This VENDOR AGREEMENT (“Agreement”) is made and entered into as of the last date below (“Effective Date”) by and between Elmhurst Christian Reformed Church, an Illinois religious corporation (“ECRC”) and the entity or person identified in Section 5 below (“Vendor”). ECRC and Vendor are sometimes referred to herein collectively as the “Parties” and individually as a “Party.”
WHEREAS, ECRC hosts the Elmhurst Farmers Market (“Market”) at ECRC’s premises, 149 W. Brush Hill Road, Elmhurst, Illinois 60126 (“Premises”); and
WHEREAS, Vendor wishes to participate in the Market as a vendor providing goods at the Market.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1) Term. The term of this Agreement shall be from the Effective Date through October 31, 2025.
2) Vendor Requirements. Vendor shall meet the following requirements (“Market Requirements”) in order to participate in the Market:
a) The Market is open every Wednesday from June 4, 2025, through October 29, 2025, excluding federal holidays that fall on Market days (“Season”). The opening hours of the Market are from 7:00 a.m. to 1:00 p.m. Vendor is required to participate in all Market days during the Season, unless otherwise agreed to in writing by ECRC. The Market will be closed during times of inclement weather.
b) Vendor must arrive at the Premises on Market days before 6:30 a.m. and be fully set up no later than 7:00 a.m. Vendor will be asked to leave if it does not comply with this schedule.
c) Vendor will not be allowed to breakdown its booth until after 1:00 p.m. on Market days.
d) Two (2) consecutive no shows, without notification to ECRC, will result in the automatic termination of this Agreement and Vendor’s participation in the Market.
e) Vendor shall properly secure and weigh down any tent(s).
f) One (1) vehicle may be parked at Vendor’s booth. Additional vehicles must park in the lot located on the east side of ECRC.
g) ECRC shall have the right to relocate vendors within the Market and to limit the 2 amount of stall space allowed for Vendor. Vendor may not reserve more than 15% of the total Market space unless approved by ECRC.
h) h) Vendor shall be responsible for the cleanup in the vicinity of its operation. No cardboard boxes, fruit, plants, trash, or displays are to be left behind.
i) Vendor displays, booths, signage, flags, banners, and any other writings, photographs, or pictures displayed at the Market by Vendor must be related solely to the goods sold by Vendor, such as Vendor’s business name and a listing or description of the good sold by Vendor. ECRC shall solely determine whether Vendor is in compliance with this requirement. Vendor shall promptly comply with ECRC’s instructions to remove any items which do not comply with this requirement.
j) j) Vendor shall be limited to selling plants, bakery, produce, consumable items, approved arts and crafts, and related items typically sold by farmers market vendors and holiday/seasonal items. The sale of other retail flea market items and antiques is prohibited.
k) Vendor shall sell or offer for sale at the Market only items that are produced by Vendor. Produce sold at the Market must be grown by Vendor and not purchased from a wholesaler.
l) All generators must be silent and approved by ECRC.
Vendor shall not sublease, sell or permit anyone to use their space.
m) MPORTANT: Vendors are solely responsible for complying with all federal state, and local laws, including DuPage County health regulations:
Click Here to Read DuPage Count Market Fact Sheet
n) Vendor shall provide the Waiver and Release of Liability signed by all persons who will or may attend the Market on behalf of Vendor.
o) Vendor shall pay the fee specified in the Vendor application.
p) ECRC shall have the right to update the Market Requirements at any time without prior notice to Vendor. ECRC will provide written notice to Vendor of any updates to the Market Requirements.
q) Any violation of the Market Requirements by Vendor, in ECRC’s sole discretion, may result in the termination of this Agreement and Vendor’s participation in the Market.
3) Insurance. Upon execution of this Agreement or at least 30 days prior to the first day of the Market, and prior to Vendor participating in the Market, Vendor will provide proof of 3
insurance of a Commercial General Liability policy acceptable to ECRC. Vendor shall provide ECRC with a Certificate of Insurance naming ECRC as Additional Insured thereunder on a primary and non-contributory basis.
4) Indemnification. To the fullest extent allowed by applicable laws, Vendor will defend, indemnify and hold harmless ECRC, and any of its past and present members, Senior Leadership Team, Elders, Deacons, employees, agents, attorneys, staff, volunteers, representatives, predecessors, successors, and assigns from and against, any and all claims, allegations, losses, liabilities, causes of action, lawsuits, proceedings, judgments, fines, penalties, damages, costs and expenses, including attorney, expert and consultant fees and legal expenses, relating to or arising out of any acts or omissions of, Vendor, including, but not limited to: (i) any services performed or good supplied at the Market, (ii) any personal injury (including death) or property damage, (iii) the inaccuracy, untruthfulness or breach of any representation, covenant, warranty, or any other agreement set forth in this Agreement or any other agreement between ECRC and Vendor, (iv) noncompliance with any applicable law or regulation, including laws relating to immigration, (v) any hazardous material brought to the Premises or released, (vi) infringement of a third party’s intellectual property or proprietary rights, (vii) taxes asserted or levied against ECRC that are the responsibility of Vendor, (viii) any material breach of this Agreement or any other agreement between ECRC and Vendor, and (ix) compensation or benefits of any kind by or on behalf of Vendor or any other party claiming an employment or other relationship with ECRC. This provision shall survive termination of this Agreement.
5) Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if (a) personally delivered (effective upon receipt), (b) sent via nationally recognized overnight delivery service, priority shipment (effective the next business day), or (c) mailed by certified mail (effective two business days after deposit in the U.S. mail):
If to ECRC, to:
Elmhurst Christian Reformed Church
149 W. Brush Hill Road
Elmhurst, Illinois 60126
or to such other address or addresses as each of the Parties may communicate in writing to the other by like notice.
6) General Provisions. A waiver by either Party of a breach of any term or condition of this Agreement shall not constitute a waiver of any further breach of a term or condition of this Agreement and no such waiver shall be effective unless in writing signed by the Party. This Agreement contains the entire agreement and supersedes all prior agreements and negotiations relating to the subject matter of this Agreement, whether oral or written, between the Parties. No promise, representation, warranty, or covenant not included in this Agreement has been or is relied upon by either Party. Each Party has relied upon its own examination of the full Agreement and the provisions thereof, and the warranties, representations, and covenants expressly contained in the Agreement itself. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by both the Parties. This Agreement shall be construed in accordance with, and its performance shall be governed by the laws of the State of Illinois, notwithstanding the choice of law rules of the State of Illinois. The Parties hereby consent to the exclusive jurisdiction of any court of the State of Illinois located in DuPage County or the United States District Court for the Northern District of Illinois (and in the appropriate appellate courts therefrom) to adjudicate all disputes arising hereunder. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY. If any one or more provisions of this Agreement shall be found to be illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Words in the singular shall include the plural and words in the plural shall include the singular. The paragraph headings used herein are for the convenience of the Parties and shall not be deemed to modify or construe the provisions hereof. This Agreement shall be binding upon and shall inure to the benefit of the heirs and personal representatives and/or the successors and assigns of the Parties. Vendor shall not assign this Agreement in whole or in part without the prior written consent of ECRC. The Parties have full legal power and authority to enter into and perform this Agreement. This Agreement may be executed in counterparts, each of which is an original, but all of which shall constitute one instrument. The Parties may deliver such counterparts by email or .pdf transmission, which shall be binding on the Parties as originals.