How to Sell at San Jose Flea Market
Vendor Rules

Vendor Rules

  

Be sure to read the How To Sell Here page for tips to increase your sales.
Visit theVendor FAQ page for answers to your questions or call (408) 453-1110
 

DAILY OCCUPANCY TERMS AND CONDITIONS

The Daily Occupancy Permit is subject to the terms and conditions set forth below. The permit is not transferable or re-sellable. Acceptance of the Permit constitutes Permitee’s consent and agreement to abide by all the terms and conditions of the Permit. Failure to obey the terms and conditions set forth in the permit form or to obey the request of the Flea Market Inc. employees or agents shall result in the revocation of the Permit and forfeiture of the Permitee’s space and fee. No refunds will be issued. No rain checks will be issued.

GENERAL TERMS AND CONDITIONS

  • The Flea Market, Inc. reserves the right to refuse entry to any person, entity, or organization.
  • The Flea Market, Inc. reserves the right to refuse admission to any Seller, and to inspect all merchandise.
  • The Flea Market, Inc. reserves the right to designate the selling area.
  • Reservations can be held only until 8:00 A.M. No rain checks or refunds will be issued.
  • No reservation changes (space location or date) are allowed after the purchase of the Daily Occupancy Permit.
  • Speed limit is 5 MPH.
  • Only one car or truck per space. A second vehicle will be charged for a second space.
  • Sellers must use only the spot assigned to them.
  • Any vehicle or combination of vehicles larger than 20 feet will require the purchase of a second space. A second car may not be brought in to unload merchandise or people without purchasing an additional Permit.
  • Anyone using a space not paid for will be charged and evicted.
  • Sellers must leave their space broom clean. Violators will be subject to a fine and possible future refusal to sell at the Flea Market, Inc.
  • No canvas covers may be erected that extend into a walkway or driveway. No nails, stakes or any material may be driven into the pavement. All awnings and covers must be weighted or tied down.
  • Produce may be sold only in designated area. No other foods may be sold, including candy or beverages. No cooking is allowed
  • No pets allowed, with the exception of service animals as required by law. No animals may be sold or given away.
  • No electronic extension cords may be connected to The Flea Market, Inc. power unless specifically specified in the Permit or a special ticket is purchased.
  • There will be no selling in walkways. All sellers must be within the lines that designate their selling space.
  • No games of chance, skill, or raffles are allowed.
  • No fireworks, handguns, or dangerous items may be sold.
  • Dealers are responsible for making sure that any pictures, books, records, etc. on display are acceptable for children of all ages.
  • No pornographic material is allowed.
  • Permittee is responsible for sales tax and all licenses requires.
  • No duplicate of the Permit will be issued. If your Permit is lost you must purchase a new Permit. Permitee’s children must stay with their parents at all times.
  • Rudeness to customers will not be tolerated. Repeated complaints of rudeness or complaints about exchange or refund policies regarding merchandise will result in permanent removal from The Flea Market, Inc.
  • Every person selling on the premises must comply with Sections 21660-21669 of the California Business and Professions Code. Permittee must list, prior to sale, all “personal property” on the appropriate form and file the form with The Flea Market, Inc. “Personal Property” includes all new and used merchandise. FAILURE to comply with this paragraph will RESULT IN EVICTION from The Flea Market Inc.
  • Soliciting signatures and distributing handbills must be done in an orderly manner and only on Permitee’s space. No soliciting or distributing handbills in walkways. Anyone not complying with this rule may be removed and denied future admission.
  • Permittee shall comply with all laws, ordinances, and regulations of Federal, State, County, Municipal, or other lawfully authority pertaining to the Permitee’s use of the premises, and shall at all times conduct himself in an acceptable manner.
  • All Permitees must be off the premises by 8:00 P.M.
  • No tattooing or body piercing.
  • Permittee must regulate the volume of radios, televisions, stereos, and sound amplification equipment so as not to interfere with those occupying adjoining spaces.
  • TERMINATION FOR GOOD CAUSE SHOWN – SALE OF UNLICENSED GOODS: Upon confirming Permitee’s sale of unlicensed goods, or upon written notice of Permittee’s conviction or guilty plea of either misdemeanor or felony charges with respect to violation of any federal or California law(s) relating to copyright, trademark, or counterfeiting activity at The Flea Market Inc., The Flea Market Inc. will immediately revoke Permitee’s license without prior notice, and require Permittee to IMMEDIATELY vacate the grounds of The Flea Market Inc. There will be no refund of monthly license fee(s) in the event of such revocation. Furthermore, such license revocation and removal is permanent.
  • Permittee agrees to comply with all requirements of any insurer which are reasonably necessary for insurance carried by The Flea Market Inc. for its own benefit. Permittee shall neither commit nor omit any act which would result in a cancellation of any insurance policy carried by The Flea Market Inc.
  • The Flea Market Inc. shall not be responsible or liable to Permittee for any loss or damage that may result to Permittee or his property or his property from water, fire, explosion, theft, willful or negligent act of The Flea Market Inc. or its officers, employees, or agents, or from any other source or cause whatsoever.
  • Permittee, his or her employees, assistants, helpers, or family members agrees to protect, indemnify, and to save harmless The Flea Market Inc. and its officers, directors, employees, and agents from and against any and all claims, arising from the acts of The Flea Market Inc, or The Flea Market Inc.’s agents, employees, or contractors, and any expense incidents to the defense by The Flea Market Inc. of any such demand or action for, injury to, or death of, persons, or loss of, damage to, property occurring on the hired premises or the adjoining aisles, streets or ways, and growing out of or connected with Permittees’, his or her employees’, assistants’, helpers’, or family members’ use and occupation of the premises.
  • All sellers have premise liability coverage for the date Permittee occupies the space. This coverage is limited specifically to damages paid for bodily injuries to customers arising from the negligent acts of Permittee at The Flea Market Inc. Determination of payment, settlement of claims, and handling of lawsuits is to be sole determination and option of The Flea Market Inc. All claims for coverage under this provision must be reported to The Flea Market Inc within 30 days of the date of alleged injury for any coverage to exist. No coverage is extended for injuries or damages to Permittee, his family, friends, employees, agents or sublicensee’s, or to the property of Permittee, his family, friends, employees, agents, or sublicensee’s.
  • No daily sellers may sell new VHS tapes, DVDs, phonograph records, audiotapes, laserdiscs, or any other sound medium. All monthly vendors selling such items shall pay an additional non- refundable license fee of $500.00.
  • ANY FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS WILL RESULT IN PERMANENT REMOVAL FROM THE FLEA MARKET, INC. TICKET WILL BE VOIDED IF USED BY ANY PERSON OTHER THAN THE PERSON WHOSE NAME APPEARS ON THE DAILY OCCUPANCY PERMIT
     

Call: (408) 453-1110 | Fax: (408) 437-9011 | email: info@sjfm.com
1590 Berryessa Road, San Jose, Ca 95133

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