Stallholder Terms and Conditions - Dee Why Lighthouse Market
These are the Terms & Conditions for all Stallholders who attend any market/special event operated by Jade Umbrella Markets Pty Ltd – henceforth referred to as ‘Manager’
All Stallholders must submit an Application and be approved and authorised by the Manager prior to Trading at any of our Markets.
Written authorisation will be given from the Manager for a specific Market and may include conditions or restrictions pertaining to the Stallholder's attendance. Upon Submitting an Application and making payment, or prior to commencement of trading, all Stallholders (including any workers/employees of the Stallholder) agree to the below Terms & Conditions and any additional Stallholder information included on the Website & Welcome Email specific to each Market. Stallholders also agree that the Manager retains entitlement to withdraw, change, or replace the Terms & Conditions at any time whereupon the Manager will post notice of those changes to the Terms & Conditions on this website.
Disclaimer: By attending any market or event managed by Jade Umbrella Markets Pty Ltd, you agree that you are not in any contractual conflict with any other market or Organisation; nor have you been prohibited from trading at any other market for any reason. Jade Umbrella Markets Pty Ltd, its managers and employees can not be held liable for any losses or legal action taken against you if you are held in breach from any existing (or previous) contract/agreement.
DEFINITIONS:
Application: means the Application form that is provided by Jade Umbrella Markets and 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.
Designated Stallholder Parking: means an area where the Stallholder is obligated to park their Vehicle for the duration of the Market. This includes the vehicles of staff, employees, contractors, agents, contractors and family members who are working at the Stall.
Gazebo: means any covered structure that is erected within the boundaries of the Stall and can include but not limited to Marquee, Tent and Umbrella.
Manager: means Jade Umbrella Markets Pty Ltd (ABN 43 646 201 327), its employees, staff and contractors which has the permission to operate, control and regulate the Market including the authority to approve or withhold approval to any person/s or legal entity to attend, occupy or Trade at a Stall at the Market.
Market: means any Market operated by Jade Umbrella Markets Pty Ltd and/or specific Market nominated by a Stallholder in the Application.
Market Manager: means any person/s appointed by the Manager to manage the day-to-day trading of the Market.
Market Area: means a designated area for each 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.
Stall Site: means an area within the Market that is designated by the Manager to a Stallholder for the sole purpose of Trading. The size depends on the market.
Current site size is:
Lane Cove Makers Market : 2.4m X 2.4m
Dee Why Lighthouse Market : 3m x 3m
Any additional area will need to be approved by Manager 48 hours prior to attending a market.
Stall Holder: means a person/s, legal entity and their employees, agents, contractors, consultants and family members that have been granted approval and authorisation by the Manager to use a Stall Site for the purpose of Trading at the Market.
Stall Fee: means the amount charged by the Manager and payable by the Stallholder 48 hours prior to attending a Market. The Stall Fees for each Market are on the Website.
Terms & Conditions: means the terms and conditions outlined in this document. Stall Holders indicate their approval of these Terms and Conditions by their application and/or by making payment.
Trading Hours: means the hours that a Market trades.
Website: means the internet address www.thebeachesmarket.com that is controlled by the Manager.
CONTENTS:
1. Trading Hours
2. Bump In
3. Bump Out
4. Conditions / requirements for stallholders:
5. Other Requirements
6. Parking For StallHolders
7. Stall Size
8. Equipment
9. Site Allocation
10. Fees/Payment
11. Cancellation of Market/Wet Weather
12. Stallholder Cancellation / Refund / Credit
13. Right of Refusal
14. Code of Conduct
15. Additional
16. Complaints
1. TRADING HOURS:
1.1. Lane Cove Makers Market – 3rd Sunday of the Month: 9.00 am – 3.00 pm – Closed January
1.2. Dee Why Lighthouse Market – 1st Sunday of the Month 9am -3pm
1.3. Special Events – as per the advertised hours for the particular event.
1.4. Some market dates may be moved or cancelled if they fall on Public Holidays or Special Dates.
2. BUMP IN:
2.1. Please see website www.thebeachesmarket.com and Welcome Email & Map for Specific Address and Specific Arrival Times regarding the particular market you are attending.
2.2. Stallholders will have access to their allocated stall space 1.5 hour before the start of the Market. Stallholders must occupy their Stall Site and be ready to trade 30 mins before the Market commences and continue trading until end of Trading Hours.
2.3. If a Stall Holder is Late Arriving, they must contact the market manager by calling 0452 446 556 at least 1 hour before commencement of market or their site may be allocated to another Stall Holder.
2.4. NOTE: NO VEHICLE ACCESS to Lane Cove Makers Market or Dee Why Lighthouse Market. Stallholder vehicles are unable to enter the Market Area to unload directly at their Stall Site. Vehicles are required to park on the street and trolley/carry equipment to your site. Bump in Times of 20 mins may be allocated to you.
2.5. There is a 20 minute Maximum unload time and 1 Vehicle only per Stall Site.
2.6. Stallholders MUST unload all equipment and remove their vehicle as quickly as possible from the Market Area BEFORE setting up their stall. Lane Cove Makers Market does not have vehicle access.
2.7. All vehicles associated with the Stall Site MUST be parked in the designated Stallholder Parking areas for the specified Market, unless alternate parking approval is given by a Market Manager.
2.8. $10 all day Parking is available for Stall holders. Rego must be provided 6 days before market.
2.9. All stalls must be set up and ready to trade by 8:45am
2.10. Stall holders agree to ensure their vehicle, equipment is within market boundaries at all times.
2.11. All Markets are NO SMOKING
3. BUMP OUT:
3.1. Stall Holders may only commence pack up at the end of Trading Hours (or as directed by the Market Manager).
3.2. Vehicles will not be granted access (for any reason) to enter the Market Area.
3.3. All Stall equipment must be completely packed down and confirm with Market Management before your vehicle is allowed to be brought to the Unload Zone.
3.4. Stall Holders must vacate the Market Area within 90 minutes of the end of Trading Hours or an overtime charge of $25 may be incurred for every 15 minutes or part thereof.
4. CONDITIONS / REQUIREMENTS FOR STALLHOLDERS:
4.1. Stallholder contact details must be kept up to date with the Manager and provide consent to be contacted by email and phone using those details.
4.2. Stall Holders must have a current Public Liability Insurance policy (with minimum cover of $20,000,000). No Stallholder will be permitted to trade at the Markets without providing evidence on request of their policy.
4.3. Lane Cove Stallholders must supply a copy of their current Public Liability Insurance certificate to the Market Manger. A $20.00 charge will apply if we are not presented with a copy of the current policy.
4.4. Stallholders are not permitted to cease trading or leave the Market before the end of Trading Hours unless authorised by a Market Manager.
4.5. Stall Holders must leave their Stall Site free of waste and rubbish. It is the responsibility of the Stallholder to take ALL waste from the Stall Site at the end of the day. Failure to clean up adequately can incur an immediate cleaning fee of $35.00 payable to the Market Manager.
4.6. Any damage to surfaces (grass/ground etc). must be repaired, cleaned, or made good at the expense of the Stallholder.
4.7. On-site bins are strictly for general public and customer use only. Stallholders shall not place waste refuse of any kind (such as packaging materials, plants, boxes, empty cartons, cooking oil containers etc.) into any on-site bin. Any trader found to be using on-site bins will incur a separate fee for each bin they use.
4.8. All public walkways and aisles must be kept completely clear at all time.
4.9. Stallholders must ensure their Gazebo is secured to the ground by means of suitable weights. Pegs are not permitted for use at Dee Why or Lane Cove.
4.10. Gazebos must not be tied to tables or market equipment. If the wind is blowing continuously at 40 km p/h (5 on the Beaufort Scale), Gazebo canopies must be removed. Should wind speeds reach 60 km p/h (7 on the Beaufort Scale), the Market may be abandoned at the discretion of the Market Managers.
4.11. All responsibility for accident or damage caused to persons or property by unsecured Gazebos (or any Stallholder equipment/possessions) will be assumed by the Stallholder. Neither the Market Mangers nor Local Council can be held responsible in such instances.
4.12. If a Stallholder intends to sell products labelled 'Organic', they must provide the necessary documentation provided by the accredited Certification Authority for each product (and labelled accordingly). If official Certification cannot be made available, the product will not be deemed as Organic or be permitted to be sold as such.
4.13. Stallholders are NOT permitted to smoke within the Market Area. Fines of breaching this rule will incur a $110.00 fine, plus, if applicable, a $25.00 cleaning fee per discarded cigarette butt.
4.14. Stallholders must wear appropriate footwear at all times.
4.15. The Market Manager reserves the right to refuse entry to the Market and/or terminate the Stallholder’s participation at any time where in appropriate behaviour is displayed. Rude, offensive, or aggressive behaviour of any kind will not be tolerated and will result in the immediate expulsion of that person and their stall at the Market
4.16. Food Stalls are required to have a Food Safety Supervisor Certificate (where applicable) and follow ALL NSW Food Safety Requirements including the requirements of the 2003 Food Act, Food Registration 2001, Food Standards Code and any local Council regulations.
4.17. ALL food stalls are required to have a current Northern Beaches Council Food Stall Permit and follow their requirements. Please see the local Council and NSW Food Authority websites for more information (or email us to request the relevant Forms).
5. OTHER REQUIREMENTS
5.1 Single-Use plastic/plastic bags are not allowed as per NSW Law. Where possible, the use reusable or environmentally-friendly products and packaging only is to be used.
5.2 Stallholders are required to follow all current Covid restrictions as per NSWHealth & ServiceNSW websites. There may be additional requirements from Local Council regarding Covid Restrictions.
5.3 Stallholder agree to operate their business and adhere to NSW Laws, including Trade Licenses, Insurance and any required Permits.
6. PARKING FOR STALLHOLDERS:
6.1. Stall Holder all day parking is available for $10.
6.2. Stall holders need to provide REGISTRATION Number of Vehicle 6 days before market.
6.3. It is the Stall holders responsibility to provide the correct registration number.
6.4. Maps of designated Stallholder Parking areas are provided with the welcome email.
7. STALL SIZE:
7.1. Lane Cove Makers Market – 2.4m x 2.4m. Occasionally 3m x 3m and Table Only spaces are available prior to attending the market
7.2. Dee Why Lighthouse Market – 3m x 3m stall Site
7.3. Special Events – 3m x 3m Stall Site
8. EQUIPMENT:
8.1. Stallholders must provide their own equipment.
8.2. The Market provides allocated Stall Space only. Stallholders must bring all display equipment needed for their stall with them. This includes gazebos, tables, tablecloths, stall signage and so forth. No refund of stall fees is applicable to any trader who fails to bring their own display equipment or protection of their goods - even if the Stallholder is unable to set up as a result.
8.3. Stallholders are allowed at their stall: a maximum of 1 x Litre of approved flammable liquid, 1 Cylinder of no more than 25 litres of LP Gas in use with 1 x spare (cylinders must be in accordance with AS159-1989)
8.4. Stall holders who use gas or electricity must have a fire extinguisher & fire blanket
8.5. Electrical supply is unavailable.
8.6. Electrical equipment must be tested to full compliance with Australian Safety Standard AS. All electrical cables must be tagged in accordance with Work Cover regulations and must be equipped with a working circuit breaker.
8.7. Stallholders must provide their own extension leads to reach their site from the power supply. Extension cords must be tagged in accordance with Work Cover regulations. Length of cables required can/will vary from site to site. Rubber mats must be used/provided by the Stallholder to cover the full length of the cable from stall to supply source.
9. SITE ALLOCATION:
9.1. Payment in advance will guarantee a Stall Site at the Market for the market day paid for (subject to arriving on time). Stall Sites are non-transferable.
9.2. Stall sites will be allocated on each Market day by the Market Managers. The Manager's decision regarding allocation is final - regardless of whether a Stallholder has traded in a particular stall position at a previous Market.
9.3. Setting up cannot commence before the Market Managers approval. Stall Locations may change on the morning of the market.
9.4. Permission to trade without a confirmed booking (or paid Stall fee) will be subject to Market approval, type of product, and space availability on the day.
10. FEES / PAYMENT
10.1. Stall fees are expected to be paid 7 days prior to the commencement of Market.
10.2. Stall fees for specified markets are displayed on our website. All fees are subject to change/variation at the discretion of the Management.
10.3. Fees are charged per standard stall size per selected Market.
10.4. If payment for a Stall Site is not showing on the Market's Account by commencement of Market, the Stall fee must be paid on the day of the Market and the receipt shown to Market Manager.
10.5. Wherever exemption of the above has been granted, and the Stall fee is still not showing within 48 hours from the day of the Market, a $15.00 late payment will be incurred in addition to the Stall Fee itself.
10.6. If a Stallholder exceeds the allocated boundaries of their Agreed Stall Size dimensions, further full Stall Fees can be incurred (unless authorised/approved by the Market Manager). All signage, stock, tent pegs etc. must be kept within the Stall Site boundaries.
10.7. If a Stallholder owes any Stall Fee, they will not be allowed to attend until the Stall fee/s are paid in full.
11. CANCELLATION OF MARKET/WET WEATHER
11.1. Our Markets are all-weather Markets. Bad weather will not result in a refund unless the Manager declares the Market cancelled. Only in the event of hazardous weather, or other extenuating circumstances, will the Manager declare the Market as cancelled.
11.2. If the market trades for a period of time and then is cancelled a pro-Stall Fee will be payable.
11.3. If a credit is due in the event of a cancelled market, it can be used towards another forthcoming Market at the same location.
11.4. 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 by the stall holder in relation to their decision to continue or cessation of trade during inclement weather conditions.
11.5. The Stallholder is responsible for the supply of covers and other equipment for the purpose of protection in inclement weather conditions.
12. STALLHOLDER CANCELLATIONS / REFUNDS/ CREDITS:
12.1. Stall holders agree to notify if they are unable to attend a market. Notification can be via Email, SMS or Phone Call and a Confirmation of your notification of cancellation will be provided to Stallholder to confirm the notification has been received.
12.2. If suitable notification is provided to Management regarding cancellation, and a suitable replacement has been arranged by Management then at the discretion of Management a refund or credit to another market MAY be provided.
12.3. If the Stall Holder is cancelling within 24 hours of Market commencement, they agree to CALL 0452 446 556 to notify of this.
12.4. If a Stallholder cancels their attendance within 24 hours before the start of Market trading hours, the full Stall Fee is to be paid. (Subject to prevailing circumstances at the Managers discretion).
12.5. If the Stall Holder cancels within 48 hours of the start of Market Trading Hours 50% Stall Fee is to be paid.
12.6. Refunds requested by stall holders will incur a $15.00 administration/processing refund fee.
12.7. Repeat Cancellations may jeopardize a StallHolders attendance at our Markets.
13. RIGHT OF REFUSAL: If the Market Manager deems a Stall or Trader as no longer being suitable for the Market (be that for whatever reason deemed detrimental to the market), a written notification from the Market Manager will be issued. Notification will contain the reasons for the decision being taken not to be offered a position at the Markets in the future.
14. CODE OF CONDUCT:
14.1. All Stallholders must treat fellow Stallholders, Market Managers, and the general public respectfully. Bullying, insulting, or intimidating behaviour (including verbal/non-verbal aggression, threatening language, physical abuse, intimidation) is strictly forbidden and will not be tolerated at our Markets.
15. ADDITIONAL
15.1. If the Market Management receives any verbal or written complaint alleging a breach of the Code of Conduct by a Stallholder, the allegation will be investigated. Where indisputable breaches are found, the offending Stallholder's future right to attend the Markets may be jeopardised, or in more serious instances, permanently denied altogether.
15.2. Any right of refusal will be formally issued in writing to the Stallholder in question.
15.3. Stall holders are to be aware of Workplace Health and Safety as it applies to their business and staff and that of attending an OutDoor Event with Parklife Partnership pty ltd.
15.4. Stall holders consent to their email & Phone number being used. Stall holders consent to the using of images taken at the market and/or images supplied by the stall holder or on their social media.
16. COMPLAINTS:
16.1 Complaints should be directed in writing to info@thebeachesmarket.com
16.2 Management can neither be held liable or responsible for any claim made by a customer against any Stallholders regarding faulty, inedible or misrepresented products sold by a Stallholder at the Markets. Any complaint made by a customer in the above regard will be referred back to the Stallholder. If no resolution is found, the matter will need to be referred to the ACCC or the Office of Fair Trading.