Markets Terms and Conditions

Stallholder Terms& Conditions

1. Definitions

1. Cleaning Fee means any fee incurred by Urban Markets associated with cleaning any rubbish or debris on or from a Site.
2. Conditions of Entry means any conditions notified (such as via signage) or provided to a Stallholder regarding entry requirements to the Market.
3. Force Majeure Event includes strike, lockout, other industrial disturbance or labour difficulty, war, act of public enemy, blockade, revolution, riot, insurrection, civil commotion, pandemic, epidemic, quarantine, serious viral outbreak or other widespread or serious threat to human health (including an outbreak or recurrence), government orders, directions or statements, government imposed shutdown or closure, lightning, storm, flood, fire, earthquake or explosion.
4. Goods means any tangibles and intangibles offered for sale by a Stallholder.
5. Intellectual Property means the business names, copyrights, patents, trade marks, trade names, designs and similar industrial, commercial and intellectual property and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, which subsists anywhere in the world now or in the future, regardless of the form and whether or not registered or registrable.
6. Market means the market or event operated by Urban Markets from time to time.
7. Site means the applicable site at a Market or event allocated to a Stallholder following acceptance of their Stallholder Application by Urban Markets.
8. Stallholder means any person operating a Site and offering, promoting or selling Goods at such Site.
1. Stallholder Application means the application completed by a person seeking to occupy a Site.
10. Stallholder Newsletter means the newsletter distributed by Urban Markets to a Stallholder from time to time.
11. Urban Markets means Design Noir Pty Ltd (ACN 102 609 263), trading as Urban Markets and their successors and assigns and where applicable any person acting on its behalf.

2. Stallholder acceptance

1. Urban Markets reserves the right to refuse a Stallholder Application and not enter any correspondence or otherwise explain the reasons for its decisions.
2. Stallholders are accepted at Urban Markets’ discretion. In considering each Stallholder Application, Urban Markets will consider the details of an applicant’s Goods and how they fit into each Markets landscape.
3. If a Stallholder is accepted to a Market, they are accepted on a recurring basis.
4. Once a Stallholder is notified by Urban Markets of its acceptance, the Stallholder must commence Market attendance within 1 month of the date of acceptance.
5. Each Market has its own Conditions of Entry and Stallholders must comply with them.
6. Car parking sites are not automatically granted on acceptance to the Market. Where possible, car parking sites are provided, however, these are not guaranteed for any Stallholder.
7. Urban Markets do not offer exclusivity on any Goods for any Market.

3. Vehicle safety

1. When arriving at the Market and before setting up their Site, a Stallholder must:
   1. drive no more than 5kmph with hazard lights on at all times and
   2. park directly behind their Site or unload their Goods from any vehicles at the Site, as directed by Urban Markets;
2. All vehicles must be removed from the Market precinct 30 minutes prior to the Market start time and must be parked in the area directed by Urban Markets as ‘stallholder parking’.
3. At the Market close time, vehicles cannot be driven onto the Market precinct until Urban Markets has granted permission. Once permission is granted:
   1. all vehicles must drive at no more than 5kmph at all times; and
   2. have their hazard lights on at all times.
4. A Stallholder and their staff must:
   1. park their vehicles where directed and only in ‘stallholder parking’ areas;
   2. follow Urban Markets’ directives regarding vehicle parking and/or any restrictions on vehicle parking; and
   3. not park in areas designated as customer parking.

4. Bump in / bump out

1. Setting up and packing up procedures are specific to each Market.
2. Urban Markets will provide a Stallholder with specific details on these procedures at least 1 day prior to the Market start time.

5. Fees

1. Stallholders will be issued with invoices monthly. There are different payment terms for Beckley Market Stallholders detailed in clause 29.
2. Stallholders must pay invoices within 7 days of the invoice date (unless agreed otherwise), and no later than 7 days prior to the Market start time.
3. Failure to pay invoices will result in the Site being cancelled, which may be allocated to another party.
4.   Stallholders acknowledge that the Markets are all weather dependent. To the extent permitted by law, Urban Markets will not issue credits or refunds to Stallholders for any weather related events.
5. Market fees will not be refunded if a Stallholder does not attend the Market at the scheduled time (wholly or partly).
6. Urban Markets considers the acceptance of potential Stallholders on a recurring basis. Accordingly, if a Stallholder has not notified Urban Markets of their cancellation as required in clause 6(a) and does not attend a Market, they will still be invoiced for the Market fee and are required to pay the invoice regardless of attendance.

6. Cancellation

1. Stallholders may terminate their Sites by providing Urban Markets with written notice at least 7 days prior to the Market date.
2. To the extent permitted by law, Stallholders will not be provided with a refund or credit if they fail to provide the notice required in clause 6(a).

7. Special events

1. Any fees for special events run by Urban Markets must be prepaid a minimum of 8 weeks prior to the event. Fees are set in conjunction with various organisations Urban Markets work with.
2. To the extent permitted by law, refunds will not be provided, unless written notice is given to Urban Markets at least 4 weeks prior to the special event, and only if the Site is able to be rebooked and paid for by another Stallholder.
3. If a Stallholder cancels within 7 days of the event due to a family emergency this will be dealt with on an individual basis at Urban Markets’ discretion.
4. Should the event be cancelled due to COVID-19, fees will be refunded less any unavoidable expenses already incurred for the event.

8. Early departures

1. In the best interest of the Market and as a courtesy to fellow traders, Sites must remain open and stocked, and marquees/gazebos must remain erect until the Market close time.
2. If a Stallholder ‘sells out’, prior to the Market’s close time, Stallholders must display a sign indicating that their Goods are ‘sold out’ but must keep their marquees/gazebo erect until the Market close time.
3. If a Stallholder has special circumstances, Urban Markets may, in its discretion, grant the right for an early departure. Any request for early departure must be agreed in writing with Urban Markets prior to the Market date.
4. If an early departure has been approved in writing by Urban Markets, all remaining Goods, marquees/gazebos and Stallholder belongings must be walked out of the Market as there is no vehicle access during Market trading hours.
5. If a Stallholder departs the Market early, Urban Markets may terminate the Stallholder’s site for any future Markets.

9. Attendance and weather conditions

1. The Markets are all weather markets and will operate irrespective of weather conditions.
2. Stallholders 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.
3. A Stallholder must ensure that their Goods are protected from all weather and that they have all the necessary equipment on hand to ensure this.
4. Urban Markets require all Stallholders to:
   1. plan for adverse weather conditions, such as rain, wind, cold and heat; and
   2. ensure that appropriate safety and wet weather procedures are in place for their Site and Goods

10. Site allocations

1. Market fees do not determine the location of a Site.
2. Stallholders acknowledge that it is the responsibility of Urban Markets to conduct the Market to a reasonable standard, but it is not responsible for providing or guaranteeing sales, profits or success for Stallholders. Urban Markets will not provide any refunds or be responsible for slow or poor trade at any Market or Site.
3. Stallholders acknowledge that Urban Markets has not made any representations guaranteeing any sales, profits or success from Stallholder’s operating a Site.
4. Stallholders do not hold any claim to permanent ownership of Sites and Sites can be changed at any time, including on Market day.

11. Rubbish removal

1. Stallholders are responsible for the removal of all rubbish and debris.
2. A Stallholder must:
   1. leave their Site clean and clear of all debris; and
   2. promptly make good any damage to the Site or the Market caused by it, its servants, agents or invitees.
3. Urban Markets follow a simple rule in regard to Market cleaning being ‘If you bring it in, you take it home’.

4. Where a Stallholder does not comply with Urban Markets cleaning requirements before leaving the Market:
   1. they will be charged a Cleaning Fee; and
   2. Urban Markets will not accept any further Market bookings from them until any outstanding Cleaning Fee has been paid.
5. No solid or liquid waste is to be deposited, or caused to be deposited, on the ground or in any drains or other public land/space.

12. Liquor licensing

1. All Stallholders who wish to sell or offer alcohol tasting at a Market must obtain and maintain, at their sole cost, the applicable liquor license relevant to their Goods as required by law or regulations.
2. The relevant regulatory authority may require the application to be lodged at least 28 days prior to the Market date.
3. Stallholders are required to provide Urban Markets with a copy of their current applicable liquor licence at least 5 working days prior to the Market date.
4. Markets may be audited by law enforcement to ensure Stallholders comply with all applicable laws and regulations.

13. Sale of specific items and food permits

1. It is the Stallholders obligation to ensure on a continuing basis that:
   1. all relevant council and government guidelines and health regulations applicable to their Goods and Sites are met; and
   2. all appropriate licences are obtained and maintained;
   3. the setup of their Site meets all council, legal and health and safety requirements.
2. The Stallholder must ensure that appropriate permits are obtained from Streatrader (www.streatrader.health.vic.gov.au).
3. Stallholders are required to provide a copy of their Streatrader registration to Urban Markets prior to participating in the Market.
4. Stallholders selling food and drink must provide their statements of trade to Urban Markets at least 5 working days prior to the Market date. Stallholders who do not adhere to this requirement will not be permitted to participate.
5. Urban Markets events may be regularly audited by law enforcement to ensure Stallholder’s compliance.

1. 2. Taste testing and sampling of goods

Any Stallholder who hands out samples of food or provides taste testing must ensure that:

1. 1. 1. they comply with all and health laws and regulations; and  

1. 1. 2. all required licences are obtained and maintained.

14. Stallholder Goods

1. All Goods that a Stallholder intends to offer or sell at the Market must be listed on their Stallholder Application.
2. If a Stallholder wishes to offer or sell any additional Goods, they must submit a written request to Urban Markets, including all information regarding the Goods (including photos).
3. Urban Markets may accept or decline any Goods in their discretion.
4. The sale of firearms, explosives, weapons, poisons, pornography, pirated material, unsafe or hazardous electrical products, live animals, counterfeit products, illegal or unsafe products, or any product Urban Markets considers to be illegal or inconsistent with the community nature of the Market, is prohibited. If a Stallholder is found to be selling any of these products, Urban Markets may terminate their Site immediately and prohibit the Stallholder from any future Market.
5. All Goods offered and sold at the Market by a Stallholder must comply with all applicable laws, regulations and standards, including all applicable safety standards and compliance requirements.
6. Stallholders must set up and display all Goods to a high standard.

15. Stallholder equipment and weights

1. 1. Equipment and signs
      1. Stallholders must supply their own equipment and ensure they have everything required to operate their Site including gazebos, weights, sandbags, tables and chairs.
      2. All umbrellas, marquees and freestanding objects must be weighted with 20kg per leg.
      3. All tables, racks, displays, storage boxes, stock, merchandise, signage and any other items must be set up and remain within the designated Site boundaries as marked by the lines on the ground. The boundary extends vertically from these lines.
      4. Any signs must:
         1. be erected safely;
         2. not impede pedestrian flows;
         3. not display any offensive material; and
         4. be clean and presentable.
      5. All Stallholder’s equipment must be used in a manner that ensures public safety as paramount importance and in accordance with manufacturer’s instructions and all applicable laws and regulations.
      6. Stallholders are solely responsible for any loss, damage or injury arising from, or in connection with any of their equipment, signs or materials.
      7.   Stallholders must ensure that their Site is well presented, tidy and safe at all times. Signage promoting the Stallholders Goods is highly recommended.
      8. Full length tablecloths are preferred for all market Site presentations.
      9. Any Stallholder marquee or gazebo must be of a high standard and compliant with Australian engineering recommendations of a minimum of 50km winds rating and able to withstand high wind levels. Urban Markets do not recommend light weight gazebos or marquees. Urban Markets may require Stallholders with gazebos or marquees that do not meet these requirements to promptly remove them from the Market precinct.

1. 2. Weights
      1. Irrespective of weather conditions, gazebos and equipment must always be weighted down with heavy sandbags or with appropriate and secure weights (minimum 20kg of weight per leg). Where it is possible 140mm coach bolts can be used under adequate weights
      2. White pod weights or anything similar are prohibited from all Markets.
      3. Umbrellas must also be safely secured with a heavy base, have adequate weights and meet any applicable safety requirements.
      4. These weight requirements are an insurance requirement and is mandatory. There are absolutely no exceptions.

16. Stall and personal security

Security of a Stallholder’s equipment, Goods including personal items is the responsibility of the Stallholder.

17. Stallholder’s conduct

1. Stallholders must always act in a professional manner.
2. Urban Markets will not tolerate any offensive comments, gossip or bad behaviour towards the public, Market attendees, other Stallholders or Urban Markets.
3. If a Stallholder has an issue with another Stallholder, they must promptly notify Urban Markets.
4. The consumption of alcohol, smoking or illicit drugs is strictly prohibited at the Market.

18. Electricity and gas

1. Request for electricity usage must be applied for and is subject to approval and availability.
2. A Stallholder must not operate a generator at any Market without prior written approval from Urban Markets.
3. Any Stallholder who uses electrical equipment at the Market must ensure that no lead is positioned where it may be a hazard including lying on the ground.
4.   Limits to the number of power points allocated and amperage available applies.
5. Stallholders must ensure:
   1. all electrical equipment and leads are fit for their purpose and used only in accordance with the manufacturer’s instructions;
   2. all electrical equipment and leads are tested and tagged in accordance with AS/NZS 3760 and any applicable standards or other requirements at law; and
   3. that the tags are available for inspection by Urban Markets at all times.

4. To the extent permitted by law, Urban Markets does not offer credits/refunds for any electrical supply issues.
5. Stallholders are responsible for ensuring safe gas cylinder usage and storage (if applicable).

19. Insurance

1. Urban Markets public liability insurance policy does not cover Stallholders and/or their Goods.
2. It is the responsibility of all Stallholders to ensure that that they hold and maintain adequate and appropriate public liability, personal indemnity and product liability insurance policies with a minimum value of $10million and any other insurances required by law.
3. Stallholders must submit certificates of currency for these insurances to Urban Markets no less than 5 days prior to any Market date. A Stallholder will not be permitted to participate in the Market if this is not provided to Urban Markets.

20. Safety and emergency operations

1. Stallholders must, at all times, comply with all safety requirements of Urban Markets and ensure emergency exits are clear and not obstructed.
2. In the event of an emergency:
   1. Urban Markets will implement its Emergency Management Plan and Stallholders must comply with all instructions given by Urban Markets; and
   2. Stallholders must notify Urban Markets immediately.

21. Personal data

1. It is the Stallholder’s responsibility to ensure that Urban Markets has current details on file including mobile, address, landline, and email.
2. The Stallholder will comply with Urban Markets privacy policy.  

22. Smoking

Due to government health regulations, smoking is not permitted at the Site or within the Market precinct. There may be designated areas where it is permitted to do so. Please contact Urban Markets for details on designated areas.
 

23.Dogs

1. Some Markets are pet friendly, please contact Urban Markets for a list of pet friendly Markets.
2. Urban Markets does not recommend pets are brought to Markets, however if a Stallholder is at a ‘pet friendly’ Market, they must ensure:
   1. their pets are social, friendly and able to be effectively controlled by the Stallholder;
   2. they are kept within their Site area; and
   3. that all pet deposits are promptly and effectively cleaned up and removed from the Market precinct.

24.Market Sites

1. Stallholders are granted a non exclusive, revocable licence to use the Site for the purpose of offering or selling the Goods.
2. Stallholders cannot transfer, assign, sublicence or otherwise deal with their Site.

    

25. Promotional material/advertising

Urban Markets reserves the right to use images and/or photos of the Goods or Site, which may contain images of the Stallholder and/or their Goods, for promotional purposes.

26. Lost and found procedures

1. All ‘found’ items are to be promptly handed in to Urban Markets.
2. Stallholders must direct members of the public who have ‘lost items’ to Urban Markets.

27. Intellectual Property and commercial information

1. Urban Markets owns all Intellectual Property created or developed by, or on behalf of, Urban Markets.
2. All information and correspondence supplied to a Stallholder, or otherwise brought to its attention, is commercially confidential.
3. By submitting a Stallholder Application to Urban Markets, Stallholders agree to keep all correspondence and information confidential and not disclose such information to any third parties. Stallholders found to be sharing Urban Markets’ information will be prohibited from operating a Site and asked not to trade with Urban Markets

28. Urban Markets rights and liability

1. Urban Markets reserves the right to refuse entry to any person and/or trader or to refuse the sale of any Goods.
2. To the extent permitted by law, Urban Markets will not be liable for any loss or damage suffered by any Stallholder or third party due to the operation of the Market, including any loss or damage suffered from or in connection with:
   1. Stallholder’s Goods, equipment, personal belongings and Site;
   2. any dogs at the Market;
   3. vehicles;
   4. electrical issues.
3. Stallholders must indemnify and keep indemnified Urban Markets from all loss or damage Urban Markets suffer due to any act or omission of a Stallholder or their failure to comply with any of its obligations.

29. The Beckley Park Market

1. Permanent Stallholders at the Beckley Market must comply with the following terms:
   1. Permanent Stallholders must:
      1. attend and pay for a minimum of 3 markets each calendar month during the permanent booking period;
      2. notify Urban Markets if they cannot attend any market during their booking period before 4pm on the Thursday prior to the Market date;
      3. pay the applicable stall fees by 3pm on the Wednesday prior to the Market date;
      4. vacate the Market by 2pm on each Market date;
      5. set up their stalls between 5am and 7:30am on each Market date;
2. if a Permanent Stallholder fails to comply with the requirements in clause 29(a), Urban Markets reserves the right to cancel the Permanent Stallholder’s booking without notice
3. For the purposes of this clause, Permanent Stallholder means a Stallholder that is allocated a site number and attends a minimum of 3 market days per month at the Beckley Market.