Vendor Terms and Conditions

Faire Market Institute LLC

Milton, Wisconsin  |  Draft dated September 28, 2026

Draft for owner and Wisconsin counsel review before use.

These terms govern participation in Wisconsin markets organized by Faire Market Institute, LLC (FMI). The vendor identified in the reservation (Vendor) agrees to these terms for the event dates purchased. Each market date is an Event. The Event listing and registration confirmation identify the venue, dates, fees, and any additional operating requirements (Event Details).

1. Acceptance by payment

FMI will provide these terms and applicable Event Details before accepting payment. By submitting payment after receiving or being given clear access to them, Vendor accepts these Terms and Conditions for the purchased dates. The person submitting payment represents that they are at least 18 years of age and authorized Vendor representative. Vendor is the identified business entity, or as a sole proprietorship, its individual owner. Payment does not eliminate the need for FMI approval or required permits and insurance.

FMI may accept or decline an application. If FMI declines an application before confirming it, FMI will refund payments for that application. Confirmed reservations are personal to Vendor, nontransferable, and subject to these Terms and Conditions. Shared booths, subletting, and substitute vendor businesses are prohibited. Vendor may use it’s own staff and helpers and is responsible for their compliance.

PAYMENT MEANS ACCEPTANCE. Before paying, review all terms, including product restrictions, immediate shutdown rights, nonrefundable vendor cancellations, forfeiture after repeated unauthorized early departure, insurance, indemnification, and the limitation of liability.

2. Venue authority and operating directions

Vendor must comply with applicable law, Event Details, venue rules, and lawful directions from FMI, venue management, security personnel, and emergency authorities. Each property owner or manager retains authority over its premises, including access, layout, safety, products, hours, and closure. FMI may immediately implement and enforce those requirements. FMI does not control venue personnel or guarantee dedicated security or a particular emergency response.

FMI may issue immediate operational or safety directions, restrict activities, suspend sales, or close booths in its sole discretion, exercised in good faith and consistent with applicable law. Advance notice or a warning is not required, except for the specific early-departure procedure in Section 5. Operational directions do not independently change the refund rights stated in these Terms and Conditions.

3. Booth assignment and relocation

Standard spaces are approximately 10 feet by 10 feet, subject to the venue layout. No particular booth number, position, neighbor, visibility, foot traffic, or electrical connection is guaranteed. FMI or venue management may reassign or relocate Vendor within the same Event without advance notice, including during operating hours, for safety, access, vendor conflicts, venue requirements, or other operational reasons. Vendor must cooperate promptly and move its own property as directed.

Relocation alone does not entitle Vendor to a refund, credit, or reimbursement of moving costs. Vendor must supply it’s own tables, chairs, shelving, and displays, remain within its assigned area, and keep aisles and exits clear. This section authorizes booth changes within an Event; it does not authorize transferring a booking to a different venue or date without Vendor consent.

4. Product categories and sales restrictions

Vendor must accurately disclose its general product and service categories during registration and obtain approval before adding a materially different category. Item-by-item lists are not ordinarily required, but FMI may request information needed to evaluate suitability or compliance. Competing vendors and similar products are permitted. Vendor receives no exclusive product category or guarantee concerning competing businesses.

FMI or venue management may prohibit, limit, or require immediate removal of any product, service, claim, display, sign, or marketing material it considers unlawful, unsafe, unsuitable, or inappropriate for the Event, in its sole discretion exercised in good faith and consistent with applicable law. This authority applies even if the item is otherwise lawful or was previously allowed. These Terms and Conditions do not provide an exhaustive list of restricted items.

Vendor must immediately stop offering a restricted item and remove it from sale or display as directed. Vendor may choose to close its booth, but receives no refund for that Event date. If the restriction makes Vendor’s remaining product selection unsuitable for future participation, Vendor may request in writing to withdraw from specified prepaid future dates before those dates occur. FMI will refund the unused booth fees allocated to those withdrawn dates. This limited product-suitability option does not excuse unlawful conduct, misrepresentation, other violations, or a forfeiture already triggered under Section 5.

5. Setup attendance and departure

Setup and teardown times are specific to each Event as stated in Event Details. All times are particular to the venue. No early access is permitted. Vendor must be completely set up by the published opening time. Vendors arriving after opening will not be allowed to set up and are not entitled to a refund. FMI may also refuse unfinished setup that would disrupt the open market.

Vendor must remain open and staffed until the published closing time. Packing, dismantling displays, or leaving before closing without FMI authorization is an early departure. FMI will give one warning for the first unauthorized early departure. A later unauthorized early departure after that warning will result in cancellation of all Vendor’s remaining confirmed FMI Event dates and forfeiture of all prepaid booth fees for those dates, to the extent enforceable under applicable law. The warning applies across FMI Events covered by these Terms and Conditions. A warning may be given at the Event, with written confirmation afterward.

A departure directed by FMI, venue management, or emergency authorities is not an unauthorized early departure. Vendor should promptly notify FMI of an urgent medical or safety situation. Nothing requires anyone to remain in immediate danger. An excused departure does not itself create a refund right. Other misconduct may result in immediate action without the early-departure warning.

6. Payments and vendor cancellations

Payment reserves participation for the purchased dates, subject to approval and compliance. Unless an express refund provision in these Terms and Conditions applies or applicable law requires otherwise, paid booth fees are nonrefundable. No refund or credit is due for Vendor cancellation, illness, transportation problems, scheduling conflicts, inability to attend, no-show, late arrival, voluntary departure, poor sales, or dissatisfaction with competing vendors or booth placement.

For a booking covering multiple dates, the registration record will show the fee allocated to each date. If no allocation is stated, the total booth fee actually paid will be divided equally among the booked dates. Refunds under these Terms and Conditions use that allocation and do not retroactively remove a season discount. FMI will refund any separately paid FMI add-on fee for an add-on it cannot provide.

7. Event cancellation and force majeure

FMI or venue management may cancel, suspend, delay, or end an Event when necessary, including because of severe weather, fire, flood, unsafe conditions, utility failure, government orders, public health emergencies, loss of venue access, or other circumstances beyond FMI’s reasonable control. To the extent such circumstances prevent performance, FMI’s affected obligations are excused, except for the refund obligations below. FMI may also cancel for operational or business reasons; the same cancellation refund applies.

If FMI or venue management cancels an Event date, FMI will refund the booth fee paid for that date and any FMI add-on charges for services not provided. A market-wide permanent early closure is treated as a canceled Event date for this purpose. A temporary delay or interruption followed by resumed operations is not automatically a cancellation. Closure of an individual booth for Vendor conduct, noncompliance, or product restrictions is governed by Sections 4 and 14.

FMI will initiate required refunds within 30 days after cancellation or approval of a qualifying withdrawal. Refunds will normally use the original payment method. A credit, replacement date, or different venue may be offered, but will not replace an owed refund without Vendor’s consent. Cancellation does not entitle Vendor to reimbursement for inventory, travel, staffing, lodging, lost sales, or other business expenses, subject to Section 17. FMI will communicate changes through available registration contact information and Event announcements as reasonably practicable; emergency action may occur before notice.

8. Licenses products and legal compliance

Vendor is responsible for lawful sourcing, manufacture, preparation, labeling, packaging, advertising, and sale of its products and services. Vendor must obtain and maintain all licenses, permits, registrations, inspections, approvals, and qualifications required for its activities at each location. Food preparation and sampling require the applicable approvals or a valid legal exemption. Vendor must provide documentation on request and follow applicable sanitation, temperature-control, allergen, and labeling requirements.

Health, wellness, cosmetic, supplement, and medical-related products or services must comply with applicable requirements. Vendor may not make unlawful, misleading, or unsupported health or medical claims or perform regulated services without required qualifications. FMI approval is not a legal determination, product certification, or authorization to operate without required approvals. FMI may deny or suspend participation for missing or inadequate documentation.

9. Taxes reporting and customer transactions

Vendor is responsible for its tax registration, determination of taxable sales, tax collection, returns, and payments at the applicable location. Vendor must provide accurate legal business and contact information, seller’s permit information or the basis for an exemption, and other information reasonably required for Wisconsin temporary-event reporting. FMI will collect required information and submit applicable Form S-240 reports. Vendor’s obligations do not replace FMI’s own reporting duties.

Vendor is the seller in its customer transactions and is responsible for prices, receipts, payment processing, refunds, warranties, defective products, recalls, and customer complaints. Vendor must provide customers with a reliable means of contact and promptly address product safety concerns. Vendor is an independent business and is not FMI’s employee, partner, agent, or joint venturer. Vendor is responsible for its personnel and employment obligations.

10. Required insurance

Before setup and throughout participation, Vendor must maintain general liability insurance with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate per policy period. Coverage must apply to Vendor’s actual operations at all Event dates and locations in which Vendor participates and must include product liability for products sold or distributed, including food, and coverage appropriate to Vendor’s services and off-premises activities. Acceptable coverage may be a farmers market vendor policy, commercial liability policy, or homeowners policy with endorsements that actually cover the commercial vending activities and meet these limits and requirements. A standard homeowners policy is not accepted merely because a certificate is available.

Upon request Vendor must provide a current certificate of insurance identifying Faire Market Institute, LLC as certificate holder, together with evidence that the policy or an endorsement names Faire Market Institute, LLC as an additional insured for covered liability arising from Vendor’s operations. Any venue additional-insured requirements or higher minimum limits must be specified in Event Details before payment. Naming FMI only as a certificate holder does not satisfy the additional-insured requirement. The certificate must accurately reflect the policy and cannot create or expand coverage.

Vendor must provide renewals and promptly notify FMI of cancellation, lapse, or material reduction affecting Event coverage. FMI may prohibit setup or stop participation without refund for failure to maintain required insurance. FMI’s review or acceptance of documents does not guarantee that coverage is adequate or reduce Vendor’s contractual responsibilities.

11. Equipment utilities and outdoor tents

Indoor Events prohibit gas-powered generators, open flames, combustion appliances, flammable fuels used for demonstrations or operation, and burning products. Space heaters and other high-load or unsafe electrical equipment are prohibited. Ordinary merchandise containing combustible material must be safely packaged and may not be ignited; FMI or venue management may impose stricter limitations. Indoor tents and canopies are prohibited unless expressly permitted in Event Details.

Cords may not cross walkways, aisles, or exits. Electrical equipment must be safe and used only with venue authorization. Electricity is limited and not guaranteed; Vendor must plan accordingly, including safe handling of products requiring temperature control. Vendor must not overload circuits or modify venue connections.

Outdoor tents must be secured throughout use with appropriate weights or, only where FMI and the venue permit, stakes. Vendor must follow manufacturer instructions, venue rules, ground restrictions, and current weather conditions. FMI may require additional securing measures, removal of tent walls, or immediate takedown. An inadequately secured tent may not be used. FMI may restrict or remove tents, walls, signs, displays, or other apparatus it considers unsafe. Loss of permission to use equipment due to Vendor noncompliance does not create a refund right.

12. Cleanliness property and parking

Vendor must keep its booth safe, clean, and orderly, remove all trash generated by its operations, and leave the space free of debris and damage. Venue bins may be used only with permission. Vendor is responsible for reasonable, documented cleaning or repair costs caused by Vendor or its personnel beyond ordinary wear. Vendor must follow loading, parking, and access directions. Overnight parking is prohibited.

Vendor is responsible for safeguarding its cash, inventory, equipment, vehicles, and personal property and for arranging any desired property insurance. FMI does not accept custody or provide storage of Vendor property and does not insure it against theft, loss, spoilage, or damage. This allocation of safeguarding responsibilities does not excuse liability that applicable law does not permit FMI to disclaim.

13. Conduct and solicitation

Harassment, threats, intimidation, aggressive solicitation, excessive noise, obstruction, interference with other booths, and refusal to follow lawful directions are prohibited. Sales and solicitation must remain within the assigned booth. Vendor may not peddle to neighboring businesses or other vendors. Vendor must treat customers, vendors, FMI personnel, venue personnel, and emergency responders respectfully. FMI may immediately stop sales or close a booth for prohibited conduct.

14. Enforcement and termination

FMI may immediately inspect visible booth operations, require correction or removal of items, stop sales, close a booth, require Vendor to leave, cancel participation, or deny future applications for violations of these Terms and Conditions, venue requirements, or applicable law, or for unsafe or inappropriate operations. FMI’s Event decision is final for immediate operational purposes, subject to applicable law. No advance warning or opportunity to correct is required except under Section 5. Vendor must comply promptly and remove its property safely as directed.

The fee for a date on which Vendor is removed or denied participation for its own noncompliance is nonrefundable. If FMI terminates prepaid future dates, unused fees for those dates will be refunded unless Section 5’s repeated early-departure forfeiture applies. The product-suitability withdrawal option remains governed by Section 4. If FMI excludes an otherwise compliant Vendor solely because FMI or the venue cannot accommodate it, FMI will refund the affected date’s fee. Refunds do not eliminate any separate responsibility for damage or covered claims.

15. Marketing permission and business expectations

Vendor grants FMI a nonexclusive, royalty-free permission to use Vendor’s business name, logo, product descriptions, and photographs or video of its booth, products, and displays that FMI lawfully captures or Vendor supplies, for market advertising, social media, websites, and promotional archives. FMI may crop, resize, and edit for those purposes without materially misrepresenting Vendor. No payment, credit, publication, or Vendor approval of each use is promised. Existing promotional and archival materials may remain in use after participation ends.

Vendor grants rights only to material and likenesses it is authorized to license and must obtain necessary permissions for material it supplies. These Terms and Conditions do not grant rights in unrelated customers, staff, minors, copyrighted works, or other third parties that Vendor does not control. FMI must obtain any separate consent legally required for its own use of such material.

Marketing is discretionary. FMI makes no guarantee of advertising exposure, attendance, customer traffic, sales, profits, repeat bookings, Wi-Fi, or business results. Vendor is responsible for evaluating the commercial risks of participation.

16. Vendor responsibility and indemnification

Vendor is responsible for loss, injury, damage, and violations to the extent caused by Vendor’s products, operations, negligence, wrongful acts, breach of these Terms and Conditions, or acts or omissions of its personnel. Vendor must promptly notify FMI of accidents, injuries, property damage, product safety issues, and claims arising from its Event activities, and reasonably cooperate with investigation and preservation of relevant information.

To the extent permitted by law, Vendor will indemnify and hold harmless FMI and its members, managers, employees, and authorized agents from third-party claims, damages, judgments, and reasonable defense costs, including attorney fees, to the extent caused by the Vendor matters described above. This includes covered claims arising from Vendor’s unlawful activities. This obligation does not require the Vendor to pay for the portion of a loss caused by FMI’s or another protected party’s own negligence or wrongful conduct.

FMI must give reasonably prompt notice of a covered claim and reasonably cooperate with Vendor and its insurer. The parties will coordinate the defense with available insurers. Vendor is not required to fund an unrelated claim, and no settlement may impose an admission or nonmonetary obligation on a protected party without that party’s consent. Indemnification obligations for covered activities survive the Event and termination of these Terms and Conditions.

17. Limitation of FMI liability

SUBJECT TO THE EXCEPTIONS BELOW, FMI’S TOTAL LIABILITY TO VENDOR FOR ORDINARY CONTRACT CLAIMS AND COMMERCIAL ECONOMIC LOSS ARISING FROM AN EVENT WILL NOT EXCEED THE BOOTH FEE VENDOR ACTUALLY PAID FOR THE AFFECTED EVENT DATE. IF A CLAIM DIRECTLY CONCERNS MULTIPLE DATES, THE LIMIT IS THE TOTAL BOOTH FEES PAID FOR THOSE DATES. WITHIN THAT SCOPE, FMI IS NOT LIABLE FOR LOST PROFITS, LOST SALES, LOST BUSINESS OPPORTUNITIES, OR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL BUSINESS DAMAGES.

This limitation does not reduce any refund expressly owed under these Terms and Conditions. It does not release or limit claims for bodily injury or death, physical property damage caused by FMI’s negligence, fraud, reckless or intentional misconduct, or liability or remedies that cannot lawfully be excluded or limited. It does not limit rights of customers or other persons who are not parties to these Terms and Conditions. No blanket release of FMI’s negligence is created by these terms. The parties remain responsible as applicable law requires.

18. Notices applicable law and remaining terms

Vendor must maintain current email and telephone details and monitor FMI communications. Written notices and refund requests may be sent to the FMI business email identified in the Event listing or registration confirmation. FMI may send notices to Vendor’s registration email. Urgent directions may be given in person or by telephone. Mandatory legal notices and service of process remain subject to applicable law.

Wisconsin law governs these Terms and Conditions. To the extent permitted by law, disputes will be brought in the appropriate Wisconsin state court in Rock County or, where federal jurisdiction exists, the United States District Court for the Western District of Wisconsin. No arbitration requirement or jury-trial waiver is imposed.

These Terms and Conditions, the accepted Event Details, and any specifically agreed written amendments govern participation for the purchased dates. Mandatory law controls. Venue rules govern premises operations, but do not override FMI’s express refund obligations. A specific written amendment accepted by both parties controls a conflict; otherwise these terms control financial and liability matters. Updated website terms do not retroactively change a paid booking without Vendor’s consent. Lawful safety and operating directions remain effective as provided above.

A failure to enforce a provision once does not waive future enforcement. If a provision is unenforceable, it will be severed to the extent permitted by law and the remaining provisions will continue to apply. Accrued payment obligations, required refunds, indemnification, permitted marketing uses, and applicable liability limitations survive termination according to their terms.