Terms of Service
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").
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.
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.
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.
Makers will pay the Vendor the base price for all goods sold at Makers retail locations.
Sales are directly deposited into the Vendor's bank account twice monthly according to the Makers Sales Payouts Schedule.
The Vendor is provided with a link to create a Stripe account with their registration information. It is the Vendor's responsibility to link their bank account to their Stripe account to receive sales payouts. During the set up process, the vendor is required to provide photo ID to verify they are the owner of the bank account being linked to Stripe.
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 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 for past due payments.
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.
The Vendor acknowledges that monthly Membership prices may change with 30 days' notice. For specific locations like Victoria and Gastown, a summer surcharge may apply to accommodate increased store operation hours for tourists and cruise ships.
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 for further guidelines.
The Vendor is responsible for delivering Goods to Makers and preparing them for display at the agreed-upon Space during scheduled times.
The Vendor must maintain and organize their designated Space, ensuring it is regularly set up, decorated, and restocked.
The Vendor agrees to visit the Property during designated Restocking / Vendor Drop-in Hours, as outlined on the Business Dashboard
The Vendor is responsible for paying membership fees to Makers on time.
The Vendor assumes responsibility for any loss or damage to Goods, displays, or related materials, including during shipping, handling, or while on the Property.
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.
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.
Vendors who are actively selling their Goods at Makers are prohibited from concurrently operating their own standalone physical store, offering the same or similar goods and/or business model. Vendors found in violation may face corrective actions, including potential termination of their participation at Makers.
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.
The Vendor is obligated to comply with Makers Code of Conduct, as outlined on the Business Dashboard. Any breach of the Maker Code of Conduct will result in immediate termination of membership and move out within 48 hours.
The Vendor may not sell products that are wholesaled and resold unaltered in Makers stores. All products sold at Makers must fall into at least one of our three Product Creation Rules. If a manager would like to collect more information regarding the 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 can have their membership terminated or specific wholesale products will be removed from their display.
All Memberships require a minimum commitment of three months, after which they will continue on a month-to-month basis until notice of termination is given.
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 in order to relay the proper information and documentation, please contact your store manager here.
Vendors may request to change their membership after their initial three month term, a maximum one time in a 90 day period. Change approval is subject to management approval and space availability. Membership changes should occur on the vendor's monthly membership renewal date.
A blackout period is in effect from December 10 to January 31. During this time:
- Makers cannot move out during this period
- Membership changes (e.g., upgrades, downgrades, or space adjustments) are also not permitted during the blackout period
Important Dates:
- The last day to submit a cancellation or membership change request to take effect before the blackout period is November 10.
- Any cancellations submitted after November 10 will be take effect between February 01 - 28
- Any membership changes submitted and approved after November 10 will take effect on the next monthly renewal date in February.
Notice to end your membership must be submitted via the End Term Notice Form linked below. One month's notice is required to cancel a membership. If notice is given during the initial commitment period, termination will be subject to a 6-week delay.
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.
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.