATION OF RENTAL PERIOD: This Agreement terminates at the end of the last market date selected by the Vendor on the Application.
59. VENDOR DEFAULT: Vendor defaults on this Agreement if the Vendor fails to meet the terms of this Agreement, Venue regulations, and/or any local, state or federal laws. If Vendor defaults this policy, Vendor 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 60 of this Agreement.
60. VENDOR REFUNDS: The Company does not issue credits, refunds or move vendors to other dates at the request of the Vendor. Vendors are not moved, issued credits or refunds for any mistake made by, and/or personal or business issue of the Vendor including, but not limited to: payment with wrong card, double booking with another event, double booking the Company market dates, failure to check or misreading the availability list on the website, vendor 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 vendors whose application is fully denied.
Market date rescheduled: In the event of a market being rescheduled by the venue and/or a government mandate, the Company will move the Vendor to the rescheduled market date. The Company does not provide refunds or credits to Vendors 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 Company will issue a refund to the Vendor in accordance with the venue’s refund policy/issued refund amount within 7 days of the Company receiving the refund from the venue, less any non-refundable fees incurred by the Company.
Default: In the event Vendor defaults on this Agreement, Vendor forfeits 100% of their rental space payment for the upcoming market date they are scheduled to attend. The Company will issue a refund minus 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 Company.
Chargeback claims: Vendors 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 Vendor 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 Vendor submits a fraudulent chargeback claim, the Company will invoice the Vendor 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.
61. FORCE MAJURE: The Company 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 Company’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 Company is not liable for any act by any local municipality, county, state or venue which may result in the failure of the Company 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 vendor participation, changes to market dates, times or locations at venue, failing to enforce laws or ordinances affecting a market.
62. HOLD HARMLESS: Vendor, in consideration of being provided rental space at any Texas Trade Days markets, agrees to the terms and conditions of current rules: 1. Vendor 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 Vendor, its agents and employees, in connection with Vendor's participation in the Texas Trade Days markets and in the performance of services, work or activities under this Agreement; and 2. Vendor 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 Vendor Rental Agreement and Policy Terms.
63. LIMITATIONS ON LIABILITY: The Company is not liable to any vendor 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 Company’s 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 Vendor for their rental space in this Agreement.
TXTDVA-V9-20250101
Below is the current web copy of the 2025 Texas Trade Days Vendor Rental Agreement and Policy, version TXTDVA-V9-20250101.