TERMS AND CONDITIONS
By applying to occupy a Stall Space, you agree to be bound by these Terms and Conditions. Hide & Seek Children’s Market can terminate this agreement; alter any rule or Term, from time to time, by notifying stallholders in writing. Such changes will be effective of the date referred to on the letter. The following Terms and Conditions apply:
Once an Application is submitted, the Stallholder agrees to adhere to the Terms and Conditions in this contract.
Market Management will subsequently review the application form and advise the Stallholder in writing within 14 days as to whether their application has been successful or not.
In order to offer an array of mediums of product on sale so that our Market appeals to a diverse range of customers, a limited number of Stalls in each product category are selected for the market by Market Management. Market Management reserves the right to reject Applications and to not enter into correspondence or otherwise further explain the reasons for its decisions.
Stallholders are required to attend their Stall and no refunds/credits will be paid for failing to attend. Stall Fees are payable by direct deposit and approved Stallholders will receive confirmation via e- mail along with a request for payment of Stall Fee. A successful applicant that has been notified will have 7 days to make payment of Stall Fees, or otherwise withdraw your Application. Failure to pay within this time frame may lead to cancellation of the approved Application and/or affect your ability to hold a stall at any of our future Markets. If the Market date falls within 7 days of your Application, full payment is required at the time of approval.
If a Stallholder must cancel their confirmed Stall, they must do so by contacting Market Management as soon as possible. Refunds/credits will be issued at the sole discretion of Market Management. For cancellations within 2 weeks of the Market date, the full fee will be applied.
In the case of bad weather, 50% of your Stall Fee is non-refundable, while the remainder 50% will be transferred to a rescheduled Market date where the balance will then be payable.
It is imperative that you keep your Stall Space clean and tidy at all times. Hide & Seek Children’s Market imposes a high standard of Stall quality.
The Stallholder does not convey any right to any particular location for a Stall. Stallholders must locate their Stalls as directed by Market Management who is authorised to determine and change the layout for Stalls from time to time. However, we do note that Stallholders may request special consideration from Market Management when allocating spaces due to some practical and technical factors. Please contact us for further discussion.
The Stallholder must ensure that all Trading Activity is undertaken within the boundaries of the Stall. Stall Spaces are rented on a one-off basis only. The act of renting a Stall does not create any form of tenancy or secure a right or licence to reserve a Stall at our markets in the future. This means that if you are successful in obtaining a Stall Space in your Application in this instance, you are not guaranteed a Stall Space at any future Markets.
Market Management has taken out a Public Liability Insurance policy of $10,000,000 for the Market event. This Public Liability Insurance also covers Stallholders who have been approved by Market Management. Stallholder’s who are bound by their own Public Liability Insurance must ensure this cover specifically includes market trade and must be able to produce a valid certificate if requested. This does not include Product Liability Insurance. We recommend that you obtain product insurance in order to cover for all risks in relation to product liability.
Market Day Procedure
The details of the Market Day Procedure are outlined in an e-mail along with the details of the Stallholder’s allocation. This will occur 7 days prior to Market day, only after payment of the stall fee has been received. Stallholders must abide by the instructions of the Market Management in relation to parking and traffic control during access and egress. In the interests of Occupational Health & Safety, Stallholders must strictly comply with specific times in relation to the set up and pack up of the Market. Setting up and packing up a stall outside of the designated times may be hazardous to other persons and, as such, a failure to observe and comply with the time restrictions for set up and pack up is considered to be a major breach of the Stallholder’s obligations and Market Management reserves the right to refuse the offending Stallholder permission to occupy a Stall at the Market on the day of the infringement and on any future Market day. It is imperative that Stallholders consult only with Hide & Seek Children’s Market Management regarding any access and egress procedures.
Throughout the Market, Stallholder’s must act harmoniously with all patrons and other Stallholders. Those who do not may be asked to leave.
It is the Stallholder’s responsibility to ensure that all of the Equipment brought to the Market by the Stallholder has been erected securely, is operated in a safe manner and has been ballasted for safety prior to the commencement of trade. All Equipment including trestle tables, chairs, umbrellas, signage and displays must be provided by the Stallholder. Public access ways must be kept clear at all times and Stallholders must co-operate with Market Management in ensuring that an appropriate corridor is maintained along the pedestrian pathways. We reserve the right to direct a Stallholder to remove materials or otherwise be refused to trade at the Market. You agree to be solely responsible for any theft or damage to any furniture or other items that occupy your Stall Space.
Hide & Seek Children’s Market will only allow Food Vendors to trade if their food is produced in a council registered food premise and have the relevant Gold Coast City Council mobile food licence. A copy of this permit must be provided on application and must have a valid expiration date on the Market Day. Food Vendors are required to produce a copy of their mobile Food Vendor’s insurance if required.
As part of our Market promotion and marketing, we may wish to reproduce or refer to images of you, your brand, your stall or your products. We may ask you to provide us with various materials for the purpose of promoting your business and your inclusion as a Stallholder.
We may request use of your photographs, your images, your own promotional material and/or your trademarks.
Power & Electrical Equipment Requirements
Power is not available for Stallholder use. Food vendor’s using generators must ensure that all equipment used is in compliance with relevant workplace laws.
Smoking and alcohol consumption is strictly prohibited on the premises and for the duration of the Market. Stallholders must not smoke on the grounds of the Market which is known as Miami State High School. Pets are not permitted. Hawkers and unsolicited advertising is prohibited at all times.
The health and safety of all patrons, Stallholders and Market Management is of utmost importance. 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 third party including (but not limited to) visitors to Hide & Seek Children’s Market. Therefore, you must ensure that you thoroughly inspect your stall prior to the commencement of Market Trading Hours and continue to review the safety of your stall throughout the duration of the Market. Your stall space must be free of slip, trip and fall hazards and have a clear walkway around your stall space. Any spills or breakages must be cleaned immediately. Behave at all times in a manner that ensures that the health and safety of anyone who visits the Market is not compromised.
Trading Activity is permitted during the Trading Hours of 9am – 1pm on Market Day.
All stalls must be set up and ready to trade half hour prior to commencement of the Trading Hours. It is the responsibility of the Stallholder to continue trading for the full duration of the market’s Trading Hours.
Stallholders must cease trading and commence their packing up procedure at the end of the Trading Hours and must ensure they are off site in accordance with the hours of setting up and packing up procedure that is outlined in the Market Day Procedures which will be distributed to all approved Stallholders.
Stallholders are required to remove all garbage, waste, litter and other rubbish that the Stallholder has either brought into the Market or obtained at the Market. The garbage bins provided at the Market are for the purpose of the disposal of litter by the general public and are not available for the disposal of Stallholder’s waste or packaging materials. Upon completing the packing up procedure, the Stallholder is required to clean their site and ensure that it is clear of discarded rubbish and waste materials. Any Stallholder found to be utilising the Market rubbish bins for the removal of the Stallholder’s waste or packaging material shall be requested to discontinue such activity and may incur a waste fee.
The Stallholder indemnifies and holds Market Management harmless from and against all claims for loss arising in connection with or in relation to:
- 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 Terms and Conditions by the Stallholder; or
- any journey from or to the Market; or damage or injury to any property or person.
- Market Management’s legal costs on a full indemnity basis incurred as a result of the Stallholder's breach of these Terms and Conditions.
Manager’s Exclusion of Liability
The Stallholder agrees to indemnify Market Management 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 but not limited to any third party allegations of infringement of Intellectual Property Rights against you by any third party and public liability claims relating to you and your Stall.
Manager’s Right of Termination
Market Management reserves the right to withhold consent to a Stallholder to trade at the Market, to remove or to have removed from the Market, a Stallholder who is in breach or does not comply with the Terms and Conditions. If you breach any of these Terms, we reserve the right to cancel or relocate your Stall Space. You agree to indemnify us against any costs we incur arising from your breach.
Be assured that any personal or business information obtained by Market Management is used only to support Trading Activity and will in no way be shared with third parties or without your exclusive permission. Please do not ask for information regarding information which is not your own as these details will not be released.
Application: Any document, form or written correspondence that has been submitted by a Stallholder when applying to Market Management for consent to trade at the Market.
Approved Products: The products and the goods in which the Stallholder has for sale at the Market with the consent from Market Management. Such goods must be described accurately in the Application.
Intellectual Property Rights: All present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks (registered or unregistered), designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity.
Market: A reference to a Market includes an area which is designated for the purpose of conducting Trading Activity where the Market Management has the lease or licence to control, operate and regulate as a Market.
Market Day Procedure: A document distributed to approved Stallholders outlining access and egress procedure for Market day and any additional information or instructions required for Stallholders prior to Trade.
Market Management: Refers to Hide & Seek Children’s Market (ABN 85850273515)
Market Management has permission to control, operate and regulate the Market which includes the authority to grant or withhold consent to any person/s or legal entity to attend, occupy or undertake Trading Activity at a Stall at the Market. Market Management are also appointed to Manage the Market on Market day.
Stall/Stall Space: The area that is designated by Market Management within the Market for the purposes of Trading Activity, by a Stallholder. This area will usually be indicated as that Space defined by a perimeter.
Stall Equipment: Refers to any structures that are erected, utilised and occupied within the boundaries of the Stall by Stallholders including (but not limited to) racks, chairs, tables and signage.
Stall Fee: Refers to the amount charged by Market Management and is payable by the Stallholder in order to undertake Trading Activity at the Market.
Stallholder: Refers to you, the person, persons or representatives whom has applied for a Stall, have been granted consent by Market Management to occupy a Stall Space and undertake Trading Activity at the Market.
Terms/Terms and Conditions: Means the Terms and Conditions that are detailed in this document, on www.hideandseekmarket.com.au and are available to any applicant by request.
Trading Activity: Means activity where goods are offered for sale, sold or promoted; or activity undertaken with the aim of promoting or increasing awareness of the Stallholder or the Stallholder’s products and/or services.
Relationship of the parties
Hide & Seek Children’s Market and Stallholders are independent contracting parties, and nothing in 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.