Important Note 1: The generic term ‘Stallholder(s)’ used in this document refers with equal emphasis to any trader or other participant in the markets.
Important Note 2: Please read the document along with the separate Rules and regulations form.
Important Note 3: The Market Operator reserves the right to change or alter these Terms & Conditions at any time and give notice to stallholders. By submitting your application online you agree to the terms and acknowledge the Market Operator’s right to do so.
Important note 4: By submitting an application to be a stallholder at the markets you agree to abide by the Terms and Conditions of the Village Markets.
- THE VILLAGE MARKETS (the Market Operator) has set out in this document its standard terms and conditions of business which, together with the Application, and the Rules and Regulations will apply to all arrangements with Stallholders.
- Stallholders must comply with these conditions (which may be amended and updated from time to time), any directions of THE VILLAGE MARKETS (the Market Operator) and any statutory or similar obligations placed upon them.
General stallholder rules
- Must attend all markets agreed upon and pay their rent in all weather conditions.
- Must have set up their stalls at least 15 minutes before the markets’ opening times and not pack up before the markets’ closing times.
- Must acknowledge that Permanent Stallholders rights are non-transferable. If a Stallholder wants to sell the business, they should discuss the situation with the Market Operator beforehand.
- If a Permanent Stallholder is going to be late (not arrive at least 1 hour before the advertised market opening time), they must phone the Market Operator before the time limit has expired.
- All Stallholders must strictly abide by the regulations concerning traffic movement around and inside the market site and at all times obey the direction of market officials.
- Vehicles must not travel any faster than 5km an hour on the market site. Please be aware that there are other people including children and pets walking around when reversing.
- Particular care, courtesy and consideration are expected of each stallholder while setting up and packing down.
- Markets are all-weather events. Inclement weather is no excuse for non-attendance. Stallholders must make arrangements to ensure that their stalls are always available. Rents remain payable even if stallholders do not attend. (see Regulation and Information document)
- Stallholders’ consent for us to use their email or mobile is granted.
- Stallholders are expected to inform the market operator of any change to their contact details.
- Body piercing, acupuncture, or any other skin penetration activities cannot be provided by stallholders.
- Stallholders selling food must comply with all relevant food regulations, codes and standards and any local council codes.
Licensing/regulations
- All stalls retailing food must register with NSW Food Authority (foodnotify.nsw.gov.au) and bring their notification numbers with them to the markets.
- The term ‘organic’ can only be used on products that have been certified by either a government accredited certification body (such as AQIS in Australia), IFOAM, or ISO 65 with an organic component. Furthermore, stallholders agree to maintain documentation to verify the certification status of each product labelled with reference to ‘organic’ to enable consumer (and NASAA) verification of the status of products so labelled. This will be provided through certificates for each product claiming to be certified. Stallholders understand that unless products are certified as per the above, no reference to ‘organic’ can be made. Stallholders claiming to have organic produce agree to random annual inspections involving selecting 5 products and requesting purchase documentation to verify label claims.
- Any seller of meat must provide documentary evidence that the meat was obtained from a licensed butcher or meat wholesaler, and all food vendors must maintain on site inventory of stock, supplier details, invoice and other relevant documentary evidence to facilitate food safety recall, if required.
- Stallholders must comply with the instructions of the market operator’s agent on site (inter alia) as to the location they are to occupy.
- No counterfeit goods may be sold.
- Stallholders must not have at their stall more than: one (1) litre approved container with any flammable liquids; one (1) cylinder of not more than 25 litres (9kg) of LP gas in use with one spare (the use and condition of the cylinders must be in accordance with AS1596-1989) at their stall. Any other cylinders containing inert gases must be secured to avoid dislodgement. An approved fire extinguisher must be carried and ground sheets employed. Any damage to surfaces must be repaired at the cost of the stallholder. Otherwise than under this rule no naked flames should be burned in the market.
- Electrical equipment must be tested to Australian Safety Standard AS3760. There is no guarantee of the availability of electricity or continuation of supply.
- Applicable stalls must be equipped with a fire blanket and fire extinguisher suitable for any of their own fire risks.
- Standard stall sizes are approximately 3 meters square, where possible. Fees are charged per standard stall with no discount for under use. Additional stall fees may be charged where a stallholder exceeds a standard stall size.
- Access to the market can be refused (or a stallholder who is at the market may be asked to leave the market) by the market operator at any time for any breach of these terms and conditions.
- Stallholders must bring all their own tables, table covers, gazebos and equipment. Tables must be covered with clean cloths on all sides. All stalls are to be adequately secured against wind and wet weather. Aisles must be kept clear and boxes stored under tables where possible. Presentation of stalls must be of the highest standards.
- Electric cables must be heavy-duty construction standard, laid with due consideration for members of the public, tagged or otherwise inspected in accordance with Work Cover requirements and must have a circuit breaker. The market operator is not qualified to provide extension leads or otherwise assist in connection with power outlets.
- The Growers Markets will endeavor to check compliance however will not be held liable for damage from faulty cables and electrical equipment. It is each stallholders responsibility to ensure equipment is in good working order.
- Stallholders must recognise the right of the owner of the land upon which the market is being held (or any other relevant authority) to refuse access to any person.
- No wild animals, birds, reptiles or livestock may be brought into the market areas without the market operator’s consent.
- No stallholder will obstruct the passage of vehicles in streets near the market. Unloading and packing up of stalls must be conducted on the market site. Vehicles must not unload/pack up from street/road frontages.
- A certificate for at least $10m of public liability insurance must be carried with you at all markets attended. In the case of food-sellers, relevant product liability insurance must also be carried.
- All relevant certificates including but not limited to Food Supervisor, RSA, Liqour license, Public and product liability will need to be supplied and updated and The Growers Markets will not be held liable for certificates or cover that has expired. It is your sole responsibility to make sure your coverage is up to date and valid.
- The Growers Markets offers one off coverage for uninsured stallholders at a cost; and are happy to cover you upon request for an additional fee.
- Upon closing, all stallholders, are responsible for: (1) Removing all waste from the market area, and cleaning up and making good any area they use for trading, including its vicinity, at their own cost, and (2) All stallholders vacate the site by the specified times and must not bring vehicles onto the site before the specified times.
- Stallholders can only sell the range of goods agreed to by the market operator from time to time and must not take on other stallholders’ goods for sale without prior approval. If a Stallholder does carry the goods of another who has been at the trade, but does not attend, the stallholder will be responsible for an additional fee for another stall.
- In consideration for the market operator promoting, managing, establishing and maintaining the THE GROWERS’ MARKETS, Stallholders undertake that by their deeds and actions they will protect the goodwill of the THE GROWERS’ MARKETS.
- Further, stallholders shall hold harmless, release and indemnify and keep released and indemnified the market operator from and against all actions, suits, claims, demands, costs, charges and expenses for which the market operator, their servants or agents may be held liable in respect of loss, damage, accident or injury of whatsoever nature or kind and however sustained or occasioned and weather to property, persons in connection with the use of any stall and any work connected therewith.
- By signing this agreement you acknowledge that the market operator can discontinue the markets at any time of the market operator’s own accord or by order of any authorized person or body and that stallholders shall have no recourse whatsoever against any party involved in the conduct of the markets.
- Nothing in these conditions excludes, restricts or modifies the application of provisions of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of these conditions to be void.
The Growers Markets