TERMS & CONDITIONS
- Acceptance and non acceptance of applications will be at the sole discretion of “The Ideas Library” (Management) and will be based on the information given by the applicant on their application, meeting the approved product criteria, quality, product distribution, diversity (market mix) and availability.
- Management reserves the right to reject applications and not enter into any correspondence or otherwise explain the reasons for its decisions. All decisions made by management are final.
- Stall rental and stall positions are at the discretion of Management.
- Stalls cannot be transferred, sublet, franchised or sold to any other person, nor can they be shared without written approval.
- All products offered for sale can be created/designed by and sold by the registered stallholder.
- No independent consultant products are applicable for any market (scentsy, intimo etc)
- Products that are clearly imported or purchased from a wholesaler or are deemed inappropriate (eg: discriminatory or offensive) by Management will not be considered.
- Plants: Buying from a wholesaler and ‘growing on’ is not accepted. The stallholder must propagate all plants sold at the market.
- It is the responsibility of the stallholder to ensure they conform to any safety and compliance standards pertaining to their product.
- Stallholders who value-add to a product must provide significant creative input to the product and not just apply token additions.
- A stallholder may only offer for sale approved products which have been accepted by Management on the application form submitted by the stallholder.
- Packaging only is not sufficient involvement.
- To add new products, a request in writing is required with photos. Products cannot be added to stall unless Management gives approval.
- Stallholders may not sell other people’s goods unless they have been given permission. These items must still be Australian made.
- Fashion must be DESIGNED by the stall holder. Where production is outsourced stall holders must be able to provide details on where this production takes place to ensure it is ethical.
- All products and stall presentation must be of a high standard.
- Payment of fees is required via direct deposit within 3 days of an application being approved via email, should payment not be made Management will delist your stall.
PRIOR TO MARKET DAY:
- You agree to provide The Creators Market with ONE image of your product
- You agree to not request to move your stall once booked into the market
- You agree to share on all of your social media channels that you will be attending the market + participating as a stall holder
- The Creators Market does not guarantee individual shout outs or promotion posts for every stall holder. These will be selected on a random basis. This is a monthly market run by two people, your understanding + appreciation at how hard their job is is greatly appreciated.
- Some stall holders will be promoted together in NON-COMPETING groups
- Registered stallholders must be in attendance during the market trading times
- Stallholders must be in the market area 30 minutes prior to market opening hours and ready to trade at the commencement of the trading hours and must continue trading until the market closing time.
- Registered stallholders may apply in writing to Management to have a family member or employees man their stall. Approval will only be considered if the persons manning the stall have a degree of knowledge of the product and/or be involved in the making of the product(s).
- Notification of non-attendance is required on market days via market mobile (0433 569 690) to allow neighboring stallholders to spread out and fill in gaps. No refunds/credits will be given or considered on market days.
- Loud product promotion by stallholders (spruiking) is not permitted.
- Copying the ideas and work of other stallholders may be in breach of creative copyright and is not in the spirit of the market. Any grievances must be in writing.
- Raffle tickets may not be sold. Only handbills approved by Management may be displayed on stalls.
- Products and produce with faults must be clearly labeled and sold as seconds.
CANCELLATIONS, REFUNDS, DAMAGE OF GOODS:
- No refunds or credits will be granted for cancellations within 40 days outside of market date. You agree to this when you accept the T&C’s of the market.
- No refunds or credits will be granted for cancellations 40 days outside of market date
- No refunds or credits will be granted if your stall does NOT make a sale
- No refunds or credits will be granted for cancellation due to change of mind
- Management takes NO responsibility if your items are damaged during set-up, market hours or during pack down. No items will be reimbursed by management.
- Markets will operate indoors
- Management will not be held responsible for any loss, damage or injury whatsoever resulting from adverse weather conditions whilst bringing their products in or out of the venue.
OCCUPATIONAL HEALTH AND SAFETY:
- As advertised to the public and in the interest of health & safety, stallholders DOGS are not permitted to enter the market area.
- Within market area, smoking is not permitted at any stall site.
- Stallholders are required to remove their own rubbish and waste from their immediate stall location. Boxes & cartons must be removed from market area. Failure to do so may result in an imposed levy.
- The waste bins provided at the markets are for the general public use only.
- Stallholders are responsible for leaving their site and surrounding area clean, tidy and undamaged.
STALL SET UP:
- Stallholders must provide their own covers and stall set-up which must be good in presentation.
- Management does not provide tables or chairs at markets, this is the stall holders responsibility
- All stall equipment including racks, tables, signage etc must be contained to the stall site boundaries that have been purchased. Public access ways must be clear at all times.
- All stall equipment must be erected securely and weighted or secured at all times.
- All equipment must be in good repair and be operated in a safe manner.
- It is the Stallholders responsibility to apply to the local Shire/council (Health and Environmental Services department) and obtain and pay any registration required.
- Stallholders must supply copies of registration with their local council and also the council in which they are trading, to Management.
- Food stallholders must comply with any local, state & federal health regulations and food acts.
- Stalls selling alcohol (bottle only) must supply management copies of their liquor license prior to market days.
- Failure to comply with health department standards and regulations may result in immediate closure of stall and future stalls may only be reinstated once Management are satisfied all standards and regulations have been adhered to.
- Stallholders selling take away foods or drinks are permitted to sell plain bottled water capped at $2 per bottle.
- Power outlets will be provided to stalls within the hall ON REQUEST, all material bought on site by the Stall holder must already be made and ready to sell (ie: food items CANNOT be prepared on site). Should you require power you MUST include this in your application submission
CODE OF CONDUCT AND RESPONSIBILITIES:
- Stallholders must not act in a verbally or physically abusive, dangerous, or disruptive manner and if so it will not be tolerated and will result in immediate termination.
- Stallholders must ensure that their activities do not endanger the safety or security of any people at Markets.
- Stallholders must not cause damage, make alterations or additions of any nature to, or carry out works of any nature to market site property and that, if any damage is caused, the costs of any repairs, making good or replacement are borne by the stall holder.
- Stallholders must comply with all the terms contained in these regulations and must comply with any changes to the market regulations, or any relevant local government and other statutory laws & regulations
- Stallholders must report to the Management any incident or accident to any person or property that involves loss or could be expected to give rise to a claim.
- Should any stall holder be found to use social media channels to verbally bully another stall holder or management, they will be BANNED from current and future markets.
REPRESENTATIONS OF STALLHOLDERS:
- The Manager permits the stallholder to attend the market in reliance on the following warranties and representations hereby made by the stallholder.
- The stallholder is the owner of the approved products with full power and capacity to sell absolute legal and beneficial ownership of the approved products to a third party without any encumbrance.
- The stallholder is not in reliance on any representation or statement made by the Manager that is not expressly contained in these regulations.
- The stallholder is responsible for obtaining all relevant permits and permits required to operate the stallholder’s business and that all merchandise sold complies with all relevant safety and compliance standards and retails laws currently in force;
- The stallholder does not bring into the market any hazardous materials of substances; and
- The stall holder will comply with all of the terms contained in these regulations and will comply with any changes to the market regulations, or any relevant local government and other statutory laws and regulations.
Without limiting the generality of these terms, the stall holder acknowledges and agrees the manager is not liable for any claim or loss suffered or incurred by the stall holder in relation to or in connection with:
- Theft or damage of approved products, equipment or goods under the control of the stallholder or any other property of the stallholder at any time including times when the market is not trading.
- Any failure by the stallholder to sell the approved products;
- Any journey from or to the market;
- Anything occurring off the market site, including anything that occurs at market; or
- Damage or injury to any property or person.
These limitation provisions are intended to replace any other terms, conditions, warranties and representations implied by statue or otherwise and, accordingly, all such terms are excluded unless the following applies. Certain legislation may imply warranties or conditions or impose obligations on the Manager which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. The limitation provisions are subject to these statutory provisions. In particular, if the statutory provisions apply, the Manager’s liability is not limited, in the case of any legislation that prevents any limitation the Manager’s liability or, if the legislation does permit a limitation of liability, the Manager’s liability is limited to the cost of the Manager refunding the Stall Fee.
Without limiting the generality of any other provision of these regulations, the stall holder hereby indemnifies and holds the Manager harmless from and against all claims for Loss arising in connection with or in relation to:
- The Stallholder’s occupation of the market;
- The sale or attempted sale of the approved products or any other products or services;
- Any injury or harm suffered by the stallholder;
- Any injury or harm caused to any property or suffered by any person as a direct or indirect consequence, in whole or in part, of any act or omission by the stallholder;
- Any loss of or damage to the stallholder’s property regardless of the cause of that loss or damage;
- The death of any person of a consequence, in whole or in part, of any act or omission by the stallholder;
- Any breach of these regulations by the stallholder; or
- Any legal costs on a full indemnity basis incurred by the Manager as a result of the stall holder’s breach of these regulations.
EXCLUSION OF LIABILITY:
The Stallholder acknowledges and agrees that the Manager makes no warranty or representation in relation to or in connection with the stallholder’s occupation or use of the market. Without limiting the generality of this clause, the stall holder acknowledges and agrees that the Manager has made no warranty or representation in relation to or in connection with:
- The prospects of the stallholder for selling the approved products at the market;
- The stallholder’s access to people visiting the market or the access those people have to the stallholder;
- The existence, number or quality of products that will compete with the approved products for the attention of prospective buyers;
- The existence or extent of services and/or facilities of any kind at the market;
- The position within the market that the stallholder will occupy;
- The suitability of the market for any particular purpose or the existence of any latent or patent defect at the market;
- The extent, if any, to which other visitors to the market might interfere with the stallholder’s use of the market;
- The existence or extent of any advertising or promotional activity or material that may or may not be published or undertaken by the Manager;
- The existence or extent of any security measures undertaken to protect the stallholder, the approved products and/or the market against terrorist or other criminal activity; or
- The existence or extent of any security at the market;
The Manager’s consent to the stallholder to attend the market does not convey to the stallholder any ongoing rights in relation to the market into the future and such approval can be terminated by the Manager at any time in writing and without any period of notice. The Manager reserves the right to undertake any of the following actions without notice:
- Re-locate a stallholder to another stall within the market.
- Require the stallholder to remove from sale any goods or services offered by the stallholder which are not approved products; or
- Request that the stall holder undertake any reasonable measure which in the opinion of the Manager will improve the safety of the stall or to raise the level presentation of the stall and its products.
The Manager reserves the right to withhold consent to a stall holder to occupy a stall at the market, to remove or to have removed from the market, a stall holder who is in breach or does not comply with the regulations, including where a stall holder:
- Fails to pay their stall fee in a timely manner;
- Fails to abide by the markets set up or pack up conditions;
- Fails to abide by the market’s trading hours;
- Fails to abide by the terms and conditions of the market’s rules and regulations;
- Fails to limit the products offered for sale to approved;
- Commits a criminal act at the market; or
- Behaves in a manner that breaches the market’s Code of Conduct
- Is found to use social media channels to verbally bully another stall holder or management