Austin Farmers Market LLC
Terms of Service and Customer Agreement

Effective Date: November 9th, 2025
Contact: howdy@austinfarmersmarket.com
Location: Austin Farmers Market, 1011 Farm to Market 1626, Manchaca, TX 78652

1. Overview

The Austin Farmers Market Preorder Pickup Program (“Program”) allows customers (“Clients”) to conveniently preorder products from local farmers, ranchers, and producers (“Vendors”) through the Austin Farmers Market LLC (“AFM,” “we,” “our,” or “us”) website.

By placing an order, you acknowledge and agree that AFM acts solely as your authorized agent to purchase, receive, and hold goods you have ordered directly from participating vendors until you collect them from our market pickup location.

2. Agency and Authorization

By placing an order, you (“Client”) specifically authorize Austin Farmers Market LLC to act in your place as your agent for the limited purpose of purchasing and collecting goods that you have preordered directly from participating vendors.

You further authorize AFM to receive, store, and hold those goods at the Austin Farmers Market pickup office until you retrieve them.
At all times, the goods remain your property as the Client and are deemed to have been sold directly from the Vendor to you.

AFM does not take ownership of, resell, or distribute products as a retailer, and Vendors remain the legal sellers of all products.
AFM’s role is limited to facilitating transactions, receiving goods on your behalf, and coordinating the customer pickup process.

3. Compensation

AFM charges a service fee for coordination, pickup, and delivery services provided under this agency relationship.
All service fees are due in full at the time of ordering through our website.

This fee compensates AFM for its logistical, staffing, and administrative services, and is separate from the price of goods purchased from vendors.

4. Vendor Relationship

Each participating vendor is an independent business responsible for producing, labeling, packaging, and maintaining compliance with all applicable food safety and health regulations.

Vendors deliver preordered goods to AFM as the authorized agent of the Client, not as a sale or transfer to AFM.
AFM holds those goods in safekeeping until the Client picks them up.
AFM does not control or supervise vendor operations and assumes no responsibility for the actions, omissions, or compliance of vendors.

5. Customer Pickup

- Pickup Location: Austin Farmers Market, 12319 Lowden Ln, Manchaca, TX 78652

- Pickup Hours: Tuesdays and Thursdays, 3:00 PM – 7:00 PM

Clients are responsible for collecting their orders during the designated pickup window.
AFM acts solely as the Client’s authorized agent to transfer the Client’s property to them upon pickup.

Unclaimed orders will be held for 72 hours after the pickup window and may be discarded or returned to the vendor per vendor policy at AFM's sole discretion.
AFM is not responsible for the quality, safety, or condition of any product after the pickup window closes.

6. Food Safety and Waivers of Liability

Some products available through AFM’s platform may be unpasteurized, ungraded, or prepared in home kitchens under the Texas Cottage Food Law. By purchasing these products, the Client acknowledges and accepts all risks associated with their handling and consumption.

a. Raw Dairy Products

Client expressly, knowingly, and voluntarily releases, waives, and forever discharges AFM, its owners, officers, employees, agents, and representatives from any and all liability, claims, demands, actions, and causes of action whatsoever, including but not limited to those related to injury, illness, death, loss, or damage arising from or in any way connected to raw milk or raw milk products, whether caused by negligence or otherwise.
Client understands that the CDC, FDA, and Texas Department of State Health Services (DSHS) recommend against the consumption of unpasteurized milk, which may contain harmful bacteria.

b. Yard Eggs

Client expressly, knowingly, and voluntarily releases, waives, and forever discharges AFM, its owners, officers, employees, agents, and representatives from any and all liability, claims, demands, actions, and causes of action whatsoever, including but not limited to those related to injury, illness, death, loss, or damage arising from or in any way connected to the handling or consumption of ungraded or “yard” eggs, whether cause by negligence or otherwise.
Client understands that such eggs may contain Salmonella Enteritidis (SE) and agrees to follow safe handling practices — including refrigeration at 45°F or below and cooking eggs thoroughly before consumption.

c. Cottage Food Products

Client expressly, knowingly, and voluntarily releases, waives, and forever discharges AFM, its owners, officers, employees, agents, and representatives from any and all liability, claims, demands, actions, and causes of action whatsoever, including but not limited to those related to injury, illness, death, loss, or damage arising from or in any way connected to cottage food products, whether caused by negligence or otherwise.
Cottage foods are made in home kitchens not inspected by the Texas Department of State Health Services or a local health department and may contain or come into contact with known allergens.

7. Indemnification

Client agrees to indemnify, defend, and hold harmless AFM, its owners, officers, directors, employees, agents, and representatives from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected to:

- The handling, storage, or consumption of any product purchased through AFM; or

- The acts, negligence, or omissions of participating vendors; or

- Client's breach of these Terms; or

- Client's violation of any applicable law or regulation; or

- Any third-party claims arising from Client's use of AFM's services.

AFM’s total aggregate liability for any and all claims arising out of or related to these Terms or the services provided shall not exceed the amount of service fees actually paid by Client to AFM for the specific order giving rise to the claim. In no event shall AFM be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, personal injury, or property damage, even if AFM has been advised of the possibility of such damages. This limitation applies to all causes of action in the aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts.

8. Refunds and Missing Items

All sales are final once the order is placed. Client acknowledges that by placing an order, Client is authorizing AFM to immediately purchase goods from vendors on Client's behalf, and such purchases cannot be cancelled or refunded. Service fees are non-refundable under all circumstances.

If an order is incomplete, missing, or damaged upon pickup, please notify AFM staff immediately or email howdy@austinfarmersmarket.com within 24 hours. 

AFM may, at its sole discretion and without any obligation to do so, attempt to work with vendors to resolve issues, but all product-related guarantees, warranties, replacements, or refunds are solely the responsibility of the individual vendor. AFM makes no representations or warranties regarding product quality, safety, or fitness for any purpose. Client's sole remedy for any product issue is to pursue claims directly against the vendor.

9. Arbitration

Any dispute arising from these Terms shall first be addressed through informal negotiation.
If unresolved, the dispute shall be resolved exclusively through binding arbitration in Travis County, Texas, under the Commercial Arbitration Rules of the American Arbitration Association (AAA).
The arbitration shall be conducted by a single arbitrator. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. Client waves any right to bring claims in a class action or representative capacity and agrees that all claims must be brought individually. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.  

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.

11. Acceptance

By completing a purchase on the Austin Farmers Market website, you acknowledge and agree that:

- AFM acts solely as your authorized agent to purchase, receive, and hold goods on your behalf from participating vendors;

- You remain the legal owner and end consumer of all goods ordered;

- You assume full responsibility for the safe handling and consumption of all products; and

- You have read, understood, and accepted these Terms of Service and Customer Agreement.

Austin Farmers Market LLC
1011 Farm to Market 1626, Manchaca, TX 78652
www.AustinFarmersMarket.com
howdy@austinfarmersmarket.com