These Regulations apply to all Stall Holders trading at any market or event held by Hunt&Gather Events.
Stall Holders warrant that they have read and agree to these terms and expressly warrant and acknowledge that Hunt&Gather Events may alter or amend these Regulations at any time with reasonable notice.
In these Regulations:
Application means any request, written or oral, submitted to Hunt & Gather by a proposed Stall Holder for consent to trade at Hunt & Gather Events.
Approved Products means any Goods and Services that Hunt & Gather has expressly approved for sale and/or consumption at the Market and as described in any Application from a proposed Stall Holder.
Any approval is at the sole discretion of Hunt & Gather and any such approval may be revoked at any time, without notice, by Hunt & Gather.
Code of Conduct means the Code of Conduct included on the Website.
Hunt & Gather Events means Hunt & Gather Events (A.B.N. 34615382860) and its employees and officers.
Hunt & Gather has approval to operate and regulate the Market absolutely.
Market means the specific Market/(s) nominated by a Stall Holder in the Application and subsequently indicated by Hunt & Gather when approving an Application. A reference to a Market includes an area which is designated for the purpose of conducting Trading Activity or any other area in Australia which Hunt & Gather has the lease or license to control, operate and regulate as a market or a place where Trading Activity may be undertaken. The Market includes any roadways, car parking areas and areas of access to the Market.
Marquee, Tent or Umbrella means any covered structure that is erected within the boundaries of a Stall or otherwise occupied by a Stall Holder at the Market.
Regulations means the terms and conditions included in this document and the Stall Holder Information.
Hunt & Gather may alter any term of these Regulations or include additional terms at any time, by posting a notice that there is a change to the Regulations on the Website. Any further use of the website, or correspondence sent from the Hunt & Gather to the Stall Holder with respect to the amended Regulations, after the date of such notice is deemed acceptance of the new Regulations.
Market Manager means the person/persons appointed by the Hunt & Gather to manage the Market.
Stall means an area within the Market that is allocated to a Stall Holder by Hunt & Gather for the purposes of Trading Activity. The allocated area will be clearly identified by a perimeter of either a Marquee, Tent or Umbrella. Any alternative area is subject to approval by Hunt & Gather.
Stallholder means an individual, individuals or a legal entity including their employees, staff and representatives that have been granted consent by Hunt & Gather to carry out Trading Activity at the Market.
Stallholder Information means the site specific information that is detailed on the 'Stall Holder Information' sent with the Application form.
Stall Fee means the amount charged by Hunt & Gather as consideration for the opportunity to undertake Trading Activity at the Market. The Stall Fees are detailed in 'Stall Holder information'.
Trade at the Market means occupy a stall and undertake Trading Activity.
Trading Activity means any activity where goods or services are offered for sale and/or consumption, including any activity undertaken with the aim of promoting or increasing awareness of the Stall Holder or the Stall Holder’s products and/or services.
Website means the internet address that is controlled by Hunt & Gather and which pertains to each specific market Hunt & Gather has the license or permission to control, operate and regulate.
SALE OF GOODS AND SERVICES
Only Goods that have been expressly approved by Hunt & Gather are to be offered for sale/consumption. All approved Goods must comply with applicable legislation and/or local government rules and it is the Stall Holder’s responsibility to ensure such compliance.
In the event that unapproved or illegal or offensive Goods are sold, Hunt & Gather may terminate the Stall Holder’s agreement and remove them from the Market.
Goods approval is obtained by way of application to Hunt & Gather. Any application may be refused by Hunt & Gather without further notice.
Stall Holders warrant that all equipment and Goods brought to the Market are of acceptable quality and comply with all Work Place Health & Safety Regulations and procedures and, any and all legislation with respect to public safety. It is the Stall Holders duty to ensure that all equipment and Goods adhere to the above safety standards.
Hunt & Gather have taken out public liability insurance in the sum of $20,000,000.00. A copy of the terms of the Insurance Policy is available upon written request to Hunt & Gather.
All Stall Holders who sell any of the products listed below must, in addition to Hunt & Gather public liability insurance, also have in place, a public and product liability insurance for a minimum sum of $20,000,000.00:
Second hand electrical goods & toys
Cosmetics & beauty products
Medicines, Potions, Oils, Fragrances & Soaps
Massage, manipulation of muscle, chiropractic or similar
In the event that a Stall Holder requires power, they must make a request in writing by email, stating their power consumption in watts and the equipment that they wish to run power to.
All electrical equipment must be tagged in compliance with relevant workplace laws and regulations. Power cords must be provided by the stallholder.
Any generator brought to the Market must be silent, and the Stall Holders must inform Hunt & Gather of their intent to supply their own power.
FOOD & BEVERAGE
In the event that food authorities conduct a food inspection at the Markets, each food vendor will be required to pay an inspection fee if their food stall is inspected.
Please check with Hunt & Gather for a guide to inspection fees if required.
The Stall Holder cannot assign, transfer or attribute its right to a Stall Space to any third party.
The Stall Holder agrees and acknowledges that any allocated Stall Space is allocated at the sole and absolute discretion of Hunt & Gather.
In the event that a Stall Holder requires additional space, the Stall Holder must apply to Hunt & Gather for approval. Upon approval, Hunt & Gather may, at its absolute discretion, charge additional fees.
SET UP & PACK UP
To ensure compliance with Work Place Health & Safety Regulations, Stall Holders shall only set up and pack up during the hours as detailed in the 'Stall Holder Information'. Failure to comply with these time frames may result in termination by Hunt & Gather, without further notice.
Stall Holders may NOT drive their cars into the venue to set-up or pack-up or at any other time, unless they are a Food & Beverage stall and it has been confirmed with the Hunt & Gather prior to event day.
Any and all advertising that is erected or displayed, or distributed, within the Market must be pre-approved by Hunt & Gather.
Absolutely no refunds, including in the event of bad weather. All rates and charges are detailed in the 'Stall Holder Information’ on the website www.huntandgatherevents.com
Trading Activity is permitted during the Trading Hours as detailed in the 'Stall Holder Information'.
All stalls must be set up and ready to trade at the commencement of the Trading Hours and it is the responsibility of the Stall Holder to continue trading for the duration of the Market's Trading Hours. Stall Holders must cease trading and commence packing at the end of the Trading Hours and must ensure they are off site in accordance with the hours of Set Up and Pack Up.
Stall Holders shall be entitled to a Stall Space only until the Commencement of Trading Hours. Stall Holders who have not occupied their Stall Space by the start of trading hours forfeit their stall booking and will not be entitled to any credit or refund of stall fees.
Stall Holders must comply with local traffic rules and regulations on public roads and in areas in the immediate vicinity of the Market and must not park illegally, double park in traffic lanes, park in driveways, queue across traffic intersections, undertake illegal U turns or traffic manoeuvres, or otherwise hinder traffic in the streets surrounding the Market during set up or pack times.
Stall Holders must comply with any and all directions given by Hunt & Gather.
Stall Holders may NOT drive their cars into the venue at any time, unless they are a Food & Beverage stall and it has been confirmed with Hunt & Gather.
Stall Holders are NOT to park their cars in/on the venue at any time.
As rubbish bins are limited, Stall Holders must provide their own rubbish bins. Stall Holders must also ensure that all waste and rubbish, including packaging materials, are removed from the Stall Space when leaving the Market.
In the event that a Stall Space is not cleaned and cleared of rubbish and Hunt & Gather incur costs cleaning the Stall Space, the Space Holder will be liable for all and any costs incurred.
Failure to comply with this regulation may result in termination by Hunt & Gather, without further Notice.
In the event that a market is cancelled by market management (due to external factors such as extreme unsafe weather), all confirmed stallholders will be contacted by 6:30am on the morning of the event. No refunds or credits are provided.
Hunt&Gather management reserve the right to change venue or postpone the market as an alternative option to cancelling the market. No refunds or credits are provided.
It is the responsibility of the Stall Holder to bring their own covers and other equipment for the purpose of protection in adverse weather conditions.
If the Market proceeds in the case of inclement or adverse weather conditions, it is solely at the Stall Holder’s discretion as to whether they will set up, commence, continue trading, cease trading, or pack up on the day. The Stall Holder must advise Hunt & Gather of their intention to cease trading and pack up.
Hunt & Gather will not be responsible for any loss, damage or injury whatsoever resulting from adverse weather conditions or any decisions it makes in relation to the continuation of trade during adverse weather conditions.
HUNT & GATHER EXCLUSION OF LIABILITY
The Stall Holder acknowledges that Hunt & Gather has made no representation or warranty with respect to:
Return on sales or success
Client and consumer exposure
Other Stall Holders or competition at the Markets
The Stall Holders Stall Space and location
The extent, if any, to which other visitors to the Market might interfere with the Stall Holder’s use of the Market
The existence of any and all security measures and deterrents at the Market
Any promotional or advertising activity by Hunt & Gather.
Any and all approval and consent given by Hunt & Gather to Stall Holders does not convey on-going rights with respect to the Market. Stall Holders acknowledge and agree that Hunt & Gather may terminate any consent or approval at any time.
Stall Holders further acknowledge and agree that Hunt & Gather may, at any time:
Relocate a Stall Holder
Instruct a Stall Holder to cease any activity, including selling certain products
Instruct a Stall Holder to take any action in order to ensure public and customer safety
RIGHT OF TERMINATION
Hunt & Gather may exercise it’s discretion to terminate any agreement, or withhold any approval or consent, with Stall Holders at any time. Hunt & Gather may also remove a Stall Holder, at any time, from the Market if a Stall Holder commits any of the following:
Failure to pay fees when due
Breaches any of the above conditions, including, but not limited to, Set up and Pack Up, Waster Management, Advertising and Approved Goods
Commits a criminal act at the Market
Acts in manner which is deemed offensive by Hunt & Gather
The Stall Holder hereby indemnifies Hunt & Gather from the following:
Any and all claims for loss
Any injury or harm suffered by the Stall Holder or members of the public
Any and all sales or attempted sales
Any third party injuries attributed to the Stall Holder, including death to a person
Hunt & Gather legal costs on a full indemnity basis incurred as a result of a breach from the Stall Holder
STALLHOLDER'S OBLIGATIONS & RESPONSIBILITIES
The Stall Holder warrants and agrees that at all times at the Market the Stall Holder will:
Act in a professional manner and follow any and all reasonable directions given by Hunt & Gather with respect to any and all activities associated with the Market
Ensure that the Stall Space is maintained throughout the Trading Period including ensuring that any stock is kept in a safe and secure manner
Ensure all Market activities are done safely and in accordance with any and all applicable statutory regulations and/or Local Government rules
Ensure that the Stall Space is left in the same condition as it was prior to set up;
Keep the Market free of any rubbish and waste at all times;
Only in engage in lawful conduct/behaviour
Immediately report any incident/accident to Hunt & Gather including any damage or defect to property
Only use the Stall Space for Hunt & Gather approved activities
Ensure that all Goods are of safe and acceptable standard
Ensure the safety of all employees and members of the general public
Vacate the premises immediately if directed by Hunt & Gather
STALLHOLDER WARRANTITIES & REPRESENTATIONS
The Stall Holder agrees and acknowledges that, by applying for a Stall Space, the Stall Holder makes the following warranties and representations:
The Stall Holder has read these Regulations and agrees to be bound by their terms and conditions
The Stall Holder has full legal ownership of the Goods they offer for sale
The Stall Holder holds the necessary licenses, permits, qualifications, practicing certificates and training applicable to the Goods they offer for Sale
The Stall Holder has not relied on any representation or statement by Hunt & Gather that is not contained in these Regulations
The Stall Holder will not bring any illegal or hazardous substances or materials into the Market
That all Goods and additional products brought into the Market are done so at the Stall Holders own risk and the Stall Holder indemnifies Hunt & Gather from any claim or loss suffered as a result of theft or damage.