1.0 General Terms & Conditions of Entry

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1 These Terms and Conditions regulate the business relationship between you ( Customer, you ) and BMP ( BMP, we, us, our ). When you book and pay for a stall from us, you agree to be bound by the Trading Terms ( Trading Terms ) the General Terms & Conditions of Entry and the Market Rules. We are: Brisbane MarketPlace Pty Ltd Our address is: 385 Sherwood Road Rocklea, Qld 4106 ABN: General Terms & Conditions of Entry 1.01 Brisbane MarketPlace Pty Ltd ("BMP") conducts a trash and treasure market, fresh produce market and other market related activities ( the Markets ) from time to time on Saturdays, Sundays and Wednesdays under licence from Brisbane Markets Limited ("BML") and on Sundays Eagle Farm Markets ( EFM ) at Brisbane Racing Club ( BRC ) The land upon which the Markets are operated is the private property of BML and the BRC All persons entering upon this land and the Markets agree to comply with the Terms and Conditions of Entry as set out below If persons wishing to enter upon this land and the Markets are not willing to comply with these conditions they should then leave this land and the Markets immediately All persons entering upon this land and the Markets must exercise caution and take an appropriate level of care for their own safety, the safety of any minors or persons in their care, and the safety of others BML or BRC, as owner and licensor of this land, and BMP as the licensee reserve the right to refuse admission to any person, or to require any person already on the land or within the Markets to leave the land and the Markets, for any reason and at any time In order for BML, BRC and BMP to maintain a safe, quality-driven operating environment for persons visiting the Markets or carrying on business activities within the Markets, no person entering upon this land and the Markets shall behave in an offensive or generally anti-social manner and in particular: You Must Not: (unless otherwise authorised) You Must: 1

2 enter the Markets except during the times and dates displayed on the entrance signage specifying the trading hours of the Markets; ride bikes, skateboards, roller blades or scooters; permit animals to enter upon the land and the Markets (excluding guide dogs or other animals as agreed by management); distribute hand bills or other advertising materials; solicit unauthorised products or business; obey an instruction of an authorised officer of BML, BRC or an agent or employee of BMP; enter upon this land and the Markets at your own risk; take full responsibility for any minors or persons in your care that may be accompanying you; inform management of any incidents or accidents at the site office or via the Market Hotline number attempt to sell any product or service unless otherwise authorised by BML, BRC or BMP; attempt to sell counterfeit goods, illegal, prohibited or unauthorised goods including goods bearing trademarks which the Stallholder does not have a licence to sell; photograph or film this land and the Markets; smoke at the Markets, except in designated smoking areas All persons entering upon this land and the Markets release and indemnify BML, BRC and BMP and its authorised officers, employees and agents against any losses, claims or actions brought or caused as a result of that person's actions, neglect or omissions which are in breach of these General Terms and Conditions of Entry or which may cause death or injury to any other person or loss or damage to their property whilst on the land and within the Markets. 2.0 Market Rules & Regulations These Rules & Regulations apply to all Stallholders who are approved to trade at any Brisbane MarketPlace site. Compliance with these Rules & Regulations is a condition of such approval. The Stallholder acknowledges and accepts in submitting an Application or making a booking that BMP may alter any rules or terms of the Regulations or Stallholder Information, or make additional rules and terms, from time to time, by posting a notice that there is a change to the Regulations on the Website. Stallholder Applications & Allocation of Space 2.01 Brisbane MarketPlace stalls are allocated to stallholders on a casual or permanent basis. All permanent stall enquires require a written application and then subsequently go through an approval process. No Stallholder trading at any BMP market site has ownership or security of tenure of a particular location on site in the market and the Stallholder Trading Terms does not form a binding lease or right of occupancy Stallholders must locate their stalls as directed by BMP or the Site Manager who is authorized to determine and change the layout for stalls from time to time. The market is subject to redevelopment at any time and the present format may be reviewed. 2

3 2.03 In promoting support for the Market days, and compliance with the terms of this Agreement, BMP reserves its discretion in being able to refuse entry to any person seeking to operate a stall within the Markets, without giving any reason for the decision made BMP reserves the right to reject an application to sell or supply goods and services at BMP or EFM, and will not enter into correspondence or otherwise explain any reason/s for the decision All Permanent Stallholders trading at Eagle Farm Markets must have product and Public Liability Insurance of at least $10 million and a copy of the certificate of currency of this insurance must be provided to Market Management as requested from time to time. Whilst Public Liability Insurance is not mandatory at the Rocklea site we do recommend that all stallholders have this. Stallholder Products 2.06 In order to ensure variety, a high standard of goods and a limited number of stalls in each product category at the Market, 2.07 Stallholders are not permitted to sell offensive, illegal, prohibited, counterfeit or unauthorized goods including goods bearing trademarks for which the Stallholder does not have a license to sell If a Permanent Stallholder wishes to change or add to the current products or services they have for sale they must submit a list of the goods sold or serviced provided, or any changes in the goods sold or serviced provided in writing to the Market Manager prior to any Market days booked by the Stallholder. The Market Manager may cancel a Stallholder s approval to occupy a stall at the Markets if the merchandise offered for sale is subsequently different from the approved product or is of poor quality Brisbane MarketPlace has an expectation that Stallholders provide market customers excellent product quality and choice. Stallholders that use the market for selling substandard quality products will be addressed directly which may lead to termination from all Brisbane MarketPlace market sites. 3

4 2.010 Brisbane MarketPlace promotes safe food handling and hygiene and regularly invites Brisbane City Council to audit stalls food standards. All food stock must be kept in an environment that promotes safe food handling techniques. If food of any description is sold by a Stallholder, the Stallholder is required to comply with relevant local government and other statutory laws and regulations and provide all relevant permits and licenses to Brisbane MarketPlace upon application of stall tender. If you wish for more information regarding Food permits and licenses visit index.htm#food All Plant Stallholders must have an approved risk management plan (ARMP) refer to section 55 of Plant Protection Regulation All Stallholders selling potted plants complying must also comply with fire ant movement controls. If you wish for more information regarding fire ant movement controls please visit Pet Stallholders must have the relevant licenses/permits to sell pets or marine life at the markets and have this paperwork available at all times whilst operating at any BMP market site Trading Times All Stallholders must comply with the trading times and regulations surrounding Market setup and pack down as outlined below. Stallholders must ensure they enter the site for unloading with ample time to set up their stall so to ensure they are operational for the Customer Entry Time period. Stallholders must vacate the site on completion of trading within the designated time period. Customer Trading Periods: Eagle Farm Sunday 7:00am 12.30pm (subject to change during winter) Rocklea Wednesday 3:00pm - 7:30pm Rocklea Saturday 6:00am 12:00pm Rocklea Sunday 6:00am 12:00pm Stallholder Entry and Exit times: Eagle Farm Sunday 5:00am 6:30am / 12:30pm 2:00pm (subject to change during winter) Rocklea Wednesday 12:45pm 2.30pm / 7:30pm 9:00pm Rocklea Saturday 3:15am 5:30am / 12:00pm 2:00pm Rocklea Sunday 3:45am 5:30am / 12:00pm 2:00pm Stallholders can only enter the market grounds with the intention of operating a stall if they have paid for the stall site prior to entry. Stallholders can be refused entry to the market if they have not paid for their allocated stall Stallholders who have booked a stall and pre-paid their stall shall be entitled to a stall only until the commencement of the trading hours. Stallholders who have not occupied their Stall by this time may forfeit their stall booking, will not be entitled to any credit or refund of stall fees and the Market Manager reserves the right to allocate the stall to another Stallholder. 4

5 2.016 Permanent Stallholders attending the Rocklea Markets will be billed in advance for the coming month. This can be paid at least fourteen (14) days before the start of each month, with full payment being required no later than the last market trading for the month. Rocklea site Permanent Stallholders must pay for one (1) full month of trade in advance, unless prior arrangements have been approved by management in writing. Stallholders can pay either online up to 14 days before the start of the month or visit the site office on the last trading day of the month between the nominated times. Casual Sunday & Wednesday Stallholders attending the Rocklea Markets must pay online to secure a stall. Bookings are open until Friday 3pm for the Sunday Rocklea Markets and Tuesday 3pm for the Wednesday Twilight Markets Drive in Casual stallholders may attend the market on the day of trade for the Sunday Discovery Markets & Wednesday Twilight Markets at Rocklea without pre booking; payment will be required upon entry and will be subject to a casual market day surcharge. Drive in Casual Stallholders will not be accepted at the Saturday Fresh Markets Eagle Farm Market is a permanent market only which implies that a Stallholder must be vetted, booked and paid all stall fees prior to attending the Market. Permanent Stallholders must pay for one (1) full month of trade in advance, unless prior arrangements have been approved by management in writing, by the 20th day of the current month to secure any stalls in the following month.stallholders who fail to comply with the online booking system guidelines will automatically surrender their allocated stall for the entire upcoming month of markets An annual rent review will take place between May-June. Leave of Absence All Permanent Stallholders are entitled to a leave of absence from the Market of one (1) entire calendar month. To gain approval of your leave of absence a minimum of two weeks notice prior to the start of the selected month must be submitted in writing. This must be completed to maintain a particular stall site ongoing. Any Stallholder with extreme circumstances must put this in writing for BMP Management to consider. Wet Weather Policy All Stallholders who have booked and paid for their stall should attend the market. All Stallholders are encouraged to bring wet weather attire and suitable wet weather equipment for their stall, the market is never cancelled ahead of time, and will always go ahead in principal. There are no refunds in the case of wet weather or if weather deteriorates during the day. BMP and/or BRC are not held responsible for any damage that may result from a stallholder's decision to trade in adverse weather. Vehicle & Traffic Control All Stallholders must abide by the instructions of BMP staff regarding the movement and parking of vehicles at the Market and abide by the 10km speed limit, or any other marked speed limit, whilst on site No vehicle movement including forklifts, pallet jacks or trolleys is permitted in the Market site during trading hours Any Stallholder who operates a forklift onsite must comply with the following requirements: 10km speed limit, or any other speed limit as marked 5

6 Be the holder of a current BML registered forklift permit, Have a current forklift drivers licence, Must wear a high visibility vest or Australian standard safety clothing and safety shoes Stallholder vehicles may be parked in the designated Stallholder vehicle parking area within the Market, within the confines of your stall area, or in the general public parking areas. For EFM you must park in the designated parking area. No responsibility will be accepted by BMP for loss or damage to goods or property within the designated parking areas or while on BMP or EFM property. BMP and EFM reserve the right to amend the parking conditions for Stallholders without notice Stallholder trucks must be vetted prior to entry to the market grounds to ensure safety and clearance heights of vehicles are maintained on market trading grounds. Rubbish/Waste Removal Any stallholders found to be utilizing the market rubbish bins for the removal of Stallholder waste or packaging material shall be requested to discontinue such activity and may incur a waste fee. Stallholders may be refused permission to occupy a stall if this activity continues. Stallholders who require rubbish receptacles to aid in the management of their stall operations are required to purchase bins for use on the Market day All Stallholder general waste bins are not to be overloaded and must be able to have the lid closed without force It is the Stallholder s responsibility to return bins to the bin yard at Rocklea & Eagle Farm Markets no later than 1.15pm. Stallholders that fail to do this will not be able to hire bins for future markets Brisbane Marketplace provides Recycle Cardboard Bins for the use of all stallholders: All cardboard boxes must be broken down prior to going into the bin Stallholders are not to take these bins from the bin yard unless approved to do so by Brisbane Marketplace employees. All Stallholders found to be misusing or not complying with the bin process at the market may be disciplined which can include termination from market trading at Brisbane Marketplace market sites. Equipment It is the Stallholders responsibility to ensure that all equipment brought to the Market by the Stallholder has been erected securely, is operated in a safe manner and has been ballasted against strong winds prior to the commencement of Trade at the Market. At no time shall equipment be left on site for storage. It is the responsibility of each Stallholder to take all stock, fixtures, belongings with them at the close of trade of the Market Saturday Stallholder s that hire trestle tables from BMP must return these to the collection point by 1.00pm. Sunday BMP or EFM Stallholders must either return their table to the collection point or have hire table(s) ready for collection from their stall by 1.00pm. 6

7 2.033 Gazebos are required to be used when in attendance at Eaglefarm Markets for all outdoor fashion, arts and craft and food court stalls. Gazebos can be used at Brisbane Markets Rocklea site for additional cover under the shade sales however due to hard ground, sandbags or weights must be used to secure these. Smoking Brisbane MarketPlace and Eagle Farm Markets trading grounds are a Smoke Free Zone. BMP & BRC in conjunction with QLD Health provides a DOSA (Designated Outdoor Smoking Area) Note: These area/s is/are the only allotted smoking zone on the market grounds; The DOSA is only to be used for the intended smoking purpose; The consumption of food in this area is prohibited. Brisbane Marketplace is an approved events business and therefore the restriction of smoking is enforced. Persons entering the market grounds acknowledge the smoking requirements; failure to comply may include termination from the market or penalties which are enforceable. Sale or Transfer of Ownership of Stall businesses The sale of a Stallholder business must not include The Attachment of a stall site/space at any BMP or EFM property and/or Market sites. If a Stallholder business is sold or ownership is transferred, BMP Management reserves the right to refuse entry to the existing or new owners of the stall business. BMP Management must be notified in writing within five (5) working days or before the next trading Market (whichever comes first) of the proposed sale of a Stallholder s business. 7

8 3.0 Stallholder Obligations & Responsibilities The Stallholder agrees that at any time while the Stallholder is at the market, the Stallholder will; Act in a professional manner and be honorable representative of BMP or EFM. Any Stallholder who acts in a manner which is considered to be inappropriate or not in the best interests of BMP or EFM market operations may be asked to cease operating their stall and vacate the site; Respond cooperatively to any direction given by the Manager s Staff in relation to the operation and occupation of their stall, equipment, goods and vehicle during set up and pack up and any direction of a security or safety nature; Ensure that their activities do not endanger the safety or security of any persons at the Market; Should the actions or operations of a Stallholder result in abnormal and additional costs being incurred in cleaning and making good the site, BMP reserves the right to charge the Stallholder concerned such amount as considered appropriate to recover the costs incurred; Not cause and damage, make alterations or additions of any nature to or carry out any works of any nature to equipment supplied to the Stallholder and that, if any such damage is caused, the costs of any repairs, making good or replacement are borne by the stallholder; Not place or affix any product or signage to any permanent building, structure, play apparatus or vegetation; Leave the site in the condition in which it was before the stall setup for the day and that if any damage is caused to the site, then costs of making good shall be borne by the Stallholder; Keep the Market and its surrounds clean, tidy, presentable and free from waste and rubbish; Ensure that nothing is done at the market which is illegal, obscene, offensive, dangerous or otherwise creates a nuisance or causes damage, disturbance, annoyance, injury or obstruction to any owner, occupier or user of any nearby land or premises; Ensure they have obtained the relevant permits to operate the Stallholder Business required by Brisbane City Council or any other authority, and to ensuring that these permits are current and on display in compliance with the relevant permit; Comply with all laws, regulations, standards and codes applicable to the sale of your Goods or Services and the use of the stalls, including but not limited to requests from relevant authorities for all conditions of compliance; Ensure all electrical equipment used by Stallholders must be tagged in compliance with the relevant workplace regulations; Ensure their market site occupied is maintained throughout the trading market and stock is kept in a safe and secure manner at the back of the stall; Not operate or use any amplified sounds equipment of any nature without the express written permission of Brisbane Marketplace. The following must be adhered to at all times: Stallholder goods must remain within stall boundaries during trading hours; Not use the Market for any purpose other than the display and sale of Approved Products; 8

9 All stalls must be presented in a manner acceptable to BMP and EFM and in accordance with the Stallholder Presentation & Guideline Manual; Any Stallholder found to interfere with public pedestrian access or access to and from adjoining stalls or properties, that conduct themselves in a violent, abusive or offensive manner, or occupy a stall whilst under the influence of alcohol or illegal drugs will be asked to leave the Market immediately; Spruiking by Stallholders at the Markets must be conducted within the surrounds of your allotted stall space, and must not be done with electrical amplification. Spruiking is allowed only at the Eagle Farm Markets and the Saturday Fresh Markets, and only during approved times; (subject to review at anytime) Report to the Manager any incident or accident to any person or property that involves loss or could be expected to give rise to a Claim; Ensure that any accident involving injury to any person, or any loss or damage to any property within the Market (including any defect, failure or lack of repair at the Market) which may give rise to a danger or risk to others, is reported directly to the Market Manager; The Stallholder is responsible for the safety of all employees, staff, agents or representatives, or equipment that may occupy their stall. 9

10 4.0 Privacy We will comply with the terms of our Privacy Policy which appears on our web site at and you consent to the terms of that Privacy Policy. 10

11 5.0 Stallholder Acknowledgement: I have read and understood and agree to comply with the Market Rules, Trading Terms and General Terms and Conditions of entry as set out above Name: Stall Name Signature: Date: Note: Please return Page 8 of this document only to BMP. 11

12 Stallholder Presentation & Guidelines Manual This document applies to all Market Stallholders/ Traders and their Stalls at Brisbane MarketPlace market sites. Policy Statement BMP Market Stallholders must ensure that all Stalls meet the requirements set before beginning trade at BMP market sites. Merchandise, Presentation and Safety standards must be adhered to at all times. Brisbane MarketPlace has a strong commitment to ensure all Market stalls/stallholders comply with Health and Safety standards, presentation, product quality, government compliance and legislation and compliance with the Brisbane Marketplace regulations. Stallholder Stall Space All Stallholders are to operate their business dealings from within the confines of their allocated stall space only; Stallholders must not use designated walkways or clear zones for the use of storage or selling of products or equipment; Rocklea Site: Stall sizes vary depending on location. The standard stall sizes are 3.5mts in width and 7mts in depth (see image above). You must ensure that you are within the marked stall lines. If your car does not fit within your stall free parking is available across the road from the markets. Eagle Farm Market Site: Stall sizes vary depending on location. The standard stall size is 3mts x 3mts. Table Cloth Coverings Brisbane MarketPlace requires all Stallholders to ensure all tables used in the displaying, selling or production of goods at the customer point are covered. Table coverings must cover the top, sides and ends of the tables The table covering must be no less than 30cm from the ground. Table coverings must be uniform in colour, design and size across a stall. Gazebos Gazebos are required to be used when in attendance at Eagle Farm Markets for all outdoor fashion, arts and craft and food court stalls. Gazebos can be used at Brisbane Markets Rocklea site for additional cover under the shade sales however due to hard ground, sandbags or weights must be used to secure these. The use of tarpaulins and tent posts/ pegs can only be used upon approval from Brisbane Marketplace. We recommend Food Court gazebos to display the business type and name. All marquees must meet the following guidelines: o o o o o Be of Sturdy Construction Contain waterproof roof Be intended for use in Wet Weather Gazebos must be of a fold-up type Gazebos must fit within the stallholder s stall area 12

13 Stallholder Presentation & Guidelines Manual Signage o Gazebos used in food court areas must have side walls Brisbane MarketPlace promotes the use of professional signs by stallholders. The use of signs must not restrict customer flow through the market; Block the view of customers or other stallholders products or displays; Signs must be secure to ensure they cannot cause incident in the marketplace; We recommend all pricing signs for Saturday Food Market and Eagle Farm Sunday Market to be of a professional standard; (see examples overleaf) The use of hand written signs on cardboard fruit boxes does not meet Brisbane MarketPlace standards for the Eagle Farm Market site. This is however approved but not favorable for the Rocklea site Stallholders are permitted to utilize advertising signs and brochures to promote their business. All promotional signs and flyer must only be displayed or distributed from within the Stallholders Stall site unless the Stallholder has received the Manager s consent. Stock All Stallholders are expected to ensure the market site occupied is maintained throughout the trading market. The following must be adhered to at all times: Stock should be kept in a safe and secure manner at the back of the stall All food stock must be kept in a environment that promotes safe food handling techniques; Empty cardboard boxes must be broken down and removed from the stall site; The market site must be clear of stock and rubbish at the end of the trading day; BMP will not take responsibility for any stock left on site. Equipment It is the Stallholders responsibility to ensure that all equipment brought to the Market by the Stallholder has been erected securely, is operated in a safe manner and has been ballasted against strong winds prior to the commencement of Trade at the Market. All Stall equipment including racks, tables, gazebos, signage, umbrellas; etc must be located within stall boundaries. Public access ways must be kept clear at all times and Stallholders must cooperate with the Market Team in ensuring that an appropriate corridor is maintained along pedestrian walkways. At no time shall equipment be left on site for storage. It is the responsibility of each Stallholder to take all stock, fixtures, belongings with them at the close of trade of the Market. Brisbane MarketPlace or its partners assumes no responsibility for any items left on the market grounds. 13

14 Stallholder Presentation & Guidelines Manual STALLHOLDER PRESENTATION Guide Image Area Description Market Applicable General Outdoor Gazebo Standard 3m x 3m gazebo Eagle Farm Rocklea Food Court Gazebo Promotes business in a professional manner Eagle Farm Rocklea Food Court Gazebo with walls This type of gazebo must be used when trading food Eagle Farm Rocklea Table Coverings Must cover all sides and be no less than 30cm from the ground Eagle Farm All Stall Types Blackboards are to be used for the use of promotional offers Eagle Farm Rocklea Meat Vendors Seafood Vendors Professional signs Eagle Farm Rocklea 14