MARKET TERMS & CONDITIONS
ATTENDANCE AT MARKETS/NEW STALLHOLDERS. The stallholder agrees to attend the market for a minimum of four (4) consecutive weeks. After completion of the four consecutive weeks a two (2) weeks notice of cancellation is required if the stallholder wishes to cancel their attendance at the market. See - STALL FEE PAYMENT/NEW STALLHOLDERS and NOTICE TO CANCEL STALL - notations below.
STALL FEE PAYMENT/NEW STALLHOLDERS: A two (2) weeks advance payment is to be made (see NOTICE TO CANCEL STALL notation below) plus payment of the weekly stall fees to be made payable in advance. Stall fees are to be paid every week via direct deposit. Stallholders will be emailed with the procedure and bank deposit details at time of confirmation of the site.
WEEKLY STALL FEE PAYMENTS: Stall fees are payable for each market. Payment of stall fee is to be made each week and must be deposited into the market bank account by no later than Tuesday 5pm prior to market day. A $15 administration/late fee will apply if payment is not received on time. Failure to pay site fees will result in the stall being cancelled and allocated to someone else. Credits and/or refunds will not be issued for bad weather on market days or if a confirmed stall is cancelled. Stall fees are not refunded or transferable. Should a stallholder choose not to attend a market for whatever reason the market site fee must be paid whether the stallholder is in attendance or not. It is not the responsibility of Market Management if for any reason a stallholder is unable to or does not wish to attend on market day. In the event that the market is cancelled by Market Management, no fees apply.
NOTICE TO CANCEL STALL. Cancellation of the stall is to be in writing via email (not via text). Two (2) weeks cancellation notice is required. The two (2) weeks advance payment will be applied to the two weeks cancellation/stall fees for the final two markets. Note: Failure to attend the minimum trial period or failure to provide the two (2) weeks cancellation notice will result in the advance payments being forfeited. NOTE: Stall fees are not refunded or transferable.
BUMP IN/BUMP OUT: Setting up and packing up procedures are specific to each market. Details will be given to stallholders at the time of booking confirmation.
ATTENDANCE AND WEATHER CONDITIONS: Our markets are all weather markets, are advertised to the public as operating ‘rain, hail or shine’ and as such will operate irrespective of weather conditions. Inclement weather is no excuse for non attendance. As a market stallholder you have an obligation to attend the market. This is not only paramount to the success of the market but also supports fellow stallholders who trade and rely heavily on the market as a source of income. It is the stallholders responsibility to ensure that their product is protected and that they have all the necessary equipment on hand to do so (i.e. gazebo sides, weights to secure gazebo etc). Management requires that all stallholders plan against adverse weather conditions such as rain, wind, cold and heat and ensures that appropriate safety and wet weather procedures are in place. Market Management, its operator/s, servants, agents and/or assigns shall not be liable for loss or damage to stock and/or equipment however caused.
CHARITIES: Stalls will be provided free of charge to registered charities subject to availability. A letter identifying the charity and specifying the nature of the stall will be required from the organization to secure the booking.
EARLY DEPARTURES: In the best interest of the market and as a courtesy to fellow traders, early departures will not be permitted. Marquees are to remain erected until close of market trade. In the event of a ‘sell out’, stallholders are to display a sign indicating that their goods are ‘sold out’ and marquees are to remain standing.
VEHICLE SAFETY/UNLOADING PROCEDURE: Stallholders must unload vehicles then take the car out of the market precinct and park in the designated areas before setting up their stalls. Vehicles must drive slow – 5 kph at all times – hazard lights on. Lights on if dark. Follow market staff directives re market parking guidelines.
VEHICLE MOVEMENT: No vehicle movement is permitted within the market precinct during market trade hours.
STALLHOLDER VEHICLE PARKING: Stallholders and their staff must park vehicles where directed. Follow market staff directives re vehicle parking and/or restrictions. Do not park in areas designated for customer parking.
END OF TRADE PACK UP/VEHICLE PROCEDURES: All stock, goods and/or items must be packed up first. Marquee/umbrellas to be dismantled and packed up. Site to be cleaned and all rubbish removed. Note: Market bins are for lightweight rubbish only, not stallholders produce, rubbish and/or boxes. Vehicles to enter market grounds once the above have been done first.
RUBBISH REMOVAL: Stallholders are responsible for the removal of all rubbish and must leave their site clean and clear of all debris. The rule is simple: If you bring it in, you take it home. Do not throw boxes and food produce in the Council rubbish wheelie bins.
GROUND COVER FOR YOUR STALL/PROTECTING THE GROUND: If your stall is on bitumen and/or a similar surface or on private property i.e. a netball court and your stall is of a hot food nature i.e. BBQ or your product is likely to create a mess then it is the responsibility of the stallholder to ensure that there is a suitable and safe ground cover in the stall and that the site is left in a clean state on completion of the market.
FOOD/DRINK: No food or drink may be sold at any market without the prior approval of market management.
SALE OF MANUFACTURED FOODS, HOT FOODS, CONSUMABLE GOODS & FOOD PERMITS: It is the stallholders obligation to ensure that all Council and Government guidelines and health regulations are met, that all appropriate licenses are obtained, that the setup of the stall meets all Council, health and safety requirements and that these obligations are met at all times and are adhered to.
TASTE TESTING/SAMPLING OF GOODS: Stalls which hand out samples of food and/or taste testing must ensure that they comply with Council and health regulations and that all required licences are in place. The liability to comply with all laws falls on the stallholder. Market Management assumes no liability if stallholders do not comply with their legal obligations.
PRODUCT LABELLING: Packaged goods such as, biscuits, jams, pickles etc and the sale of whole or cut produce and/or fruit & vegetables must be labelled as per legislative guidelines and requirement in accordance with Council, Weights and Measures and Health regulations.
QUALITY OF PRODUCE: All produce sellers are required to assess their products and to ensure that quality goods are sold. In the best interest of our market do not sell poor quality produce. As a seller/stallholder your goods must comply with Market Management criteria and set standards. Stallholders in breach of this will be dealt with accordingly.
PRICING OF PRODUCE: Stallholders may set prices as they see appropriate.
PRODUCTS & THE LAW: It is an offence punishable by law to sell stolen, counterfeit or any merchandise that may infringe on any copyright, trademark or design.
WEIGHTS & MEASURES: Scales and/or any instruments used for measurement of goods sold on a mass basis must be certified as being appropriate for commercial use in accordance with legislative guidelines.
EQUIPMENT: Stallholder to supply own equipment and to ensure that they have everything required to operate – gazebo/s, weights/sandbags, table/s, chairs etc
SITE PRESENTATION & SIGNAGE: Please ensure that your site is well presented, tidy and safe at all times. Tablecloths are to be used and signage promoting your stall and/or products is highly recommended. Signs erected must not impede pedestrian flows, must not display any offensive material and must be clean and presentable.
STALL & PERSONAL SECURITY: Security of a stallholders stock, produce, equipment, cash and personal effects is the responsibility of the stallholder. Market Management assumes no liability for any losses or damages to stock incurred by stallholders.
STALLHOLDERS CONDUCT: Stallholders are expected to act in a professional manner at all times. Market Management will not tolerate any offensive comments, unwarranted gossip or bad behaviour.
PUBLIC LIABILITY/INSURANCE: Market Public Liability does not cover stallholders and/or their products. It is the responsibility of all stallholders to ensure that that they are insured for Public Liability, Personal Indemnity and Product Liability (where applicable) as required by law, that their stall area remains clean and safe to the public at all times and to ensure that their product meets statutory health requirements and in no way poses any health risks to the consumer.
WEIGHTS/SECURING GAZEBOS: Irrespective of weather conditions, all four gazebo legs must be weighted down with heavy sandbags or with appropriate and secure weights at all times. Where possible heavy duty tent pegs can be used. Note: This is a mandatory requirement irrespective of weather conditions. Umbrellas must also be safely secured with a heavy base and tied to your gazebo where possible. Absolutely no exceptions.
ELECTRICITY & ELECTRICAL EQUIPMENT: Electricity will be provided to stallholders at an additional cost. Request for electricity usage must be applied for and is subject to approval and availability. Limits to the number of power points allocated and amperage available applies. Stallholders are to ensure that all power leads and/or electrical appliances used are safe and that they comply with Occupational Health & Safety (OHS) requirements and are tagged and tested in accordance with statutory guidelines. Credits and/or refunds will not be given for any electrical supply issues.
PERSONAL DATA: It is the stallholders responsibility to ensure that Market Management has current details on file and that contact phone numbers, home address and email address are current.
SMOKING: Due to government health regulations smoking is not permitted in stalls or within the market area. If you are a smoker, do so in the designated areas – see Market Management.
DOGS/PETS: Due to government/Council health regulations dogs and/or other pets are not permitted in stalls or within the market area.
WHAT CANNOT BE SOLD AT OUR MARKETS: You cannot sell the following at our markets - cats, dogs, birds, fish, livestock, firearms, knives, weapons, inflammables or anything that may be of a dangerous nature.
MARKET SITES: Stallholders do not own their sites, obtain no rights to their sites, cannot transfer or sell their sites or otherwise deal with their sites. Market sites/stalls are hired strictly on a weekly basis. Market Management reserves the right to cancel, alter or re-allocate sites to other stallholders.
EXCLUSIVITY: No stallholder is guaranteed exclusivity for their product.
PROMOTIONAL MATERIAL/ADVERTISING: Market Management reserves the right to use stallholder images and/or photos which may contain images of the stallholder and/or their produce for promotional purposes.
NEWSLETTER: By submitting your application you will be added to our newsletter subscription list.
LOST AND FOUND PROCEDURES: All ‘found’ items are to be handed in to Market Management. Stallholders are to direct members of the public who have ‘lost items’ to Market Management.
GENERAL RULES AND CONDITIONS: Market Management reserves the right to refuse entry to any person and/or trader or to refuse the sale of any item and/or product. The type of goods sold are at the discretion of Market Management. Market Management, its operator/s, servants, agents and/or assignees shall not be liable for the loss or damage to any vehicle, anything therein, or to any person from whatever cause arising and whether due to the negligence of the Market operator its servants and/or agents or otherwise.