A. AGREEMENT:
Upon approval by the Jackson Park Community Association, Inc. (hereafter, "Association"), a stall(s) rental agreement will be created between the Association and the stall renter/vendor. By execution of this application, each applicant agrees to comply with the Jackson Park Farmers Market Rules of Operation, which is incorporated herein by reference, and the terms of this application/agreement, if approved by the Association. The Association in its sole discretion may either approve or disapprove any application for a stall rental based upon such factors as the type of merchandise or produce that the applicant proposes to offer for sale, number of vendors, stall availability, etc.
For all vendors, payment by check or credit card in the amount of $185 per stall (full season) or $25 per week (for the first date) is required by the due dates given. Directions for payment will be provided to vendors if they are accepted for the 2025 season.
Fee(s) may be waived on a case-by-case basis and at the discretion of the Jackson Park Farmers Market Manager.
No Vendor will sell items before payment is made. All payments are non-refundable.
B. WEEKLY OPERATIONS:
The stall rental is for a designated area in Jackson Park, located at 3500 West Forest Home Avenue (on the Kinnickinnic River Parkway between S. 43rd St. and W. Forest Home Ave.) Milwaukee, WI 53215, on Thursday evenings from 3:00 pm to 6:30 pm from June 12, 2025 through October 2, 2025, (No Market on July 3rd, 2025) unless terminated earlier. The Market is held RAIN or SHINE, meaning all producers are expected to participate unless “cancelled” officially, if it is deemed absolutely necessary due to weather conditions. The weather conditions where you reside in many cases are not the same in Milwaukee. We will send an email if the Market is officially cancelled for the day.
The Jackson Park Farmers Market must be notified at JPFarmersMarket@yahoo.com in advance of any dates you know that you will be absent from the Market. Unless an emergency situation arises, notification must be received by noon on the Monday prior to the Market Day. Advanced notification allows the Market to fill stalls on market days with one-day participants or move other market participants together to fill in the gaps. This also allows for social media updates to occur notifying customers of the change. Two absences without advance notification to the Manager may result in a termination of the rental stall.
Vendors shall arrive no earlier than 1:00 pm to set up his/her displays, but actual sales shall not commence before 3:00 pm or take place after 6:30 pm. All Vendors must be parked on the street by 2:45 pm. Selling shall promptly start at 3:00 pm. Vendors not in place by 2:45 pm may not have access to their regular space. Vendors who do not abide by this rule may lose their preferred assignment.
Vendors must agree to sell for the entire market and are required to stay to represent their business, even if sold out. No early pack up will be tolerated.
Vendors must vacate the selling area no earlier than 6:30 pm and no later than 7:30 pm and all clean- up must be completed promptly.
No Vendor shall engage in solicitation, collection drives, political or religious activities in the market. No loud hawking of items is allowed.
Participants must furnish their own tent, tables, chairs, and other display items. All items must be clearly priced. In case of rain, you must provide your own protection. All tents and coverings MUST be fully secured for wind with stakes and/or weights per leg, not secured to a vehicle. Weights/stakes must be used each week regardless of wind conditions. Here is a link to help guide you as to appropriate weights for your tent Weight Needed to Hold Down 10x10 & 10x20 Canopy | MVP Visuals
Vendors must keep the vicinity in and around their selling area clean at all times and remove refuse and unsold items at the end of each Market Day. Vendors must provide their own trash receptacle(s) when selling ready-to-eat items. No Vendor shall smoke tobacco, drink alcohol and/or possess or use any controlled substance while at the Market.
Vendor’s dogs/pets are not permitted on market premises. Stall renters who bring dogs to the market will be asked to remove these animals from the market. Failure to do so, or any recurrence, will be deemed a violation of market rules. Service animals are allowed.
Photographs/video of vendors at the Jackson Park Farmers Market are taken during each market. As part of the consideration for the use of a booth space, vendors and vendor’s staff participating in the Farmers Market authorize Farmers Market to use any photographs/video taken of said persons during the Farmers Market Day activities and waive all claims that said persons may have or claim to have resulted from such photos or reproduction of them.
A grower of producer is a person offering for sale articles for consumption, such as fruit, vegetables, edible grains, nuts and berries, apiary products, maple sugars, syrups, and non-edible articles such as cut or potted flowers and plants, which articles have been raised or prepared by the grower or producer, members of his family or by persons in his employ. The participant may not bring in products he has not raised or has bought from someone else for resale at the Jackson Park Farmers Market. An artisan is a person offering for sale any type of arts or crafts and must produce their own products. If this rule is violated by any type of producer and substantiated, the Farmers Market Manager has the right to ask the participant to leave and forfeit any fees paid.
All items offered for sale at the Market must be first quality, unless they are expressly posted as "seconds."
Only products certified as organic may be labeled as "organic."
By execution of this application/agreement, applicant agrees to make available for inspection those lands or areas upon which the merchandise or produce offered for sale at the Jackson Park Farmers Market is raised or produced. Failure to provide location or access shall be considered a violation of the rules and regulations of the Jackson Park Farmers Market and this agreement.
Applicants must supply a list of merchandise, crops or produce that they propose to sell at the Market and the location where such merchandise or produce is grown or originates. Only Wisconsin grown or produced items that meet all applicable federal, state and local rules and regulations and approved by the Manager may be offered for sale. The selling of products not locally grown and/or crafted constitutes cause, at the option of the Market, for termination of the stall rental agreement.
Exception: If a product is not grown or produced in Wisconsin an exception may be made by the Market Manager based on the need for a variety of items.
Prices for all items for sale shall be posted clearly on a sign. No item shall be sold unless the price of an item is clearly displayed. Each Vendor shall establish prices for his or her items offered for sale.
Collusion among Vendors to raise or lower prices or to exert pressure or persuasion to cause any Vendor to increase or decrease selling products is prohibited.
A Jackson Park Farmers Market/Milwaukee Parks System sign may be provided to Vendors and must be displayed. If the Vendor is approved for WIC/Senior Nutrition, this sign must also be displayed for customers. All proposed banners, signage and advertising on or within the Park, temporary or portable structures, is subject to the final approval of the Market in order to comply with the underlying Jackson Park Community Association's agreement with Milwaukee County.
Sales of alcohol is allowed with prior approval by both Milwaukee County Parks and Jackson Park Farmers Market.
Sales of tobacco are prohibited. Vendors must comply with Milwaukee County prohibitions, including prohibitions against the sale of gum and glass bottles.
Vendor agrees to accept the following if eligible: EBT/SNAP, WIC/Senior FMNP, MKE Market Match, JPFM tokens and other token/match programs the Market engages in. This includes the completion and submission of the weekly deposit form with total sales information. Reimbursement for SNAP, MKE Market Match, JPFM Tokens and any other token/match programs will be made via a payment schedule provided on or before the first day of the market season.
Stall renters shall carry insurance to cover the extent of their operations and liabilities and must have a current license(s) from the City of Milwaukee Health Department and State of Wisconsin Agriculture Licenses as required by law. Auto liability insurance is required for all vehicles used by Vendors in/around the market venue.
C. VENDOR LICENSING & COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS:
The stall renter is solely responsible for obtaining all necessary licenses or permits required for the sale of his or her product to the public. Copies of such licenses/permits shall be submitted to the JPFM at time of request. Whenever necessary, the Vendor shall submit copies of any applicable license/permit renewals. Food Vendors must follow City of Milwaukee Health Department Regulations. For more information, contact the City of Milwaukee Health Department at (414) 286-8630.
All producers/vendors are responsible for obtaining all necessary county or state health and/or other permits and are responsible for compliance with all state and federal food and drug laws including proper labeling, including a Wisconsin Seller’s permit as needed.
D. GRIEVANCES:
In the event of a dispute regarding any aspect of the Jackson Park Farmers Market, the Market Manager shall make a decision. Any failure to abide by the Market Manager's decision may be sufficient grounds for excluding the Vendor from the Market.
A Vendor may file an appeal from the Manager's decision, in writing, to the Jackson Park Community Association Board. Any appeal must be filed within ten (10) days of a decision.
The Jackson Park Community Association Board will take no more than ten (10) days from receipt of the appeal to make its decision. During this time, the Vendor must adhere to the original decision of the Market Manager with no right to restitution for any losses.
E. ENFORCEMENT OF RULES AND REGULATIONS:
Participants in the Market must conform to the Market Rules of Operation at all times. The Market Manager has full authority to enforce all rules. All participants failing to comply will lose their space at the discretion of the Market Manager and may be asked to leave. Market rules supplement City of Milwaukee ordinances.
A vendor, market consumer, or market representative may submit a signed written complaint where there is cause to believe a violation of Market rules exists. These rules do not create third party rights and are only enforceable by the Jackson Park Farmers Market Manager, at its discretion.
In non-egregious cases, a verbal warning will be given for the first violation. If a second violation occurs the vendor will receive a written warning and possible suspension of a future market(s).
These rules have been put in place to help ensure that the market operates in a successful and safe manner that is fair for all. The Jackson Park Farmers Market reserves the right to amend or change these rules as needed and again, we hope that we will all operate in the spirit of cooperation.
F. TERMINATION:
The Association, at its option, may terminate this agreement at any time. Notice shall be provided to the renter's post office address and/or email address as set forth above. Stall rental payments shall be prorated to the date of termination specified in the notice and a refund provided to the renter.
In the event, the Association's underlying agreement with Milwaukee County for use of Jackson Park for a farmers’ market is terminated at any time, then this stall rental agreement shall also be terminated and the remaining unused rental period shall be prorated and returned in the same manner as the above paragraph.
The Association may terminate this rental agreement at any time for violation of the rules and regulations of the Jackson Park Farmers Market by any renter, his or her agent, or person under his or her direction or control. At the option of the Association, liquidated damages for the violation of any of the rules and regulations shall be a sum equal to the unexpired stall rental(s).
G. NO PRESUMPTION OF AGENT/EMPLOYEE:
It is understood that this agreement does not in any way establish the renter as an agent or employee of the Association or the City and/or County of Milwaukee.
I have signed a Stall Rental Agreement to participate in the Jackson Park Farmers Market at a designated area at Jackson Park, 3500 West Forest Home Avenue, Milwaukee, WI 53215 for the 2025 season by renting a stall(s) for the express purpose of the selling of merchandise, which I am legally authorized to offer for sale, and which is more particularly described in the Rental Agreement.
I am informed and acknowledge that while participating in the sale of merchandise at the Jackson Park Farmers Market:
1. I am not insured by Milwaukee County, the City of Milwaukee, or the Jackson Park Community Association, or any department, committee or subpart thereof, for any personal injuries, medical expenses, property damage or loss of any other type, including that caused or sustained by third parties;
AND
2. I am not an employee of Milwaukee County, the City of Milwaukee, or the Jackson Park Community Association, or any department, committee or subpart thereof, for any purpose, including coverage under the Wisconsin Worker Compensation statutes.
In consideration of the opportunity to participate in the sale of merchandise at the Jackson Park Farmers Market as more fully described in the Rental Agreement of the parties, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, I release, forever discharge and hereby hold harmless Milwaukee County, the City of Milwaukee, and the Jackson Park Community Association, its departments, committees, officials, agents and employees, his, her, its and their successors and assigns, all other persons, corporations and legal entities acting on their behalf who are or may be liable ("Released Parties") from any and all claims, demands, damages, costs, actions and causes of actions of whatever kind or nature which I may now have, or may hereafter have, on account of, or in any way growing out of, any and all known and unknown bodily injuries, personal injuries and property damage, whether developed or undeveloped, resulting from or arising out of my participation in the sale of merchandise during the 2025 season at the Jackson Park Farmers Market as outlined herein.
This Release extends to any and all claims I have or may have against the Released Parties, even if such claims result from strict liability or negligence on the part of any or all of the Released Parties.
I UNDERSTAND THAT THIS MEANS THAT I AGREE NOT TO SUE ANY OR ALL OF THE "RELEASED PARTIES" FOR ANY INJURY RESULTING TO MYSELF, MY AGENTS, ACTING UNDER MY AUTHORITY OR TO MY PROPERTY, ARISING FROM, OR IN CONNECTION WITH MY PARTICIPATION IN THE SALE OF MERCHANDISE DURING THE 2025 SEASON AT THE JACKSON PARK FARMERS MARKET AS OUTLINED HEREIN.
Notwithstanding anything herein to the contrary, I do not release any Released Parties from any intentional misconduct by a Released Party (or Parties).
BY SIGNING THIS RELEASE, I CERTIFIED THAT I HAVE READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND I AM NOT RELYING ON STATEMENTS MADE BY ANYONE RELEASED THEREBY. I FURTHER ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO DISCUSS AND NEGOTIATE THE TERMS OF THIS RELEASE AND EXPRESSLY WAIVE SUCH OPPORTUNITY.
This written APPLICATION AND RULES OF OPERATION constitutes the entire agreement between the parties. All prior negotiations and discussions, oral or written, have been merged into this agreement.
