Vendor Agreement
Vendor Agreement
This agreement made on this day, the ___________of month _________between _________________________________AKA “Vendor” and The Artisan Shop & Studio, AKA “Owner,” and also referred to in the agreement as “The Shop.” In consideration of all terms and conditions herein, the Owner does herby rent a space in the ___________ room, space size ____________to a depth of three feet from the rear wall for the rental price of $_________.
Space size rented (initial all that apply):
1. Lease Term– The term of this agreement shall commence as of the date first written above and shall continue from the first day of the month immediately following, if not the first day of the month, for six months (first to last day of the month) tenancy unless terminated by the Owner. All terms and conditions of this agreement shall continue as long as the vendor holds true to the agreement as listed within these terms above and below. If the Vendor and the Owner would like to continue their relationship at the end of the Vendors tenancy the Vendor will be required to sign a new agreement. The Owner reserves the right to refuse rental space to any prospective tenant regardless of previous rental agreement.
2. Rent– Rent is to be paid monthly in full, by the 1st of the month, in the sum of $ . No partial rental fees will be accepted. The first month’s rent is prorated based on the date moving in if applicable. Any rent paid after the 5th day of the month will have a 10% late fee, or after the 10th day of the month, will have a 15% late fee. After the 15th day of the month, if rent has not been paid, items in the Vendors space will be subjected to removal from the space by The Shop. The first and the sixth months’ rent is due before moving into a space. There are no refunds if the Vendor voids the agreement prematurely and the total rent remaining for the term of the lease will be owed to the Owner. Rent will be taken out before the monthly vendor sales payout is paid to the Vendor each month. If the Vendor sales are not more than monthly space rent, the Vendor will be responsible to pay the difference before the 5th of the month. The Vendor may pay their rent via check, money order, ACH transfer, credit, debit card or cash.
3. Product and Services Sales– All sales are required to be processed through The Shop’s Point of Sale System and have tax collected. Sales are not allowed from the Vendors space directly. Any sales that do not go through The Shop Point of Sale system will violate this agreement and serve as cause to terminate it. No refunds for rent will be made. Vendors will be paid by ACH deposit on the 1st of the month. Commission is figured at 15% of the selling price of your merchandise. The Vendor will have access to view their sales daily through the Vendor Portal on Consignor Access. The Shop will provide the Vendor a sales report of their items when requested. Reports can be requested in writing a maximum of twice a month. All sales are final with a no return policy unless the item is returned within 48 hours as defective due to craftsmanship. If the Vendor posts discounts on their products, the Vendor must notify The Shop in writing to make the change in the Point-of-Sale system for accurate check out. The Shop will submit Vendor payments for the previous months sales less the obligatory 15% commission to the bank on the 1st of each month. This payment will be delivered to the Vendor through an ACH payment. The Vendor is required to set up their banking information with The Shop’s third-party provider to be able to process these payments.
4. Merchandise– The Vendor agrees and understands by signing this agreement that space rented must be maintained, minimum monthly attention to space by the Vendor. All merchandise must be kept within each vendor’s assigned space. Customer walkways shall not be obstructed by merchandise. The Owner reserves the right to restrict merchandise that may not fit the profile of The Artisan Shop & Studio. The Vendor can designate items to be cross merchandised throughout the store. Cross merchandising is at the sole discretion of The Shop personnel. Merchandise selected for display and the length of time the items are displayed in the common areas of the shop including The Shops windows is at the sole discretion of The Shop personnel. Cross merchandise products and displays will be rotated regularly throughout the shop. If a concern arises about merchandising The Shop Owner will be the decision maker. The Artisan Shop & Studio restricts and will review the sale of any pornographic material or any objectionable printed material, books, etc. No weapons, explosives, illegal or any items that could cause harm is permitted in The Shop. The Vendors items that are on The Shops premises must be entered into The Shops inventory system in Consignment Access. Ne exceptions will be made. If there is an item that is NOT FOR SALE (NFS) or DISPLAY ONLY, it must be tagged accordingly. The Vendor is responsible for the pricing of their items. Each price tag will need to be printed by The Shop staff and affixed to the item by the Vendor. The Shop staff will not be responsible for affixing labels to products. The Vendor is responsible for ensuring their tags are legible, not damaged and affixed to the appropriate product. The Shop staff is not responsible for the difference in price for items that have the wrong tag affixed to the product. In the event that a customer wishes to purchase a product that does not have a price tag The Shop will attempt to contact the Vendor to determine a price. If the Vendor cannot be reached The Shop will make an educated guess on the price of the item based on the Vendors other products.
5. Insurance- Owner/Employees of The Shop shall not be liable for and assumes no responsibility for any physical loss or damage at any time to the property of the vendor. Such as theft, burglary, mysterious disappearance, fire, water damage, hurricane, tornado, insects, mold, etc. The Shop shall provide general property liability insurance on the premises, but this will NOT cover any loss the Vendor may incur. The Owner is not responsible for any physical injury to the Vendor or any associated person assisting the Vendor in their space. The Vendor agrees to not hold The Shop or their representatives responsible any loss or damages. The Vendor is encouraged to seek their own insurance.
6. The Artisan Shop & Studio Online Store- The Shop may launch and maintain an online store. Vendors are invited to participate as part of this agreement. The Vendor is responsible for pictures of their merchandise to be offered online. The Vendor will need to follow The Shops photo and product guidelines for the photos and items to be loaded correctly to the online store.
7. Termination- This agreement shall cover the six-month lease unless the Owner delivers to the Vendor a written notice of its intentions to terminate the agreement at least 30 days in advance. If this agreement is terminated by the Owner, the Vendor has the time frame listed above to remove all items from their space. If the items are not removed or are only partially removed the Owner will remove the items. The Owner and all of The Shop’s representatives are not liable for any damage or missing items. The Vendor space must be left how it was received prior to set up and construction. All construction must be taken down at the end of the rental period unless otherwise approved by The Shop. After the 30 days of notice by the Owner, if items remain at The Shop, the items will become property of The Shop and the Owner will be entitled to all proceeds from the sale of those items.
8. Communication- The Vendor is aware that the Owner or employees of The Shop may contact them by phone, email, text or by or social media messaging if applicable. The Vendor consents to the Owner communicating by these methods, unless otherwise established upon agreement. The Owner may contact the Vendor regarding business-related issues that may arise. The Owner may contact the Vendor for customer request for merchandise offers/discounts unless otherwise established upon agreement. If a customer requests a refund due to a defective product The best way to contact the Vendor: _______________________________________________________
Phone Number: ________________________________________________________________________________
Email address: _________________________________________________________________________________
Social media: (business or personal): _______________________________________________________________
9. The Mall- The Promenade Shop at Centerra and their Owners have the right to move the location of The Artisan Shop & Studio or terminate The Shops lease agreement at any time. In the event that this were to occur The Shop will notify the Vendor within a reasonable time frame and make arrangements with the Vendor to either move their product to a new location or terminate this lease agreement.
10. Theft– Any vendor found to be stealing (either from another vendor or from The Shop) will forfeit all monies that may be due to them and will immediately be asked to exit the premises. The standard 30-day notice and move-out procedure will not apply in this situation. In this situation representatives from The Shop and a neutral third party will break down and pack up the items. The Shop will then reach out to the Vendor and arrange for the items to be picked up. Police may be called and/or legal involvement may also be taken.
11. Advertising- Vendors are required to promote The Shop and their space a minimum of four times a month. This can be done in several different ways including social media- Facebook, Instagram, YouTube, TikTok etc. Share flyers at shows and fairs where you are a vendor and other advertising methods. The Shop will also post on social media as well as community bulletin boards and calendars.
12. Vendor Space and Housekeeping– The Vendor is responsible and liable for any props, shelves and or displays used in their space. The Vendor is required to ensure they are installed properly and that all items are safe for reasonable public use. Vendors are expected to keep their rented space clean, full, and appealing to customers. When stocking the space, Vendors are required to remove all packaging and non-sellable materials from The Shop. The Shop staff will conduct day to day general cleaning and maintenance of all common areas.
13. Vendor Documentation- To the extent that The Shop requests and requires documentation from Vendor, Vendor shall provide The Shop with true and correct copies of any required documentation, including but not limited to, business licenses, permits, sales tax certificates, certificates of authority, and certificates of insurance.
14. Indemnification- Vendor agrees to indemnify, defend, and hold harmless The Shop, its managers, its members, its affiliates, officers, employees, agents, and representatives from and against any and all losses, lawsuits, judgments, causes of action, costs, damages, claims (actual or alleged) and expenses resulting from claims for nuisance, bodily injury, tort, death, property destruction, and/or property damage arising out of or incidental to or in any way resulting from the acts or omissions, whether negligent or otherwise, of the Vendor, its employees, subcontractors or sublicense.
NOTICE TO VENDOR, DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT AND FULLY UNDERSTAND THE EXPECTATIONS AS A VENDOR WITH THE SHOP. VENDOR HEREBY ACKNOWLEDGES BY SIGNING THIS AGREEMENT THAT HE/SHE HAS READ, UNDERSTOOD AND ACCEPTS ALL TERMS AND CONDITIONS EXPRESSED IN THIS AGREEMENT.