MAGIC-TIME MARKETS | MARKET TERMS AND CONDITIONS
Welcome to Magic-Time Markets! Please review our market terms and conditions carefully and provide your digital signature. Every Vendor must have a signed contract on file to participate in our events. This agreement encompasses all markets and events organized by Magic-Time Markets. For the purposes of this contract: • The term “Vendor(s)” shall denote any and all participants. • Magic-Time Markets operates under multiple market names; Magic-Time Markets, Big Spring Market, and Jingle Jolly Christmas. • The name “Magic-Time Markets” shall be referred to as MTM and encompasses any market or event hosted and all market names mentioned above.
APPLICATION ACCEPTANCE AND PAYMENT TERMS
Application Acceptance
Applications are subject to acceptance based on the submission of photos, a signed contract, and a complete application. Initial profile approvals shall occur when a vendor completes their vendor profile and signs the vendor policies. Disapproval from an initial approval is at the discretion of MTM and shall occur for things such as, but not limited to, mis-categorization, failure to submit photos, failure to accurately describe products. MTM reserves the right to assess the suitability of Vendors and to reject or prohibit any exhibit or Vendor deemed objectionable, inappropriate, disruptive, or offensive to MTM, other Vendors, the Venue, or attendees. MTM also retains the authority to alter the show layout or relocate Vendors as necessary for the good of the event. Booth spaces must be reserved by the Vendor through the Vendor Portal. MTM does not hold booth locations without payment.
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Selection Process
Booking space is contingent upon the diversity of product categories and availability within the category. MTM limits the number of spaces allowed to be booked in each product category. Once the quota for a particular category is met, MTM, regretfully, cannot accommodate additional vendors offering the same product type for that specific show.
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Waitlist Policy
Being placed on the waitlist may occur due to total sell-out or maximum capacity reached within a product category. Should availability arise or circumstances change, MTM may contact you via email through the Vendor Portal.
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Confirmation
Booth space shall be confirmed by email upon receipt of the booth fee. Vendors must secure their booth with payment through the Vendor portal.
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Booth Payment
A booth payment is required to secure your booth. If you prefer to pay by check, please contact MTM by email at magic@magictimemarkets.com. MTM may accept payments via PayPal, Zelle, Venmo, or CashApp only AFTER paying for an initial reservation through the portal. MTM may not hold space for a vendor that has not made a payment arrangement. Reminder emails for payments shall be sent for any balances remaining on a booth space. If the Vendor fails to pay the balance after reminders, MTM may cancel the reservation and fill the space. If a Vendor fails to check in at the registered event, no compensation, refund, or transfer shall be given for the booth fee.
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Cancellations
If a Vendor cancels 90 days or more before the show, the booth fee may be transferred to another show with availability, subject to a $25 Transfer Fee, or a refund may be requested, subject to a $100 Administration Fee. For cancellations made 89 days or less before the show, a transfer/credit is available minus the $100 Administration Fee. For cancellations made 30 days or less before the show, all booth fees are forfeited. MTM is not responsible for compensating Vendors who cancel before the event or fail to show up. Cancellations must be formally submitted through email to be considered for transfer/refund.
CHECK IN, PRODUCTS & SETUP
Check-in Letters
MTM shall send check-in letters by email. Vendors are expected to check their email the week of any show for updates and communications.
Market Check-in
Vendors must check in to the show during the time frame indicated in the check-in letter. All booths must be set up completely before the show opens. Failure to check in during the designated time frame may result in automatic loss of space assignment and all booth fees. There shall be no setup allowed once the show doors are open, no exceptions. No dollies, carts, wagons, or product/boxes are allowed to be visible or in the aisles once the show doors are open.
Vendor Products
Vendors are required to list ALL of the items intended to sell. When jurying, MTM may limit product categories. If a Vendor fails to list an item and there is a conflict with another Vendor having the same product, MTM may require the item(s) to be removed from the booth. MTM is a family-friendly market and a place for customers to enjoy the experience of shopping. MTM does not allow products that are offensive (religiously, politically, or culturally), vulgar, or inappropriate. Vendors displaying items found to be against market standards shall be required to remove them immediately.
Licensed Products
Reproducing another company’s branded items (such as purses, jewelry, tumblers, clothing, etc.) without authorization is illegal and strictly prohibited at MTM. Products with proper licensing rights are allowed. Vendors with unlicensed merchandise must remove these items immediately and may be barred from future markets.
Booth Set-Up and Display
Vendors must display their products within the indicated booth limitations. Aisleways are marked to comply with the fire code. Displays, racks, etc., are not allowed outside of the booth line. If a Vendor blocks or impedes the walkways or fire exits, they could be fined by the fire marshal. MTM shall issue a warning when a fire code is broken; the 2nd violation may result in a fine by the fire chief. All selling shall be conducted within the Vendor’s booth. Tables, racks, and shelves must be laid out so that customers can stand in the booth to browse and purchase Vendor products. Grids, shelves, and other displays must be secure and must not impede on neighboring Vendors booths. Vendors are required to be present for all hours of the event. Vendors with electrical needs should plan to bring an extension cord to any market that allows the use of electricity. Tent frames are allowed for displaying products, lights, and signage. Pop up tent covers/canopies are not allowed inside buildings unless expressly stated in the market information.
Loading & Unloading
Vendors must park and unload in the designated areas only. Parking in fire lanes, handicap spaces, or on the street is prohibited. All products must be unloaded and vehicles moved before booth setup to facilitate other Vendors’ access. Helpers may occasionally be available for assistance; they work for tips and their service is not complimentary. Please make alternative arrangements if under time constraints. MTM does not provide carts, wagons, or dollies for Vendor use.
Pipe and Drape
Vendors are not permitted to hang products or displays from the pipe and drape as this is a safety hazard to other Vendors and customers. Light-weight banners may be hung with approval from MTM staff. Nails, tape, screws, etc. are not to be punctured or fixed to the curtains and poles.
MARKET TERMS & POLICIES
Break Down
Vendors are prohibited from dismantling their booth before the conclusion of the show. Early breakdown disrupts the event, affects other Vendors and shoppers, and poses a safety risk. Violators of this rule shall not be invited to future events. Boxes must be broken down and trash must be properly discarded in the dumpsters.
Parking
Designated trailer and vehicle parking areas are provided for Vendors at each market. A parking map shall be included in the check-in letters for each location. The front lots are exclusively reserved for paying customers to ensure convenient access. Vendors who violate this parking policy may face delays in future market approvals.
Subleasing
Vendors are not allowed to transfer or sublease their booth or share assigned space without prior approval from MTM. This is STRICTLY enforceable. Vendors found to violate this policy may be asked to leave the event early and may be barred from future events.
Conduct
MTM always expects professional conduct from vendors at events. Including, but not limited to, soliciting customers from the aisles, other booths, or loudly addressing customers is not permitted. If there is an issue with a customer, another vendor, or the venue, vendors shall notify MTM staff of the problem and seek help for a resolution. Furthermore, any vendors acting in a way that contradicts the family-friendly atmosphere of the event may be asked to leave. There shall be no cursing, yelling, or aggressive acts from vendors towards any show attendees, adults or children, other vendors, or staff at the location. Any Vendor reported for such behavior may lose the right to participate in future MTM events and shall be asked to vacate the premises immediately without any refunds or compensation. What constitutes a violation of any part of this section is at the sole discretion of the owners of MTM. In the event a vendor violates a part or parts of this section, said vendor shall forfeit any fees associated with all current and future MTM events and reservations.
Outdoor Booths
Outdoor booth spaces are subject to weather conditions. To account for this, MTM offers these spaces at a lower price. Outdoor booth fees are nonrefundable, even in the event of inclement weather. MTM recommends that Vendors take necessary precautions, such as securing tents, weights, and weather-resistant materials, to mitigate any weather-related challenges. By participating, Vendors acknowledge and accept the inherent risks associated with outdoor spaces and agree not to seek refunds/credits due to weather-related issues.
Customer Orders
Vendors accepting orders at any market must fulfill them promptly. If MTM is contacted regarding unfulfilled orders or complaints, the Vendor shall be notified via email to address the issue. Repeated customer complaints may lead to the Vendor’s termination from future markets without compensation or refunds.
LEGAL ISSUES, LICENSING & PERMITS
Food Vendors
Food Vendors that make their food or drinks on-site are required to obtain permits from the city where the market or event is located. While MTM may provide information about health permits and where to obtain them, it is the Vendor’s responsibility to secure their own permit. Failure to obtain a health permit resulting in expulsion from the market by a Health Inspector may not entitle the Vendor to compensation or fee refunds. Vendor is responsible for displaying any known ingredients that could cause allergic reactions. Cottage food vendors are not required to obtain a food permit, however they are required to meet legal requirements with labeling.
Licenses and Permits
Vendors agree to acquire, at their own expense, any necessary licenses or permits for their business operations during the show and to be responsible for all relevant taxes, including sales taxes. MTM is not responsible for collecting or reporting sales taxes on behalf of Vendors.
Security Measures and Disclaimer
For any multi-day event, MTM shall ensure that the building is securely locked and provide security as deemed necessary. However, Vendors are advised that MTM is not responsible for any products left in the venue overnight. Vendors are encouraged to take appropriate measures to safeguard their merchandise. Vendors are solely responsible for the security of their products, vehicles, cash boxes, credit card machines, and any personal or business equipment. MTM is not liable for stolen, damaged, or broken merchandise, nor for any damage to vehicles incurred while on the premises.
Fire Safety
All Vendors must adhere to strict fire safety regulations: no open flames, propane gas, hazardous chemicals, or materials are permitted within the building or premises. Compliance with these safety measures is mandatory to ensure the well-being of all participants and guests.
Indemnification
Vendors agree to indemnify and hold harmless MTM and the facility, along with their officers, directors, and employees, from all claims, losses, liabilities, damages, costs, and expenses arising from their use of the space, equipment, or any incidents occurring within their booth space or environments. This includes personal injuries, death, property damages, or any other damages sustained by the Vendor, MTM, the facility, show sponsors, visitors, and their respective personnel.
Vendor Breach of Contract
Should a Vendor violate any terms of this agreement, including payment obligations, all payments made shall be retained by MTM as earned, and are non-refundable and non-transferable. In case of such a breach, MTM reserves the right to immediately take over the Vendor’s space and repurpose it as deemed fit. The Vendor shall not be entitled to any compensation or reduction in fees due to the space’s subsequent use or payment by another party.
Force Majeure
In the event that the facility where the Shows are scheduled to be held is destroyed, becomes unavailable for occupancy, or if MTM is unable to allow the Vendor to occupy the facility or the space, or if the Shows are cancelled or shortened due to reasons beyond the control of MTM—including but not limited to casualty, explosion, fire, lightning, flood, severe weather, epidemic, earthquake, or other acts of God, acts of public enemies, riots, civil disturbances, strike, lockout, or boycott—MTM shall not be liable for any loss of business, lost profits, consequential or special damages, or expenses incurred by the Vendor. Furthermore, if the Shows or any part thereof are prevented from being held, are cancelled by MTM, or the assigned exhibit space becomes unavailable due to war, fire, government regulations, public catastrophe, act of God, the public enemy, or any other cause beyond the control of MTM, any refund or transfer of exhibit fees to the Vendor shall be at the discretion of MTM. If a refund is issued, it may be a proportionate share of the remaining aggregate exhibit fees after MTM has deducted expenses incurred and reasonable compensation for MTM’s services. However, the refund amount shall not exceed the exhibit fee paid by the Vendor. The Vendor shall not have any right to an accounting review or audit of MTM’s financial records.
