Terms of Service

1\ introduction this agreement ("agreement") is entered into by and between the vendor ("vendor") and makers, collectively referred to as the "parties," for the purpose of establishing terms and conditions related to the display and sale of goods at makers retail locations (the "property") 2\ goods and pricing 2 1 goods selection and display the vendor agrees to provide a curated selection of goods ("goods") for sale at the property these goods will be displayed in a designated space mutually agreed upon by both the vendor and makers however, makers reserves the right to relocate the vendor's goods to an alternate, but equivalent, space within the property for purposes such as remerchandising or loss prevention in such cases, makers will provide the vendor with no less than 48 hours' notice of the move if the vendor requests a relocation, they may do so only once within a 90 day period 2 2 goods selection policy vendors must create the goods themselves, with all materials being sourced/created in canada or vendor assembles the final goods themselves, but source materials are purchased from canada or internationally having custom packaging on a wholesale item does not count as assembling it yourself or the vendor design/conceptualizes the goods themselves, but someone else makes it manufacturing is preferably in canada, however, if not possible, international manufacturing is acceptable all goods must be accurately described and must not infringe upon any third party intellectual property rights if goods infringe on third party intellectual rights, makers assume no responsibility for the infringement and it falls entirely on the vendor of the goods 2 3 base price and operational fee the vendor shall set the base sale price ("base price") for each goods item, inclusive of all applicable sales taxes makers will add thirteen percent (13%) as a operational fee ("operational fee") to the retail price at checkout, with makers retaining the operational fee following the sale 3\ payment of good sold and terms 3 1 payment for goods sold makers will pay out the vendor the base price for all goods sold at makers retail locations 3 2 payout schedule sales are directly deposited into the vendor's bank account twice monthly according to the makers sales payouts https //docs shopmakers ca/sales payouts schedule 3 3 stripe account setup the vendor will create a stripe account ahead of their first sales payout to receive sales payouts, it is the vendor’s responsibility to ensure their bank account is correctly linked to their stripe account as part of the setup process, vendors must provide a valid photo id and proof of ownership documents to verify they are the rightful owner of the linked bank account all information submitted must be accurate and match official records to prevent verification delays 3 4 vendor responsibilities the vendor must ensure that their bank account information is accurate and up to date in their stripe account to facilitate the timely and accurate receipt of payouts the vendor is responsible for monitoring their stripe account and addressing any verification issues directly with stripe to ensure uninterrupted payouts 4\ membership fees 4 1 membership fees the vendor agrees to provide the goods in exchange for a membership fee ("membership"), as outlined below all membership fees will be collected via automatic withdrawal from the vendor's credit card on file on the payment due date each month makers will implement the late payment & billing policy https //docs shopmakers ca/late payment and billing policy for past due payments 4 2 payment schedule makers will collected membership fees from the vendors credit card monthly fees will be collected seven (7) days in advance of the vendors monthly renewal date to allow for a buffer period for any payment issues 4 3 summer surcharge / price adjustments the vendor acknowledges that monthly membership prices may change with 30 days' notice for specific locations like gastown, a summer surcharge may apply to accommodate increased store operation hours for tourists and cruise ships 5\ vendor's responsibilities 5 1 vendor move in policy the vendor has 2 3 weeks from the date they are accepted and pay their deposit to move into their designated space for new stores openings, the vendor has 2 3 weeks from the date of the store opening to move into their designated space if a vendor has not moved into their space within 6 weeks of paying their deposit, their membership will be canceled in such cases, the vendor’s deposit will be refunded in full for new store openings, vendors are expected to move in on the designated load in/set up days if the vendor anticipates any delays in moving in, they must notify makers at least 24 hours ahead of their scheduled load in/set up time a maximum delay of 5 days is permitted please refer to our vendor move in policy https //docs shopmakers ca/vendor move in policy for further guidelines 5 2 goods delivery and display the vendor is responsible for delivering goods to makers and preparing them for display at the agreed upon space during scheduled times 5 3 space maintenance the vendor must maintain and organize their designated space, ensuring it is regularly set up, decorated, and restocked the vendor's designated space must adhere to makers display size dimensions and requirements as noted here step 5 preparing your display https //docs shopmakers ca/step 5 prepare your display 5 4 restocking expectations and drop in hours the vendor assumes the responsibility to oversee their inventory numbers in all locations and restock when necessary displays are expected to be maintained and reasonably stocked at all times from time to time, store staff will reach out to let vendors know that their stock is running low, and it is time for a restock vendors are expected to reply to restock request emails within 1–4 business days when responding, please clearly communicate when you expect to either come in or ship your restock if your restock plan is not executed as outlined/agreed upon, and as a result your shelf remains empty for an extended period of time, or if repeated lack of response leads to ongoing stock issues, we may move forward with changes to your membership, including potential termination the vendor agrees to visit the property during designated restocking/vendor drop in hours https //docs shopmakers ca/vendor drop in hours , as outlined on the makers help center vendors are encouraged to come restock in person as much as they are able to do so if you do not live locally and are not able to come in person, please read our out of town vendor https //docs shopmakers ca/out of town vendor policies and guidelines policy for our requirements 5 5 membership fee payment the vendor is responsible for keeping a valid credit card on file and ensuring sufficient funds are available for all monthly membership fees to be collected on time 5 6 loss and damage the vendor assumes responsibility for any loss or damage to goods, displays, or related materials, including during shipping, handling, or while on the property 5 7 tax collection and remittance the vendor is responsible for collecting and remitting any applicable sales taxes promptly, as stipulated by law, indemnifying makers for any failure to do so 5 8 insurance requirements makers highly recommends that vendors obtain applicable business liability insurance and certificates for goods 5 9 conflict of interest vendors who are actively selling their goods at makers are permitted to sell their goods online, at other retailers, and/or at local markets there are no restrictions on where your goods can be sold and makers does not enforce radius clauses or require exclusivity however, vendors are prohibited from joining makers and subsequently using privileged and proprietary information to open their own competing brick and mortar physical store which offers the same or similar range of goods (aka offering the same roster of vendors as a makers location) and/or business model vendors found in violation may face corrective actions, including potential termination of their participation at makers 5 10 removal of goods as part of makers' terms of service, we retain the right to remove goods or vendor displays if, at our discretion, they are deemed offensive, inconsistent with advertising standards or if the products do not meet our policies and/or are deemed to be outside of the vendors niche additionally, the sale of sacred or protected indigenous goods, such as palo santo and sage, is exclusively reserved for indigenous makers if the vendor is not indigenous, these goods will not be permitted for sale at makers, and they will be promptly removed makers are also not permitted to share, rent or sub lease a section, or the entirety, of their shelf/display to another maker if a maker is found to be sharing or sub leasing, the rental/sub leased items will be immediately removed and returned to the maker 5 11 code of conduct the vendor is obligated to comply with makers code of conduct https //docs shopmakers ca/code of conduct , as outlined on the makers help center any breach of the maker code of conduct will result in immediate termination of membership and move out within 48 hours 5 12 product policies the vendor may not sell products that are in violation of our product policies https //docs shopmakers ca/product policies in store if a makers team member would like to collect more information regarding the vendor's product creation process, they may do so at anytime the vendor will have 48 hours to respond with sufficient evidence, during which time, their products may be removed while the investigation is underway if the vendor is found to be in violation of a policy, they can have their membership terminated or have specific non compliant items permanently removed from their display if the vendor does not provide adequate information on their product creation process, or refuses to provide information entirely, this may be grounds for membership termination 5 13 new product approval if a vendor wishes to bring new products into the store that were not previously approved, or that fall outside of their approved niche, these products must be approved by store management to apply for new product approval, please use the form below new product application form https //newproductapplication paperform co/ 5 14 product promotions guidelines for running an in store promotion to run a promotion, vendors must meet these criteria signage requirements vendors must provide clear, secure signage within their assigned space out of town vendors may ship signage or request the store team to create signage on their behalf contact your store manager first, as in store sign creation depends on the team’s capacity and is not always possible shipping signage is preferred if you're an out of town vendor promotion notification email the store manager with promotion details (promotion amount, how the promotion will be implemented and promotion timeline) using the contact information step 9 promote your launch docid\ ek1jlkytyypun4vxweres product labeling each item must be individually labeled with promotion details (e g , "10% off" or "buy 2 save $20") for seamless checkout or price adjustment in makerspos alternatively, you may adjust your pricing directly in makerspos instead of individually labelling your products non compliance with these guidelines may result in the promotion not being implemented as part of our code of conduct https //docs shopmakers ca/code of conduct , we ask that all vendors follow our policies and procedures when in doubt, please contact your store manager! 5 15 vendor/staff communication communication with our store teams must be prompt and courteous vendors are expected to reply within standard business response times (a matter of a few business days) if our store staff reaches out directly with any requests or concerns when communicating with store staff, use official channels only avoid personal communication methods such as texting, whatsapp, or personal instagram accounts preferably, use email at all times if using instagram, you must contact the official makers account (@shopmakers ca) or the official individual store account (@shopmakers \[locationname]) only 6\ membership terms 6 1 minimum commitment all standard memberships require a minimum commitment of three months , after which they continue on a month to month basis until notice of cancelation is given trial shelf and community shelf memberships are time limited and non renewable these memberships automatically expire after three months and do not require notice to cancel vendors with these memberships are eligible for upgrades beyond the specified term, with approval from store management 6 2 vendor company / ownership changes if your company changes employee(s) and/or ownership while you are an active member at makers, you are responsible for relaying makers' policies and procedures to the new company operator(s) whoever is overseeing your company must be up to date and informed of their duties and responsibilities as a makers vendor if you need assistance relaying the proper information and documentation, please contact your store manager 6 3 membership changes vendors may request to change their membership level after completing their initial three month term membership changes are limited to once every 90 days, subject to management approval and space availability all membership level changes should occur on the vendor’s monthly renewal date 6 4 account standing and expansion eligibility to remain eligible for membership changes, expansions to additional locations, or special program participation, the vendor’s account must be in good standing if a vendor receives a written warning related to frequent late payments, in store policy violations, code of conduct breaches, or repeated non compliance with makers policies, the vendor’s account may be placed under review during this review period membership upgrades and changes may be restricted membership expansions to additional locations will not be permitted applications for new spaces or programs may be declined an account will return to good standing at the sole discretion of makers once compliance has been demonstrated over a reasonable period of time 6 5 holiday move out blackout period a holiday blackout period is in effect from december 10 to january 31 each year during this time move outs are not permitted for 2025, the final move out date is december 10 notice of cancellation must be submitted by november 10 membership changes (including upgrades, downgrades, or space adjustments) are not permitted 6 6 canceling your membership to cancel your membership, you must submit one month’s written notice using the official cancellation form linked below notice must be provided through the form only emails, phone calls, and conversations with staff or store managers are not considered valid notice if notice is submitted during the initial three month commitment period, the cancellation will be subject to a six week processing timeline this allows adequate time for administrative coordination and store operations planning standard memberships standard memberships automatically continue on a month to month basis following the initial three month term until valid notice is received vendors remain responsible for all membership fees during the notice and processing period your membership end date will be confirmed once your cancellation form has been reviewed trial shelf membership cancellation trial shelf memberships are fixed term, non renewable programs designed for short term participation trial shelf memberships automatically expire at the end of the three month term no cancellation notice is required vendors are responsible for coordinating a move out date with store management and removing all inventory before their contract end date pending store manager approval, vendors may be offered the opportunity to upgrade to a standard membership when the trial concludes community shelf membership cancellation community shelf memberships are also fixed term and non renewable unless otherwise approved by store management these memberships automatically end at the conclusion of the approved term no cancellation notice is required vendors must arrange their move out with store management and remove all products by their contract end date requests for extensions or membership changes are reviewed on a case by case basis and are not guaranteed reinstatement if you decide to rejoin or reinstate your membership at any point after termination, your membership will be subject to a new agreement and may be subject to availability or changes in terms and conditions product and display removal upon cancellation, the vendor is responsible for removing all products and displays from the store or making arrangements for their removal by the contract end date if products or displays remain uncollected 30 days after the contract end date, the items will be shipped to makers studios (28 w 5th ave, vancouver) for a $50 fee these items will be stored at a rate of $100 per month for additional details, please refer to our 30 day pickup policy docid\ uhbqn5fy7tzb9jacjelfj 6 6 termination of memberships makers reserves the right to terminate memberships at any time for various reasons, including but not limited to, non compliance with store policies, abandoned shelves, vendor code of conduct, low monthly sales, unpaid invoices, or disputes related to membership payments any membership fees paid by the vendor are non refundable upon termination 7\ indemnification 7 1 indemnification of makers to the fullest extent permitted by law, the vendor hereby agrees to assume all liability for the goods and indemnifies and holds harmless makers, its officers, directors, agents, employees and lawyers, and its successors and assigns and their officers, directors, agents, employees and lawyers, against any losses, damages, costs, liabilities, claims, suits or expenses, including lawyers’ fees, suffered or incurred by them, directly or indirectly, relating to the display of goods at the property the vendor further agrees to indemnify makers against any claims or actions brought by third parties, including customers or other vendors, arising from the goods or the vendor's activities at the property this provision shall survive any termination of the vendor’s membership with makers or the parties’ business relationship, regardless of whether such termination occurs through expiration of the commitment term or by action taken or not taken by either of the parties