Terms and conditions

Thank you for your interest in vending at The Marketplace in East Nashville!  Please read each section of this form. The following applies to all of our events & markets, including: East Nashville Flea, Music City Food Truck Park, and East Nashville Night Market, and The East Nashville Art Show. The Davidson Street Farmers' Market has a different set of Rules, Regulations, Terms, and Conditions, which can be found here.

Payment for Vendor Reservation

Vendors agree to pay for their space in advance via the online Portal/Paypal. If you are vending on multiple dates, you will pay for each date separately, unless you are signing up for an entire calendar month in advance. In the event that you are vending for an entire month, one payment can be made in total.

Insurance for Food Vendors

Effective October 1st 2020 all vendors selling food must carry a commercial general liability insurance policy in order to sell food at The Marketplace in East Nashville.

Food Vendors

For vendors selling pre-packaged food made in the home kitchen, the food vendor must locate the proper procedures from the local Health Department. The food has to be non-potentially hazardous, meaning it could be stored at room temperature. There are specific regulations in place for food being sold that is made in the home kitchen, all of which are required at The Marketplace. For more information about Tennessee's Domestic Kitchen Laws, please click here.  

• All food items packaged in a domestic kitchen must be properly labeled prior to sale. The following, at a minimum, must be present on all food items:
  • A. The name, street address, city, state and ZIP code of the manufacturer, packer or distributor. 
  • B. An accurate statement of the net amount of food in the package in English and Metric units (e.g. ounces and grams) 
  • C. The common or usual name of the food. 
  • D. The ingredients in the food in order of predominance by weight. 
  • E. Lot dates or numbers shall be evident on each package or container of food for traceability purposes in the event an issue occurs that may require a market withdrawal of the food. A current distribution list including quantities sold may also be of assistance should an incident occur.
  • F. The package must have verbiage stating that the product did not come from a regulated food establishment. 

Food vendors assume sole responsibility for any injury, harm, or illness caused to a consumer by their product.  Food Vendors assume responsibility of obtaining the proper business licenses and information from the local Health Department. Pre-packaged food vendor spaces are typically held outdoors from Spring-Fall.

Failure to provide. the venue with a certificate of insurance as stated above will not result in a refund to the vendor.

Food Trucks and mobile food vendors preparing food for on-site consumption must have. assigned food truck agreement on file outlining food truck and mobile vendors procedures.

Vendor Space

Each vendor space measures approximately 10x10 ft.  Vendors are responsible for providing their own booth setup. The vendor is responsible for their own tables, chairs, and displays. The vendor is responsible for bringing any necessary display equipment and signage. The Marketplace does not provide any materials for the vendor to set up their space.

The event and market organizers reserve the right to assign any and all vendor spaces. During the Spring, Summer, and part of Fall, spaces may be changed to indoor or outdoor at the discretion of the organizers. Vendors should thus prepare for an indoor and outdoor market just in case, as all markets go on rain or shine.  

Vendors setting up outdoors with a canopy must use 20 pounds of tent weights per leg or can be refused entry / be sent home.

Wifi

Vendors will be given access to vendor wifi while vending on the premises.

Parking and Load in

Vendor agrees to abide by parking and loading rules set by the venue. Vendors are liable to be towed at their own expense for not obeying on site parking rules. This includes parking in handicap spaces or in neighboring businesses designated parking spots.

Set Up & Breakdown

This depends on the event that you have reserved for.  Setup typically begins 2hours prior to the start of a market.  Breakdown typically begins at the end of the market until 1.5 hours after. the market has ended. Please locate the vendor handbook for setup and breakdown times.

The organizers/managers reserve the right to change the load-in time at any time and for any reason.

Vendors must have their booths set up by the time the market opens, and vendors may not break down their booths until the market closes. No exceptions. Breakdown must be finished by no later than one hour and a half after the market closes (5pm close means finished by 6:30pm).  If, due to unforeseen circumstances, the vendor does not breakdown their booth, the vendor agrees that The Contour Group and The Marketplace @ Skyline Commons are not held responsible for any loss or damage done to the vendor’s property or merchandise. Breaking down of booths early may result in denial of future applications to vend at any future events or markets.

Vendors to Clean/Tidy Spaces After the Market

All vendors are responsible for cleaning up their booth space when the day is over. Example: You sell potted plants and leave soil all over your spot; you are responsible for getting a broom and sweeping it up. Vendors must clean any debris / detritus left over from their day of vending. All big garbage + boxes must be left near the dumpster at the end of the day and not stuffed into or left next to a smaller garbage can. Large messes left uncleaned are subject to a $5.00 cleaning fee that must be paid before the next day of vending.

Vendors are not permitted to leave large items inside of the warehouse or large trash such as boxes.  A $5.00 cleaning fee will be charged for any vendor who leaves extra large trash inside of the warehouse or on the premises.

Code of Conduct

While vending at The Marketplace in East Nashville, vendors and their guests are expected to behave in a professional manner. Vendors agree to abide by rules and regulations set forth by nearby businesses, government officials, The Contour Group, and The Marketplace @ Skyline Commons. Vendors agree to refrain from playing music within their booths (unless they have been given permission by the even managers), which may interfere with the business or agenda of nearby vendors or The Marketplace.  Smoking is not permitted near any entrance or near any place where food is served or eaten.  

Cancellation / Refund Policy

Once a vendor’s space has been paid for, there will be absolutely no refunds given upon vendor cancellation, which includes electricity. The Marketplace in East Nashville is open rain or shine. Any market can change from indoors to outdoors, or from outdoors to indoors, at the discretion of the organizers during the Spring, Summer, and Fall; therefore, vendors will not be refunded if they are not prepared for a change of plans. In cases of extreme or inclement weather, and only at the discretion of the organizers, the event will be cancelled and a roll over date will be issued.   

Promotional Pricing

At times, the venue will run promotional pricing. Vendors do not get refunds or credits after promotions have been ran for any event or market.  Prices are subject to change based on supply and demand.

COVID 19 Cancellation Policy

Any vendor who tests positive for COVID19 may receive a credit or a roll over date within that season of equal value. Any vendor who has been exposed to a person who has tested positive for COVID19 will also be issued a credit or roll over date within that season. Vendors are not permitted any refunds due to COVID19.  If the venue is forced to close due to local authorities, or for any reason due to COVID19, vendors will not receive a refund, but they will receive a full credit at the venue that can be used when the venue reopens.  Example:  you booked the entire Spring season at $490.  You will have $490 remaining with the venue to use.  All vendors should be prepared to have their business run as usual.  We suggest having help readily available to run your business during your reserved dates during these times.

Right to Refuse Vendor Applications and Payments

The vendor, upon sending payment, understands that The Contour Group and The Marketplace @ Skyline Commons, LLC reserve the right to refuse and refund any vendor applications, payments, or reservations at any time and for any reason. In the event that the vendor’s application has been refused or denied, any payments that the vendor has made for upcoming dates will be refunded upon refusal/denial and at the discretion of The Contour Group and The Marketplace @ Skyline Commons, LLC.

Vendor Payments That are Made Without Filling Out Identification Form

Any new vendor agrees to fill out a Vendor Identification form immediately before or after paying to reserve a space (unless the vendor has record of already vending at The Marketplace in East Nashville, the East Nashville Night Market, or the Food Truck Feast in East Nashville).  (This is not required for East Nashville Art Show.)

East Nashville Flea Vendor Identification Form: 

https://airtable.com/shrufUxYsNm8AWhIF

East Nashville Night Market Vendor Identification Form: 

https://airtable.com/shr7j1HB88G0rmh6v

East Nashville Art Show Identification Form: (closed during the Winter)

https://airtable.com/shrk3mOH6wlUpv4Mn

If the vendor fails to provide their vendor information via the application form, their space is not confirmed and therefore can be denied on the booked date.

Direct Sales Vendors’ Payments Via Online Portal

We require direct sales vendors to inquire before buying a spot to avoid booking companies twice. This applies to, including but not limited to, Paparazzi, Pink Zebra, Color Street, Plunder, Pampered Chef, AVON, Mary Kay, Lula Roe, Lila Rose, etc. If you are a vendor with a direct sales company such as this, you will be refunded the booking fee and charged a $7 admin fee if you pay for a spot without inquiring first. If you are such a vendor and are interested in vending at The Marketplace, email info@TheMarketplaceNashville.com so that we are sure not to double-book reps from the same company.

Prohibitions

The vendor agrees that the following are prohibited from The Marketplace grounds:

• Items that are racist or culturally insensitive

-items cannot be sold that are political in nature with trademarked slogans or phrases

-items cannot be sold promoting a particular political candidate for any political seat

• Materials that are pornographic or are explicitly sexual in nature

• Items that are stolen or counterfeited

• Food or merchandise that has been recalled

• Food, drink, concession items, or merchandise unrelated to the vendor’s business that have not received pre-approval from The Contour Group.

The vendor agrees that The Contour Group & The Marketplace @ Skyline Commons reserves the right to prohibit any items being sold, traded, or given away. 

The vendor acknowledges that inspections of merchandise might be made throughout the day to ensure quality for the customers and consumers, as well as for the overall aesthetic of The Marketplace.

-Vendor will not be given refund if violating prohibited items and may be asked to leave.

Photo/Video Release

The vendor agrees to release the rights to any photos or videos taken of his or her person, likeness, and/or merchandise while at The Marketplace in East Nashville, which may be used for promotional purposes, marketing, and/or advertising.

Vendor Category:

Vendors agree to select their appropriate category from the dropdown menu.

 If a candle or CBD vendor purchases the category "other" because candles and CBD are sold out a roll over date will be issued or a $7 admin / refund fee will be charged.  Do not buy the category "other" if you are candles or CBD.  These categories sell out quickly and we have a limit. 

Summer Clause

During the months of July & August, vendors will not be charged electricity fees to use a small fan.  We do not have working air conditioning on the premises.  Please plan accordingly. 

Insurance, Risk, Loss, Liability, and Hold Harmless Agreement

All Vendors assume sole risk of loss, theft, or damage to their merchandise and property while on The Contour Group and The Marketplace @ Skyline Commons’ grounds. Vendors acknowledge that The Contour Group and The Marketplace @ Skyline Commons’ associates are not responsible for insuring the safety of vendors or for protecting the merchandise of vendors from loss, damage, theft, accident, or other miscellaneous causes. The vendor acknowledges that The Contour Group and The Marketplace @ Skyline Commons advises vendors to purchase insurance in order to protect from such losses. The vendor agrees to hold harmless The Contour Group, The Marketplace @ Skyline Commons, and their associates for any loss, damage, legal liability, or consequences thereof. The vendor agrees to assume responsibility for any loss, damage, theft, accident, or negligence done to their persons, the public, business, goods, or merchandise. The vendor agrees to indemnify and hold harmless The Contour Group and The Marketplace @ Skyline Commons and their associates from any liability damage, cost, or expense arising from: (A.) Vendor’s use of or activities in or around the vendor’s space(s) or The Marketplace @ Skyline Commons’ grounds and/or (B.) Injury to persons or property resulting from any cause whatsoever including, but not limited to: canopy weights, any furniture or fixtures in the vendor’s space, merchandise, other property, items sold or exchanged by vendor (this includes any food-related illness, harm, or injury caused by food prepared in the home kitchen) . Vendors assume full responsibility for all their transactions and merchandise.  All vendors agree that the Marketplace @ Skyline Commons LLC and The Contour Group LLC can use photos of their booth and/or merchandise for promotional purposes related to the events.

Vendors Also Agree As Follow:

I, the vendor, acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that The Marketplace at Skyline Commons LLC & The Contour Group LLC located at 400 Davidson St Nashville, TN 37213 have put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.

I, the vendor, further acknowledge that the above parties can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff, other vendors, the Public, and their families.

I, the vendor, voluntarily participate in markets from the above parties and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19.

I, the vendor, hereby release and agree to hold The Marketplace at Skyline Commons LLC & The Contour Group LLC harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the venue /management company, or that may otherwise arise in any way in connection with any services received from the above parties. I understand that this release discharges the above parties from any liability or claim that I, my heirs, or any personal representatives may have against the venue or management company with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from either party. This liability waiver and release extends to The Marketplace at Skyline Commons LLC & The Contour Group LLC together with all owners, partners, and employees, and contractor