Little Cholla Market Rules and Guidelines
Market Mission and Location
Mission:
Little Cholla Market operates weekly at Culdesac Tempe to serve the community. The purpose of Little Cholla is to cultivate community, provide a social gathering space, support local vendors, provide useful amenities for visitors, and serve as a hub for other groups to connect. The market allows vendors, local organizations and groups, food trucks, patrons to connect and grow relationships.
Market Location:
Culdesac Tempe
2025 East Apache Boulevard
Tempe, AZ
85281
Website & Social Media:
Market: instagram.com/littlecholla
Culdesac Neighborhood: culdesac.com
About Culdesac Tempe and Mobility Rebate Program
About the market location Culdesac Tempe: Little Cholla Market is located on the central plaza of Culdesac Tempe, the first car-free neighborhood built from scratch in the U.S. The Culdesac neighborhood is a mixed-use development with on-site retail (restaurant, coffee shop, bike shop, gym, grocery store) and space for 1,000 residents. The market is conveniently located on the Apache/Smith-Martin Valley Metro light-rail stop between Downtown Tempe and Downtown Mesa.
Parking Instructions:
Vendors will have 1 parking spot in the general parking lot. Route to 2001 E Apache Blvd, Tempe, AZ, 85281 for parking.
Vendor Policies
Requirements:
Little Cholla Market reserves the right to inspect the production facilities, farm, or site of any vendor.
No franchise businesses are allowed at Little Cholla
Fee Structure:
A refundable fee of $100.00 in cash or other immediately available funds (the “Deposit”) must be remitted to Culdesac upon Vendor’s confirmation of attendance for a retail booth at the Market.
Cancellation Policy:
No-show vendors are defined as vendors who do not call and do not show to the market. It is a vendor’s responsibility to notify by email if the vendor is unable to attend.
A no-call, no-show vendor, or a vendor that does not notify Culdesac of non-attendance prior to 48 hours before the market will not receive a refund of their market fee. Please always notify Culdesac f a vendor is arriving late.
Mobility Discount:
Culdesac will be offer a $5 mobility discount for all Little Cholla customers who attend the Market car-free (the “Mobility Discount”). Vendor agrees to collect tokens evidencing the Mobility Discount and to honor the Mobility Discount for Little Cholla customers. Following the conclusion of Market Hours on Vendor’s assigned Little Cholla attendance date, Culdesac will calculate the total Mobility Discount based on the number of tokens collected by Vendor and will reimburse Vendor for the total amount of Mobility Discounts provided by Vendor.
Proof of Insurance:
Prior to Vendor’s first day at Little Cholla Market, Vendor must provide Culdesac with proof of commercial general liability insurance in an amount not less than $1,000,000 per occurrence for property damage, bodily injury and personal injury with an insurance carrier acceptable to Culdesac. Culdesac shall be named as an additional insured on Vendor’s general liability insurance policy and Vendor shall deliver to Culdesac a certificate of insurance and endorsement of additional insured evidencing such coverage prior to Vendor’s first appearance at the Market.
Proof of Licensing:
Prior to Vendor’s first day at Little Cholla Market, Vendor shall provide Culdesac with a copy of Vendor’s Phoenix/Tempe Business License along with any other applicable license, permits, and other items required by the City of Tempe or the Maricopa County Health Department. Phone Julie Burns at City of Tempe for assistance: 480-350-8738.
Vendor Warranties:
Vendor warrants that its participation at Little Cholla Market shall be performed in a professional manner, consistent with industry standards and in accordance with this Agreement. Vendor warrants that its participation in Little Cholla Market shall comply with all applicable laws and regulations, including applicable city ordinances. Vendor warrants that the goods and services it offers and sells (collectively, “Vendor Products”), and the intellectual property, logos, advertisements, and trade names it uses (collectively, “Vendor Marks”) do not infringe or misappropriate any third party’s rights. Vendor warrants that it has all the rights, power, and authority necessary to display, use, offer, and sell the Vendor Marks and the Vendor Products.
Indemnification:
Vendor agrees to defend, indemnify, and hold harmless Culdesac and its affiliates, managers, members, employees, agents and representatives for, from and against any and all loss, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs), incurred in connection with any claims, allegations or suits, regardless of merit or outcome, arising from or relating in any way to: (a) Vendor’s participation in Little Cholla Market, including but not limited to the acts, omissions, sale of goods, and provision of services at Little Cholla Market of or by Vendor or its employees, affiliates, agents, representatives or guests (collectively, “Vendor Parties”), including, without limitation, injury or illness to market customers or damage to the Market and the surrounding property known as Culdesac Tempe, (b) any breach by a Vendor Party of any provision of this Agreement, (c) any violation by a Vendor Party of any applicable law, regulation, or rule, (d) any action undertaken by a Vendor Party that is outside the scope of Vendor’s authority under this Agreement, and (e) any infringement or other misappropriation by a Vendor Party of any third party’s intellectual property rights.
Responsibility for Taxes:
Culdesac shall not be responsible for withholding or paying any income, payroll, social security or other federal, state or local taxes, making any insurance contributions, including unemployment or disability, or obtaining worker’s compensation insurance on Vendor’s behalf. Vendor shall be solely responsible for, and shall indemnify and hold harmless Culdesac and its affiliates for, from and against, any such taxes or contributions, including penalties and interest.
Modification; Right to Terminate Vendors Participation:
This Agreement may be amended or modified by Culdesac from time to time in its sole and absolute discretion. Unless otherwise indicated by Culdesac, any such amendment or modification shall be effective immediately upon notice to Vendor, including, without limitation, notice provided via signage proximately displayed at Little Cholla Market. Culdesac reserves the right to immediately terminate Vendors participation at Little Cholla Market for any or no reason, without liability of any kind (but subject to a refund of the Deposit in accordance with the other terms hereof). Upon such termination, Vendor must immediately remit to Culdesac any accrued but unpaid fees owed to Vendor pursuant to Section 1, above.
DISCLAIMER:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LITTLE CHOLLA MARKET IS PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. CULDESAC DOES NOT WARRANT THE OPERATION OF LITTLE CHOLLA MARKET. VENDOR’S PARTICIPATION IN THE LITTLE CHOLLA MARKET IS AT ITS OWN RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CULDESAC WILL HAVE NO LIABILITY TO VENDOR FOR ANY LOSS, DAMAGES OR CLAIMS ARISING FROM OR IN CONNECTION WITH VENDOR’S PARTICIPATION IN THE LITTLE CHOLLA MARKET.
Basis of the Bargain:
Vendor acknowledges that the fees have been set, and its participation in the Little Cholla Market is approved, in reliance upon the limitations of liability, remedies, and disclaimers of warranties and damages set forth herein, and that all such limitations and exclusions form an essential basis of the bargain between Vendor and Culdesac.
Governing Law; Venue:
These Terms of Use and the Rules and Regulations attached hereto shall be governed by, construed and enforced in accordance with the laws of the State of Arizona without regard to its conflict of law principles. Vendor irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts of competent jurisdiction situated in Maricopa County, State of Arizona.
Photo Release:
By vending and participating in Little Cholla market, vendors acknowledge this Photo Release section to take effect immediately upon agreeing to vend. Vendors authorize Little Cholla Market and Culdesac to photograph, edit, change, copy, and make any use of all photographs of vendors and their products to be used for promotional purposes including any publication on the internet. Vendors acknowledge that they will not be entitled to payment or any sort of charge for such action and waive their right to any royalty or other compensation with regard to the usage of photos referred to in this release.
Vendor Acceptance & Scheduling:
Applications for vendors are accepted based on the variety of offerings at Little Cholla and the available dates. All vendors must have proper licenses and insurance to sell at Little Cholla market.
Vendor requirements:
- Complete vendor application
- COI, TPT
- Additional permits for food vendors: MFU (for food trucks)
- Health Permit Number (required for prepared foods): *For more information, contact Maricopa County Health Dept: 602-506-6872
- They hold all permits, licenses, and insurance policies necessary for their business operations
- They sign the Hold Harmless and the Participation Agreement included in the vendor application
- They are ontime with market payments and have no outstanding balances
Market Conduct
Vendors, this is your market as much as it is ours. Surely you will agree with the policy that consistency (being here every week), timeliness (being set up, the car moved and ready to vend 10 minutes prior to market opening) and friendliness (being considerate of each other) are essential in order for us to thrive!
Quality of Products:
We pledge transparency for our customers, and we do expect you to be honest and open with customers. It is unethical to source an item and pretend that it is something you have grown, made or created. It is unethical to purchase food items wholesale and repackage them to look like your own product. Please know that a violation of these policies will be grounds for dismissal at Little Cholla.
Day of Market:
When vending at Little Cholla you are committing to being present and set up for the entire duration of Market hours. We expect you to be in your booth for the duration of the Market hours, or have a fellow vendor watching your product for bathroom breaks. In addition, the breakdown of your booth cannot begin before the close of the Market. Culdesac may (but shall not be required to) hire a Market crew to assist with day-of Market tasks, but please be aware that at least 30 minutes before Market opening Culdesac’s crew will not be available to assist Vendor as they will be finishing Culdesac’s own last-minute Market needs. Little Cholla is a relaxed-vibe market, please do not stand outside of your booth promoting products, and please do not call out loudly to customers. Good signage to show what products you make, and a smile, will bring customers to you. If you choose to bring your child to the Market, they must remain in your booth from the time that Vendor arrives at the Market, to the time that Vendor departs the Market; they may not leave your side unaccompanied for any reason.
End of Market:
At the end of Market hours, please clear your products and area as well as dispose of your garbage in the large garbage/recycle bins.
Illegal Drugs:
Illegal drugs are not permitted at Little Cholla Market.
Employees:
It is your responsibility as the business owner to ensure any/all employees and agents are familiar with the policies and requirements indicated in this Agreement prior to starting at Little Cholla.
Questions:
We are so excited to have you join us at Little Cholla Market! Please contact Sierra, littlecholla@culdesac.com, with any questions.