Vendor Handbook & Agreement

Killeen Flea Market

410 S. 38th Street

Killeen, TX., 76543

Vendor Handbook & Agreement

Effective Date: May 11, 2025

Killeen Flea Market & 38th Street Eats: Vendor Handbook & Agreement

Effective Date: August 15, 2025

A. GENERAL TERMS & AGREEMENT

1. Welcome & Our Commitment Welcome to the Killeen Flea Market at 38th Street Eats! This Vendor Handbook & Agreement ("Agreement") is established to ensure a safe, organized, enjoyable, and successful environment for all vendors, customers, and staff. Our goal is to foster a vibrant community marketplace where local entrepreneurs can thrive.

2. Acceptance of Terms By applying for, paying for, and/or occupying a vendor space ("Space") at 38th Street Eats, all vendors, their employees, agents, and representatives ("Vendor") acknowledge they have read, understood, and agree to be bound by all terms, rules, and regulations contained herein.

3. Market Management & Interpretation "Market Management" refers to the owners and designated representatives of 38th Street Eats (Daniel Garcia and Noah Garcia). Market Management reserves the right to interpret and enforce all rules and regulations. All decisions made by Market Management are final.

4. Amendments 38th Street Eats reserves the right to amend this Agreement as necessary. Vendors will be notified of any material changes via email and/or posting on our official website. Continued participation in the Market after such notice constitutes acceptance of the amended terms.

B. VENDOR COMPLIANCE & PERMITTING

1. Independent Contractor Status Vendor operates as an independent contractor and is not an employee, agent, joint venturer, or partner of 38th Street Eats or its owners (Heptobelisk Holdings LLC).

2. Compliance with All Laws & Permits (CRITICAL) Vendor is solely responsible for complying with all applicable federal, state, county, and city laws, ordinances, and regulations. This includes obtaining and maintaining all necessary permits and licenses to operate their business. Copies of all required permits must be available for inspection on-site at all times. Failure to provide proof of permits upon request may result in immediate dismissal from the market.

Required permits include, but are not limited to:

• Texas Sales and Use Tax Permit: Required for any business selling tangible goods in Texas. Vendors are solely responsible for collecting, reporting, and remitting all applicable sales taxes.

• City of Killeen Peddler's Permit: Required by the City for all temporary or itinerant merchants operating within Killeen. This applies to all vendors, indoor or outdoor, regardless of their rental term (daily, weekend, or monthly).

• Bell County Public Health District Permit: MANDATORY for all Food Vendors. This must be obtained before applying for a City of Killeen Peddler's Permit.

C. PRICING & PAYMENT

1. Space Rental Rates

• $40 per day - 10ft x 10ft COVERED, INDOOR Space

• $30 per day - 10ft x 10ft COVERED Space

• $25 per day - UNCOVERED Space

2. Food Truck Space Rates

• Daily Rate: $50

• Weekend Rate (Sat & Sun): $100

• Monthly Rate: $600 (This flat rate allows for potential 7-day-a-week operation)

3. Payment Terms

• Due Date: Payment for Daily/Weekend rentals is due in full upon arrival, prior to setup. Payment for the Monthly Option is due in full upfront before the first weekend of the rental period.

• Accepted Methods:

  • Cash

  • Check or Money Order (Payable to: Heptobelisk Holdings LLC)

  • Zelle (Sent to: 254-285-9230)

  • Credit/Debit Card & CashApp via Square (A 4% processing fee applies to all card/app transactions).

• Cancellations & Refunds: Vendor cancellations must be made at least 48 hours prior to the market day for consideration of a credit, solely at Market Management's discretion. No-shows without prior notification forfeit their paid rental fee. Please see Section F for the Weather Policy.

D. MARKET OPERATIONS & CONDUCT

1. Hours of Operation

• Market Open to Public: The 38th Street Eats is a food truck court, and hours are flexible for vendors.

• Vendor Setup: Saturday & Sunday, 7:00 AM – 8:45 AM. All Vendors must have their space set up and ready for business by 9:00 AM.

• Vendor Teardown: Teardown begins after the Market closes at 3:00 PM. All property, merchandise, and trash must be removed by 4:30 PM.

2. Space & Booth Rules

• Spaces are assigned by Market Management. Business must be conducted only within designated space boundaries. No items may extend into walkways.

• Aisles must be kept clear at all times for safety and accessibility.

• Vendors are expected to maintain a professional and appealing booth display. All canopies and tents MUST be securely anchored with adequate weights (minimum 40 lbs per leg).

• Subletting or sharing spaces is prohibited without prior written consent.

3. Vendor Conduct

• All Vendors and staff must act in a courteous and professional manner towards customers, staff, and fellow vendors.

• Booths must be staffed and attended during all public market hours (9:00 AM - 3:00 PM).

• Music or sound devices must be kept at a low volume that does not disturb neighboring booths.

4. Parking

• Vehicles are permitted in the market area for loading/unloading during setup (7:00-8:45 AM) and teardown (after 3:00 PM) times ONLY. Vehicles must be moved immediately after unloading. We practice an unload & go then setup policy so that vehicles are not in the way of others trying to unload.

• All Vendor vehicles MUST be parked in the designated Vendor Parking Area during market hours.

5. Prohibited Items

• Vendors may only sell merchandise pre-approved in their application.

• STRICTLY PROHIBITED: Illegal drugs/paraphernalia, firearms, ammunition, explosives, dangerous weapons, counterfeit/stolen goods, pornographic/offensive materials, hazardous materials, and any other item deemed unsafe or inappropriate by Market Management.

6. Trash & Cleanup

• Vendors are responsible for maintaining a clean space.

• Vendors MUST remove ALL of their trash, boxes, and unsold items from the property upon departure. Do NOT use public trash cans for booth waste. A cleaning fee may be assessed for spaces left dirty.

7. Long-Term Vendor Storage Policy

• Applicability: This policy applies to vendors who rent a space on a monthly basis and wish to leave their merchandise, fixtures, and equipment on-site during non-operational hours. This is only available to vendors in the covered indoor spaces.

• Market Management's Role: Market Management will provide reasonable security for the premises, but we are not responsible for the security of individual vendor spaces. Access to the indoor space will be restricted during non-operational hours.

• Vendor Responsibility: The vendor is solely responsible for the security of their own property. This includes securing their merchandise and equipment within their designated space.

• Liability: 38th Street Eats is not responsible for any lost, stolen, or damaged items left on the property. Vendors assume all risk and liability for their property during both operational and non-operational hours. Vendors are strongly encouraged to carry their own business insurance to cover any potential loss or damage.

• Use of Space: The space is for storage of merchandise, fixtures, and equipment only. It is not to be used as a personal office or workshop during non-operational hours. All goods must remain within the designated space boundaries.

E. SAFETY, PETS & UTILITIES

1. General Safety & Security

• Vendors must operate their space safely. Report any hazards to Market Management immediately.

• Vendors are solely responsible for the security of all their personal property, merchandise, and cash. 38th Street Eats is not responsible for any lost, stolen, or damaged items.

2. Fire Safety

• Smoking (including e-cigarettes) is prohibited within 25 feet of any vendor booth or structure.

• Generators must be placed safely, operated quietly, and refueled when cool.

• Open flames or cooking devices require prior approval and compliance with all fire codes. A certified fire extinguisher is strongly recommended.

• Fire lanes and emergency exits must be kept clear at all times.

3. Food Vendor Requirements

• In addition to all other rules, Food Vendors must possess and display all required permits (see Section B) and strictly adhere to all Bell County health codes.

• A portable handwashing station is required for vendors handling open food.

4. Utilities (Current Status)

• Water hookup, gray water disposal access, and trash disposal are currently available. Future amenities will include dry, cold, and freezer storage, a prep station with a three-compartment sink, an air-conditioned break area, grease trap access, and private bathroom access.

5. Pet Policy

• Vendor Pets: Require prior approval from Market Management and must be confined to the vendor's space, quiet, and non-disruptive.

• Customer Pets: Well-behaved pets are permitted but must be on a short leash (max 6 ft) and under the owner's control at all times. Owners MUST clean up after their pets immediately.

F. LEGAL & POLICY TERMS

1. Weather Policy

• The Market operates rain or shine. However, Market Management reserves the right to cancel the market day in cases of severe weather posing a safety risk.

• In the event of an official Market closure, Vendor will be offered a credit ("rain check") or a refund for the affected day(s), less any non-refundable payment processing fees. No refunds are given for days a vendor chooses not to attend if the market is open.

2. Insurance & Liability (Legal Review Strongly Advised)

• 38th Street Eats maintains general liability insurance for its operations. This insurance DOES NOT cover Vendor's property, merchandise, equipment, or specific business liabilities.

• Vendor assumes full responsibility and liability for any and all loss, damage, or injury arising from their use of the Space, display or sale of goods, actions, or presence at the Market.

3. Indemnification (Legal Review Strongly Advised)

• Vendor agrees to indemnify, defend, and hold harmless 38th Street Eats, its owners (Heptobelisk Holdings LLC), officers, and agents from and against any and all claims, lawsuits, damages, and expenses arising out of or related to the Vendor's operations or any breach of this Agreement.

4. Governing Law & Venue

• This Agreement shall be governed by the laws of the State of Texas. Venue for any legal action shall be in Bell County, Texas.

5. Entire Agreement & Severability

• This document constitutes the entire agreement between the Vendor and 38th Street Eats. If any provision of this Agreement is found to be invalid, the remaining provisions shall continue in full force and effect.