Vendor Agreement 2025
As a condition to its participation in the Steadfast Markets, LLC dba “Eastmark Farmers Market”, Vendor expressly acknowledges and agrees to the following:
1. Fee Structure. Vendor agrees to remit the following fees to Steadfast Markets, LLC dba “Eastmark Farmers Market”.
Participation Fee: A flat fee of $35.00 shall apply beginning with the start of the Eastmark Farmers Market in November 2025. This introductory fee will remain in effect through March 2026, at which time the Market will reassess and may adjust its fee structure upon notice to Vendors.
Invoices & Payment: Vendor will receive a monthly invoice from Eastmark Farmers Market reflecting participation fees for that month. Payment is due upon receipt of the invoice and must be completed prior to the Vendor’s next scheduled Market date.
Changes in Fee Structure: Eastmark Farmers Market reserves the right to modify its fee structure at any time, upon notice to Vendor, including, without limitation, notice provided via signage displayed at the Market or by email communication.
2. Proof of Insurance. Prior to Vendor’s first day participating in the Eastmark Farmers Market, Vendor must provide Eastmark Farmers Market with proof of commercial general liability insurance in an amount not less than $1,000,000 per occurrence for property damage, bodily injury, and personal injury with an insurance carrier acceptable to Eastmark Farmers Market. Steadfast Markets, LLC, City of Mesa, its officials, officers, elected and appointed officials, and employees shall be named as additional insureds on Vendor’s general liability insurance policy. Upon request, Vendor shall deliver to Eastmark Farmers Market a certificate of insurance and endorsement evidencing such coverage.
3. Proof of Licensing (Non-Food Vendors Only). Prior to Vendor’s first day at the Eastmark Farmers Market, Vendor must provide Eastmark Farmers Market with a copy of Vendor’s City of Mesa Business License along with any other applicable licenses, permits, and items required by the City of Mesa and/or Maricopa County Health Department, phone 602-506-6872.
4. Tents and Tables. For the Eastmark Farmers Market, Vendor must provide its own 10x10 tent, preferably white, with straight legs, along with a table and tablecloth. Each tent must be secured by four (4) tent weights of at least 30 pounds per tent leg. The weights must be directly attached to the tent (not straddling or resting on top of the tent leg.)
5. Ownership. Vendor acknowledges that Eastmark Farmers Market is the owner of all right, title, and interest in and to all Eastmark Farmers Market trademarks, logos, and names, including, without limitation, EASTMARK FARMERS MARKET and any related branding (“Eastmark Property”). Any use of Eastmark Property by Vendor shall be subject to prior review and written approval by Eastmark Farmers Market.
6. Vendor Warranties. Vendor warrants that its participation at the Eastmark Farmers Market shall be performed in a professional manner, consistent with industry standards and in accordance with the Eastmark Farmers Market Rules and Regulations, which are hereby incorporated by reference. Vendor warrants that its participation in Eastmark Farmers Market shall comply with all applicable laws and regulations, as well as any city ordinances. Vendor warrants that all goods and services offered (“Vendor Products”), and any intellectual property, logos, and advertisements, and/or trade names it uses (“Vendor Marks”), do not and shall not infringe, violate and/or misappropriate any third party’s rights. Vendor warrants that it has all the rights, power, and authority necessary to display, use, offer, and sell the Vendor Marks and the Vendor Products.
7. Indemnification. Vendor agrees to defend, indemnify, and hold harmless Eastmark Farmers Market and its affiliates, managers, members, employees, and representatives from and against any and all loss, damages, liabilities, costs, and expenses (including attorney’s fees), incurred in connection with any claims, allegations, or suits arising from or relating to: (a) Vendor’s participation in the Eastmark Farmers Market, including but not limited to the acts, omissions, or sale of goods by Vendor or its employees, agents, representatives, or guests (collectively, “Vendor Parties”), including, without limitation, injury or illness to market customers or damage to the City of Mesa property; (b) any breach by Vendor of this Agreement or the Rules and Regulations; (c) any violation by Vendor of applicable laws, regulations, or ordinances; and (e) any infringement or other misappropriation by a Vendor Party of any third party’s intellectual property rights.
8. Responsibility for Taxes. Eastmark Farmers Market shall not be responsible for withholding or paying any income, payroll, social security, or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining worker’s compensation insurance on Vendor’s behalf. Vendor shall be solely responsible for, and shall indemnify Eastmark Farmers Market and its affiliates from and against, any such taxes or contributions, including penalties and interest. Notwithstanding the foregoing, certain legislation applying to state administered sales taxes, commonly known as marketplace facilitator laws may require Eastmark Farmers Market to collect and remit taxes directly to the taxing authority for sales made through Eastmark Farmers Market based on product descriptions provided by Vendor.
9. Modification; Right to Terminate Vendors Participation. Eastmark Farmers Market and the Rules and Regulations may be amended or modified by Eastmark Farmers Market in its sole and absolute discretion. Unless otherwise indicated by Eastmark Farmers Market, any such amendment or modification shall be effective immediately upon notice to Vendor, including, without limitation, notice provided via signage proximately displayed at Eastmark Farmers Market and/or notification(s) provided on the Eastmark Farmers Market website. Eastmark Farmers Market reserves the right to immediately terminate Vendor’s participation at Eastmark Farmers Market for any or no reason, without liability of any kind.
10. DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EASTMARK FARMERS MARKET IS PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.THE EASTMARK FARMERS MARKET DOES NOT WARRANT THAT THE OPERATION OF THE MARKET AND/OR THE EASTMARK FARMERS MARKET WEBSITE WILL BE ERROR FREE. VENDOR’S PARTICIPATION IN THE EASTMARK FARMERS MARKET IS AT ITS OWN RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EASTMARK FARMERS MARKET WILL HAVE NO LIABILITY TO VENDOR FOR ANY LOSS, DAMAGES OR CLAIMS ARISING FROM VENDOR’S PARTICIPATION IN THE EASTMARK FARMERS MARKET.
11. Basis of the Bargain. Vendor acknowledges that the fees have been set, and its participation in the Eastmark Farmers Market is approved, in reliance upon the limitations of liability, remedies, and disclaimers of warranties and damages set forth herein, and that all such limitations and exclusions form an essential basis of the bargain between Vendor and Eastmark Farmers Market.
12. Governing Law; Venue. The Eastmark Farmers Market and the Rules and Regulations shall be governed by the laws of the State of Arizona without regard to its conflict of law principles. Vendor irrevocably consents to the nonexclusive jurisdiction and venue of the state and federal courts located in the State of Arizona.
If you have any questions about the 2025 Eastmark Farmers Market Vendor Agreement or the Rules and Regulations, please contact:
Nichole Zahorka, Market Manager, Eastmark Farmers Market, email nichole@eastmarkmarketaz.com,