Down to Earth Markets Terms and Conditions for Stallholders

Acceptance and Confirmation of Stall:
Submitting an Expression of Interest / Application does not, by itself, constitute final confirmation of a stall.

The stallholders place is confirmed only when:
a. On submission of an application to the market there is agreement to the terms and conditions of the market
b. the full stall fee has been received.

If payment is not received by within the payment terms, the organisers may release the stall to another applicant.

Participation in this market does not guarantee acceptance or a stall at any future Down To Earth Market.

Cancellation by the Stallholder:
1) If a stallholder cancels more than four weeks before the market, the stall fee will be refunded.
2) If cancellation occurs four weeks or less before the market you are attending, the stall fee is non-refundable.
3) No refund or credit will be provided for:
- Cancellations made within this period;
- Failure to attend;
- Arriving too late to safely establish the stall;
- Voluntarily leaving the market early; or
- Removal from the market due to a serious breach of this Agreement.
4) All cancellations must be provided to the organisers in writing.

Cancellation, Postponement or Changes by the Organisers:
5) Down to Earth Market is an outdoor event and may be affected by weather or circumstances outside the reasonable control of the organisers.
6) These circumstances may include severe or unsafe weather, fire, emergency, natural disaster, government or authority direction, venue unavailability, infrastructure or utility failure, public safety concerns or other circumstances beyond the organisers' reasonable control.
7) If the entire market is cancelled before the event date for such a reason:
- no cash refund will be issued; and
- The stallholder's full stall fee will be transferred as a credit towards the next available Down To Earth Market, valid for 12 months from the effected market date.
8) If the event is postponed, the payment will automatically transfer to the rescheduled event. If the stallholder is unable to attend the rescheduled date, the credit may instead be used towards another available Down To Earth Market within 12 months from the rescheduled event date.
9) If the organisers cancel the market for reasons within their reasonable control and not because of circumstances described above, stallholders will be offered the choice of a refund or credit to a future Down to Earth Market within a 12 month period from the rescheduled event date.
10) The organisers may make reasonable operational changes to the market, including stall positioning, layout, access arrangements, bump-in or bump-out arrangements and trading arrangements where required for safety, operational or regulatory reasons.

Products and Activities:
11) Stallholders may only sell, promote or display the products or services described in their approved application and the market terms and conditions. Additional or substantially different products or activities require prior approval from the organisers.
12) The stallholder must not sell or display:
- Illegal goods;
- Counterfeit goods;
- Unsafe products;
- Recalled or prohibited products;
- Offensive or inappropriate material; or
- Any item that does not comply with applicable Australian or Western Australian laws.
13) Businesses selling consumer goods remain responsible for applicable product-safety, consumer and labelling obligations.
14) Acceptance of one stallholder does not provide category or product exclusivity. Other stallholders may attend the market selling similar or competing products.

Stall Allocation:
15) Final stall locations are determined by the organisers.
16) The organisers will consider stall type, power requirements, safety, access, market presentation and the overall mix of vendors when allocating spaces.
17) A stallholder may not move, exchange, share, transfer or sublet a stall without prior approval from the organisers. Specific locations cannot be guaranteed.

Stall Setup and Equipment:
18) Unless otherwise agreed in writing, each stallholder is responsible for providing all equipment required to operate their stall, including as applicable:
- Gazebo or marquee;
- Tables;
- Chairs;
- Displays;
- Signage;
- Lighting;
- Cooking equipment;
- Extension leads;
- Weights;
- Stock and equipment; and
- Other items required for their business.
19) All equipment must be safe, suitable for outdoor market use and maintained in good condition.
20) Gazebos, marquees, umbrellas and similar structures must be securely weighted or otherwise secured to the satisfaction of the organisers.
21) Stallholders must not peg, drill, nail or otherwise damage the ground, pavement or permanent infrastructure without express approval.
22) All equipment and stock must remain within the allocated stall area unless otherwise approved.
23) Pedestrian paths, emergency access points and neighbouring stalls must remain clear.
24) The organisers may require unsafe equipment or structures to be modified or removed.

Bump-In, Trading and Bump-Out:
25) Stallholders must follow the bump-in and bump-out times and instructions provided by the organisers before the event.
26) All stalls must be completely set up and ready to trade before 9:00am.
27) Stallholders are expected to remain open until the official market closing time of 2:00pm.
28) Early pack-down is not permitted unless authorised by the organisers due to an emergency, safety issue or other reasonable circumstance.
29) Vehicles may only enter the market area at authorised times and must follow directions given by market staff / volunteers.
30) No vehicle movement is permitted through public trading areas while unsafe to do so or while
prohibited by the organisers.
31) Detailed bump-in, parking, access and site instructions will be issued prior to each market date.

Waste and Cleaning:
32)Each stallholder must bring their own suitable rubbish bin or bins.
33) Stallholder waste bins will not be provided on site.
34) Stallholders are responsible for keeping their stall and the immediately surrounding area clean throughout the market.
35) Public bins, if available, must not be relied upon for commercial stall waste.
36) At the end of the market, stallholders must remove all:
- Rubbish;
- Packaging;
- Boxes;
- Food waste;
- Stock;
- Equipment; and
- Other material associated with their stall.
37) Food vendors must appropriately contain and remove food waste, oils, grease and wastewater.
38) No oil, grease, food waste or wastewater may be poured onto the ground, into garden areas or into stormwater drains.
39) The stall space must be left in substantially the same condition in which it was provided.

Electricity:
40) Access to electricity is only available where:
- It was requested by the stallholder; and
- The organisers have confirmed that power will be available.
41) Requesting power does not guarantee access until confirmed by the organisers.
42) Stallholders must provide accurate information about their electrical requirements.
43) All electrical appliances, extension leads, power boards and other equipment must be safe, in good condition and comply with applicable electrical safety requirements.
44) The organisers may inspect electrical equipment or require evidence of appropriate testing or compliance and may prohibit use of equipment reasonably considered unsafe.

Gas, Cooking Equipment and Open Flames:
45) Any stallholder using gas, LPG, cooking equipment, heating appliances, naked flames or similar equipment must advise the organisers and obtain approval before the market.
46) All equipment must comply with applicable safety requirements.
47) Where required, stallholders must provide appropriate:
- Fire extinguishers;
- Fire blankets;
- Protective equipment;
- Barriers;
- Gas installation documentation or checklists; and
- Other safety equipment appropriate to their activities.
48) WA currently has specific requirements for gas appliances and LP Gas at public events, including stalls, marquees and mobile catering vehicles.
49) The organisers may immediately require cooking or gas equipment to cease operating if they reasonably consider it unsafe or non-compliant.

Food Vendors:
50) Food vendors are responsible for ensuring that their business is properly registered or notified and permitted to operate as required by applicable food laws and authorities.
51) Temporary stalls, mobile food businesses and food vans are included within WA's food-business regulatory framework.
52) Food vendors must comply with all applicable requirements relating to:
- Food safety and hygiene;
- Food storage;
- Temperature control;
- Handwashing;
- Preparation and serving;
- Protection from contamination;
- Allergen information;
- Food labelling;
- Food-handler requirements;
- Waste disposal; and
- Any direction of an authorised Environmental Health Officer or other relevant authority.
53) Certain food businesses handling unpackaged, potentially hazardous ready-to-eat food are also subject to mandatory food-safety management tools and food-handler requirements.
54) The organisers may request copies of relevant certificates, registrations, permits or approvals before the event.
55) Failure to provide required documentation may result in the stallholder being unable to trade.

Public Liability Insurance:
56) Public liability insurance is in place for Down To Earth Market under the event organiser’s insurance arrangements, subject to the insurer’s terms, conditions, limits and exclusions.
57) The stall fee does not include public liability insurance for the stallholder. The organiser's policy should not be relied upon as insurance cover for the stallholder's own business, products, staff, equipment or activities.
58) All stallholders are strongly recommended to hold their own current public liability insurance appropriate to their business and activities.
59) Where public liability insurance is required by law, a regulator, permit, licence, venue condition or other approval, the stallholder is responsible for obtaining the required cover and providing evidence on request.
60) Food and drink vendors must hold current public liability insurance of at least $10 million and a current City of Stirling Permit to Provide Food at Events.
61) The organisers may request a Certificate of Currency or other evidence of insurance before the event or before allowing a stallholder to trade.
62) Nothing in this clause changes the allocation of responsibility set out in the Liability and Responsibility section of these terms.

Work Health and Safety:
63) Each stallholder is responsible for operating their stall safely and taking reasonable care not to put themselves, their workers, other stallholders or members of the public at risk.
64) Under WA's WHS framework, business operators, workers and others at a workplace can have safety duties, and more than one business can hold duties in relation to the same workplace.
65) Stallholders must:
- Identify and appropriately manage hazards associated with their activities;
- Keep walkways free from trip hazards;
- Promptly clean spills;
- Safely secure equipment and structures;
- Use equipment according to its intended purpose;
- Follow reasonable safety instructions from the organisers;
- Report any incident, injury or significant hazard to the organisers as soon as possible; and
- Comply with emergency procedures.

Licences, Permits and Legal Compliance:
66) The stallholder is responsible for holding all licences, registrations, permits, approvals and qualifications legally required for their business or activities unless the organisers expressly confirm in writing that a particular approval is being managed on the stallholder's behalf.
67) Acceptance into Down to Earth Markets does not replace any legal obligation that applies to the stallholder's business.
68) Stallholders must comply with reasonable instructions from:
- Down to Earth Market organisers;
- Venue representatives;
- City of Stirling officers;
- Environmental Health Officers;
- Police;
- Fire and emergency services; and
- Other authorised government or regulatory officers

Staff and Helpers:
69) The stallholder is responsible for the actions and conduct of any employee, contractor, family member, volunteer or other person assisting with their stall.
70) Anyone working at or assisting the stall must comply with these terms and reasonable directions given by the organisers.

Conduct:
71) Down To Earth Market is intended to be a welcoming, safe and community-focused event.
72) Stallholders and their representatives must behave respectfully towards:
- Customers;
- Other stallholders;
- Event staff;
- Volunteers;
- Residents;
- Venue representatives; and
- Members of the public.
73) Threatening, abusive, discriminatory, harassing, dangerous or seriously disruptive behaviour will not be accepted.
74) The organisers may require a person to leave or a stall to cease trading in cases of serious misconduct or safety concerns.

Smoking, Vaping, Alcohol and Other Restricted Activities:
75) Stallholders must comply with all applicable laws and venue requirements relating to smoking and vaping.
76) Alcohol may not be sold, supplied or sampled unless specifically approved by the organisers and all required licences and approvals are in place.
77) Illegal substances are prohibited.
78) Raffles, competitions, fundraising activities, amplified music or other activities outside the stallholder's approved business activity require prior approval from the organisers.

Photography, Video and Promotion:
79) By signing this Agreement, the stallholder acknowledges and agrees that photography and video recording may take place during Down To Earth Market.
80) The stallholder consents to photographs or footage of:
- The stallholder;
- Their staff or representatives;
- Their stall;
- Their products; and
- General market activity
being used by Down To Earth Market, Love Our Main Street Grassroots Group and our sponsors for reasonable promotional, marketing, social media, website, editorial and community communication purposes without additional payment.
81) Where a stallholder supplies photographs, logos, graphics or other promotional material to the organisers (including as part of their application), the stallholder confirms that they have the necessary rights or permission for those materials to be used for promoting the market and their participation.

Damage and Property:
82) Stallholders are responsible for any damage to the venue, facilities or other property caused by their negligence, equipment, vehicle, staff or activities.
83) Any damage must be reported immediately.
84) Each stallholder remains responsible for the security of their own:
- Cash;
- Stock;
- Equipment;
- Personal belongings; and
- Other property.
85) The organisers do not provide individual stall security.

No Guarantee of Sales or Attendance:
86) The organisers will promote and operate the event in good faith but do not guarantee:
- Visitor numbers;
- Foot traffic;
- Weather conditions;
- Sales;
- Revenue;
- Profit; or
- Any particular commercial outcome for a stallholder.
87) Participation is undertaken at the stallholder's own commercial risk.

Organiser's Right to Intervene or Terminate Participation:
88) The organisers may require a stallholder to correct a problem where the stallholder is:
- Operating unsafely;
- Breaching this Agreement;
- Selling unapproved goods;
- Failing to comply with legal requirements;
- Obstructing other stalls or public areas; or
- Failing to follow reasonable operational or safety directions.
89) Where the issue is minor and reasonably capable of correction, the stallholder will normally be given an opportunity to correct it.
90) For serious or immediate safety issues, unlawful activity, serious misconduct or a significant breach, the organisers may require the stall to cease operating immediately.
91) A stallholder removed because of a serious breach is not entitled to a refund of their stall fees.

Liability and Responsibility:
92) Each party remains responsible for its own acts and omissions.
93) To the extent permitted by law, the stallholder is responsible for loss, damage, injury or claims arising from the stallholder's products, equipment, staff, activities, negligence, unlawful conduct or breach of this Agreement.
94) The stallholder is not responsible for loss to the extent it was caused by the negligence, unlawful conduct or breach of the organisers.
95) Nothing in this Agreement excludes, restricts or modifies any right, guarantee or liability that cannot lawfully be excluded or restricted.

Information Provided by the Stallholder:
96) The stallholder confirms that all information provided to the organisers in connection with their application and participation is accurate and complete.
97) The stallholder must advise the organisers if there is any material change to:
- The business;
- Responsible person;
- Products being sold;
- Stall setup;
- Electricity requirements;
- Cooking or gas equipment;
- Insurance position; or
- Any other information that may affect safety or approval of the stall.

Privacy and Contact Information:
98) Information provided by the stallholder will be used by the organisers for the administration and promotion of Down to Earth Market and for communication regarding future Down to Earth Market opportunities.
99) Information may also be provided to the venue, insurer, local government or relevant authority where reasonably required for event administration, safety, insurance or regulatory purposes.

Future Markets:
100) Participation in this event does not create an automatic entitlement to participate in future Down To Earth Markets.
101) Applications, stall mix, availability and conditions may vary for future events.

Disputes:
102) If a dispute arises in connection with this Agreement, the stallholder and organisers should first attempt to resolve the matter directly and in good faith.
103) Either party may provide the other with written details of the issue and the parties should make a reasonable attempt to resolve it before commencing further action, except where urgent action is
necessary.

Governing Law:
104) This Agreement is governed by the laws of Western Australia.