MARKET AT THE SHOPS VENDOR APPLICATION PACKET THE SHOPS AT WAILEA 3750 WAILEA ALANUI DRIVE WAILEA, HAWAII 96753

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1 VENDOR APPLICATION PACKET THE SHOPS AT WAILEA 3750 WAILEA ALANUI DRIVE WAILEA, HAWAII Published April 16, 2017 (Version 1) This document is a general guideline and does not supersede current County of Maui or State of Hawaii ordinances.

2 Page 1 Our Mission The Market at The Shops is committed to supporting agriculture on Maui by providing a place for the community to find, connect and learn about the best, farm-fresh and sustainably grown produce, specialty food products and artisan goods available direct from the source, to provide an educational forum for consumers to learn the uses and benefits of locally grown or produced products, to enhance the quality of life by providing a community activity which fosters social gathering and to have a place for Maui nonprofits to promote their causes. Definitions 1. The Shops at Wailea (TSAW) refers to the entire shopping center and parking area located at 3750 Wailea Alanui Drive, Wailea, Hawaii Management Office refers to The Shops at Wailea Management Office located at Space B-51 at The Shops at Wailea. 3. Market at The Shops (Market) refers to The Shops at Wailea signature event providing a venue for local farmers, specialty food providers and artisans for the sale and marketing of their products. 4. General Manager (GM) refers to the lead person at The Shops at Wailea Management Office. 5. Marketing Manager (MM) refers to the Marketing lead person at The Shops at Wailea Management Office and primary on-site contact regarding the Market at The Shops. The General Manager is the back-up person for the Market at The Shops. 6. Operations Manager (OM) refers to the lead of maintenance and janitorial services and supervises the setup and breakdown of every event. 7. Vendor refers to the business operator and responsible party for the Market at The Shops booth rental. 8. Booth Rental refers to the space that the vendor is renting to display and sell their products. 9. Farm Product refers to the output of a farm including, but not limited to, fresh fruits, fresh vegetables, honey, meat, live plants, live animals or cut flowers. 10. Value Added Products refers to items that are prepared and ready to eat on site. Examples of such products include, but is not limited to, hot coffee, plate lunches, soups, sandwiches, ready to eat salads, smoothies and fresh baked goods.

3 Page 2 General Vendor Guidelines 1. Location: The Market at The Shops ( Market ) is located on the ground floor of The Shops at Wailea, 3750 Wailea Alanui Drive, Wailea, Hawaii Hours of Operation: The Market is held on the second and fourth Wednesday of every month from 4:00 p.m. to 6:00 p.m. 3. Market Provisions: The Market will provide one 10 foot by 10 foot commercial grade tent with two concrete weights, two 6 foot sturdy folding tables, two full length black tablecloths and two white folding chairs to each vendor. All Market provisions will be in place prior to 3:00 p.m. on the day of the Market. 4. Vendor Setup and Market Closure: Vendors should arrive no earlier than 3:00 p.m. and should be setup and ready to greet customers for the opening of the Market at 4:00 p.m. Vendors will keep all products setup until the Market closes at 6:00 p.m. Should vendor sell out prior to Market closing time, vendor will leave all branding in place for the duration of the Market. Vendors must remove all of their belongings including trash by no later than 7:00 p.m. No motorized vehicles or equipment are to be used to transport products to and from the parking lot to Market area. 5. Market Fees: Currently all application fees, participation fees and other fees have been waived. The Market reserves the right to implement a fee structure in the future. 6. Rules and Regulations: All Vendors shall comply with the Market Instructions, Rules and Regulations, and Code of Conduct and shall abide by any final decisions made by The Shops at Wailea Management Office. 7. Approved Products: Vendors will sell only items that have been approved on the application submitted. The Market has sole discretion to add or delete items from the list, and unacceptable merchandise quality will not be sold at the Market. 8. Reporting: Vendors are to submit a Market sales report of total daily sales to The Shops at Wailea Management Office. This can be done in person or via . Vendor sales will be used to determine the Markets effectiveness. 9. Indemnity Agreement: All Vendors, without exception, must sign the Indemnity Agreement before they can sell at the Market. 10. Use of Logo and Name Protection Statement: No use of the Market at The Shops logo or name will be permitted without the written permission of The Shops at Wailea Management Office.

4 Page 3 Market Location

5 Page 4 Market Layout

6 Page 5 Vendor Application and Selection Process 1. Vendor Selection Process: a. All Vendors must review this Vendor Application Packet for compliance requirements. b. All Vendors must complete, sign and submit a Vendor Application and supporting documentation which includes acceptance of the Market Rules and Regulations, and adherence to related governmental rules and permit requirements to The Shops at Wailea, Management Office, 3750 Wailea Alanui Drive, Wailea, Hawaii 96753, Attn: Marketing Manager. c. Application submission ensures that your application will be reviewed by the Market Vendor committee, but does not guarantee a place in the Market at The Shops. Applications must be clear, readable copies of your documents. d. Required applications, permits, licenses, and fees must be complete before Vendors will be allowed to participate in the Market. e. Submit the application fee. (Currently this fee is being waived). f. Vendor applications shall be reviewed as follows: i. Whether applicant is current on all Market payments (for existing Vendors). ii. The type of product(s) proposed for selling and the proposed revenue for those products. iii. Compliance with the Hawaii Department of Food and Agriculture rules. iv. Compliance with all other Federal, State, County, and Market Rules & Regulations. v. Compliance with safety and insurance requirements. vi. Overall balance of products sold at the market. vii. Preference given to locally grown/produced products and organically certified produce. viii. Seasonal availability of produce. ix. Seniority based on prior performance, attendance, compliance to rules, and standing with the Market. g. It is the Vendor s responsibility to complete, sign and return all required paperwork and fees. Incomplete packets will not be processed. 2. Documents Required - All Vendors must have the following documents on file with the Management Office at least five (5) days prior to the attendance at the Market: a. Copy of State of Hawaii general excise tax license. b. Signed Indemnity Agreement (form attached).

7 Page 6 c. Copies of any certifications claimed at booth level such as certified organic, food safety, etc. d. Copies of any permits or licenses required for authorization of the sale of Vendor s products. e. Copies of a valid and current driver s licenses for anyone driving into or out of the Market. f. Current certificate of vehicle insurance. g. Current certificate of insurance with a minimum of $1 million liability policy naming the following as additional insureds: i. HART Wailea, LLC ii. Heitman Capital Management LLC iii. Festival Management Corporation h. Prepared Food Vendors must provide, in addition, the following documents: i. Temporary Food Establishment permit for any prepared foods (cut greens, packaged food products, fresh prepared food products). ii. Department of Health Food safety training certification (or comparable). iii. Product liability insurance with a minimum of $1 million in coverage with the naming the entities listed in Section 2.g. as additional insureds. i. These documents must be maintained current at all times. Vendor is responsible for submitting updated COI s and permit paperwork to the Marketing Manager. Any changes in proposed items carried must be submitted via updated application and approved IN ADVANCE of carrying these items.

8 Page 7 Market at The Shops Code of Conduct The Market at The Shops minimum expectations for all market Vendors are that they be reliable, be set up to greet customers for the opening of market by 4:00 p.m., and keep a good, positive attitude for the duration of the market hours. Market Vendors are expected to meet these expectations, in addition to complying with the market rules and regulations, to be allowed to continue to participate at the market. Incidents of unruliness and verbal disdain will not be tolerated and will result in immediate and permanent expulsion from the market. 1. All Vendors at the Market shall support the mission and programs and not act in any manner that is injurious to such goals or purposes. 2. All Vendors must be properly dressed in clean clothes, must wear appropriate footwear at all times and must exercise appropriate hygiene when handling food products. 3. The market and immediate vicinity is a Family Friendly area and all are expected to act appropriately. Vendors must respect the right of Market customers to come to a clean and family friendly atmosphere where they feel safe and welcome. Shouting or hawking is not permitted. 4. Vendors shall represent themselves in a professional manner when interacting with customers, other Vendors and tenants at The Shops at Wailea. Vendors shall not discriminate in any manner against customers, other Vendors or tenants. 5. Smoking by Vendors is not permitted in the Market area nor within fifty (50) feet of the exterior sidewalk perimeter of the Shopping Center. Smoking is allowed only in designated areas. 6. All Vendors shall respect and treat each other kindly. Foul language, profanity, or other rude behavior is not permitted. Offensive remarks will not be tolerated. 7. Vendors are responsible for the actions of their representatives, employees and agents. 8. Vendors shall refrain from soliciting other Vendors in the Market during Market hours. 9. Possession of firearms or consumption of alcohol or use of drugs, or operating under the influence is not permitted and is grounds for permanent eviction from the Market. 10. Animals are not allowed in the Market area except for service animals such as seeing-eye dogs. 11. Children of Vendors under the age of 10 must be under control of the parent or guardian at all times. 12. No radios, boom-boxes or other sound devices may be played at the Market. 13. No bicycles, skateboards, skates, roller blades or motorized vehicles are allowed.

9 Page 8 Vendor Space Assignment 1. Vendor Space: Vendors with a history of good attendance at the Market will be given first priority and will receive regular assigned space. Reserved spaces not occupied 30 minutes prior to the opening of the Market may be reassigned. Vendors acting as a co-op shall be assigned one 10 by 10 foot space. 2. Market Provisions: The Market will provide one 10 by 10 foot commercial grade tent with concrete weights, two 6 foot sturdy folding tables, two full length black tablecloths and two white folding chairs to each vendor. All Market Provisions will be in place prior to 3:00 p.m. on the day of the Market. 3. Vendor Provisions: Vendors must provide their products, product display, signs and refrigeration (if required). All displays (containers, shelving, decorations, etc.) and signage must be approved prior to installation. 4. Vendor Setup and Market Closure: Each vendor will be assigned a ten foot by ten foot space. Vendors should arrive no earlier than 3:00 p.m. and should be set up and ready to greet customers for the opening of the Market at 4:00 p.m. Vendors will keep all products set up until the Market closes at 6:00 p.m. Should vendor sell out prior to Market closing time, vendor will leave all branding in place for the duration of the Market. Vendors must remove all of their belongings including trash by no later than 7:00 p.m. No motorized vehicles or equipment are to be used to transport products to and from the parking lot to Market area. a. Stall dimensions must be adhered to at all times, with no signage allowed outside of the booth footprint. b. Selling can only be done in designated areas. c. Stalls may be shared with the approval of Marketing Manager and proof of appropriate permits, licenses and product approval. d. Vendors sharing a booth must provide signage for consumers that identifies each vendor and contact information e. Vendors may not sublet stall space to others. f. If a vendor relinquishes ownership of their business, the new owner must apply for admission as a new vendor to the Market. g. All Vendors are required to clean up their stall following the close of the Market. Failure to do so shall result in a fine (equal to the amount of a professional cleaner), and a written infraction and/or loss of future vendor opportunities.

10 Page 9 h. Overnight parking is prohibited. i. Loading areas must be used to drop off and pick up only. There is no parking or standing in the drop off or loading areas at any time. j. All Vendors must provide emergency contact names and phone numbers to the Marketing Manager and this information should be updated when necessary. 5. Space Setup and Management: a. Equipment: Vendors are responsible to present an attractive and safe booth environment for customers, providing their own product display and equipment needed to sell that day. Each venue has its own equipment requirements. b. Scales: Purchases based on produce weight must be weighed on a certified scale. Vendors using scales must have them calibrated and registered with the Department of Agriculture. Appropriate documentation should be with vendor on site at the Market and available on request by the Marketing Manager. c. Signage: All Vendors within a booth space must have signage identifying their farm or business prominently displayed and including contact phone numbers. Signs for products and prices should be legible and clearly displayed. All signage other than the name of business and pricing information must be approved by the Marketing Manager. All produce not personally grown by the farmer must be identified as such and credit the farm of origin. For value added and food products, Maui grown ingredients must be prominently identified to the customer. All prepared food products shall indicate the farm based products utilized and credit the farmer. d. Removal of Trash: Vendors are responsible for maintaining cleanliness in their booth and immediate surrounding area. Vendor shall provide a small trash can for refuse when samples are provided. Each vendor is responsible for their own trash and must take their trash home with them instead of filling the Market trash cans and dumpsters. 6. Pricing and Cash Handling: a. Pricing: i. Pricing of goods sold at the Market is solely the responsibility of the individual vendor. ii. Goods offered for sale shall be clearly labeled with their price or prices shall be otherwise clearly posted. b. Cash transactions: Vendors with more than 10 cash transactions per day are required by the Department of Taxation to have a documented record system and must offer a receipt or other record of the transaction. From time to time, the Hawaii State Department of Taxation may approach Vendors at the Market for verification of receipts for cash

11 Page 10 transactions or the vendor s documented record system. c. Vendor Payment of Taxes: All Vendors shall report all income received to the appropriate taxation authorities and pay all applicable taxes, including but not limited to general excise, state and federal income taxes, municipal taxes, etc. Vendor further represents and warrants it shall indemnify and hold harmless the Market for any failure to pay any applicable taxes. Vendors must be in compliance with all Hawaii State, County, and Federal tax laws. Any tax violations may lead to cancellation of vendor participation at the Market. Upon remedy of the violation, the vendor may be considered for return to the Market upon availability of booth space. 7. Additional Requirements: ADDITIONAL REQUIREMENTS FOR PREPARED AND PROCESSED FOOD VENDORS. In addition to the general requirements for all Vendors, Vendors cooking and serving food, including farmers who are sampling their products to customers, must adhere to all State of Hawaii Department of Health (DOH) regulations found in Hawaii Administrative Rules, Chapter Foods shall be prepared in a certified commercial kitchen. Food Vendors must also have the following: a. Temporary Food Establishment Permit: Temporary Food Establishment Permit obtained from the Sanitation Branch of the DOH. Permits are issued for 120 day increments. Vendors are responsible for maintaining a current permit for each Market of participation. A copy of the current permit must be submitted to the Marketing Manager each time a new permit is issued. Vendors shall be prohibited from participating if the sanitation permit is not issued or current. Department of Health requires that you have a copy of your permit or waiver with you at the Market, and display it for the public. There will be periodic checks both internally and by the DOH Sanitation branch. b. Hand Washing Stations: Food Vendors are required to have their own hand washing stations within their booth pursuant to Department of Health (DOH), Hawaii Administrative Rules, Chapter It could be as simple as a cooler with a hands free spigot, receptacle for catching water, paper towels and antibacterial soap. c. Grills and Cooking Equipment: Food Vendors may use propane fired grills and cooking equipment and follow standard safety practices as required by the Maui Fire Department. Charcoal grills are not allowed. d. Fire Extinguishers: Whenever deep-fry cooking and/or grease laden vapors are produced, the vendor shall have a fire extinguisher with a minimum of 40B: C or Class K as required by the Maui Fire Department. e. Removal of Cooking Oil: Vendors must take discarded oil with them. No oil of any kind can get on the ground, sidewalk, or other areas in the Market locations. All food Vendors

12 Page 11 must use a ground covering under any cooking. Any violators shall be responsible for costs incurred for cleaning by the Market. f. The Centers for Disease Control Recommendations: The Centers for Disease Control and the Food and Drug Administration strongly recommend three barriers when handling ready-to-eat foods: (i) ensuring that no food handlers are ill, (ii) promoting effective hand washing by food handlers, and (iii) avoiding bare hand contact with ready-to-eat foods. g. Violations to Department of Health Requirements: Any Department of Health violations may lead to cancellation of vendor participation at the Markets. Upon remedy of the violation, the vendor may be considered for return to Market upon availability of space. FRESH FOOD SAFETY CERTIFICATION Vendors selling fresh agricultural products should adhere to good agricultural and food safety practices. These practices are intended to protect consumers. It is in the Vendor s best interest, as well as in the interest of the Market, that all Vendors follow accepted food safety standards. In addition, MCFB shall make available training, coaching and when possible, supplies to pass food safety certification. 8. Attendance, Absences and Cancellations: a. Attendance: i. Consistency and customer service are essential for the success of the Market. A vendor who participates in the Market must make a 6-month commitment and be present at the Market each week of that 6-month period. Vendors must understand that the Market exists to support agriculture in Maui by providing a venue for farmers in Maui to sell Maui grown and produced products and to promote MCFB message to buy locally grown. If the vendor is unable to make this weekly commitment, it is required that a well-trained Manager be available to talk to customers about the vendor s farm, ranch and products. The vendor of record must be present a minimum of once a month. ii. With prior approval from the Marketing Manager, a vendor may modify the monthly schedule. For example, once a month, every other week, the first and third week of each month, etc. It is required that the vendor be present at the Market on their scheduled day. iii. An excused absence does not apply to these attendance requirements.

13 Page 12 b. Absences: i. Absences due to illness, injury, death, personal family matters that affect one s ability to supply produce or product and staffing for the booth, equipment failure, lack of produce or product due to weather or other natural or manmade calamity need to be reported to the Marketing Manager with at least 24-hour notice to be considered an excused absence with no penalty. All other excused absences shall be granted on the discretion of Marketing Manager. ii. An unexcused absence occurs when a vendor does not show up for the Market on the scheduled day and provides no prior notification to the Marketing Manager. This no show is very disruptive to Market operations and has a negative impact on good customer relations. The penalty for an unexcused absence shall be the forfeiture of the fee for that day or loss of the booth assignment. iii. Should a vendor have two (2) unexcused absences, the vendor shall be advised that upon the third unexcused absence, the vendor shall forfeit the booth and must reapply to the Market and be evaluated for return to the Market. The unexcused absences are a matter of permanent vendor record. iv. In the event of an excused or unexcused absence, the Marketing Manager may fill the vacant booth with a temporary vendor from the current pool of eligible Vendors. v. Excused absences of extended periods severely compromise the Market s ability to provide a year around showcase for locally grown and locally manufactured products. The Market also recognizes that all current and former Vendors are important to the continued success of the Market. Therefore, the following policy shall be in effect for prolonged absences: Duration of Excused Absence Return Rights to Current Booth Return Rights to The Market Marketing Manager Action 1 week Yes Yes May fill booth with a temporary Vendor from the existing pool of Vendors or a Vendor on a trial 2 consecutive weeks Yes Yes basis. 3 consecutive weeks Yes Yes 4 consecutive weeks Yes Yes May fill booth with a permanent Vendor from (1) the existing pool of Vendors, (2) the current temporary Vendor, or (3) a new Vendor. The Vendor with the excused absence may return to 5 consecutive weeks No Yes the Farmers Market if booth space is available. If no booth space is available, the Vendor shall be placed on file.

14 Page 13 c. Cancellations: i. Rainy Weather Cancellation: Vendors are expected to participate in the Market regardless of the potential for rain. Weather forecasting is not always accurate. Therefore, the Marketing Manager shall assess the weather conditions on that day and cancel the Market if it is deemed hazardous to the Vendors and customers, damaging to merchandise and equipment or impacting business in a negative manner. The Marketing Manager shall determine whether Vendors will receive credit for a cancelled Market day. ii. Emergency Cancellation: If a circumstance arises where the Market needs to be cancelled, the Marketing Manager shall notify Vendors as soon as possible via text message, phone call or notification. In the event of a Civil Defense, State or Federal alert for tsunami, hurricane, terrorist attack, war, or a major life-threatening or property damaging disaster, the Market shall be cancelled by The Shops at Wailea. 9. Market Communications a. Vendor and Customer Service Issues - A harmonious environment is essential to supporting sales and a fun atmosphere for consumers. Any issues or complaints which take place at the Market either between customer and vendor, or among Vendors shall be reported to the Marketing Manager immediately. Vendors shall not take matters into their own hands. b. Complaints The Marketing Manager at the Market will be available for customer and vendor suggestions. Complaints must be directed to the attention of the Marketing Manager. Complaints will be reviewed by the Management Office, and where applicable the venue. Complaint resolution of matters of the nature is the responsibility of The Management Office. Compliments about the Market or its management are also appreciated and may be submitted in writing to the Marketing Manager. c. Accidents/Altercations/Other Incidents - The Marketing Manager or Security should be contacted immediately when an incident involving either customers or Vendors occurs, no matter how minor the incident may appear. The Marketing Manager or Security shall (1) assess the situation, (2) call emergency services, if necessary, and (3) submit a written incident report to The Management Office.

15 Page 14 Vendor Rules and Regulations 1. Admission of an Approved Vendor To become an approved Vendor at the Market, a prospective Vendor must complete and submit a Vendor Application Form which includes acceptance to the Market Rules & Regulations and adherence to related governmental rules and permit requirements. All required documents are on file including, but not limited to, applications, permits, certificates, licenses and fees. 2. Products For Sale Vendors shall only display or advertise items that have been approved for sale. Vendors may promote their farm related activities at their booth at the discretion of the Marketing Manager. 3. Booth Space: a. Vendors must accept the booth space assigned by the Marketing Manager. b. Vendors must provide their own equipment including refrigeration they may need. c. Vendors are to arrive no earlier than 3:00 p.m. to setup their booth. d. Vendors must remove their equipment within an hour of the Market closing time. e. Vendors must maintain their booth space in a neat and sanitary condition. Each Vendor shall remove containers, waste, and trimmings before leaving the Market. 4. Parking All Vendors are responsible for parking fees charged at The Shops at Wailea for themselves and all persons working the vendor s booth. a. Vendors shall obtain a parking debit card for each person working the vendor s booth. b. There is an initial deposit fee of $25.00 for the Debit card which is refundable if the card is returned. Deposit fees are forfeited if the card is lost or stolen. An additional deposit will be required for the replacement card. c. Debit cards are loaded with any dollar amount in multiples of $5.00. It will be the vendor s responsibility to ensure their debit card has money available on the card at all times. Debit cards can be reloaded at the parking office during office hours or at the five pay stations located within The Shops at Wailea. d. Debit cards will allow Vendors to enter and exit at any time of the day. The Debit card will have $1.00 deducted from the card on each exit. 5. Signage Vendors must display a sign of at least 12 x 24 in the booth clearly identifying the name of the vendor and their location (county and town). The letters on the sign must be a minimum of 2 inches in height. All signage must be pre-approved by the Management Office. Other information such as telephone number and website may be included. 6. Utilities Vendors shall assume that no electricity, water or gas is available for their use. If electricity is available, Vendors must comply with Market restrictions on running of extension cords and any coverage of the cords that are exposed or in common areas used by customers.

16 Page Trash - Vendors are responsible for maintaining cleanliness in their booth and immediate surrounding area. Vendor shall provide a small trash can for refuse when samples are provided. Each vendor is responsible for their own trash and must take their trash home with them instead of filling the Market trash cans and dumpsters. 8. Compliance Vendors and their employees are responsible for informing themselves about and complying with federal, state, county and local health regulations and licensing requirements governing the production, display, distribution, sampling and sale of their products. The Vendor is responsible and liable for all claims and damages resulting from the sale of unsafe, unapproved or unsound goods. 9. Labeling All foods must be properly labeled. No un-labeled packaged or processed foods are allowed. 10. Permits and Licenses All required permits, licenses and certifications shall be displayed prominently during the Market hours. 14. Access - Vendors will ensure that they do not block or impede traffic flow of loading areas, pedestrian walkways or entrances or hotel shuttle drop off/pickup zones and may not block, restrict access to or otherwise interfere with the operation of the Market or The Shops at Wailea. 11. Reservations and No-Shows Advances booth space reservations are required. If a Vendor reserves a space and fails to either cancel at least 48 hours in advance of the Market begins or appears on the Market day, the Vendor is considered a No-Show. If a Vendor No-Shows more than two times, then their reservation is deemed abandoned and will be forfeited and given to another Vendor. Vendors that have their reservation terminated and want to participate in the Market will have to reapply. 12. Late Arrivals and Early Departures Vendors not fully setup for business at the opening of the Market will be considered a late arrival. Vendors who depart prior to the closing of the Market will be considered an early departure. Two offenses of either will result in the reservation being terminated and will be given to another Vendor. Vendors that have their reservation terminated and want to participate in the Market will have to reapply.

17 Page 16 Vendor Application Form INSTRUCTIONS: 1. Print out and complete the Vendor Application Form in its entirety. 2. Initial and sign the application where indicated. 3. Mail the completed application along with clear, readable copies of the required documents and a check made payable to The Shops at Wailea for the required Application Fee to: The Shops at Wailea Management Office 3750 Wailea Alanui Drive Wailea, Hawaii Attn: Marketing Manager Business Name: Applicant s Name: Street Address: City: Zip Code: Address: Web Address: Business Phone #: / / Cell #: / / Please check the boxes that applies to your business: Farmer Specialty Food Artisan Winery Craft Brewer Non-Profit Food Will you prepare food onsite? Yes. Returning vendor No New vendor Names of employees or family members who may represent you at the Market:

18 Page 17 A brief description of your services or goods written as you would like to see it appear on The Shops at Wailea website: Please indicate which contact information of yours we may make available to our website visitors: Phone number Business address Other Mailing address _ Accept payment by credit card? Yes No Products to be sold: Please list all products you would like to sell in Before any new product can be brought to the Market it must be approved by the Marketing Manager and The Shops at Wailea Management Office. Vendors caught selling items not yet approved or not listed on their application will be subject to fines by the Marketing Manager. Repeat offenses will result in suspension or ejection from the Market. Please attach a separate sheet if more space is needed. Farmers may reference CPCs. Products Products

19 Page 18 Placement: List 1-2 favorite neighbors at the Market or special relationships or considerations you wish to acknowledge. Special Needs: Electricity Shade Other: Other Circle the dates you would like, or cross out the dates you are unavailable below. Market dates are the dates in the white boxes. No Market is held during the gray shaded boxes. Jun Wed Jul Wed Aug Wed Sep Wed Oct Wed Nov Wed Dec Wed Jan Wed Feb Wed Mar Wed Apr Wed May Wed I, and anyone else selling for me at the Market at The Shops, have read and agree to abide by all Market Rules & Regulations, Market Code of Conduct as well as all Federal, State, County, and City laws pertaining to selling at a Market. I understand that failure to do so could result in my suspension or expulsion. I agree to respect the Mission Statement of the Market at The Shops as found in the Rules & Regulations. None of my activities will detract from the agricultural character or safety of the Market.

20 Page 19 I agree to follow the Parking Policy & Procedures established by The Shops at Wailea. I agree to give the Marketing Manager at least 48 hours notice if I will not be attending the next market for any reason, including lack of product to sell. If I fail to do so, then I agree to pay my regular stall fee for that Market day. If an emergency arises and I cannot make it to the Market on time, I will notify the Marketing Manager by calling (808) by 8:00 am on the day of the Market. I agree to pay my regular stall fee if I do not attend and have not notified the Marketing Manager. I agree that I must take into consideration how my product displays and the positioning of my tables and signs affect the overall appearance and safety of the Market and my neighbors. Sandwich boards must be within the booth space, and not be in the Market aisles. I agree to remove all my personal garbage and the garbage created by my sales from the Market and The Shops at Wailea and not leave them behind in Market receptacles. I understand that the Market has a good relationship with the tenants at The Shops at Wailea and its surrounding resort communities. I will not damage any of the landscaping, or leave any trash behind in the parking lot. I will not dispose of water that contains bleach, coffee, produce, or coals, in the drains or in the landscaping. I agree to allow pictures or video to be taken of me at the Market to be used on the Market website, and by anyone else who might want to promote The Market at The Shops. I agree to cooperate with other Vendors and the Marketing Manager in maintaining harmony at the Market. Failure to do so could result in my suspension or expulsion from the Market. Trust is an important element of our Market. If you know the rules and regulations, there should not be any violations. Please sign, date and print your name where indicated below. Signature: Name (print): Company (print): Date:

21 Page 20 RELEASE AND INDEMNITY In consideration for allowing my participation at The Shops at Wailea s Market at The Shops, the undersigned agrees to all of the following terms and conditions. I agree to comply with the Market at The Shops Rules and Regulations, as may be amended from time to time, and all applicable laws, rules and regulations, and will conduct my business and activities at The Shops at Wailea in a safe, efficient, high class and reputable manner. I hereby release Hart Wailea, LLC, Heitman Capital Management LLC, and The Festival Companies, and each of their members, managers, officers, directors, employees, representatives, agents, successors and assigns (collectively, Released Parties ) from liability for property damage, bodily injury, illness or death which I may incur as a result of my presence and activities on, and participation at, The Shops at Wailea s Market at The Shops. I hereby assume all risks connected therewith and by my signature below, I consent to this Release and Indemnity in connection with my participation at The Shops at Wailea s Market at The Shops. In consideration of my being permitted to participate at The Shops at Wailea, I, for myself and on behalf of my heirs, executors, administrators, trustees, successors, assigns and anyone else who may claim on my behalf, hereby waive any and all claims, liability and damages of any kind whatsoever I may now or in the future have against the Released Parties, arising by any means whatsoever, including, but not limited to, death, injury, illness, damages to or loss to my person or property, no matter how caused, arising from or in connection with my presence and activities on, and participation at, The Shops at Wailea s Market at The Shops. Further, I also agree to indemnify, defend and hold harmless each of the Released Parties from and against any and all actions, claims, liabilities, assertions of liability, losses, costs and expenses including, but not limited to, attorneys' fees, reasonable investigative and discovery costs and court costs, which in any manner may arise or be alleged to have arisen, or resulted, or alleged to have resulted, from my presence and activities on, and participation at The Shops at Wailea s Market at The Shops including, but not limited to, claims for bodily injury or death of persons and for loss of or damage to property. Signature: Name (Printed): Date: