Market Terms and Conditions

Trading Terms and Conditions

BUMP IN / BUMP OUT

Stallholders may begin arriving to the market site no earlier than 6:00am and no later than 7:30am.

Stallholders may depart the market site no earlier than 1:15pm (unless directed otherwise) and no later than 3:00pm.

ATTENDANCE & WEATHER CONDITIONS

• Our markets are all weather markets, however some of our markets may have indoor facilities available, and we 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 a stallholder's 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.
• In the event of a Total Fire Ban or other fire danger warning declared for the market area, stallholders are expected to come prepared and to comply with all relevant fire safety requirements (e.g. restrictions on gas appliances, naked flames or cooking equipment). Where a stallholder's operation requires an exemption to trade under a Total Fire Ban (such as for cooking with gas), it is the stallholder's responsibility to apply for and hold any relevant exemption or permit from the CFA or local council, and to provide evidence of this to Market Management on request. Market Management reserves the right to restrict or suspend the use of any equipment, or exclude a stallholder from trading, on days of extreme fire danger.

FEES

• Stall fees are payable by invoice 10 days prior to market date for each market.
• 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.
• 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.

REFUNDS OF FEES

If the market is cancelled by Market Management, no fees apply, and any fee paid will be credited to the next market. No other fees are refunded. This may not apply to all markets.

EARLY DEPARTURES

Trading hours are 8:00am – 12:30pm. This is strictly enforced. 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. Consideration will be given to special circumstances and only by prior arrangement. Where an early departure has been approved by Market Management, marquees and all equipment must be 'walked' out. No vehicle access during market trade hours.

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 slowly — 5kph at all times. Lights on if dark.

STALLHOLDER VEHICLE PARKING

Stallholders and their staff must park vehicles where directed. Follow market staff directives regarding 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. Marquees/umbrellas are to be dismantled and packed up. Sites are to be cleaned and all rubbish removed. Note: market bins are for lightweight rubbish only, not stallholder produce, rubbish and/or boxes. Vehicles may enter market grounds only once the above steps are complete.

RUBBISH REMOVAL & WASTE

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.

Market bins and waste facilities are provided for customer use only. Stallholders must not dispose of boxes, packaging, produce waste or any stall-related rubbish in customer or public bins. All stallholder waste must be taken home by the stallholder at the end of trade.

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.

LIQUOR LICENSING

All stallholders who wish to offer wine tasting at the Market are required to obtain a Limited Liquor Licence from Victorian Liquor Licensing by phoning 03 9655 3366 or via www.justice.vic.gov.au.

Stallholders are required to provide a copy of their current Limited Liquor Licence to the Market Manager at least five (5) working days prior to the Market. The Department of Justice may require the application at least 28 days prior to the Market date.

Mulgrave Farmers Market will be regularly audited by local council Environmental Departments to ensure stallholders comply.

SALE OF MANUFACTURED FOODS, HOT FOODS, CONSUMABLE GOODS & FOOD PERMITS

It is the stallholder's obligation to ensure that all Council and Government guidelines and health regulations are met, that all appropriate licences are obtained, that the setup of the stall meets all Council, health and safety requirements, and that these obligations are adhered to at all times.

All stallholders who wish to sell edible products at the Market are required to obtain appropriate permits from FoodTrader — https://foodtrader.vic.gov.au.

Stallholders are required to provide a copy of their FoodTrader registration to the Market Manager five (5) working days prior to the Market. Stallholders who do not adhere to this requirement will not be permitted to participate.

Mulgrave Farmers Market events will be regularly audited by local council Environmental Departments to ensure stallholders comply.

TASTE TESTING / SAMPLING OF GOODS

Stalls which hand out samples of food/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 and the sale of whole produce/fruit and vegetables must be labelled as per legislative guidelines and requirements.

APPROVED PRODUCTS

Handmade / Home Grown Markets

All products offered for sale must be made and sold by the stallholder.

Other Markets

Products that are clearly imported or purchased from a wholesaler, or are deemed inappropriate (e.g. discriminatory or offensive) by Management, will not be considered. It is the responsibility of the stallholder to ensure they conform to any safety and compliance standards pertaining to their product.

A stallholder may only offer for sale approved products which have been accepted by Management on the application form submitted by the stallholder. To add new products, a request in writing is required with photos. Products cannot be added to a stall unless written approval is given by Management.

All products and stall presentation must be of a high standard. It is not acceptable for stallholders to directly copy other stallholders' items and then sell them at our markets where that stallholder is also attending.

Where a stall changes ownership, is sold, or undergoes a rebrand or significant change of name, trading style or product range, the new owner/operator must notify Market Management in writing and submit a new application for review. The stall's product range and site allocation are not automatically transferred and remain subject to Management's approval as though for a new stallholder.

QUALITY OF PRODUCE

All produce sellers are asked to assess their products and 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.

WEIGHTS & MEASURES

Scales and/or any instruments used for measurement of goods sold on a mass basis must be certified as appropriate for commercial use in accordance with legislative guidelines.

EQUIPMENT

Stallholders must supply their own equipment and ensure they have everything required to operate — gazebo/s, weights/sandbags, table/s, chairs, etc.

Marquees must be of a high standard and to Australian engineering recommendations, able to withstand high wind levels. Lightweight gazebos from Bunnings/Aldi are not recommended. Gazebos that are not deemed suitable will be required to be taken down.

SITE PRESENTATION & SIGNAGE

Please ensure your site is well presented, tidy and safe at all times. Full-length 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 stallholder's stock, produce, equipment, cash and personal effects is the responsibility of the stallholder.

STALLHOLDER 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.

Stallholders are expected to represent the Market positively at all times, including online. Negative, derogatory or disparaging comments about Mulgrave Farmers Market, its management, staff or fellow stallholders - whether made on-site, in person, or via social media, reviews or other public platforms - will not be tolerated and may result in the stallholder's site being cancelled or their application to trade at future markets being declined.

COMPLAINTS & GRIEVANCES

Any stallholder wishing to raise a complaint or grievance with Market Management should do so by emailing info@mulgravefarmersmarket.com.au or calling 0420 254 422. Market Management will make reasonable efforts to acknowledge and address complaints in a timely and fair manner. Stallholders are expected to raise concerns through this process rather than airing grievances publicly (see Stallholder Conduct).

WORKING WITH CHILDREN

Stallholders who provide activities, services or entertainment directed at children (including but not limited to face painting, balloon twisting, craft activities and children's entertainers) must hold a current Working with Children Check (WWCC) for all staff and representatives engaging directly with children at the Market. A copy of the current WWCC must be provided to the Market Manager at least five (5) working days prior to the Market. Stallholders who do not provide evidence of a current WWCC where required will not be permitted to trade or operate their activity.

PHOTOGRAPHY, FILMING & CCTV

Mulgrave Farmers Market is a public event and photography and/or filming may take place on-site by Market Management for promotional and marketing purposes, including for use on social media, the website and other promotional material. By attending or trading at the Market, stallholders, their staff and visitors acknowledge that they may be photographed or filmed as part of the general market atmosphere. Market Management will take reasonable care with images involving children and will remove or refrain from using an image on request. Any person wishing to opt out of being photographed, or to request an image be taken down, may contact Market Management at info@mulgravefarmersmarket.com.au. Some areas of the Market site may also be subject to CCTV monitoring for security purposes.

INTELLECTUAL PROPERTY / COMMERCIAL INFORMATION

Mulgrave Farmers Australia Pty Ltd, trading as Mulgrave Farmers Market, owns all intellectual property, including all layouts, literary and artistic works, documentation, plans, drawings, specifications, sketches, reports and graphics herein.

All information and correspondence to stallholders is commercially confidential, and by submitting an application to Mulgrave Farmers Market a stallholder agrees to keep all correspondence confidential and not to impart it to third parties. Parties found to be sharing this information will be asked not to trade with Mulgrave Farmers Market.

PUBLIC LIABILITY / INSURANCE

Market Public Liability does not cover stallholders and/or their products. It is the responsibility of all stallholders to ensure 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 that their product meets statutory health requirements and poses no health risk to the consumer.

All stallholders must submit a current Certificate of Currency to a minimum value of $10,000,000, five (5) days prior to any market event. No stallholder will be allowed to set up without this requirement.

WEIGHTS / SECURING GAZEBOS

Irrespective of weather conditions, gazebos must be weighted down with heavy sandbags or appropriate, secure weights at all times. All vendors are required to have a minimum of 20kg per leg. Where possible, heavy-duty tent pegs can be used. This is an insurance requirement and is mandatory. Umbrellas must also be safely secured with a heavy base and tied to your gazebo where possible. There are absolutely no exceptions.

ELECTRICITY & ELECTRICAL EQUIPMENT

Not all of our market locations have electricity available. Some indoor locations will have electricity, however this will be limited, and market stallholders should prepare for no electricity.

Requests for electricity usage must be applied for and are subject to approval and availability. Limits to the number of power points allocated and amperage available apply. Stallholders must ensure that all power leads and/or electrical appliances used are safe and comply with Occupational Health & Safety (OHS) requirements, and are tagged and tested in accordance with statutory guidelines. Credits/refunds will not be given for any electrical supply issues.

PERSONAL DATA

It is the stallholder's responsibility to ensure that Market Management has current details on file, including current mobile, landline and email contact details.

SMOKING

Due to government health regulations, smoking is not permitted in stalls or within the market area. If you are a smoker, please do so in designated areas — see Market Management.

DOGS

Some markets are pet friendly. Dogs must be kept within your stall area.

MARKET SITES

Stallholders do not own their sites, obtain no rights to their sites, and 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.

TERMINATION

Market Management reserves the right to terminate a stallholder's ongoing arrangement to trade at the Market, in addition to cancelling or reallocating an individual site, on grounds including but not limited to: repeated or serious breach of these Terms and Conditions; non-payment of fees; failure to hold or provide required licences, permits, WWCC or insurance documentation when requested; conduct that is offensive, unsafe or damaging to the reputation of the Market (including as described under Stallholder Conduct); or persistent non-attendance without reasonable notice. Where practical, Market Management will provide the stallholder with notice of the concern and a reasonable opportunity to respond before a decision is made, except in cases of serious or urgent breach (such as safety risk or offensive conduct) where a stallholder may be stood down immediately pending review.

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.

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. 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, whether due to the negligence of the Market operator, its servants and/or agents, or otherwise.