ZIONSVILLE FARMERS’ MARKET VENDOR CONTRACT

In consideration for the privilege to participate in the 2025 Zionsville Farmers’ Market (“Market”), Zionsville Farmers’  Market, Inc. (“ZFM”) and the undersigned vendor (“Vendor”) agree to the following:

 

1. ADMINISTRATION

The Market is administered by a Market Manager and Market Coordinator, appointed by ZFM. The Market Manager and Market Coordinator oversee the Market and have final authority to admit vendors, assign vending space, settle disputes, and disqualify vendors for violating the terms and conditions of this Contract. ZFM sets fees and determines Market policies. 

 

2. TIMES OF OPERATION, SET-UP, AND TAKEDOWN

The Market shall be open on Saturdays, rain or shine, from May 17, 2025 to September 27, 2025 (hereinafter “Season”), from 8:00 am until 11:30 am in Zionsville on Main Street between Hawthorne and Pine Streets, as well as in the town parking lot to the West (“Zionsville Public Parking Lot”). At ZFM’s discretion, the Season shall be adjusted as may be required due to conflicting or overlapping town-sponsored events.

 

The market area will open at 7:00 am for Vendor set up. Vendor must unload its vehicle by 7:45 am. NO VENDOR WILL BE ALLOWED TO ENTER OR EXIT THE VENDING SPACE IN A MOTOR VEHICLE EXCEPT DURING THE PERIOD FROM 7:00 AM TO 7:45 AM.

 

Vendor must be set up and ready for business by 7:45 am. If unable to set up by that time, Vendor must notify the Market Manager as soon as possible at (317)-798-8019.  If Vendor is not set up by 7:45 am and has not informed the Market Manager prior to 7:45 am that he/she will be late, Vendor may be fined $25. If Vendor will not attend a Market day, Vendor shall notify Market Manager and/or Market Coordinator no less than 72 hours prior to the start of the Market day. If Vendor does not inform Market Manager and/or Market Coordinator as described, Vendor may be fined $25. Absolutely no selling can begin before the 8:00 am opening of the Market.

 

Vendor MUST cease selling and operations at 11:30 am. Vendor must vacate the premises by 12:00 pm and clean up and remove all trash, including cooking waste, prior to departure. Vendor is strictly prohibited from disposing of waste at the Market site, including its sewer drains.

 

3. PRODUCTS

Vendor must make good faith efforts to bring ample product to sell during Market hours. If Vendor sells out of all product before the Market is closed for the day and wishes to exit the Market, Vendor must contact the Market Manager or a ZFM representative and may exit the grounds only if the Market Manager or a ZFM representative determines that public safety is not placed at risk and other vendors are not inconvenienced.

Product prices should be appropriately displayed for customers. Vendors are encouraged to accept debit/credit cards and to be WIC and SNAP approved.

 

Vendors must sell only farm products that have been grown or made in Indiana. All Market goods must be Indiana fresh garden or farm produced, grown, raised or processed; products may not be purchased from a wholesaler or retailer and resold by a Vendor. If farm products are being sold from a grower by a vendor, the growers product is required to be clearly labeled with the original grower’s name and address. The intent of this policy is to ensure the source of products available to ZFM customers.

 

The primary ingredients in the processed foods must be grown or processed in Indiana, except in those cases where Vendor sells products, such as baked goods, prepared by the Vendor in a licensed facility.

The Market Manager and Market Coordinator  reserve the right to request and review Vendor records at any time for the purpose of confirming the source of products sold. The Market Manager and Market Coordinator also reserve the right to perform farm or facility inspections at his/her sole discretion. 

 

To the extent allowed by applicable law, ZFM may allow Vendor admittance into the Market who may not fit within the above-referenced category if Vendor’s product is determined at the sole discretion of ZFM to meet a need of the Market or its customers. 

 

All vendors, whether admitted to the Market under this exception or otherwise, must apply and be accepted into the Market on an annual basis. ZFM is not bound by any prior decision to accept a vendor.

 

4. EXCLUSIVITY

The Market does not offer exclusive rights to Vendor to sell any particular product. Market customers generally benefit from having a choice. However, if ZFM believes the number of vendors offering the same or similar products is excessive, duplicate products may be denied entry.

 

5. PRODUCTS NOT PERMITTED FOR SALE

No potentially hazardous foods may be sold (this includes, but is not limited to, sprouts and pokeweed). Some plants, berries and roots are poisonous. Be sure all items are considered edible before selling. If you have a question, please call the Poison Control Center at the following toll-free number 1-800-222-1222. Any products purchased from auctions or docks are strictly prohibited. 

 

Craft items are not considered Market goods. The Market Manager and Market Coordinator have the authority to prohibit the sale of goods that do not qualify. To the extent allowed by applicable law, ZFM may allow Vendor admittance into the Market if Vendor’s product is determined at the sole discretion of ZFM to meet a need of the Market or its customers. 

 

6. ADDITIONAL HEALTH AND SAFETY REQUIREMENTS

Vendor is responsible for and shall fully comply with all applicable laws, regulations and ordinances pertaining to its Market products, and shall have obtained all necessary licenses, permits and inspections prior to selling any products at the Market. Vendor must follow all Federal, state, and local health and safety regulations. For example, all baked goods must be made in a kitchen fully licensed and approved by all applicable health agencies. All goods offered for sale labeled “organic” must be certified by an accredited agency. All items intended for human consumption must be kept at least thirty (30) inches off the ground at all times, be under cover by tent or umbrella, and be in safe and sound condition. This includes produce sold directly from crates or boxes.

 

Vendor shall also provide any other food warnings required by Federal, state, or local law. Any Vendor selling honey is required to inform customers, either verbally or in writing, of the danger of feeding honey to infants and children under 2 years of age. The Boone County Health Department may be contacted at (765) 483-4458. 

The Boone County Health Department routinely inspects farmers’ markets. If selling goods by weight, Vendor must supply a legally approved and accurate produce scale, which is subject to periodic inspection by the Boone County Department of Weights and Measures. Vendor agrees to comply with any findings and pay all fines imposed by the Health Department pertaining to its operation. ZFM reserves the right to be reimbursed by Vendor for any fines it incurs due to Vendor violations of Health Department regulations.

 

7. ASSIGNMENT AND LIMIT OF SPACE

Vendor can rent one space, 1, 2 or 3 spaces, with a maximum of 3 spaces. No space shall be deeper than 10 feet, without Market Manager and/or Market Coordinator permission or unless otherwise assigned. Spacing will be designated by ZFM along Main Street, and in the Zionsville Public Parking Lot. Displays must fit within the rental space. Vendor shall not make any modifications or alterations to existing pavement, curbing, signs, striping, fixtures, trees, shrubs, or flowers in the Market location. The Market Manager and/or Market Coordinator will assign spaces accordingly. 

 

8. EQUIPMENT AND SUPPLIES

Vendor must supply its tables or other display equipment; umbrellas, canopies, tents or other weather protection equipment. All umbrellas, canopies, and tents must be NFPA 701 compliant per Indiana Fire Code. Vendor must provide and attach a minimum of 40 pounds of weight to each corner of its umbrellas, canopies, and tents. Vendors should also include signage in their stand that includes farm name and location as well as form(s) of payment accepted. Use of trailers and trucks in the market area during market times must be pre-approved by the Market Manager and/or Market Coordinator. 

 

9. RENTAL FEES

The normal rental fees are as follows:

• $175.00 for the entire 2025 Farmers’ Market for one 10x10 foot space

• $175 for each additional full space for a maximum of 3 adjoining spaces

• $25.00 for a one-day rental of a single 10x10 space

Vending spaces will not be reserved until the Contract is executed and applicable fees have been received by ZFM. Spaces will be assigned on a first come first served basis. Checks should be made payable to “Zionsville Farmers’ Market, Inc. or “ZFM.” Under no circumstance will Vendor be allowed to participate in the Market without first executing this Contract and paying all applicable rental fees. No refunds will be issued if not requested by May 1, 2025.

 

Payment in full of the rental fees entitles Vendor to a particular reserved spaces(s) for the entire Market season. If Vendor is unable to attend a Market day, Vendor’s space may be used for that day as the Market Manager and Market Coordinator determine. 

 

10. PART-TIME VENDOR

A vendor who is approved to and purchases space per day (“Part-time Vendor”) will NOT be assigned a permanent space and is not guaranteed space at any given Market. Part-time Vendor fees are due and payable on Part-time Vendor’s approved Market day prior to Part-time Vendor’s sale of any Market goods. Part-time Vendors must notify Market Manager and/or Market Coordinator at (317)-798-8019  or farmersmarketzionsville@gmail.com at least one week in advance of the Market day to seek a spot in any given Market. 

 

11. TAXES

The Vendor shall be responsible for any and all taxes related to Vendor’s operation at the Market.

 

12. INSURANCE

Vendor agrees to obtain a certificate of general liability insurance and will maintain insurance as a Vendor participating in the Market and will list Zionsville Farmers’ Market, Inc. as an additional Insured. This policy shall be primary insurance as to ZFM so that any other coverage held by ZFM shall not contribute to any loss under Vendor’s insurance.

 

13. ADDITIONAL TERMS

ZFM reserves the right to cause Vendor to be subject to additional terms, conditions, and rules and to apply them under this Contract.

 

14. BREACH

ZFM, in its sole discretion, may find Vendor to be in breach of this Contract. Such breach shall be cause for immediate termination of the Contract and will result in Vendor not being allowed to return to the Market for the remainder of the Season. Further, there shall be no refund of Vendor fees or costs incurred. At ZFM’s sole discretion, Vendor may be given by ZFM, Market Manager, or Market Coordinator one verbal warning regarding any violation prior to additional action being taken by ZFM against Vendor.

 

15. RELEASE AND COVENANT NOT TO SUE

To the extent permitted by applicable law, Vendor hereby agrees to hold harmless, release, waive, and forever discharge ZFM, the Town of Zionsville, the Market Manager, the Market Coordinator, their employees, agents, volunteers, officers and from all causes of action, damages, liabilities, and expenses whatsoever, including reasonable attorneys’ fees and court costs, to which Vendor may be entitled that may arise out of or are the result of the Vendor’s participation in the Market or as a result of operation of this Contract. 

Vendor will not institute any action, suit at law or in equity, or other legal action against ZFM, the Town of Zionsville, the Market Manager, the Market Coordinator, their employees, agents, volunteers, officers, or designees for any damage, loss, or injury to any person or property, or both, that Vendor or its executors or administrators may have for any matter, cause, or thing whatsoever which may arise out of or result from Vendor’s participation in the Market or as a result of operation of this Contract. Further, Vendor agrees not aid in the institution or prosecution of any claim for damages, costs, loss of services, expenses, or compensation for or on account of any damages, loss or injury to person or property as a result of operation of this Contract. This section 15 shall survive any termination of the Contract.

 

16. INDEMNIFICATION AND DUTY TO DEFEND

To the fullest extent permitted by law, Vendor shall (1) immediately defend, and (2) indemnify ZFM, the Town of Zionsville, the Market Manager, the Market Coordinator, their employees, agents, volunteers, officers and designees from and against all liabilities regardless of nature or type arising out of or resulting from Vendor’s participation in the Market, as a result of operation of this Contract, or any negligent or wrongful act or omission of Vendor or Vendor’s officers, employees, agents, or subcontractors. 

Liabilities subject to the duties to defend and indemnify include, without limitation all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Vendor’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.

The duty to defend is a separate and distinct obligation from Vendor’s duty to indemnify. Vendor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by ZFM, ZFM, the Town of Zionsville, the Market Manager, the Market Coordinator, their employees, agents, volunteers, officers and designees, immediately upon tender to Vendor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Vendor asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an indemnified party, Vendor may submit a claim to ZFM for reimbursement of reasonable attorneys’ fees and defense costs. This section 16 shall survive any termination of the Contract.

 

17. LAW AND VENUE

This Contract shall be interpreted and construed according to the laws of the State of Indiana and venue of any dispute shall be Boone County, Indiana.

 

18. SEVERABILITY AND WAIVER

In the event that any clause or provision of this Contract is held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any other provision of this Contract. Failure of either party to insist on strict compliance with any provision of this Contract shall not constitute waiver of that party’s right to later demand compliance with the same or other provisions of the Contract.

 

19.  MARKET DATES

May 17, 2025

May 24, 2025

May 31, 2025

June 7, 2025

June 14, 2025

June 21, 2025

June 28, 2025

July 5, 2025

July 12, 2025

July 19, 2025

July 26, 2025

August 2, 2025

August 9, 2025

August 16, 2025

August 23, 2025

August 30, 2025

September 6, 2025 *The Market on September 6, 2025 will be restricted to the off-street parking lot. Because of the space limitations, not all vendors will be included in this market. Vendors for this Market will be selected for participation based on criteria set by the ZFM Board. If a vendor is selected to attend, the vendor agrees to participate in the market and abide by any additional restrictions applicable to this market (e.g. specific entry and exit times and similar restrictions to be communicated closer to the market date). 

September 13, 2025

September 20, 2025

September 27, 2025

 

Vendor hereby acknowledges and agrees that Vendor has read and understood the terms of this Contract. Vendor further agrees to adhere to the terms of this Contract and understands that Vendor’s failure to comply with the terms of this Contract subject Vendor to termination of the contract and termination of participation in the Market.

This Contract is effective upon signature of Vendor and a ZFM representative and is valid for the 2025 Market Season only and shall terminate at the close of the Market Season on September 28, 2025.

 

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