Vendor Agreement
NY State Certificate of Authority # (REQUIRED):
Business Name:
First Name:
Last Name:
Job Title:
Business Address:
Business Description (REQUIRED):
City: State: Zip Code:
Main Phone: Cell Phone:
Email: URL:
By signing below, I have been given the Vendor Welcome Kit which explains the rules for being a vendor at Montauk Market. I agree to adhere to these rules as stated and understand that any infraction may result in my inability to book a space at the Montauk Market or any other offered opportunities in the future. In addition, I agree to protect, indemnify, defend and hold harmless JOATNYC LLC d/b/a JOATNYFlea, Montauk Club, the Board of Directors, the City of New York and their respective members, officers, directors, employees, agents, and representatives from any and all claims, suits, actions, costs and damages to which JOATNYC LLC d/b/a JOATNYFlea, Montauk Club, its employees and Board of Directors, and/or the Department and City may be subjected by reason of injury to person or property, or wrongful death, as may result from any act, omission, negligence or incompetence of JOATNYC LLC d/b/a JOATNYFlea, Montauk Club, its employees and Board of Directors, or it agents, subcontractors, including all vendors participating in the market. I agree to abide by the rules and regulations of JOATNYC LLC d/b/a JOATNYFlea as described in the vendor information sheet/welcome kit, the vendor counterfeit acknowledgement and/or on the JOATNYFlea/Montauk Club website. I hereby grant JOATNYC LLC, d/b/a JOATNYFlea and Montauk Club, permission to use business names, logos, and any copy, artwork and photos from my website, social media profiles, or from the market for promotional and marketing purposes.
Signature:
Name (Print):
Date:
VENDOR COUNTERFEIT ACKNOWLEDGEMENT
Montauk Club and JOATNYFlea are grateful to work with such an impressive variety of talented artisans and passionate specialty dealers. It is imperative however, that all vendors understand the extent that federal law prohibits illegal activity by vendors, including the distribution, offer for sale and sale of counterfeit merchandise, and that this activity is punishable by significant fines and imprisonment for up to 10 years. Therefore, as an individual and/or business that wishes to sell products or provides services at or through Montauk Club and JOATNYFlea services (whether once or on repeated occasions), you are required to be aware of and agree to the below policies and responsibilities relative to your ownership of and intellectual property rights in the products and services you sell at the market.
Full Name (Print):
Business Name: (Hereinafter referred to jointly and severally as “Vendor”, “you” or “your”.)
This Vendor Counterfeit Acknowledgement ("Acknowledgement") sets forth your responsibilities as a Montauk Club/JOATNYFlea vendor. As such, you agree that JOATNYFlea d/b/a JOATNYC LLC, Montauk Club, its employees and Board of Directors, the City of New York and their respective members, officers, directors, employees, agents, and representatives are the beneficiaries of this Acknowledgement and shall have a direct right of action to enforce these terms and conditions. Failure to adhere to these requirements may result in your immediate eviction from the market and/or your inability to book a space at or through the Montauk Club/JOATNYFlea in the future.
You Vendor, by signing this document below: • Acknowledged that you will not be distributing, offering to sell, selling, or allow others to sell or make available for sale any counterfeit or trademarked products or services as part of your presence and activities at the Montauk Club/JOATNYFlea or at any of other of its markets or pop-ups. • Guarantee that you own, and/or have rights to all trademarks, service marks,
trade names, trade secrets, inventions, copyrights, licenses, and other intellectual property associated with the products and/or services that you sell or intend to sell at your booth in connection with your business as described in the “business description” section of the Vendor Agreement. • Warrant that your sale or resale of products or services does not infringe or constitute an infringement or misappropriation of or capitalization on, any patent, copyright, trademark, trade secret or other proprietary rights of any third party. • Acknowledge that this legal document including the terms above, paired with the Vendor Agreement and the Vendor Welcome Kit, constitutes the valid and binding obligations of Vendor in relation to your presence as a vendor at Montauk Club/JOATNYFlea or through its placement services or pop-up markets. You, Vendor, by signing below, further agree to defend, indemnify and hold JOATNYC LLC d/b/a JOATNYFlea, Montauk Club and its employees harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action brought against JOATNYC LLC d/b/a JOATNYFlea and Montauk Club for actual or alleged infringement of any patent, copyright, trademark, service mark, trade secret, or other proprietary rights of others based upon Vendor’s sale or resale of any product or service in accordance with the Vendor Agreement and this Acknowledgement. For the avoidance of doubt, you agree that this Acknowledgement will be binding upon you, and anyone who would have rights through you. This Acknowledgement shall be governed and construed in accordance with the laws of the State and City of New York.
Montauk Club and JOATNYFlea
25 8th Avenue, Brooklyn. NY 11217 | P: 347.636.7217, E: joatnyflea@gmail.com www.joatnyc.com/fleamarket OR www.montaukclub.com