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1. APPLICATIONS AND APPROVAL

1.1 All Stallholder applications are subject to approval by Westland Markets.

1.2 Submission of an application does not guarantee acceptance, participation or allocation of a stall.

1.3 Westland Markets may approve, decline, restrict or place conditions on an application having regard to matters including:

a. product or service suitability;
b. duplication of similar products or services;
c. available space;
d. Event theme or purpose;
e. safety requirements;
f. regulatory or venue requirements;
g. the overall mix of Stallholders; and
h. any other matter Westland Markets considers relevant to the operation of the Event.

1.4 Westland Markets reserves the right to decline an application without being required to provide detailed reasons.

2. ACCURACY OF INFORMATION

2.1 The Stallholder must provide complete, accurate and current information in all applications and communications.

2.2 The Stallholder must disclose all relevant information concerning:

a. business name;
b. contact details;
c. products or services offered;
d. stall dimensions;
e. equipment;
f. food operations;
g. electricity requirements;
h. gas equipment;
i. vehicles;
j. insurance;
k. permits; and
l. registrations.

2.3 Any material change to the approved application must be disclosed to and approved by Westland Markets before the Event.

3. STALL FEES AND PAYMENT

3.1 Stall fees will vary depending on the Event, stall type, stall size, location and other operational requirements.

3.2 A Stallholder booking will not be considered confirmed until:

a. the application has been approved;
b. all required fees have been paid; and
c. all requested documentation has been provided.

3.3 Payment must be made by the date specified on the invoice, booking confirmation or other written communication.

3.4 Failure to make payment by the due date may result in cancellation of the booking and reallocation of the stall.

4. PUBLIC LIABILITY INSURANCE

4.1 All Stallholders must hold current Public Liability Insurance with a minimum cover of AUD $20 million.

4.2 The insurance must remain valid for the entire duration of the Event.

4.3 A valid Certificate of Currency may be required before participation is approved.

4.4 The Stallholder is responsible for ensuring that the insurance policy adequately covers all activities, products, services, employees, contractors and equipment associated with the Stallholder’s participation.

5. LICENCES, PERMITS AND REGISTRATIONS

5.1 The Stallholder is solely responsible for obtaining and maintaining all licences, permits, registrations, certificates and approvals required for the lawful operation of the Stallholder’s business.

5.2 Depending on the Stallholder’s activities, required documentation may include:

a. food business registration;
b. food safety documentation;
c. local council approvals;
d. liquor licences;
e. trade licences;
f. electrical compliance documentation;
g. gas compliance documentation;
h. Working with Children Checks, where applicable;
i. product safety documentation; and
j. any other permit or approval required by law.

5.3 Westland Markets may request evidence of compliance at any time.

6. FOOD VENDORS

6.1 Food vendors must comply with all applicable food safety legislation, regulations, council requirements and Event conditions.

6.2 Food vendors are responsible for ensuring:

a. food is stored, handled and served safely;
b. all required registrations are current;
c. temperature controls are maintained;
d. suitable handwashing facilities are available where required;
e. wastewater is managed correctly;
f. food waste is properly disposed of;
g. cooking equipment is used safely; and
h. gas and electrical equipment complies with applicable requirements.

6.3 Westland Markets may refuse participation where food safety documentation has not been provided or where the Stallholder does not meet relevant compliance requirements.

7. STALL SIZE AND SETUP

7.1 Unless otherwise stated, a standard stall site is approximately 3 metres by 3 metres.

7.2 Stallholders requiring larger sites, trailers, food trucks or additional operating space must disclose their full setup dimensions when applying.

7.3 Unless expressly provided by Westland Markets, the Stallholder is responsible for supplying all equipment necessary to operate the stall, including:

a. marquee or gazebo;
b. tables;
c. chairs;
d. displays;
e. signage;
f. lighting;
g. extension leads;
h. waste containers;
i. marquee weights; and
j. other equipment required for the Stallholder’s operations.

7.4 All equipment must be safe, stable, clean and suitable for use at a public Event.

8. MARQUEES AND TEMPORARY STRUCTURES

8.1 All marquees, gazebos and temporary structures must be securely weighted and installed in accordance with manufacturer recommendations and Event requirements.

8.2 Stallholders must use appropriate weights capable of securing the structure in changing outdoor conditions.

8.3 Pegging into the ground is prohibited unless specifically authorised by Westland Markets or the venue operator.

8.4 Westland Markets may require any unsafe structure, display or equipment to be altered, secured or removed.

9. STALL ALLOCATION

9.1 Westland Markets has sole discretion regarding the allocation and placement of stalls.

9.2 Stall locations may be determined having regard to:

a. site layout;
b. Stallholder category;
c. pedestrian movement;
d. emergency access;
e. accessibility;
f. power requirements;
g. vehicle access; and
h. the overall presentation of the Event.

9.3 Requests for specific locations may be considered but are not guaranteed.

9.4 Stallholders must not relocate or enlarge their stall without prior approval.

10. BUMP-IN

10.1 Stallholders must arrive within the designated bump-in period advised by Westland Markets.

10.2 All Stallholders and drivers must comply with Event traffic management arrangements and directions given by Westland Markets staff, traffic marshals, contractors or venue personnel.

10.3 During bump-in, all vehicles must travel at walking pace and must not exceed 5 km/h within the Event or market area.

10.4 Drivers must give way to pedestrians at all times.

10.5 Vehicles must only enter approved areas and must use designated access routes.

10.6 The Stallholder must ensure the stall is fully set up before the advertised opening time.

10.7 Late arrival may result in vehicle access being refused, the Stallholder being required to carry equipment to the site, or cancellation of the Stallholder’s participation.

10.8 Vehicles must not enter or move through the public trading area while the Event is open unless specifically authorised for operational, accessibility, safety or emergency purposes.

11. BUMP-OUT

11.1 Stallholders must not begin packing down or leave the Event before the advertised closing time unless authorised by Westland Markets.

11.2 Vehicles must not enter the Event area until permission has been given by Westland Markets staff or authorised Event personnel.

11.3 During bump-out, all vehicles must travel at walking pace and must not exceed 5 km/h.

11.4 Drivers must give way to pedestrians and comply with all traffic and safety directions.

11.5 The Stallholder must remove all stock, equipment, rubbish and other materials from the site.

11.6 The Stallholder may be responsible for additional cleaning, waste disposal or damage costs arising from failure to leave the site in an acceptable condition.

12. PRODUCTS AND SERVICES

12.1 The Stallholder may only sell, display, distribute or promote products and services approved by Westland Markets.

12.2 New or additional products must not be introduced without prior approval.

12.3 Westland Markets may prohibit products or services that are:

a. unlawful;
b. unsafe;
c. counterfeit;
d. offensive;
e. misleading;
f. unsuitable for a family-friendly Event;
g. inconsistent with the Event’s purpose; or
h. prohibited by council, venue or regulatory requirements.

13. STALL SHARING, TRANSFER AND SUBLETTING

13.1 Stallholders must not transfer, assign, sublet or share their stall without prior written approval.

13.2 Any additional business operating from the stall must be disclosed.

13.3 Westland Markets may require each participating business to provide separate insurance, permits or other documentation.

14. ELECTRICITY

14.1 Electricity is not guaranteed unless confirmed in writing.

14.2 Stallholders requiring electricity must disclose their requirements when applying.

14.3 Additional power fees may apply.

14.4 All electrical equipment, leads, appliances and connections must comply with applicable safety standards.

14.5 Stallholders must not connect to unauthorised power sources.

14.6 Westland Markets may disconnect or prohibit electrical equipment considered unsafe.

15. GENERATORS

15.1 Generators may only be used with prior approval.

15.2 Generators must be properly maintained, operated safely, positioned appropriately, protected from public access, operated so as to minimise noise and fumes, and comply with applicable Event or venue requirements.

15.3 Westland Markets may require a generator to be relocated, shut down or removed if it creates a safety, noise or environmental concern.

16. GAS AND LPG EQUIPMENT

16.1 Stallholders using LPG or other gas equipment must comply with all applicable laws, safety standards and Event requirements.

16.2 Gas cylinders must be secured in an upright position, properly connected, free from visible damage, located away from public access where required, and used only with compliant equipment.

16.3 Westland Markets may request gas compliance or safety documentation.

17. FIRE SAFETY

17.1 Stallholders using cooking, heating, gas or other equipment capable of producing heat or flame must carry suitable fire safety equipment where required.

17.2 Fire extinguishers, fire blankets and similar safety equipment must be appropriate for the activity being undertaken and maintained in serviceable condition.

17.3 Emergency exits, fire lanes and access routes must remain clear at all times.

18. WASTE MANAGEMENT

18.1 Stallholders must keep their stall and surrounding area clean and tidy throughout the Event.

18.2 Stallholders are responsible for the proper disposal of their own commercial waste unless otherwise advised.

18.3 Food vendors must properly manage food waste, packaging, oils, grey water and other waste generated through food preparation or sales.

18.4 Wastewater, grease, oils, chemicals or other substances must not be poured onto the ground, into stormwater drains or into unauthorised areas.

19. CONDUCT

19.1 Westland Markets is committed to operating safe, respectful, inclusive and family-friendly Events.

19.2 Stallholders must act professionally and respectfully toward customers, other Stallholders, Westland Markets staff, volunteers, contractors, venue representatives, council personnel and members of the public.

19.3 Aggressive, abusive, threatening, discriminatory, intimidating, unlawful or unsafe behaviour will not be tolerated.

19.4 Serious misconduct may result in immediate removal from the Event.

20. COMPLIANCE WITH DIRECTIONS

20.1 Stallholders must comply with all reasonable directions given by Westland Markets, Event management, venue management, traffic marshals, security personnel, council officers, emergency services or other authorised personnel.

20.2 Directions may relate to safety, access, traffic, weather, emergency procedures, operating hours, stall placement or Event management.

21. WEATHER CONDITIONS

21.1 Outdoor Events may proceed in light rain, wind or changing weather conditions.

21.2 Stallholders are responsible for preparing their equipment and stock for expected weather conditions.

21.3 Westland Markets may delay, suspend, relocate, modify or cancel an Event where weather conditions create an actual or reasonably anticipated safety risk.

21.4 Stallholders must comply immediately with instructions relating to severe weather or emergency procedures.

22. EVENT CANCELLATION, POSTPONEMENT OR RELOCATION

22.1 Westland Markets may cancel, postpone, suspend, relocate or modify an Event where reasonably necessary.

22.2 Circumstances may include severe weather, emergency, fire, venue closure, council direction, government restrictions, infrastructure failure, public safety concerns, natural disaster or circumstances outside the reasonable control of Westland Markets.

22.3 Where Westland Markets cancels an Event and does not provide a replacement date, Stallholders will be offered either:

a. a refund of the applicable stall fee; or
b. with the Stallholder’s agreement, a credit or transfer to another Westland Markets Event.

22.4 Where an Event is postponed or rescheduled, the Stallholder’s booking will ordinarily be transferred to the new date.

22.5 If the Stallholder is unable to attend the rescheduled date, Westland Markets will determine an appropriate refund, credit or transfer having regard to the circumstances.

22.6 Where an Event cannot proceed because of severe weather, emergency, government or council direction, venue closure, natural disaster or another circumstance outside the reasonable control of Westland Markets, Westland Markets may offer a credit, transfer or refund having regard to any reasonable costs already incurred.

23. STALLHOLDER CANCELLATIONS AND REFUNDS

23.1 A Stallholder wishing to cancel a confirmed booking must notify Westland Markets in writing as soon as possible.

23.2 Where a Stallholder provides at least seven (7) calendar days’ written notice before the scheduled Event date, Westland Markets may provide either:

a. a refund of the stall fee; or
b. a credit or transfer to another Westland Markets Event.

23.3 Where a Stallholder cancels fewer than seven (7) calendar days before the scheduled Event date, the stall fee will be non-refundable and no credit will ordinarily be provided.

23.4 A Stallholder who fails to attend the Event without prior notice will not be entitled to a refund or credit.

23.5 Westland Markets may consider exceptional circumstances, including serious illness or family emergency, on a case-by-case basis. Any refund, credit or transfer provided in these circumstances will be at the discretion of Westland Markets, subject to applicable law.

23.6 Stall fees will not be refunded because of low attendance, poor sales, reduced customer traffic or other commercial outcomes experienced by the Stallholder.

23.7 Outdoor Events may proceed in rain, wind or changing weather conditions where Westland Markets considers it safe to do so. A Stallholder who chooses not to attend or leaves early due to weather will not ordinarily be entitled to a refund or credit.

23.8 Nothing in this clause excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

24. NO GUARANTEE OF ATTENDANCE OR SALES

24.1 Westland Markets does not guarantee attendance numbers, customer numbers, sales, revenue, profit, weather conditions, customer engagement or any particular commercial outcome.

24.2 The Stallholder participates at their own commercial risk.

25. PROPERTY, STOCK AND EQUIPMENT

25.1 The Stallholder is responsible for all stock, cash, equipment, vehicles and personal property brought to the Event.

25.2 The Stallholder is responsible for securing their property appropriately.

25.3 To the extent permitted by law, Westland Markets is not responsible for loss, theft or damage to Stallholder property.

25.4 Stallholders are encouraged to maintain appropriate insurance for stock, equipment and business interruption where relevant.

26. DAMAGE AND INJURY

26.1 The Stallholder is responsible for any loss, damage, injury or claim arising from the Stallholder’s operations, products, services, staff, contractors, equipment or stall setup.

26.2 Any accident, injury, damage, hazard or safety incident must be reported immediately to Westland Markets.

26.3 The Stallholder must cooperate with any incident investigation or reporting requirement.

27. INDEMNITY

27.1 To the extent permitted by law, the Stallholder indemnifies Westland Markets against losses, damages, liabilities, claims, costs and expenses arising from the Stallholder’s participation, conduct, products or services, staff or contractors, equipment or structures, or breach of these Terms.

27.2 Nothing in these Terms excludes, restricts or modifies any statutory right or remedy that cannot lawfully be excluded, restricted or modified.

28. PHOTOGRAPHY, VIDEO AND MEDIA

28.1 Westland Markets may photograph, film or otherwise record Events for marketing, promotional, documentary, social media, website and archival purposes.

28.2 By participating in the Event, Stallholders acknowledge that their stall, signage, products, employees or representatives may appear in photographs or recordings.

28.3 A Stallholder with a specific concern regarding photography or filming should notify Westland Markets before the Event.

29. WESTLAND MARKETS BRANDING

29.1 Stallholders may promote their participation in an Event.

29.2 The Westland Markets name, logo, artwork or other intellectual property must not be altered or used in a misleading manner.

29.3 A Stallholder must not represent themselves as an employee, agent, representative or official partner of Westland Markets unless expressly authorised.

30. CHILDREN

30.1 Stallholders are responsible for supervising any children accompanying them.

30.2 Children must not enter vehicle movement areas, loading zones, restricted areas or other areas that may present a safety risk.

31. ANIMALS

31.1 Animals may only be brought to an Event where permitted by the venue and Event rules.

31.2 Assistance animals are permitted in accordance with applicable law.

31.3 Stallholders remain responsible for any animal under their control.

32. REMOVAL FROM AN EVENT

32.1 Westland Markets may direct a Stallholder to cease trading, modify their operations or leave the Event if the Stallholder:

a. creates a safety risk;
b. breaches these Terms;
c. fails to follow reasonable directions;
d. operates without required permits, registration or insurance;
e. engages in unacceptable conduct;
f. sells unapproved products; or
g. otherwise jeopardises the safe or effective operation of the Event.

32.2 Where a Stallholder is removed for serious misconduct or breach of these Terms, Westland Markets is not required to refund any stall fee, subject to applicable law.

33. FUTURE EVENTS

33.1 Acceptance into one Event does not guarantee acceptance into any future Event.

33.2 Each application may be assessed separately.

34. PRIVACY

34.1 Westland Markets may collect and use personal and business information for assessing applications, managing bookings, operating Events, processing payments, meeting compliance requirements, contacting Stallholders and providing information about future opportunities.

34.2 Personal information will be handled in accordance with applicable privacy requirements.

35. CHANGES TO THESE TERMS

35.1 Westland Markets may amend these Terms from time to time.

35.2 The Terms supplied, published or otherwise made available in connection with a particular Event will apply to that booking.

35.3 Where reasonable, material changes affecting a confirmed booking will be communicated to the Stallholder.

36. GOVERNING LAW

36.1 These Terms are governed by the laws of Victoria, Australia.

36.2 The parties submit to the jurisdiction of the courts and tribunals of Victoria and any courts hearing appeals from them.

37. SEVERABILITY

37.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed to the minimum extent necessary.

37.2 The remaining provisions will continue in full force and effect.

38. ACCEPTANCE OF TERMS

38.1 By submitting an application, making payment, accepting a stall allocation or participating in an Event, the Stallholder confirms that they have read these Terms, understand these Terms, agree to comply with these Terms, accept responsibility for their business operations, hold the required insurance, hold all required permits and registrations, and agree to comply with all Event safety and operational requirements.

38.2 Westland Markets may require the Stallholder to expressly confirm acceptance electronically or in writing before a booking is confirmed.

WESTLAND MARKETS
Melbourne’s West, Victoria, Australia

Markets. Events. Community.