TERMS & CONDITIONS
FOR THE GRANT AND USE OF STALLS AT THE FOOTSCRAY FINDS MARKET
1. THE BACKGROUND AGENCY PTY LD (ABN 616 987 903) (‘TBG ‘) operates the Footscray Finds monthly market located in Paisley Street, Footscray at the Footscray Library Car Park.
2. These terms and conditions apply to all persons operating stall sites at the Market.
3. 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.
4. These Terms and Conditions may be amended from time to time at the sole discretion of TBG including by the addition, deletion or variation of terms and conditions.
5. Where TBG amends the Terms and Conditions it will post them on its website within a reasonable time. TBG will also have copies of the new Terms and Conditions available at the market. Applicants will be deemed to have agreed to the amendments by continuing to maintain a stall at the market.
6. TBG 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. The market is operated by TBG under License from the City of Maribyrnong
(‘Council’) and in cooperation with the Footscray Traders Association (‘FTA’);
8. Applicants must comply with all relevant laws and any requirement of any authority including Council and the use of the stall sites.
9. Applications must comply with all directions given by persons representingTBG
10. Any breach of the Terms and Conditions by an Applicant may, at the absolute discretion of TBG, result in the booking and or allocation of a stall site being withdrawn and or / further bookings of site stalls not being accepted.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 TBG RIGHT TO DETERMINE DISPUTES
11. An applicant has no right to a stall and the allocation of a stall is at the sole discretion of TBG which is not obliged to provide any reason for its decision(s).
12. 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 the comply with the Terms and Conditions.
13. Where TBG considers a booking or allocation to be detrimental to the Market of the car park or other stallholders, or if vehicles are parked in booked stall site(s), TBG 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.
14. TBG 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 and / or Car Park
PRECONDITIONS OF OPERATING A STALL
15. Applicants must ensure that their activities (both actions and omissions) do not endanger the safety or security of any persons at the Market
16. Applicants must report to persons representing TBG 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
17. At the time the Applicant is advised that it has been allocated a stall it must pay the required fee (“the fee”)
18. Applicants who operate food van must hold their own insurance and provide TBG with a COC in respect to that policy.
TRADING HOURS & WEATHER CONDITIONS
19. The Market trading hours are 8am – 1.00pm. Stall site may be occupied from 7am for set up.
20. Stall sites not occupied by 7.30am may be forfeited without refund
21. The applicant must pack up its stall site that the Market is returned to a public car park at 1pm.
22. TBG will operate the market in a variety of adverse weather conditions and representatives of TBG will remain in attendance irrespective of adverse conditions. Applicants are advised to bring their own protection against the elements. There will be no refunds.
23. Applicants may only operate within their allocated stall site. The stall space is defined by the marking of a single car park parking space. 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.
24. Applicants do not have the right to sublet or resell to other persons without the written consent of TBG
25. 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 must be removed from the Market and / or car park promptly and at least by 1pm.
26. All stall equipment including racks, tables, signage etc must be contained to the stall site boundaries. Public access ways must be clear at all times.
27. Marquees, covers and all stall equipment must be erected securely and weighted or secured at all times. 28. All equipment must be in good repair and be operated in a safe manner
29. No power generating equipment is allowed unless authorized by TBG
STANDARDS OF CONDUCT
30. Applicants must behave with courtesy and respect towards members of the public, other stallholders, persons representing TBG and volunteers.
31. 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
32. Loud product promotion by Applicants is not permitted
33. Animals are not permitted unless on a leash
34. 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.
35. TBG reserves the right to refuse admission to the Market to any person without giving good reason and to eject or cause to be ejected any person and/ or / his / her goods and chattels without giving any reason. This decision is final and binding.
36. Applicants suspected of committing a criminal offence will be reported to the police
37. Firearms are NOT permitted in the market
CATEGORIES OF GOODS PERMITTED FOR AND PROHIBITED FROM SALE
38. TBG has sole and absolute discretion to decide which products are permitted to be sold within the Market and is not obliged to provide any reasons for its decision(s).
39. Applicants are only permitted to sell second-hand goods or handcrafted goods made by the Applicant.
40. Applicants are not permitted to sell;
a. New factory made goods, seconds or samples, animals, poisonous products, prescription medication, illegal goods, pornography, firearms, ammunition, explosives, weapons including knives, dangerous goods, counterfeit or copied goods; and
b. Raffle tickets; and
c. Goods which may be considered in TBG’s sole and absolute discretion to be offensive to the general public. The determination of whether goods may be considered to be offensive to the general public is final and binding. No reasons for TBG determination will be provided and no discussion will be entered into.
GUIDANCE ON SECOND-HAND GOODS, LEGAL OBLIGATIONS AND STANDARDS
41.By applying for a stall the Applicant accepts responsibility for all of its legal obligations under any Acts, Regulations, By-Laws , Codes, Guidance and Standards or other sources of Legal duties and other legal requirements relevant to the sale of its goods including the law of negligence. The Applicant understands and accepts that it is strictly liable for the legal obligations and that lack of knowledge is not an acceptable excuse or defense.
MOVEMENT AND PARKING OF VEHICLES IN THE MARKET AREA
41. Applicants are not permitted to use vehicles within the Market after 7.30am or to remove vehicles from market area until 1.00pm unless directed to do so by persons representing TBG.
42. When vehicles are moved during permitted hours, movement within the Market must be undertaken with care
43. No persons shall ride in a vehicle or on a trailer other than in an Australian Standards compliant seat with a safety belt secured.
44. Pedestrians have Right of way
45. TBG does not provide traffic control, volunteers may assist with traffic congestion during bump in / out 46. Drivers should drive at a walking pace, not to exceed 5kph within the Market area
RELEASE & INDEMNITIES
47. The Applicant uses and occupies the Market and / or Car Park and / or the stall site allocated to him or her at his own risk and releases TBG 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.
48. The Applicant indemnifies and holds harmless TBG, 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 / and or Car Park and / or stall site by the Applicant or people acting for or on behalf of the Applicant.
49. The Applicant indemnifies TBG for any action against it for stolen or illegal goods sold by the Applicant.