Village Markets – Terms, Conditions & Vendor Agreement

The generic term ‘Stallholder(s)’ used in this document refers with equal emphasis to any stallholder, trader, owner, staff or participant in the markets.

Village Markets Terms & Conditions, together with our application form has set in this document it’s standard terms and conditions of business which apply to all arrangements with stallholders and constitute the ‘Vendor Agreement’.

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/attending our markets, you confirm you have considered Workplace Health & Safety so far as it relates to the use of safe work practices including the use of electricity at the markets and you agree to the conditions of these terms and acknowledge the Market Operator’s right to do so.

  1. 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.
  2. 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

  1. We are seeking high-quality stallholders ~ applications can be found here
  2. All applicants are notified as successful or unsuccessful or placed on a waiting list.
  3. Stallholders must give strictly two weeks notice for any changes from the market date/time. Last minute gaps effects the entire market community as well as our market identity.
  4. It is recommended that stallholders pay their invoice asap to secure their position.
  5. If payment isn’t made by the deadline then we will go to the next stall on the reserve list.
  6. Stallholders to have their stalls ready and looking neat at least 15 minutes before the markets’ open and not pack up before the markets’ closing times. Leaving early may affect future bookings.
  7. 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.
  8. Vehicles must not enter the grounds until approved by the market operator and all pedestrians have vacated the grounds. Vehicles must not travel any faster than 5km an hour on the market site. Vendor’s must drive with hazard lights on, windows down and no music playing. Please be mindful of last minute customers, children & pets on the grounds during pack up time.
  9. Particular care, courtesy and consideration are expected of each stallholder while setting up and packing down. We foster a welcoming environment and happy vibes from start to finish.
  10. 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)
  11. Stallholders’ consent for us to use their email or mobile is granted.
  12. Stallholders are expected to inform the market operator of any change to their contact details.
  13. Body piercing or acupuncture cannot be provided at Village Markets.
  14. Stallholders selling food must comply with all relevant food regulations, codes and standards and any local council codes. Glenorie / Dural Hills Shire – East Lindfield – Ku-ring-gai Council

Licensing/regulations

  1. Vendors are to consider and adopt policies to minimise or avoid risk to themselves, their employees , other vendors and the public at Village Markets.
  2. Vendor’s selling food must comply with the NSW Food Authority Guidelines, The national code for Food Vending Vehicles, and Temporary Food Premises and the requirements of the 2003 Food Act, Food Registration 2001 and should meet the requirements of the applicable council they are trading in. All Food vendors must meet the Food Regulations 2004, Food Standards Code and any local council codes. It is vendor responsibility to check and register with NSW Food Authority (foodnotify.nsw.gov.au) and bring their notification numbers with them to the markets.
  3. There is to be no washing up of equipment once service is complete. Only handwashing is permitted.
  4. 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 verbally or with signage to this claim. Stallholders claiming to have organic produce agree to random annual inspections involving selecting 5 products and requesting purchase documentation to verify label claims.
  5. 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.
  6. Operating Vendor’s businesses must adhere to all applicable NSW laws, including Trade licenses, Insurances and Permits. Village Markets are not responsible or accountable for the rejection by any required food permit or temporary Food Permit after booking has been confirmed or on site after an inspection by relevant Food Control authorities as a result of the failure by the food vendor to comply with food control Regulations.
  7. Stallholders must comply with the instructions of the market operator’s agent on site (inter alia) as to the location they are to occupy.
  8. No counterfeit goods or illegal substances may be sold at Village Markets.
  9. Vendors can only sell the range of goods agreed by Village Markets and must not take on other trader’s goods for sale without prior approval for each market as this may conflict with another vendor’s goods.
  10. For hot food products, stallholders must have pre-approval before the use of gas or electricity. Vendors 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 & appropriate fire extinguisher must be carried and easily accessible & 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.
  11. Electrical equipment must be tested to Australian Safety Standard AS3760. There is no guarantee of the availability of electricity or continuation of supply.
  12. Applicable stalls must be equipped with a fire blanket and applicable fire extinguisher.
  13. 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.
  14. 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.
  15. All Vendors are to be adequately secured against wind and wet weather. Weights are mandatory for every market and all vendor objects must be secured at all times, no exceptions.
  16. Village Markets takes no responsibility for any damage or injury for those that may require assistance with marquees & weights.
  17. All care must be taken when dismantling the marquee in severe weather, particularly high wind. If there is lighting, do not touch your tents, poles or umbrellas.
  18. Vendors should consider wearing sunscreen and a hat. Enclosed shoes are mandatory.
  19. Markets are all weather venues. Inclement weather is NO excuse for non attendance. Village Markets go ahead rain, hail or shine, no refunds will be paid or transfer of funds to other markets.
  20. Stallholders must bring all their own tables, table covers, chairs, 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.
  21. If electrical equipment is permitted (under a pre-arrangement with market managers) it must comply with the Australian Safety Standards AS3760. 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. Village Markets will endeavour 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.
  22. Vendors are to ensure any leads and generators are placed in such a manner so as not to create a trip hazard or to present a hazard to the vendors or public through exhaust or heat.
  23. 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.
  24. No wild animals, birds, reptiles or livestock may be brought into the market areas without the market operator’s consent.
  25. Under no conditions are stallholders to leave their personal / business waste in our bins. Your waste must be taken home with you. Stallholders that put their waste in our bins may receive a $100 fee.
  26. 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.
  27. A certificate for at least $10m of public liability insurance must be sent to us on application & renewal and be carried with you at all markets attended. In the case of food-sellers, relevant product liability insurance must also be carried.
  28. All relevant certificates including but not limited to Food Supervisor, RSA, Liqour license, Public and product liability will need to be supplied and updated. Village 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.
  29. Village Markets offers one off coverage for uninsured stallholders at a cost; and are happy to cover you upon request for an additional fee however this is offer is determined on application.
  30.  Upon closing, all stallholders, are responsible for: (1) Removing all their own waste from the market area, cleaning up and making good any area they use for trading, including its vicinity, at their own cost, and (2) All stallholders may be asked to stay longer while pedestrians / late comers are still on site. For those who wish to vacate the site by the specified times, please walk your belongings out or wait till it’s safe and approved to enter.
  31. Stallholders can only sell the range of goods agreed to by the market operator 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.
  32. In consideration for the market operator promoting, managing, establishing and maintaining the Village Markets, Stallholders undertake that by their deeds and actions they will protect the goodwill of Village Markets.
  33. Permanent Stallholders rights including rent are non-transferable. If a Stallholder wants to sell the business, they should discuss the situation with the Market Operator beforehand.
  34. 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, stolen, 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.
  35. By completing this agreement, completing our application and attending our market, 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.
  36. If holding of the market is prevented, delayed or abandoned by lockouts, strikes, riots, trade disputes, acts of restraint of foreign or domestic governments, pandemic or other causes not within our control then Village Markets may terminate the agreement and it is agreed Village Markets or it’s Managers are not held responsible for any loss of trade or profit.
  37. 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.

Disclaimer: Village Markets, Manager’s and staff are not liable or responsible for the following:

  1. The action of Food vendors that may cause sickness or injuries as a result of food vendor actions, errors or omissions.
  2. Any accidents or injuries to any vendor or customer from products they buy, touch, trial, or interact with whilst at Village Markets.
  3. For the sales or lack of sales by the vendor

Termination

Village Markets reserves the right to terminate a vendor’s participation at any time, before, during or after the market day.

Cancellation of bookings affects the whole market community and while emergencies do occur, repeat cancellations may jeopardise your future position. Should the application be terminated because of default in payment of fees, the vendor will not be entitled to any form of compensation whatsoever.

Intellectual Property Rights

The vendor retains all intellectual property rights of the vendor but will grant Village Markets a non-exclusive license to use the intellectual property rights for the purpose of promoting their business.

The vendor is prohibited from using any of the intellectual property rights of Village Markets without the written consent of Village Markets.

Confidentiality

Both Parties must treat the confidential information of the other party confidential. Neither party should use or attempt to disclose to any third party for any reason the confidential information of the other party without written permission of that party.

Privacy

All personal information of the vendor and it’s staff, officers, contractors and agents, will be handled in accordance with applicable privacy laws.

Vendor’s consent to Village Markets using their contact details (phone number and email) and to use their photographs supplied by the vendor and/or their social media images or images taken on market day.

Village Markets