Vendors: Please read the below Vendor Community Rules and Regulations, upon payment for your booth, you are required to acknowledge and agree to the Vendor Community Rules and Regulations.
2019 Season - Community Rules and Regulations
The Cleveland Flea, LLC, 2019 Season Vendor Rules and Regulations
These Cleveland Flea 2019 Season Vendor Rules and Regulations (“Rules and Regulations”) govern vendor conduct and the rental of booth space at any Market powered by the FLEA during the Season, including but not limited to The Cleveland Flea, Sunday Market, and/or Night Market (collectively “Markets”, each a “Market”). Vendor must comply with, and cause its employees, contractors, agents and guests to comply with these Rules and Regulations. The Cleveland Flea, LLC (hereinafter “FLEA”) may modify or supplement these Rules and Regulations time to time for the good order, safety, care and cleanliness of the Markets.
The Rules and Regulations are in addition to, and made a part of, the 2019 Season Vendor Agreement between Vendor and FLEA (the “Agreement”). Capitalized terms used, but not defined herein, shall have the meanings set forth in the Agreement.
(1) Use of Space.
(a) Assigned Space.
Spaces are assigned to vendors by FLEA, in FLEA’s sole discretion, on or prior to the applicable Market dates. Vendor may not assign its Space(s). Each Space measures approximately 10’ x 10’, but size, location and configuration of individual Spaces will vary. Vendor may, if deemed necessary by FLEA, purchase a larger space.
Please be advised that merchandise set-up cannot exceed the parameters of any assigned Space. It is essential that Vendor leaves room for entry and exit to any Space.
(b) Permitted Merchandise.
Vendor may use the assigned Space only for the marketing, promotion and sales of “Permitted Merchandise,” meaning only the products and/or merchandise identified and described by Vendor in the Application and approved by FLEA. Vendor is not permitted to sell any additional or different merchandise without prior written approval by FLEA. FLEA may require Vendor to remove any non-permitted merchandise in its sole discretion at any time.
(c) Operating Dates & Market Hours.
The 2019 Markets are open to the public on the following dates, and during the Hours of Operation more fully set forth in the Vendor Packet provided to Vendor by the FLEA prior to each Market:
Saturday, May 4, 9am-4pm
Sunday, May 5, 9am-4pm
Saturday, July 13, 9am-4pm
Sunday, July 14, 9am-4pm
Saturday, September 21, 9am-4pm
Sunday, September 22, 9am-4pm
Except as otherwise provided below, Vendor only has the right to enter and use their assigned Space during the Hours of Operation.
Vendor shall be required to continuously use, occupy and operate its assigned Space during all Hours of Operation. Any Vendor whose assigned space is not open, staffed and operating for any portion of the day may, in FLEA’s sole discretion, be prohibited from any further selling that day and required to pack-up and leave the Market without prior notice. In such case, Vendor’s pre-paid Rental Fee will not be returned.
Acknowledging that the Market is outdoors, the Market will be open rain or shine, and will not be cancelled unless extreme weather circumstances endanger vendors’ and patrons’ safety. Any such decision to cancel shall be left solely to FLEA. Unfortunately, because FLEA costs associated with Vendor Rental Fees are fixed, Vendor’s pre-paid Rental Fee will not be returned in the event that a particular Market may be cancelled due to weather.
(2) Vendor Load-In/Set-up.
(a) Vendor Load-In.
Vendor will be advised as to the location of its Space prior to the applicable Market date(s) or upon arriving at the Market during the appointed Vendor set-up period on the applicable Market date(s). Vendor will also be assigned a set-up time, at which time Vendor may access its assigned space for load-in/set-up on the applicable Market date(s).
Vendor must be completely set-up and ready to sell to the public as set forth in the Vendor Packet. If Vendor fails to show up on time (i.e., arrival, set up, open and staffed by a dedicated employee or operator), FLEA may, within its sole discretion, assess a twenty five dollar ($25.00) penalty that will be invoiced to Vendor. Further, FLEA may, within its sole discretion, prohibit Vendor from any further selling that day and require Vendor to pack-up and leave the Market without prior notice. In such case, Vendor’s pre-paid Rental Fee will not be returned.
(b) Vendor Load-Out/Tear Down.
Tear down and/or load-out may only commence once the selling day ends and the Market is closed to the public. Vendor may not close for business at the end of any selling day unless Vendor has obtained prior written approval from FLEA expressly permitting such.
Vendor must completely remove all merchandise and/or items within and completely vacate the Space as set forth in the Vendor Packet. Any oversized items left behind and otherwise not properly disposed of, including, but not limited to furniture, fixtures or other merchandising materials, may result in the assessment of an additional trash removal fee of $100. Vendors must leave their Space in broom-clean condition.
FOOD VENDORS: Food Vendors must completely remove and take with them any grease/oil for off-site disposal.
(a) Equipment Required.
Each Vendor is responsible for providing its own tent, tables, chairs, and display surfaces, although there is not a specific requirement to what your set-up should look like. We strongly encourage creativity with how you display yourselves and your goods, and have a preference toward vendors who plan to use handmade or fabricated signage that will add to the visual fabric of the Market environment. We encourage vendors to plan their merchandise set-up in advance.
FOOD VENDORS: In addition to the requirements set forth above, if Vendor is selling food that is cooked on site and/or edible on site are required to provide AT LEAST one (1) trash can for use by the public, which Vendor is responsible for maintaining during the course of the Market. If Vendor does not provide a trash can, Vendor shall be charged a twenty five dollar ($25.00) fee.
(b) Electric Services.
Limited electricity is available for vendors for whom it is critical. If Vendor requires electricity for its Space, Vendor must notify FLEA of Vendor’s exact electrical requirements no fewer than fourteen (14) days in advance of any applicable Market date(s). While FLEA provides power to necessary Spaces, Vendor is responsible for providing extension cords and other necessary equipment. If Vendor requests power, there shall be a twenty five dollar ($25.00) fee for electricity, per duplex (2 outlets) on a 20-amp circuit, per market day. The use of generators for electricity (i.e. food trucks) must be pre-approved by FLEA.
(c) Risk of Loss; Safety.
Vendor is solely responsible for maintaining and securing products and or furnishings. For the safety of guests and other vendors, in the event that Vendor fails to properly secure its tent, Vendor shall be subject to a one hundred dollar ($100.00) fee and possible expulsion from the market and Vendor’s pre-paid fee will not be returned. Further, FLEA may request that certain equipment not be used at its own discretion. FLEA is not obligated to repair any damage to products and or furnishings on the premises, nor is the FLEA responsible to replace any lost, damaged or stolen items.
(4) Taxes, Licenses, and Business Practices.
Vendor is responsible for abiding by all state and federal tax laws and collecting the applicable Ohio state sales tax for each transaction. For more information, contact the Ohio Department of Revenue or view taxation requirements on its website.
FOOD VENDORS: Food vendors are required to contact the City of Cleveland Health Department and Division of Fire to obtain licenses for their specific type of businesses.
Vendor is required to research and obtain and maintain licenses, permits, and insurance as necessary and/or required by law to conduct your business. FLEA shall not be responsible for any damages, penalties, or fees incurred as a result of your failure to do so.
(5) Marketing Permission.
Vendor agrees to permit FLEA to use Vendor’s name, logo, product description and photographs for promotional materials and marketing purposes. Vendor further agrees to release all rights or claims in connection with the photo(s)/videotape in which they appear, for use by FLEA and all sponsors. The photo(s)/videotape, if used, will be for the promotional purpose of assisting future FLEA events. Vendor waives any right to inspect or approve photo(s)/videotape. All photographs, negatives and videotapes shall constitute the sole property of FLEA.
(6) Vendor Conduct.
Vendor acknowledges that the Market is a unique family-friendly, positive community event, and only accepts vendors who foster the same atmosphere. Accordingly, failure to respect and treat FLEA employees, other vendors, customers, or guests kindly will not be tolerated. If you feel that there is a vendor, customer, or guest you are unable to serve for any reason, contact a FLEA officer, or any person so designated, immediately.
The conduct listed below is prohibited and will not be tolerated by FLEA. Like with any breach of the Vendor Agreement or these Rules and Regulations, consequences may include being prohibited from any further participation at a particular Market or during a Season and being required to pack-up and leave a Market without prior notice. In such case, Vendor’s pre-paid Rental Fee will not be returned. Just be nice, have fun, and everything will be great.
This list of prohibited conduct is illustrative only; other types of conduct injurious to security, personal safety, public welfare, and operations may also be prohibited:
Interfering with other vendors’ sales or booth space.
Performing unauthorized sales during any applicable Market dates.
Engaging in actual or threatened physical violence or abuse toward another vendor, customer, or guest.
Any act which might endanger the safety, health, or lives of others.
Bringing personal firearms, weapons, or any other potentially dangerous items into the Market.
Insubordination or refusal to follow the directions of FLEA officers, or any person so designated, or other disrespectful conduct toward the same.
Non-business related conduct, either verbal or physical, which other vendors, customers, or guests find to be offensive, especially conduct of a sexual nature.
Use of obscene or abusive language.
Yelling or acting inappropriately in front of other vendors, customers, or guests.
Abusing of alcohol or the illicit use, possession, sale, conveyance, distribution, or manufacture of illegal drugs, narcotics, intoxicants, controlled substances or prescription drugs.
Fighting or arguing with another vendor, customer, or guest.
Smoking anywhere on Market premises.
Theft or causing damages of any kind.
Failure to conduct oneself in a friendly and professional manner with other vendors, customers, or guests.
Selling or displaying culturally-appropriative items or items that portray a culture, ethnicity, gender identity, race, or other defining quality in a derogatory or demeaning way.
Unapproved sharing of booth space with a vendor who has not been approved.
(7) No Future Obligations to Vendor.
Vendor acknowledges that FLEA is under no obligation to offer Vendor the opportunity to continue its participation at the Market for subsequent dates, or in any other FLEA events.