Avalon Beach Market Day Terms & Conditions
These are Terms & Conditions apply to all stallholders who are approved and authorised to trade at the Avalon Beach Market Day (the Market) operated by Roobarb and Company Pty Ltd (the Manager).
All stallholders must submit an Expression of Interest Application (application) and be approved, and authorised by the Manager prior to Trading at the Market operated by the Manager. Written authorisation will be given from the Manager and may include specific conditions or restrictions regarding the Stallholders attendance.
Upon submitting an application and the payment of any fee, or commencement of trading with the Manager, Stallholders and any employees of the stallholder agree to the below Terms & Conditions and also any additional Stallholder information (included on the website) specific to the Market. Stallholders also agree that the Manager may withdraw, change or replace these Terms & Conditions at any time and the Manager will post a notice of change to the Terms & Conditions on the website.
By attending any market/special event managed by Roobarb and Company Pty Ltd, you agree that you are not in any contractual conflict with any other market or Organisation, nor are you prohibited from trading for any other reason. Roobarb and Company Pty Ltd, its managers and employees can be in no way held liable for any losses or legal action taken against you if you are held in breach from any existing or previous contracts or agreements.
Application: means any document or written correspondence (including in electronic format) that has been submitted by a stallholder when applying to the Manager for approval to trade at the Market.
Approved Products: means products/items and services that the Manager has approved the Stallholder to sell and offer for sale at the Market. Products/items and services must be described in the Application otherwise approval may not be given. The Manager reserves the right to only approve a limited selection of the products/items and services as provided in the Application or revoke approval of products/items or services that are permitted to be sold at the Market at any time. Approval for additional products/items and services will need to be requested in writing by Stallholder prior to bringing products/items or Services to the market.
Code of Conduct: means the Conduct included on the Website and stated below.
Manager: means Roobarb and Company Pty Ltd (A.C.N. 146 556 005), its employees, staff, and officers which has the licence or permission to control, operate and regulate the Market including the authority to grant or withhold approval to any person/s or legal entity to attend, occupy or undertake Trading Activity at a Stall at the Market.
Market: means the specific Market/(s) nominated by a Stallholder in the Application and subsequently indicated by the Manager when confirming that an Application has been approved.
Market Area: means a designated area for the: Market that is decided by the Manager and defined by a perimeter that may include Stall Sites, Entertainment, Seating and Vehicles. This area may change depending on the location of the Market and the specific Market. Maps of the Market Area can be viewed on the Website.
Marquee, tent or umbrella: means any covered structure that is erected within the boundaries of a Stall or otherwise occupied by a Stallholder at the Market.
Regulations: means the terms and conditions in this document and the Stallholder Information upon which the Stallholder occupies and uses a Stall, as amended from time to time.
Site Manager: means the person/persons appointed by the Manager to manage the Market on a trading day.
Stall: means an area within the Market that is designated by the Manager for the purposes of Trading Activity by a Stallholder. This area will usually be indicated as that space defined by a perimeter. Any alternative area will be defined by the Manager and indicated the Stallholder as a condition of approval.
Stallholder: means a person, persons or legal entity and their employees, staff, agents or representatives that have been granted approval and authorisation by the Manager to use a Stall and undertake Trading Activity at the Market.
Stallholder Information: means the site specific information that is detailed on the Website as a page or document titled ‘Stallholder Information’ or ‘Stallholder Info’.
Stall Fee: means the amount charged by the Manager and payable by the Stallholder as consideration for the approval of the Application. The Stall Fees are included on the Website.
Trade at the Market: means occupy a stall and undertake Trading Activity
Trading Activity: means activity where goods or services are offered for sale, sold or promoted; or activity undertaken with the aim of promoting or increasing awareness of the Stallholder or the Stallholder’s products and/or services.
Trading Hours: means the hours that a Market trades between.
Website: means the internet address www.avalonbeachmarketday.com.au that is controlled by the Manager and which pertains to each specific Market the Manager has the licence or permission to control, operate and regulate.
Words in the singular include plural and in the plural include the singular. Where there is more than one person, partner or legal entity noted on these Regulations then these Regulations shall apply jointly and severally.
- A Stallholder may only offer for sale Approved Products.
- To vary the Approved Product/s, a Stallholder must submit a new Application that describes the proposed new product/s to the Manager. Or may complete a form titled Application for changes to Product Sold. The Manager will subsequently review the form and advise the Stallholder in writing as to whether their application has been successful or not.
- The Manager may cancel a Stallholder’s approval to occupy a Stall at the Market if the merchandise offered for sale is substantially different from the Approved Product.
- In order to ensure variety and a limited number of stalls in each product category at the Market, the Manager reserves the right to reject applications and not to enter into correspondence or otherwise explain the reasons for its decisions.
- Stallholders are not permitted to sell offensive, illegal, prohibited, counterfeit or unauthorised goods including goods bearing trademarks for which the Stallholder does not have a license to sell.
- If food of any description whatsoever is sold by a Stallholder, then that Stallholder is required to comply with relevant local government and other statutory laws and regulations.
- Products that may not be offered for sale or sold at the Market include goods bearing registered trademarks, which are not genuine products; items and services of an ‘adult’ nature which are not suitable for a public forum; items associated with the illegal use of drugs; items not in accordance with the relevant Australian Standards; and other items notified by the Manager to a Stallholder from time to time.
CODE OF CONDUCT
- All stallholders must treat other stallholders & Managers of the market with respect. Bullying or insulting behaviour including verbal and non-verbal aggression, abusive, threatening or derogatory language & physical abuse or intimidation is unacceptable.
- If the Manager receives a written compliant, in regard to a breach of the Code of Conduct by a stallholder. The Managers will investigate the allegations and may refuse the offending stallholder a stall position. The right of refusal must be advised to the stallholder in writing.
- All complaints are to be directed in writing to email@example.com.
- The Manager will not be held liable for any claims made by customers against Stallholders, regarding faulty, inedible or misrepresented products sold by Stallholders at the Market.
- All complaints made by customers regarding any product, food or service sold at the Market by any Stall will be referred back to the Stallholder to deal with. If satisfaction on the matter is not gained then the matter will be referred to the ACCC and the Office of Fair Trading.
- It is the Stallholder’s responsibility to ensure that all plant and equipment including but not limited to any Marquee, tent or umbrella, brought to or used in the Market by the Stallholder is operated in accordance with the manufacturer’s specifications and recommendations and otherwise in a safe manner at all times.
- All Stall equipment including racks, tables, signage, etc. must be located within the Stall. Public areas including access and pedestrian ways must be kept clear at all times.
- The Manager will not permit a Stallholder to attend the Market if the Stallholder is anyone other than a natural person unless a Guarantor, approved by the Manager, is also a party to it. In other words, stallholders who trade through a company structure must also agree to be noted as a Guarantor.
- In consideration of the Manager permitting the Stallholder to trade at the Market, the Guarantor unconditionally and irrevocably guarantees to the Manager the due and punctual performance and observance of the Stallholder to the terms and conditions of these Regulations.
- The Manager has taken out public liability insurance for the amount of $20,000,000.00 on behalf of the Stallholders with a $5,000.00 excess. A copy of the terms of the Market Insurance Policy is available by a written request by the Stallholder addressed to the Manager.
- The Manager reserves the right to offer a discounted Stall Fee to Stallholders who have their own insurance policy. Stallholders are required to evidence any public liability policy they hold in order to be eligible for the discounted Stall Fee rate. The policy in this regard is: “No Paperwork – No Discount”.
- PLEASE NOTE: It is a strict requirement that a Stallholder must have in place a public and product liability policy with a minimum of $10 million cover in the Stallholder’s name if the Stallholder offers for sale any of the products listed below:
- Second hand electrical goods and toys
- Cosmetics and beauty products
- Medicines, Potions, Oils, Fragrances and Soaps
- Massage, manipulation of muscle, chiropractic or similar
- Hot Food
The Manager’s approval to the Stallholder to Trade at the Market does not convey to the Stallholder any ongoing rights in relation to the Market and such approval may be terminated by the Manager at any time in writing and without any period of notice.
The Manager has the right to withhold or cancel an approval to a Stallholder to Trade at the Market, to remove or to have removed from the Market, a Stallholder who is in breach or does not comply with these Regulations, including but not limited to where a Stallholder:
- fails to pay their Stall Fee in a timely manner;
- fails to abide by the Market’s set up or pack up conditions;
- fails to abide by the Market’s Trading Hours
- fails to limit the products offered for sale to Approved Products;
- commits a criminal act at the Market; or
- behaves in a manner that breaches the Market’s Code of Conduct or otherwise behaves in a manner that the Manager considers is inappropriate or may bring the Market into disrepute; or
- purports to assign or sublicense a Stall or
- fails to comply with its obligation relating to vehicle and traffic control.
The Manager has the right to undertake any of the following actions without notice:
- re-locate a Stallholder to another Stall within the Market;
- require the Stallholder to remove from sale any good or service offered by the Stallholder which are not Approved Products; or
- request that the Stallholder undertake any reasonable measure which in the opinion of the Manager will improve the safety of the Stall
POWER & EQUIPMENT REQUIREMENTS
- If power is available at the Market, Stallholders must ensure that all electrical equipment and leads utilised by the Stallholder at the Stall must be tagged in compliance with relevant workplace laws and regulations and such tags must be available for inspection at all times.
RIGHT OF REFUSAL
- If the Manager feels that the stall or trader is no longer suitable for the Market, or their display / stall is deemed by the Manager to be unfit for, or cause detriment to the market appearance on a whole, then the stallholder will be issued a written notification from the Manager advising that they will not be offered a stall position in the future. Notification must include the reasons for the decision for them not to be offered a position in the future.
SET UP & PACK DOWN
- The hours of Set up and Pack up are outlined on the Website.
- Stallholders must abide by the instructions of the Manager & staff in relation to traffic control.
- In the interests of Occupational Health & Safety, Stallholders must strictly comply with specific times in relation to the set up and pack up of the Market. Setting up and packing up a Stall outside of the designated times may be hazardous to other persons and, as such, a failure to observe and comply with the time restrictions for set up and pack up is considered to be a major breach of the Stallholder’s obligations and the Manager reserves the right to refuse the offending Stallholder permission to occupy a Stall at the Market on the day of the infringement and on any future date.
- Stallholders must not erect any advertising display or signage unless the Stallholder has received the Manager’s prior authorisation which may be withheld in the Manager’s absolute discretion.
- The Stallholder acknowledges that the Manager’s consent to the Stallholder to occupy a Stall at the Market may not be assigned to any other person and does not convey any right to any particular location for a Stall. Stallholders must locate their Stalls as directed by the Manager who is authorised to determine and change the layout for Stalls from time to time.
- The Stallholder must ensure that all Trading Activity is undertaken within the boundaries of the Stall.
- The Stallholder may request from the Manager permission to utilise extra space at the Market and if the request is granted, the Manager reserves the right to charge an additional Stall Fee in respect of the additional space.
- Stall Fees and the method of payment are outlined on the Website.
- Stall Fees are not refundable.
- No credits or refunds are issued in the case of bad weather unless the Stallholder Information includes additional terms that qualify this condition.
- If a Stallholder who has pre-paid their Stall Fee has not occupied their Stall by the Commencement of Trading Hours, then that Stallholder forfeits their Stall Fee and the Manager has the right to allocate the Stall to another Stallholder.
Without limitation the Stallholder hereby indemnifies and holds the Manager harmless from and against all claims for loss or damage arising in connection with or in relation to:
- the Stallholder's attendance of the Market and use of a Stall;
- the sale or attempted sale of the Approved Products or any other products or services;
- any injury or harm suffered by the Stallholder;
- any injury or harm caused to any property or suffered by any person as a direct or indirect consequence, in whole or in part, of any act or omission by the Stallholder;
- any loss of or damage to the Stallholder's property regardless of the cause of that loss or damage;
- the death of any person of a consequence, in whole or in part, of any act or omission by the Stallholder;
- any breach of these Regulations by the Stallholder; or
- any legal costs on a full indemnity basis incurred by the Manager as a result of the Stallholder's breach of these Regulations.
Without limitation, the Stallholder acknowledges and agrees the Manager is not liable for any claim for loss or damage suffered or incurred by the Stallholder in relation to or in connection with:
- theft or damage of Approved Products, equipment or goods of or under the control of the Stallholder or any other property of the Stallholder at any time including times when the Market is not trading and such products, equipment, good and property are stored overnight in a Marquee, tent or umbrella supplied by the Manager;
- any failure by the Stallholder to sell the Approved Products;
- any journey of the Stallholder from or to the Market.
STALLHOLDER OBLIGATIONS & RESPONSIBILITIES
The Stallholder agrees that at all times at the Market, it will:
- comply with any direction given by the Manager in relation to the operation and use of a Stall, equipment, goods and vehicles during set up and pack up out activities and any direction of a security or safety nature;
- ensure that its activities do not endanger the safety or security of any person;
- not cause any damage, make alterations or additions of any nature to, or carry out any works of any nature to equipment supplied to the Stallholder and that, if any such damage is caused, the Stallholder will bear the cost of repair or making good or replacement;
- leave the site in the condition in which it was before the Stall was set up for the day and that if any damage is caused to the site, then the Stallholder will bear the cost of making good;
- not operate or use any amplified sound equipment of any nature without the express permission of the Manager;
- keep the Market and its immediate surrounds clean, tidy, presentable and free from waste;
- ensure that nothing is done at the Market which is illegal, obscene, offensive, dangerous or otherwise creates a nuisance or causes damage, disturbance, annoyance, injury or obstruction to any owner, occupier or user of any nearby land or premises or any other Stallholder;
- immediately report to the Manager any incident or accident to any person or property that involves loss or could be expected to give rise to a claim;
- ensure that any accident involving any injury to any person, or any loss of or damage to any property within the Market (including any defect, failure or lack of repair at the Market) which may give rise to a danger or risk to others , is immediately reported directly to the Manager; or
- vacate the Market immediately after being requested to do so by the Manager.
STALLHOLDER WARRANTIES & REPRESENTATIONS
The Stallholder gives the following warranties and representations on which the Manager relies:
- the Stallholder has the legal and/or beneficial ownership of the Approved Products without any encumbrance;
- the Stallholder has not relied on any representation or statement made by the Manager in deciding whether to seek an authorisation for a Stall from the Manager.
- the Stallholder has all relevant permits required to operate the Stallholder’s business and that all Approved Products sold comply with all relevant safety and compliance standards and retails laws currently in force;
- the Stallholder will not bring into the Market any hazardous materials of substances; and
- the Stallholder will comply with the terms of these Regulations and any relevant local government and other statutory requirements.
- Trading Activity is permitted during the Trading Hours detailed on our Website.
- All stalls must be set up and ready to trade at the commencement of the Trading Hours.
- It is the responsibility of the Stallholder to continue trading for the full duration of the Market’s Trading Hours.
- Stallholders must cease trading and commence packing at the end of the Trading Hours and must ensure they are off site in accordance with the hours of Set Up and Pack Up.
- Stallholders who have booked a Stall and pre-paid their Stall Fee shall be entitled to a Stall only until the Commencement of Trading Hours. Stallholders who have not occupied their Stall by this time may forfeit their stall booking, will not be entitled to any credit or refund of stall fees and the Manager reserves the right to allocate the Stall to another Stallholder.
VEHICLE & TRAFFIC CONTROL
- Stallholders must comply with the terms of the Market’s Traffic Plan and must abide by the instructions of the Manager & staff regarding the movement and parking of vehicles at the Market, on the public roads and in areas within the immediate vicinity of the Market.
- Vehicles are to drive within Market at 5kph at all times.
- Stallholders must comply with local traffic rules and regulations on the public roads and in areas in the immediate vicinity of the Market and must not park illegally, double park in traffic lanes, park in driveways, queue across traffic intersections, undertake illegal U turns or traffic manoeuvres, or otherwise hinder traffic in the streets surrounding the Market during set up or pack times.
- Stallholders are required to remove from the Market on leaving, all garbage, waste, litter and other rubbish that the Stallholder has either brought onto the Market or obtained at the Market. The garbage bins provided at the Market are for the purpose of the disposal of litter by the general public and are not available for the disposal of Stallholder’s waste or packaging materials.
- At the end of the day’s trading, the Stallholder is required to clean their site and ensure that it is clear of discarded rubbish and waste materials.
- Any stallholder found to be utilising the Market rubbish bins for the removal of the Stallholder’s waste or packaging material shall be requested to discontinue such activity and may incur a waste fee. Stallholders may be refused permission to occupy a stall if this activity continues persists and appropriate warnings have been given by the Manager.
- The Market may operate in varying weather conditions and a Stallholder bears the risk of inclement weather conditions.
- The Stallholder is responsible for the supply of covers and other equipment for the purpose of protection in inclement weather conditions.
- If the Market proceeds in inclement weather conditions, it is solely at a Stallholder’s discretion as to whether the Stallholder will set up, commence, continue trading, cease trading, or pack up on the day.
- The Manager is not liable for any loss, damage or injury whatsoever resulting from inclement weather conditions or any decision in relation to the continuation or cessation of trade during inclement weather conditions.