Once a stallholder submits their application, the stallholder agrees to adhere to the terms and conditions as outlined in this document.

Applications must be completed clearly and accurately. Scarborough Farmers Market reserves the right to decline applications we deem unsuitable at our discretion.

Stallholders are to engage only with the Scarborough Farmers Market management and staff to discuss any issues, rather than Scarborough Primary School (landowner) or City of Stirling (local council).
 
Stallholder Behaviour
1. Stallholders and their staff, at all times, are expected to deal with the public, other stallholders, market staff and market management in a professional, respectful and courteous manner. Unacceptable/uncivil/unsafe behaviour or swearing may result in the Market Manager directing the stallholder or their staff to leave the Market immediately. Stallholders must not at any time insult or intimidate anyone including other stallholders, customers, visitors and staff.
2. You must not engage in any conduct which is disruptive or inconsistent with the purpose of Scarborough Farmers Market. This includes but is not limited to online bullying, engaging in false claims in online reviews or slander of Scarborough Farmers Market, our stallholders, our venue or our staff.
3. Stallholders and their staff should not slander/defame/insult/offend or intimidate other stallholders, staff, customers, market staff and market management.
4. Stallholders should ensure that they themselves and their staff do not give false/deceptive/ misleading information or make claims to customers about quality or quantity or origin or certification of goods/produce/products they are selling.
5. Stallholders must comply with instructions provided by all market staff on the day, not just management/office staff. Failure to do so may result in removal from the market.
6. In the event that a stallholder is involved in activities that in the opinion of the Market Manager bring or will bring Scarborough Farmers Market into disrepute/discredit the market or bring reputational damage to the market, the stallholder may be directed to leave the market. The Market Manager has the discretion of whether a suspension of a stallholder is warranted pending any investigations being undertaken by or about to be undertaken by an investigative body.
Stall Applications, Products and Attendance
1. Eligible stallholders will be farmers, producers, bakers, growers or makers of the goods/produce/products to be sold (or their family members).
2. Acceptance of stallholders for participation in events is at the sole discretion of Scarborough Farmers Market. Scarborough Farmers Market reserves the right to reject applications and not enter into correspondence or otherwise explain further.
3. Stallholders are only able to sell products approved by market management as per their application. If you have been accepted into Scarborough Farmers Market and you wish to sell additional products, please submit a request in writing with attached images to Market Management for approval.
4. Permission to ‘add on’ will be at the discretion of the Market Manager and may require approval by The City of Stirling. Public and Product Liability Insurance policy will need to be altered to include additional items and provided to the Market Manager.
5. It is the responsibility of stallholders to ensure their products comply with the relevant safety and labelling standards for their items. Market Management takes no responsibility for products/stallholders who fail to comply with standards and regulations.
6. Stallholders are not permitted to sell offensive, illegal, prohibited, counterfeit or unauthorised goods including goods bearing trademarks for which the stallholder does not have a licence to sell.
7. It is the stallholders responsibility to ensure that the products they are selling do not infringe on any third party rights, including the Intellectual Property rights of other stallholders and businesses.
8. Stallholders who wish to sell goods/produce/products on behalf of another producer, can do so with the approval of the Market Manager. Approved goods/produce/products sold on behalf of another producer will need to be labelled as such.
9. In exceptional circumstances a representative/agent may be permitted to sell goods/produce/products at the discretion of the Market Manager.
10. All goods/produce/products sold at the Market should be Western Australian in origin, unless otherwise agreed to by the Market Manager. No imported goods/produce/products can be sold however exceptions may be made for the sale of coffee, tea and spices at the discretion of the Market Manager.
11. Stallholders should not offer for sale more than 30% of product that they have not grown or produced themselves. Any variation to this will be with the permission of the Market Manager.
12. Stalls cannot be transferred, sublet, franchised or sold to any other person and cannot be shared without written approval from market management.
13. A stall cannot be placed “under management” without prior approval by the Market Manager, i.e. cannot be run by anyone other than the owner without prior approval by and at the discretion of the Market Manager. The person/s managing/supervising the stall should have substantial knowledge of the goods/produce/products being sold and it would be preferable that people managing/supervising the stall are involved in the production process.
14. All stallholders will be informed in writing of their stall allocations, bump in time and location one week prior to their first market. All stall allocations are final.
15. Acceptance of an application to attend Scarborough Farmers Market does not guarantee permanent placement.

Stall Assignment
1. Stall assignment is at the discretion of the Market Manager in line with, but not limited to, space and shade requirements. Regular weekly stallholders will be given priority.
2. If a stallholder is absent for more than 1 consecutive week, their stall area may be allocated to another stallholder.
3. The Market Manager reserves the right, at any time, to alter the position/layout of the Market and Stalls as may be necessary to maintain grounds, in accordance with the directions from the landlord, for safety reasons, risk management and legal requirements.
Stall Presentation / Rubbish Disposal
1. Stallholders should refrain from displaying any promotional material that does not relate to Scarborough Farmers Market. Any promotional material will need to be approved by the Market Manager.
2. Competitions, raffles, giveaways or fundraising activities should not be run by stallholders or their staff without approval by the Market Manager.
3. Stallholders are required to display a sign/banner that can be easily seen by the customer that displays their business name, and the locality of any other producer represented.
4. The price of goods/produce/products/food should be clearly displayed.
5. Produce certification should be displayed and easily seen by the customer e.g. Organic Certification.
6. Display boards, signs, blackboards, banners should not be placed in walkways or obstruct neighbouring stallholders. Failure to comply may result in these items being removed by the Market Manager.
7. Stallholders should keep their area clean and tidy and maintain it to a high standard and leave their area free from any rubbish at the end of the trading day. Failure to do so may result in the stallholder incurring a penalty clean-up fee.
8. Stallholders are required to remove and dispose of all their waste/packaging material/oil drums off site. Any type of waste is not to be thrown on pathways, dumped around trees/shrubs or left around bins or park benches.
9. Bins on site are reserved for use by Market customers only and are not for stallholder’s use.
Stall Payment / Cancellation / Refunds / Withdrawal from Market

1. Stallholders are expected to meet their ‘scheduled booked in’ trading obligations. They will need to trade on the days they have ‘booked in’ to trade and agreed to at the time of acceptance into the market as discussed and approved by Market Management
2. Stallholders are required to give 7 days’ notice prior to market day of the intend ended absence.
3. Notification of non-attendance is required in writing via e-mail.
4. If a stallholder fails to give 7 days’ notice of absence from the market on their designated ‘scheduled booked in’ Saturday, they may be required to pay their stall fees in full. Extenuating circumstances of absence will be taken into consideration by Market Management.
5. Stall Fees are set by Market Management and invoiced on a fortnightly basis.
6. Stall fees must be paid in full a minimum of one week prior to attendance at the market. Failure to pay in advance of attendance may result in vendors not being permitted to trade.
7. Stallholders will have 7 days to make payment of stall fees upon issue of invoice.
8. Once your stall offer is accepted and paid for, should you cancel your attendance with less than 7 days’ notice, stall fees will be forfeited. Extenuating circumstances of absence will be taken into consideration by Market Management.

Stall Set-up / Staff Parking / Noise Abatement
1. Set-up can commence after 5:00am.
2. Due to the proximity of residents, extra care will need to be taken at set-up and pack down. No radios or music to be played on arrival, minimal conversation and no shouting. Please minimise any unnecessary opening and shutting of vehicle doors and special care to be taken when unloading produce/crates from vans and trucks and when erecting gazebo’s trestle tables etc. so not to create excessive noise and disturbance to residents near the market.
3. Stallholders bump-in and set up during the hours prior to market opening time and must be ready to trade by 8:00am. Pack up and bump-out must be completed within two hours of market closing.
4. Stallholders who are not set up and ready to trade by market opening forfeit their stall for that market date.
5. Stallholders will need to set-up in their marked and assigned bay/s only.
6. Stallholders should not dismantle any part of their stall, especially their gazebo/s and trestle tables, prior to the end of trading day even if they have sold out. End of trading day will be signalled by the ringing of the market bell.
7. If a stallholder has sold out of goods/produce/products before closing time, a “Sorry, Sold Out!” sign should be displayed until closing time.
8. Stallholders and their staff will need to comply with the Market’s traffic plan and parking allocation. Stallholders and their staff should not park their vehicles in areas that have been set aside for customer parking even if unloading. If parked in the wrong area, Market Staff have the authority to ask stallholders or their staff to move their vehicle.
9. Stallholder vehicles or staff vehicles that are not directly parked behind their stall will need to exit the Market no later than 7.45am and should not re-enter the Market prior to the end of trading day.
10. Stallholders and all their staff will need to comply with speed limits as set by the Market Manager (maximum of 6kph – walking pace) upon entering and exiting Hedley Park and all the Market and parking areas. Vehicles dropping off staff will not be able to enter the market area.
11. If power is required, it is the stallholders’ responsibility to ensure that all leads and electrical equipment are tagged and tested in compliance with workplace laws and regulations.
12. All stallholders must provide their own gazebo. All gazebos are to be weighted down using appropriate weights prior to commencement of trade.
13. Stallholders without weights will not be allowed to erect their gazebo with no exceptions and no refunds.
14. Stallholder displays and materials must stay within assigned stall space. Failure to do so may result in items being removed by market management for safety reasons.
15. Please show all consideration to safety of yourself, your team, your fellow stallholders and patrons. Stallholders must clean up all breakages and spills that occur within their stall space. For any safety concerns you have during the event at or near your stall, please contact market staff as soon as possible to prevent injury.

Stall Operation

1. Stallholders agree to trade for the entire duration of the market event they have accepted to participate in.
2. Market Management do not permit stallholders to stand outside of their stall space to distribute flyers to passing customers due to impact on fellow stallholders.
3. Stallholders are responsible for the area of their stall and surrounds and must leave the area clean and tidy. Boxes and cartons must be removed from market area. Market bins are not to be used for disposal of stallholder waste or packaging materials.
4. All stallholders must be respectful and considerate of their neighbouring stallholders, their spaces and any shared areas. This is not only to ensure the safety of stallholders and patrons, but to maintain a courteous and friendly environment for all.
5. It is the responsibility of the stallholder to trade in accordance with Market, State and Local Shire regulations.
6. Market Management take no responsibility for the weather. Please come prepared for all weather conditions. Events take place rain or shine unless there are issues of safety.

Stall Close and Pack-up

1. Stalls must not commence pack up prior to the advertised closing time
2. Stallholders must not bring their vehicle on site/move their vehicle on site prior to market closure. Failure to do so may impact future attendance.
3. Stallholders must follow directions of Market Staff at all times to ensure safety.
4. All stallholders are responsible for the removal of their own rubbish and must leave their allocated space in the condition it was found prior to bump-in.
5. Stallholders should not dismantle any part of their stall, especially their gazebo/s and trestle tables, prior to the end of trading day even if they have sold out.
Regulations / Insurance / Trading Licence / Certification

1. All stallholders must provide their own public liability insurance to the amount of $10 million. Stallholders must have provided a copy of their PLI compliance certificate with them prior to attendance.
2. Stallholders are required to forward to the Market Manager a renewed copy of their insurance policy annually, no later than two weeks after the expiry date.
3. Stallholders will not be allowed to trade if their insurance is not current.
4. Where applicable Stallholders will need to have a current ‘City of Stirling Food Permit’.
5. Obtaining and paying for a food/beverage permit is the responsibility of the food/beverage stallholder and must be completed prior to event application.
6. Where applicable Stallholders preparing food will need to have a ‘Certificate of Registration for a Food Business’ as issued by their current local council and will need to provide this to the Market Manager.
7. Stallholders selling certified organic/biodynamic produce/products will need to forward their certification to the Market Manager prior to commencing trading at the Market. A renewed copy of their organic/biodynamic certification will need to be forwarded to the Market Manager.
8. Food/beverage vendors must supply their own power to their stall.
Quality Assurance / Food Safety / Labelling
1. The Scarborough Farmers Market expects stallholders to provide fresh, high-quality produce that has been picked or prepared as close to market day as possible. Stallholders are expected to maintain the Market’s standards of freshness and high quality. Produce for sale will need to be first grade. Second grade produce cannot be sold unless agreed to by the Market Manager and will need to be labelled as such.
2. Goods/produce/products/food deemed to be unsuitable for sale can be withdrawn by the Market Manager.
3. During the Market, at the Market Manager’s discretion, an inspection and audit of the goods/ produce/products/food sold can be carried out.
4. From time to time the Market Manager may ask to inspect farming properties to ensure compliance.
5. It is the responsibility of the stallholder to trade in accordance with State and Local Council regulations.
6. Stallholders will need to comply with the current food safety regulations and food standards as stipulated by, ANZFSA Standards Code, WA Food Act 2008, The City of Stirling Environmental Health Services, Country of Origin Labelling Information Standard 2016, or any other regulations that apply to their goods/produce/products.
7. Appropriate labelling regulations will need to be complied with by stallholders and they will need to acquire any necessary licenses or permits for selling or producing their products. The Market Manager will need to be given copies of these licences/permits by the stallholder, prior to selling at the Market.
8. The Market takes no responsibility for products that are sold by stallholders who fail to comply with Standards and Regulations.
9. All stallholders preparing food on site (especially those using equipment powered by gas) will need to have an appropriate Fire Extinguisher and Fire Blanket. This also applies to stallholders cooking/heating samples for tastings and they should have a heat shield surrounding three sides of the hot plates/burners being used.
10. All stallholders using refrigeration, eskies, ice, ovens, warmers, should have an appropriate thermometer to monitor temperature control.
11. Stallholders will need to use and ensure that their scales are certified and accurately calibrated as required under the appropriate act (Weights & Measures Act 1915) and trading regulations.
Sale of Business
1. Any stallholder who plans to sell their business that is operative at the Market will need to schedule an interview between the prospective buyer and the Market Manager. The prospective buyer’s suitability and whether they meet the market criteria will be assessed by the Market Manager and be at the Market Manager’s discretion.
2. It is preferred that the outgoing stallholder should continue trading at the market until the incoming stallholder is ready to trade, otherwise the outgoing stallholder may need to pay the full stall fee until the incoming stallholder commences trading.
3. The outgoing stallholder should inform the incoming stallholder of the Market requirements in relation to insurance, licences, permits etc. and is familiar with the Market Rules and the application process.
Other
1. End-of-trading-day discounting is discouraged.
2. The market is a NON-SMOKING event.
3. Any complaints are to be directed to the Market Manager in writing via e-mail unless the matter is urgent in nature.
4. Stallholders and their staff are asked to refrain from playing music or other, from any device before and during the market. This is out of respect for residents living near the Market and to ensure within keeping with performing rights and APRA requirements.
5. Images of stallholders and stallholder products may be used as promotional material by Scarborough Farmers Market for media and publicity purposes. By applying to be a stallholder at the market you are agreeing to images of both yourself and your products being captured and then used by Market Management through promotions both online and digital.
6. Images supplied by stallholders may be used as promotional material by Scarborough Farmers Market for media and publicity purposes. By supplying images of you, your stall or your products to Scarborough Farmers Market, you are confirming that the images are yours, or you have approved photographer’s agreement for use of photography. If permission was not sought for the use of images, any fees or royalties incurred for the use of the image will be invoiced to the relevant stallholder.

Event Cancellation by Market Management

1. Manning Road Farmers Market reserves the right to cancel any market event up to 12 hours prior to its scheduled time.
2. Market Management will inform vendors via e-mail and text message of event cancellation with as much notice as possible.
3. Event cancellation by Manning Road Farmers Market will occur for the following reasons:
a. Safety (severe weather warnings).
b. Emergency.
c. Health concerns (such as COVID19).
d. Other reasons beyond the reasonable control of Market Management.
4. If an event is cancelled by Scarborough Farmers Market due to Safety (severe weather warnings), vendors are entitled to a 50% credit of their stall fee to the next market.
5. If an event is cancelled by Market Management for other reasons, vendors are entitled to a full refund/credit of their stall fee.

Limitation of Liability

1. Scarborough Farmers Market are not liable for any damage, loss or harm stallholders or anyone working with stallholders may encounter as a result of participation in the markets, including physical, psychological and economic harm. Market Management are not responsible for any claims, actions, demands or suits that stallholders may face as a result of their conduct.
2. Where disputes are occurring between participating stallholders, in regard to any matter, including but not limited to the Intellectual Property rights of stallholders, Market Management will not be directly involved under any circumstances. Should any disputes be actively occurring at any stage during events, we kindly request that those be taken offline, outside of market hours, and without the involvement of other stallholders, venue staff, or Scarborough Farmers Market management. Scarborough Farmers Market are not responsible for the maintenance of copyright or Intellectual Property rights of any of our stallholders at any time.
3. Stallholders found in breach of any of the terms and conditions outlined within this document, risk exclusion from future attendance, determined at the discretion of market management.
4. While all care is given where possible, Scarborough Farmers Market are indemnified from any theft, loss or damages to persons, money or goods as a result of participating in the markets. Alcohol and drug consumption is strictly prohibited by any stallholders for the duration of the market. Additionally, no smoking is allowed by stallholders within their stall.
5. Stallholders will indemnify the organiser, Scarborough Farmers Market, from any damage, expenses or liability arising from any injury or damages to any person, including the general public, the stallholder or others, occurring either in the space occupied by the participant or elsewhere arising out of its occupancy or anything connected with occupancy. The organiser will not be liable for any loss or damage to the property of the participants due to fire, robbery, accidents or any cause whatsoever that may arise from use and occupancy of the site. The organiser assumes no liability for any damages or losses resulting from or relating to the failure of the participant to comply with the provisions of this agreement. The organiser will not be responsible if a current insurance “Certificate of Currency” is not forwarded to the Market Manager.