By applying to participate in Avalon Market Day (we/us/our) you agree to be bound by these Terms and Conditions (terms):
"Application" means the application to have a market stall at Avalon Market Day.
"We/us/our" refers to Avalon Market Day.
"You/Your" refers to You personally and Your company and (if applicable) any staff, contractors, agents or representatives that have hired a Stall at our market (stall) to display and sell goods.
"Stall" means a stall that you hold at Avalon Market Day.
"Stallholder" refers to any person and/or company who has applied for a Stall at Avalon Market Day under these Terms and has been granted a Stall and includes any staff, contractors, agents or representatives that participate in Your Stall.
"Stallholder Manual" means the manual we provide You which sets out general guidelines about Stalls, markets and other information relating to the markets including set up and delivery procedures, preparing for the market, emergency procedures and important telephone numbers.
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks (registered or unregistered), design, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity.
"Confidential Information" means information that is by its nature confidential but does not include information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under these terms and conditions.
Avalon Market Day is held on the third Sunday in November each year, between 9am to 4pm.
By participating in Avalon Market Day as a stallholder, you agree to be available for the duration of the day.
We will assess Your application based on the following criteria:
- Products / mercandise are of high quality
- Preference will be give to stallholders living in the local area (Avalon, Palm Beach & Bilgola) and in the Northern Beaches Local Government Area
- Meet appropriate safety standards (electrical or mechanical products and food products are required to have relevant licenses and approvals)
- Meet Northern Beaches Council Waste Management Guidelines (refer to below)
We reserve the right to decline any application that we deem unsuitable at our sole discretion.
If we approve your application, we will send you an acknowledgement and invoice.
Once your application has been approved, you will have 14 days to pay the invoice in full. All stall fees must be paid by credit card or direct debit only.
Failure to pay within 14 days may lead to cancellation of the approved application.
Stall fees are NOT refundable. No credits or refunds are issued in the case of bad weather.
All cancellations are subject to these terms and conditions as outlined and accepted when you submit your application.
If your application is approved, you will received a confirmation email and invoice. You will have 14 days from the date of the confirmation email. If payment is not received, it will be automatically cancelled and offered to a stallholder on the waitlist.
Stall fees are NOT refundable.
POWER & EQUIPMENT
Power is not provided at Market Day. Stallholders who plan to use their own generators must advise when making an application.
Stallholders are responsible for providing your own marquee, tables, chairs, racks etc. There is no facility to hire these items through Avalon Market Day.
CREDIT CARD & EFTPOS FACILITIES
We do not provide credit card or EFTPOS facilities for stallholders and recommend you provide these facilities yourself.
Stall spaces are rented on a one-off basis only. Having a stall at Avalon Market Day does not guarantee a space in future years.
You are not allowed to share your stall with another business. Applications are approved one business per stall.
BEHAVIOUR AT AVALON MARKET DAY
Visitors and customers at Avalon Market Day must be treated with courtesy at all times and in accordance with fair trading practice. Stallholders must not insult or intimidate anyone including other stallholders, customers, visitors or staff.
Failure to comply may result in the immediate closure of our stall and jeopardise future successful applications. You must not engage in any conduct which is disrupt or inconsistent with the purpose of Avalon Market Day.
Smoking is not permitted by stallholders at their stalls (especially food and beverage stalls).
Finally, you must remove all rubbish and material from your stall through out the day and at the close of trading.
If you do not comply with the obligations under this clause, we may:
- ask you to leave Avalon Market Day early;
- require you to pay for any damage or cleaning costs; and/or
- refuse any applications at future market days.
APPEARANCE OF YOUR STALL
You must keep your stall clean and tidy at all times in order to maintain the high standard we impose at Avalon Market Day.
RESPONSIBILITY FOR DAMAGE
You warrant that you are liable to pay for and indemnify us against:
any damage caused by you, your staff or your representatives to your allocated stall space or the Avalon village infrastructure (as applicable);
- any damage or injury caused due to a stallholder's products not complying with any laws, regulations and standards or malfunctioning or not being fit for its purpose.
You agree that you have no right to claim any compensation against us for any loss or damage that you may suffer howsoever arising from your involvement with our markets.
You warrant that all products sold in your stall (where applicable) related promotional materials:
- comply with relevant safety laws and regulations, including but not limited to, occupational health and safety laws and any guidelines, rules and regulations which are specific to the venue which may change from time to time and in any event, comply with the terms of the Stallholder's Manual;
- do not infringe any third-party rights including Intellectual Property Rights; and
- do not contain material which is abusive, defamatory, hateful, discriminatory, racist, sexist, offensive, misleading or is otherwise unlawful in any manner;
- comply with any legal requirements in relation to the sale of cosmetics, including mandatory standards for cosmetic ingredients labelling; and
- comply with any law and regulations in relation to the preparation and service of food and beverages.
Further, you are responsible for obtaining any relevant permits, certificates or other qualifications to operate your stall and sell products.
STALL SET UP & PACK DOWN
Information of set up and pack down will be provided in the Stallholder's Manual provided prior to the event.
The health and safety of all patrons, staff and stallholders is of paramount importance. Therefore, you must ensure you:
- pay constant attention to the asethetic appearance of your stall area;
- store all products, furniture, signs and equipment safely within your stall area and generally ensure that you do not have trip and fall hazards that could cause anyone to suffer an accident;
- keep all of your items and boxes out of public access ways, ensure that you stall display is well constructed and safe and otherwise contain all equipment that may result in a person tripping, slipping or falling;
- clean up any spills, breakage or otherwise immediately and call an emergency service if required or an appropriate contact we have provided you in advance;
- keep all public access ways clear;
- behave at all times in a manner that ensures that the health and safety of anyone who visits the Avalon Market Day is not compromised.
You understand and agree that it is your responsibility to take all due care and diligence to prevent injury and property damage to you or any other third party including, but not limited to, visitors to Avalon Market Day.
It is a strict requirement that all stallholders have Public Liability Insurance to the value of $10,000,000 for any one occurrence. A copy of the Certificate of Insurance is to be provided during the stallholder application process.
LIMITATION OF LIABILITY
You agree that we are not liable for any direct, indirect or consequential damage, loss or harm suffered by you, your agents or your representatives that may result from your participation in Avalon Market Day. This includes physical, psychological and economic harm.
We are not responsible for any claims, actions, demands or suits that you may face as a result of your conduct.
AVALON MARKET DAY MARKETING ACTIVITIES
In the course of marketing and promotion of Avalon Market Day, we may wish to reproduce or refer to images of you, your brand, your stall and your products. In this event, we may ask you to provide us with various materials for the promotion of your business including images of your trade marks, photographs of your good etc (content). By supplying us with the content, you grant us a non-exclusive, royalty free licence to use the content for the agreed purpose and warrant that the content does not include or infringe any third party Intellectual Property Rights.
You agree to indemnify us (and our agents, contractors and employees) against any cost, expenses, loss, damage, or harm suffered by us resulting from any claims, actions, demands or suits that may be made against us as a result of your conduct including to any third-party allegations of infringement of Intellectual Property Rights against you by any third party and public liability claims relating to your stall.
If you breach any of these terms, we reserve the right to cancel your booking for a stall, reallocate your exhibition space, require you to pay the cost of our actions and remove you from the exhibition space of the market in question.
You agree to indemnity us against any costs we incur arising from you breach. You further agree that if you breach these terms, you forfeit the right to any rebates, refunds or compensation arising from, amongst other things: cancellation of stall allocation, alternations of the position of your stall allocation, alternation of set up time or change of size of the stall allocated to you.
DISPUTE RESOLUTION PROCEDURE
We do not get directly involve with any disputes between stallholders including disputes relating to the Intellectual Property Rights of others (disputes). By participating in Avalon Market Day you agree that the details of any such disputes shall be confidential information for the duration of the market (with the exception of you seeking legal advice).
Further, you must endeavour to resolve any disputes through your own independent means with the other party, whether that be a stallholder or otherwise. To avoid any disruptions to the market, if any disputes with other stallholders arise, we ask that you deal with these matters outside market hours. In the event of any disruptions or if any stallholders become verbally abusive to others and the circumstances are not immediately rectified after notice has been given, we reserve the right to require you to pack your stall and leave the premises. We are committed to encouraging creative endeavour and original products and safeguarding Intellectual Property Rights. Should a dispute arise relating to products sold at our stalls (or related marketing material), while we will not adjudicate in relation to that dispute, we reserve the right to request that a stallholder remove the products or items for sale which are in dispute from display and not trade with the products for the remainder of the market trading hours.
a) In these terms:
- Headings are for convenience only and do not affect interpretation;
- Defined terms have the meaning ascribed to them;
- A word denoting the singular number includes the plural number and vice versa.
b) Relationship of the parties
Avalon Market Day and stallholders are independent contracting parties, and noting in the these terms will make either party the employee, partner, agent or legal representative of the other for any purpose whatsoever. Nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other.
The rights and obligations arising under these Terms are personal to the stallholder. The stallholder must not assign, license, sub-license or transfer all or any part of the stallholder rights and obligations under these terms without the prior written consent of Avalon Market Day.
d) No Implied Waiver
The failure of Avalon Market Day to require performance of you of any obligations arising under these terms will in no way affect the right of Avalon Market Day to require such performance at any later time. If Avalon Market Day waives a breach by you of any obligation arising under there terms, such waiver will not constitute a waiver of any later breach of the same or any other obligation under these terms.
If any provision of these terms is or becomes invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, the invalid provision will be severed from these terms and the remaining terms will remain in full force and effect.
f) Entire agreement
These terms and the Stallholder's Manual constitute the entire agreement between the parties with respect to its subject matter and supersedes all prior oral and written representations and agreements and the parties expressly agree that neither has relied on pre-contractual conduct or representations of the other party in entering into these Terms.
No alternation, modification, change or variation of any of these terms will be binding upon either party unless in writing and signed by a duly authorised representative of each party.
h) The parties agree that these terms are governed by the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of that State.
As of 31 July 2018
If you have any further questions or feedback, contact us at any time.