For the use of stalls at South Kingsville Community Centre on the 29th June 2019.
1. These terms and conditions apply to all persons operating stall sites at the Market.
2. For the purposes of these terms and conditions, “person” includes any person who applies for a stall (‘Applicant’) and any person who occupies that stall for the purpose of selling goods regardless of whether they are the Applicant or not. A person includes a corporation.
3. These Terms and Conditions may be amended from time to time at the sole discretion of SKCC including by the addition, deletion or variation of terms and conditions.
4. Where SKCC amends the Terms and Conditions it will post them on its website within a reasonable time. SKCC will also have copies of the new Terms and Conditions available at the market.
5. Applicants will be deemed to have agreed to the amendments by continuing to maintain a stall at the market.
6. SKCC reserves the right to publish photographic images of Applicant stallholders and/ or their stall sites taken at the market for use in their promotional material.
7. Applicants must comply with all relevant laws and any requirement of any authority including Council and the use of the stall sites.
8. Applications must comply with all directions given by persons representing SKCC
9. Any breach of the Terms and Conditions by an Applicant may, at the absolute discretion of SKCC, result in the booking and or allocation of a stall site being withdrawn and or / further bookings of site stalls not being accepted.
NO ENTITLEMENT TO A STALL AND SKCC RIGHT TO DETERMINE DISPUTES
10. An applicant has no right to a stall and the allocation of a stall is at the sole discretion of SKCC which is not obliged to provide any reason for its decision(s).
11. Where an applicant is granted a site for a stall, the Applicants allocation of a stall and its ongoing use is subject to the Applicant agreeing to and continuing to comply with the Terms and Conditions.
12. Where SKCC considers a booking or allocation to be detrimental to the Market or other stallholders, or stall configuration is required to be changed, SKCC expressly reserves the right to:
- a. Cancel any booking of a stall site; and / or
- b. Reallocate a stall site irrespective of the stall site number indicated on a stallholder’s ticket in circumstances; or
- c. Cancel any booking in circumstances where a stallholder has submitted false or misleading information.
- 13. SKCC reserves the right to determine any dispute between Applicants in so far as any such dispute is in connection with the Market or the use and occupation of stall sites.
- PRECONDITIONS OF OPERATING A STALL
- 14. Applicants must ensure that their activities (both actions and omissions) do not endanger the safety or security of any persons at the Market
- 15. Applicants must report to persons representing SKCC any incident or accident to any person or property that involves a risk to health and safety, injury, loss or could otherwise be expected to give rise to a claim.
- PAYMENT OF THE FEE AND INSURANCE
- 16. At the time the Applicant is advised that it has been allocated a stall it must pay the required fee (“the fee”)
17. Applicants who operate a food van must hold their own insurance.
Stall holders are NOT covered on SKCC insurance and it is strongly recommended Stall holders have their own insurance.
- TRADING HOURS
18. The Market trading hours are 9am – 1.00pm. Stall site may be occupied from 8am for set up.
- 19. Stall sites not occupied by 8.30am may be forfeited without refund.
- 20. The applicant must pack up its stall site and ensure that the Market is returned to empty by 2 pm.
- 21. Stall holders are not allowed to pack up before 1pm (End of the market).
- STALL SITES
- 22. Applicants may only operate within their allocated stall site. Stalls extend into the walkway by 1 meter (White Dots mark the limit). The use of walkways between stall sites and vacant stall sites for the placing or storage of goods is prohibited.
- 23. Applicants do not have the right to sublet or resell to other persons without the written consent of SKCC
- 24. Applicants must keep their stall sites clean and orderly and the surrounding areas free from rubbish and litter at all times. All rubbish and unsold goods must be removed from the market and/or car park promptly and at least by 2 pm.
- 25. All stall equipment including tables, signage etc must be contained to the stall site boundaries. Public access ways must be clear at all times.
- STANDARDS OF CONDUCT
- 26. Applicants must behave with courtesy and respect towards members of the public, other stallholders, persons representing SKCC and volunteers.
27. Applicants must not consume alcohol or drugs at the market and must not attend their stalls if they are in any way impaired by alcohol or drugs
28. Loud product promotion by Applicants is not permitted
29. Animals are not permitted
- 30. Applicants are expected to take their waste with them when they leave the stall site and not to dump or otherwise dispose of their waste or unsold goods in the waste bins provided at the Market.
- RELEASE & INDEMNITIES
- 31. The Applicant uses and occupies the Market and / Car Park and / or the stall site allocated to him or her at his own risk and releases SKCC from all claims, causes of action, complaints, liability, demands, costs of expenses that any person might have in connection with or arising in any way from the use and / or occupation of the Market and / or Car Park and / or stall site by the Applicant or people acting for or on behalf of the Applicant.
- 32. The Applicant indemnifies and holds harmless SKCC, including market management, staff and volunteers, against all claims, causes of action, complaints, liability, demands, costs or expenses that any person might have in connection with or arising in any way from the use and / or occupation of the Market / Car Park and / or stall site by the Applicant or people acting for or on behalf of the Applicant.
- 33. The Applicant indemnifies SKCC for any action against it for stolen or illegal goods sold by the Applicant.
- 34. SKCC takes no responsibility for the safe keeping of personal property of stallholders or rummagers while at the event. The security of your takings, goods and personal items is your own responsibility.
- 35. SKCC have a NO Refund policy. We currently do not offer refunds for stall fees and can not transfer your stall fees to another month or event. We will refund all stall fees if the event is cancelled by SKCC and only in this instance. If you do not agree with this policy, then please think carefully before you purchase your ticket online.