Updated as of August 15, 2018
Artists & Fleas, Brooklyn, LLC Williamsburg Market Merchant Rules and Regulations
These Merchant Rule and Regulations govern Merchant conduct and the rental of booth space at Artists & Fleas, Brooklyn, LLC ("A&F") Williamsburg Market at 70 North 7th Street Brooklyn, NY 11249 (“the Market”). Merchants must comply with, and cause their employees, contractors, agents and guests to comply with these Rules and Regulations. “A&F” may modify these Rules and Regulations time to time for the good order, safety, care and cleanliness of the Market.
The Rules and Regulations are made a part of each Merchant Space Rental Agreement that a Merchant may have entered into with A&F.
(1) Use of Space.
(a) Assigned Space.
Spaces are assigned to merchants by A&F on or prior to the applicable Market dates. Merchants cannot assign their space to others. Each space measures approximately 35 square feet but size, location and configuration of individual spaces will vary. For example, some spaces will be free-standing, some will have a wall; others may have a column or other structural element. Merchants that are assigned space(s) against a wall are permitted to hang merchandise on the wall. We ask that merchants who are against the Artists & Fleas mural wall do not hang products or signs higher than the 6’ high metal rods. A&F does not have hammers and nails available, therefore please bring your own should you require them. Please be advised that merchandise set-up cannot exceed the parameters of any assigned space.
We encourage Merchants to plan their merchandise set-up in advance. It is essential that merchants leave room for entry and exit to their assigned space. Therefore, merchants may visit the Market prior to their scheduled dates of sale in order to view the space(s) and determine how to create the best display and maximize their use of the space. Please note that we create the floor plan for the upcoming weekend on the Wednesday prior to that given weekend, so merchants cannot know their specific assigned spaces until then.
*For the benefit and safety of everyone - humans and their pets - pets are not allowed to be present and/or accompany merchants for the full duration of the selling day when the market is open to the public (10am-7pm) unless they are service animals.
(b) Permitted Merchandise.
Merchant may use the assigned Space only for the marketing, promotion and sales of “Permitted Merchandise,” meaning only the products and/or merchandise identified and described by Merchant in the Application and approved by A&F. Merchants are not permitted to sell any additional or different merchandise without prior written approval by A&F. A&F may require Merchant to remove any non-permitted merchandise in its sole discretion at any time.
(c) Operating Dates & Market Hours.
The Market is open to the public from 10:00 a.m. to 7:00 p.m. every Saturday and Sunday, except any days that the Market is closed, and any occasional delays or early closings as A&F shall, in its sole discretion, close for inventory review, renovations, or repairs to the Market. Except as otherwise provided below, merchants only have the right to enter and use their assigned space during the Hours of Operation.
Merchants shall be required to continuously use, occupy and operate their assigned space during all hours of operation, which shall mean 10:00 A.M. until 7:00 P.M. Saturday and Saturday. Any Merchant whose assigned space is not open, staffed and operating for any portion of the day may, in A&F’s sole discretion, be prohibited from any further selling that day and required to pack-up and leave the market without prior notice; and in such case Merchant’s pre-paid Rental Fee will not be returned.
(2) Merchant Load-In/Set-up.
A&F may, within its sole discretion release the reserved space and prohibit Merchant from selling that day; Merchant’s pre-paid Rental Fee will not be returned. Merchants may also access their assigned space for load-in/set-up as follows:
(a) Merchant Load-In.
Thursday Load-in. (highly encouraged). Merchants may access their assigned space for load-in/set-up on the Thursday immediately preceding that Saturday between the hours of 12:00 p.m. and 5:00 p.m. If this is your first time setting up shop with us, we strongly encourage utilizing this time to check out your space, meet the market management team, and load in equipment.
Saturday Load-In. (optional). Merchants also have the opportunity to load-in Saturday morning beginning at 9:00 a.m. on the first day of its rental dates (“Term”). Merchant must be completely set-up and ready to sell to the public no later than 10:00 a.m.
Late Fee. If Merchant fails to show up on time (i.e., arrival, set up and open prior to 10:00 a.m. and staffed by a dedicated employee or operator), A&F will assess $25 penalty that will be invoiced to the Merchant via PayPal. Payment is required no later than close of business that day for Merchant to be able to open the following day. Further, A&F may, within its sole discretion release the reserved space and, prohibit Merchant from selling that day; and require Merchant to pack-up and leave the market without prior notice; and in such case Merchant’s pre-paid Rental Fee will not be returned.
(b) Merchant Load-Out/Tear Down.
Tear down and/or load-out may only commence once the selling day ends and the Market is closed to the public. Merchant may not close for business at the end of any selling day prior to 7:00 p.m., unless merchant has obtained prior written approval from A&F expressly permitting such.
Merchants must completely remove all merchandise and/or items within the Space no later than 8:30pm on Sunday evening, unless you have already submitted payment to sell on the following weekend. Any items and/or merchandise remaining in the Space will be discarded after 9:00pm on Sunday evening. Any over-sized items left behind, including, but not limited to furniture, fixtures or other merchandising materials, that are not properly disposed of may result in the assessment of an additional trash removal fee of $100.00. Merchants must leave their space in broom-clean condition.
(3) On-Site Services.
(a) Equipment Rentals.
Merchants are permitted to bring their own tables and chairs. A&F offers equipment rentals on a first-to-pay basis Merchants may rent a table (approximately three (3) feet long) and one (1) accompanying chair from A&F at a rate of $20.00 per day. Please review our Pinterest Page for our current offerings. Additional chairs may be rented at a rate of $2.00 per day. Any payments for equipment rentals must be paid with the Space Rental Fee. Payments for equipment rentals are fully refundable only if supplies are exhausted at the time Merchant pays the Space Rental Fee.
A&F provides electrical outlets throughout the space for merchant use. Merchants are responsible for providing their own extension cords. If any Merchant requires electricity beyond what is reasonable and necessary it must obtain the prior approval of A&F. Merchants are permitted to use the Market fitting rooms and bathrooms. The Market provides heating and air conditioning. A&F may terminate the provision of any of the above described services in its sole discretion and without notice to Merchants at any time.
The Market provides WiFi for Merchants to only transact official business related to their work at the Market. A&F shall use its commercially reasonable efforts to ensure the reliability of the service, subject in all cases to A&F’s provider’s service guarantees and ability to repair and restore service.
Merchants returning for consecutive selling weekends may store their merchandise at the Market from closing on Sunday through the following Saturday, provided that payment has already been received for the following selling weekend. In any other case, any property remaining after the scheduled Term will become property of A&F. A&F IS NOT RESPONSIBLE FOR ANY RESULTING THEFT, DAMAGE OR DESTRUCTION OF ANY PROPERTY STORED BY MERCHANT. MERCHANT EXPRESSLY ACKNOWLEDGES THAT THE STORAGE OF PROPERTY AT THE MARKET IS AT MERCHANT’S OWN RISK.
e) Risk of Loss; Safety.
Merchants are solely responsible for maintaining and securing their products and or furnishings. The use of space heaters, irons, hot water kettles and other high-wattage electrical equipment is strictly prohibited. Merchants are requested to make their power requirements known prior to set-up and are urged to employ low-watt/energy-saving light bulbs wherever possible to avoid damage to the building’s electrical wiring and equipment. A&F may request that certain equipment not be used at its own discretion. A&F is not obligated to repair any damage to products and or furnishings on the premises nor is the Market responsible to replace any lost, damaged or stolen items.
(4) Cancellation Policy.
Merchant may cancel its scheduled booth operations on specified rental dates by providing written notice of cancellation to A&F no later than 12:00 p.m. EST on the Saturday of the weekend prior to the first day of the scheduled Term (i.e. 7 days in advance). If proper cancellation notice is provided by Merchant, A&F will extend credit(s) for use by Merchant within three (3) months of the original Term commencement date subject to scheduling by A&F, within A&F’s sole discretion; provided however, that such credits shall automatically expire if not used within the three-month time period. Credits may not be used in November or December. Merchant and A&F may schedule another date to use the credit(s) via e-mail. If Merchant fails to provide sufficient notice of cancellation, A&F is not required to reimburse any part of the Space Rental Fee to merchant and no credit(s) will be issued.
Please note that cancellations are not permitted during the month of December. If Merchant cancels a December booth space reservation, Merchant is not entitled to reimbursement of the Space Rental Fee, nor shall merchant be entitled to receive any credit(s).
(5) Licenses and Business Practices.
Merchants are required to obtain, maintain and have copies on file of all applicable New York State and New York City licenses for its operations, including, but not limited to, New York Sales Tax Certificate of Authority. Copies of Certificates of Authority must be on premises but need not necessarily be displayed. Merchants selling food or beverages must obtain the appropriate Department of Health and Mental Hygiene permits and licenses. All sales of food and beverages must comply with all applicable health code requirements.
(6) Return Policy; Price List.
Merchants must have a return policy for its customers which shall be clearly communicated. Merchants shall maintain a price list with respect to its merchandise. Such Price List should be displayed and available upon request by customers or A&F.
(7) Marketing Permission.
Merchants agree to permit A&F to use the Merchant’s name, logo, product description and photographs for promotional materials and marketing purposes.
(8) No Future Obligations to Merchant.
Merchants acknowledge that A&F is under no obligation to offer Merchant the opportunity to continue its participation at the Market for subsequent dates, or in any other A&F events.
Merchants who choose to participate in other markets and events in or near the Market that in their nature or description might be viewed as being detracting to the market may be requested to leave without prior notice and will forego their rental fee or their space at the Market.
(10) Rules of Conduct.
A&F adheres to a zero tolerance policy that applies to any conduct that has the purpose or effect of creating an intimidating, hostile or offensive work environment. Merchants must notify all of their employees to adhere to this policy during their participation at the Market. Merchants are responsible for ensuring compliance with this policy and ensuring that all employees under their supervision are fully aware of this policy and appropriate complaint procedures (below). Violation of this policy will result in appropriate corrective action that A&F may, within its sole discretion, determine to exercise, including but not limited to, immediate removal of any offending employee or termination of Merchants rental at the Market.
(a) Personal Behavior.
Merchants must apprise all of their employees of certain rules of conduct regarding personal behavior prior to partaking in any A&F event. A&F prohibits all forms of harassment including: any demeaning, insulting, embarrassing or intimidating behavior directed at any employee present and the Market and visitors. A&F specifically bans unwelcome sexual advances or physical contact, sexually orientated gestures and statements, and the display or circulation of sexually orientated pictures, cartoons, jokes or other material. A&F also prohibits engaging in any hostile contact, intimidation, threats or such actions or violence, or any other actions that may be considered threatening or hostile in nature while on the Market premises.