Malibu Farmers Market

Vendor Terms of Service, Rules & Regulations

Billing / Fees / Invoicing Contact:
For all questions and inquiries related to billing, fees, invoices, payments, and financial services, please email malibufarmersmarket@cornucopiafoundation.net.

These Terms of Service (“Terms”) apply to all farmers, vendors, and participants (“Vendors”) at the Malibu Farmers Market (the “Market”), operated by the Cornucopia Foundation (“Cornucopia,” “we,” “us,” or “our”).

By submitting an application, accepting a space, paying an invoice, setting up, or participating in the Market, you acknowledge that you have read, understand, and agree to these Terms.

SECTION I — GENERAL MARKET GUIDELINES

1. Changes to These Terms

The Market is a regulated, permitted operation. Rules and procedures may change due to safety needs, permitting requirements, operational improvements, or agency directives. Vendors are responsible for reviewing the Terms posted on our website regularly. Continued participation constitutes acceptance of updates.

2. Vendor Relationship

Participation is a revocable privilege, not a right. Vendors must comply with all Market rules, applicable laws, and on-site instructions.

3. Market Rights and Discretion

The Market reserves the right, in its sole discretion, to:

• approve, deny, condition, suspend, or terminate participation;

• assign or change booth placement;

• restrict product categories or items offered for sale;

• enforce compliance, safety, aesthetics, and operational standards; and

• ask any Vendor to leave the premises immediately when necessary to protect public safety, regulatory compliance, Market integrity, or operational flow.

Unless expressly stated otherwise in writing by the Market, fees paid are non-refundable, including in the event of termination, suspension, no-shows, or removal for rule violations.

4. Pricing, Specials, and Fee Structure

We reserve the right to change pricing, rent, commission structures, introductory specials, and administrative fees. Changes may be applied prospectively and/or as permitted by law and operational needs.

5. Rain or Shine

The Market operates weekly, rain or shine. If you are scheduled/accepted, attendance is expected—including rainy days—unless the Market cancels or you receive written approval for an absence.

6. Attendance and No-Show Policy

• No-shows are not prorated and do not reduce fees owed.

• Failure to appear may result in loss of preferred placement and reassignment.

• If you do not show for two consecutive weeks or more, you may lose your space and may be replaced.

• If you have a reserved space and fail to arrive on time, the Market may offer your space to another approved Vendor at its discretion. If your space is reassigned due to late arrival/no-show, payment is forfeited.

7. Competition / Conflict of Interest

To protect Market stability, vendor mix, and community trust, Vendors agree to avoid activities that materially undermine or directly interfere with the Market’s operations.

To the extent permitted by law, while actively participating in the Malibu Farmers Market, Vendors agree not to participate in directly competing Malibu-based farmers market events occurring on the same day and time where such participation would create a conflict of interest or harm the Market’s operations. Any concerns should be disclosed to Market management in writing.

Violation may result in corrective action up to and including termination.

SECTION II — VENDOR ADMISSION & PRODUCTS

1. Vendor Admission Policy

All farmers and vendors must be pre-approved to participate.

Admission begins by completing the vendor application at www.malibufarmersmarket.net and submitting required materials, which may include (but are not limited to):

• applicable permits, licenses, and certificates,

• proof of liability insurance,

• product photos and descriptions, and

• non-refundable application and administrative fees (if applicable).

Submitting an application does not guarantee approval. Approval is based on Market standards, category needs, space availability, and overall fit. The Cornucopia Foundation may decline any application in its sole discretion.

2. Approved Products Only

Vendors may sell only items approved at the time of admission. If you wish to add products later:

• submit a written request by email to the Market, and

• provide requested samples and/or documentation.

We aim to provide a decision within 2–3 business days, but timing may vary.

3. Certified Farmers / Producer Certificates

• Farmers selling certified agricultural products must hold a valid producer’s certificate (as required) and comply with all County/State requirements.

• Farmers may not sell any produce/product not listed on their producer’s certificate.

• If a farmer is caught selling non-listed items: $50 fine, and the product may be held at the Cornucopia booth for the day and/or disposed of.

• Repeated or serious violations may result in removal and/or indefinite exclusion.

4. Certified and Non-Certified Sections

The Market may include certified and non-certified sections. The Market Coordinator reserves the right to place vendors in the appropriate section and to include/exclude vendors in its sole discretion.

SECTION III — OPERATIONAL RULES (SETUP, HOURS, PARKING, CLEANUP)

1. Market Hours and Manager Authority

Market hours are 10:00 AM – 3:00 PM. There is always at least one on-site market manager. Vendors agree to follow manager instructions.

If a Vendor has a dispute with on-site management, a written complaint may be submitted to malibufarmersmarket@cornucopiafoundation.net. While a complaint is pending, the Vendor must continue cooperating with on-site management.

2. Arrival, Vehicles, and Parking

• Vendors must arrive early enough to be fully set up before opening.

• All cars must be moved by 9:30 AM. Failure to move a vehicle by 9:30 AM may result in a $50 fine.

• If a vehicle does not fit behind the tent, it must be parked as directed (including the Malibu Library parking lot when required).

• Prepared food / arts & crafts vendors may be required to drop equipment and then park offsite/near the library as directed.

3. Check-In / Sign-In

• Sign-in time is 8:15 AM (unless otherwise directed by management).

• Arriving after sign-in time may result in a $10 late fee.

• Vendors must check in at the designated location (e.g., “purple tent”) as directed.

4. Prepared Food Inspection Requirements

Prepared food vendors must be ready for inspection (including proper sink setup) by 9:00 AM. Vendors may arrive as early as 7:00 AM if needed.

• A sink not set up properly or broken may result in a $100 penalty and/or removal until corrected.

5. Load Sheets and Breakdown

• Vendors must complete required load sheets and submit them by 3:15 PM.

• Failure to submit load sheets on time may result in a $10 penalty.

6. Departure Time

Vendors must be fully off the premises by 4:30 PM. Failure to depart by 4:30 PM may result in a $25 penalty.

7. Cleanup and Trash

Vendors must leave their booth area in the same condition or better than it was at setup.

• Vendors must sweep and remove all trash, samples, debris, toothpicks, flower petals, leaves, and other waste.

• Bring your own broom, dustpan, and trash container.

• Failure to remove trash may result in a $50 non-refundable fine.

• If the City of Malibu fines the Market for litter and the source is attributable to a Vendor, that Vendor will be responsible for reimbursement of the fine and may face additional penalties.

8. Compliance With Laws / Fines

Vendors must comply with all applicable Local, County, State, and Federal rules, including Department of Agriculture, Health Department, Fire Department, and City requirements.

• The Market does not pay Vendor fines.

• If the Market is fined due to a Vendor’s violation, the Vendor is responsible for reimbursement and may be terminated.

SECTION IV — PAYMENTS, FEES, AND BILLING POLICIES

Billing Contact: malibufarmersmarket@cornucopiafoundation.net

1. Payment Platform

Payment is accepted only through Square Up (not at the Market).

Upon acceptance, Vendors receive invoices through Square Up. Vendors are prompted to add a credit card to be securely stored by Square Up and charged automatically as described on invoices and/or the billing schedule.

The Market does not store or access your full credit card information. Vendors are responsible for maintaining valid payment methods and sufficient funds.

Square Up typically accepts debit cards, Visa, and Mastercard (and other card types as supported by Square).

2. Card on File / Processing Fees

Vendors must maintain a current card on file. Failure to keep valid payment details may result in administrative/processing fees, interest charges, and/or loss of space.

3. Flat Fees vs. Commission

The Market may charge:

• a flat fee,

• a commission of sales, or

• whichever is greater (if applicable to a category),
  as determined by the Market in its sole discretion.

If a flat fee is implemented in place of commission for a category, the Market will provide notice as reasonably practicable.

4. Monthly Rental / Minimums

• Rental fees are generally billed monthly with a 4-week minimum.

• Some months include 5 Sundays; fees may be adjusted accordingly.

• New vendors who begin mid-month may be billed for the remaining weeks of that month plus the following month’s minimum (as applicable).

All rental fees paid are non-refundable and may not be rolled over to future dates unless expressly approved in writing by the Market.

5. No-Show Fees

If you fail to attend when scheduled, you will still be charged your applicable rent/fee for that date. Notifying the office mid-week does not automatically waive a no-show fee unless the Market grants written approval.

6. Late Payment, Interest, and Non-Payment

• Payment is due as stated on the invoice.

• If payment is not received in full by the due date, the Market may impose interest/late charges, including 10% interest as described in your invoice and these Terms.

• If payment is not received, the Market may assume you are not attending and may rent the space to another vendor.

If the first Market date of the month falls before the 6th, rent may be due by 12:00 noon on the Thursday prior (as stated in the invoice or written notice).

7. Suspension for Non-Payment / Pre-Pay Requirement

After non-payment:

• the Vendor may be suspended until payment is made in full, and/or

• the Vendor may be required to pre-pay before being permitted to return.

Payment must be received prior to market day as directed (not on-site). Space assignment after reinstatement is subject to availability and may not be the prior space.

8. Refunds (If Approved)

If a refund is requested and approved in writing by the Market, a $10 processing fee may be deducted, and card processing fees are typically not refundable.

9. Nonprofit Booth Fees

• Nonprofit booth (non-selling): $50 with your own setup (unless otherwise approved).

• Optional rental package (tent/tables/tablecloths) may be offered at $100 (if available and approved).

10. CDFA Certificate Fee (Certified Farmers Only)

Certified farmers agree to pay $0.60 per certificate per market for the CDFA fund, collected weekly or through prepayments as applicable. The Market remits these funds as required.

SECTION V — VENDOR PAYMENT REPORTING & INTERNAL AUDIT POLICY

To ensure accuracy, fairness, and consistency across all participating vendors, the Market requires truthful disclosure of all accepted payment methods and accurate reporting of gross sales when commission-based fees apply.

The Market conducts internal audits and random spot checks as part of its standard operating procedures to verify reported sales figures, confirm consistency between disclosed payment methods and actual transactions, and ensure that commissions owed to the Market are calculated and paid correctly.

Audits may include, but are not limited to:

• on-site observations and spot checks,

• verification of transaction/payment methods in use,

• review of up to three months in the past point-of-sale summaries or daily reports, and/or

• follow-up requests for supporting documentation.

Audits may occur without prior notice during Market hours. Where a records review is needed outside Market hours, the Market may request access to relevant books and records upon reasonable notice (including 48 hours’ notice when applicable).

Any misrepresentation, underreporting, or failure to accurately disclose payment methods or sales activity may result in corrective action, including:

• adjustments to commissions owed,

• administrative penalties (including up to 10% of the underpaid amount when underpayment is confirmed),

• temporary suspension, and/or

• removal from the Market.

These procedures protect Market integrity, ensure equitable treatment of all vendors, and uphold trust with our community.

SECTION VI — SAFETY & COMPLIANCE GUIDELINES

1. Tent Weights / Anchoring

Due to City of Malibu regulations and public safety:

• Vendors must have approved weights/anchors available at the Market.

• Regular inspections may be conducted.

Failure to comply may result in:

• $25 penalty (first violation),

• $50 penalty (second violation),

• removal from the Market (third violation), due to safety risk.

Weights must be sufficient to secure each tent leg/pole as required.

2. Sampling Requirements

Vendors offering samples must use sneeze guards and comply with Health Department regulations.

3. Liquid Waste Disposal

Liquid waste must be disposed of only in designated areas prior to departure. A memo/map may be requested from the Market manager.

4. Animals / Pets

Vendors may not bring pets to the Market. Health Department rules apply.

• Service animals are allowed for customers only as required by law.

• Vendors must not serve food to customers at the booth while a non-service animal is present at the booth.
  Violations may result in removal, and if the Market is penalized or closed due to Vendor noncompliance, the Vendor may be responsible for related penalties and losses.

SECTION VII — AESTHETICS & BOOTH PRESENTATION

1. Tablecloths

• Tablecloths must cover table legs; cloth should sit approximately 1" above the ground.

• Penalties:

• $25 first violation

• $75 second violation

• third violation may result in removal

2. Required Tablecloth Color (When Applicable)

Farmers, prepared foods, preserved foods, and crafts must use dark green / hunter green solid-color tablecloths.

• Penalties:

• $25 first offense

• $50 second offense

3. Tents and Backdrops

• White tents are required.

• Tents must not be torn, heavily scuffed, or structurally bent/unsafe. Vendors may be asked to leave to maintain standards and safety.

• Vendors must have a white backdrop (when required) to conceal vehicles/trucks.

• Penalties:

• $25 first offense

• $50 second offense

4. Product Boundaries

Prepackaged foods and crafts must keep all products within the bounds of their tent.

5. Signage / Banners

Advertising is permitted on back-wall tent banners only (as directed by the Market).

• Banners must be approximately 2 feet high, with length based on tent count (e.g., 2’ x 10’ for one tent; 2’ x 20’ for two tents; etc.).
  Vendors may select their own printer/provider.

SECTION VIII — MALIBU CITY COMPLIANCE (BAGS / STYROFOAM)

No plastic bags or styrofoam are allowed due to Malibu City laws.

• Vendors must use paper bags only for customer bags.

• City inspectors may issue fines (commonly $100 for first offense and $200 for second offense; amounts may change).
  If the Market is fined due to Vendor noncompliance, the Market may fine the Vendor (including up to $200) and may impose additional corrective action.

SECTION IX — INSURANCE, CERTIFICATES & PERMITS

1. Required Insurance

Vendors must carry required insurance coverage as specified in the Market’s insurance requirements and/or the applicable rental agreement (including, where applicable, commercial general liability, product liability, and workers’ compensation as required by law).

Proof of insurance must be provided after acceptance and before participation.

2. Additional Insured

Upon acceptance, Vendors must add the required additional insured as specified by the Market. Proof must be emailed to:
malibufarmersmarket@cornucopiafoundation.net

3. Seller’s Permit (Craft Vendors / When Applicable)

It is the Vendor’s responsibility to obtain any required seller’s permit, send a copy to malibufarmersmarket@cornucopiafoundation.net, and display it at the booth as required.

4. Missing or Unsubmitted Documents

If documents are requested and not provided:

• $50 processing fee first offense

• second request may result in doubled fees and/or removal from the Market

5. Expired Documents

When any required documents expire, Vendors must email updated documents promptly. Failure to do so may result in a $25 processing fee.

SECTION X — NONPROFIT / RELIGIOUS GROUP BOOTHS

Nonprofit booths are non-selling unless otherwise approved in writing.

Rules include:

• Petition sheets must remain at the booth (no walking petitions).

• Nonprofits must stay behind their booth and may only engage visitors who approach the booth.

• No walking up/down aisles to solicit.

• No music.

• No religious rituals on site.

• Booth presentation requirements may include: white tent, white or hunter green backdrop, and hunter green tablecloth to the floor.

A sign may be posted stating: “Cornucopia is neither for or against this.”

Violations may result in closure of the booth and removal from the Market.

SECTION XI — COMMUNICATION & CONDUCT

1. Professional Conduct

Vendors must behave respectfully toward customers, other vendors, staff, and the public. Harassment, threats, intoxication, discrimination, or disruptive behavior may result in immediate removal.

2. Communications With Staff

To maintain safety and operational flow, Vendors may not interfere with or obstruct Cornucopia Foundation staff during Market operations. All operational communications, requests, and issues must be directed to the on-site market manager or through official email channels.

3. Recording

To avoid miscommunication and to protect operational integrity, Vendors and/or vendor employees may be recorded during Market operations where permitted by law.

SECTION XII — ENFORCEMENT, PENALTIES, AND TERMINATION

1. Notices and Corrective Action

The Market may issue warnings, penalties, corrective instructions, suspension, reassignment, or termination based on severity and frequency of violations.

2. Termination / Removal

The Market reserves the right to terminate participation and/or request a Vendor leave the premises immediately when deemed necessary for safety, compliance, Market integrity, or operational needs. Termination may occur with or without prior notice depending on circumstances.

3. Vendor Date Tracking

Vendors are responsible for tracking their committed dates. If the management office is required to look up dates due to Vendor failure to maintain records, a $25 processing fee may apply.

Vendor Attire / Required Market T-Shirt in SECTION VII — AESTHETICS & BOOTH PRESENTATION.

Vendor Attire / Required Market T-Shirt & Hoodie (Cold Weather)

All vendors and vendor staff are required to wear the official Malibu Farmers Market T-shirt while operating within the Market footprint, including during setup, Market hours, and breakdown.

Vendors must put on the required Market T-shirt immediately upon arrival and before beginning setup or engaging in Market operations. The Market T-shirt is required only while within the permitted Market area and is not required outside the Market footprint.

During cold or inclement weather, if a vendor or vendor staff member wears an outer layer (including but not limited to hoodies, sweatshirts, jackets, or coats) while operating, the outer layer needs be an official Malibu Farmers Market hoodie.

Vendors are required to purchase and maintain both the official Malibu Farmers Market T-shirt and hoodie for use as required. When the T-shirt and hoodie are purchased together, a bundled pricing discount may be offered at the Market’s discretion. No discount applies when items are purchased separately.

Official Malibu Farmers Market T-shirts and hoodies are available for purchase on-site.

Vendors who arrive without required attire, fail to comply, remove required attire while operating, or refuse to purchase required attire when applicable may be denied setup, required to suspend operations, or removed from the Market for the day. This policy is strictly enforced.

Failure to comply may result in corrective action, penalties, suspension, or termination of participation, as determined by the Market in its sole discretion.