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 service 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 service fee ("service fee") to the retail price at checkout, with makers retaining the service fee following the sale 3\ payment of good sold and terms 3 1 payment for goods sold makers will pay 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 docid\ yrtvssscoyhkeopfrcgzh schedule 3 3 stripe account setup the vendor will receive a unique link to 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 past due / late payment policies docid\ wynrxb3tyes2zkzp45p4j 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 docid\ rapof8 pe6hlhywczkm4g 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 docid 177kjvyvf500h4r3zx5qh 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 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 docid 5vcotm9mxap19cgyiu7vg , as outlined on the makers help center 5 5 membership fee payment the vendor is responsible for paying membership fees to makers 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 requirements apply to specific categories, as detailed on canada ca/insurance 5 9 conflict of interest vendors who are actively selling their goods at makers are prohibited from concurrently operating their own standalone physical store, offering 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 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 docid 79xmjcneu93ud5mznpetj , 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 wholesaling the vendor may not sell products that are wholesaled and resold unaltered in makers stores 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 if the vendor is found to be in violation of this policy, they can have their membership terminated or have specific non compliant items removed from their display 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 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 here https //docs shopmakers ca/store contact information 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 mvpos alternatively, you may adjust your pricing directly in mvpos 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 , 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 holiday move out blackout period a blackout period is in effect from december 10 to january 31 during this time move outs are not permitted membership changes (e g , upgrades, downgrades, or space adjustments) are also not permitted 6 5 canceling your membership to cancel your membership, you must submit one month’s notice using linked below notice must be provided via the form only emails, phone calls, or in person 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 period this allows time for administrative tasks and store operations planning 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 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 removal upon cancellation, the vendor is responsible for removing all products from the store or making arrangements for their removal by the contract end date if products 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 product pickup policy docid\ jb2x1nqfut 38nf6i4otr 6 6 termination of memberships makers reserves the right to terminate memberships for various reasons, including but not limited to, non compliance with store policies, 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