The Contract

1. The term “Organiser” refers to Zero 2 Five Market.

2. The term “Seller” includes any person, firm, company or corporation and its employees and agents identified in the Application Form or other written request for selling space.

3. A “contract” is formed between the Organiser and Seller when the Organiser accepts the signed Application Form and receives a 100% of the total payment. The Organiser will then issue a confirmation receipt to the Seller.

4. The Organiser may cancel the contract at their discretion if the agreed payment is not received within 7 days of lodging the Application Form.

Additionally the Organiser reserves the right to cancel the contract by returning the payment within 28 days of receipt.

The Application

5. An official Sellers Booking Form must be received to reserve space.

6. The Organiser reserves the right to refuse application or prohibit any Seller from participation without assigning a reason for such refusal or prohibition.

Obligations and Rights of the Organiser

7. The decision of the Organiser is final and decisive on any question not covered in this contract.

8. The Organiser agrees to hold the market however, reserves the right to postpone the market from the set dates and to hold the market on other dates as near to the original dates as possible, utilising the right only when circumstances necessitate such action and without any liability to the Organiser.

8a. The Organiser will not refund stall hire fees paid in the case of cancellation of market due to factors out of our control.

9. The Organiser agrees to promote the market to maximise participation.

10. The Organiser agrees to allocate the Seller a table space as close as possible to their desired location.

11. The Organiser reserve the right in unforeseen circumstances to amend or alter the exact site of the location of the table and the Seller undertakes to agree to any alteration to the site or the space re-allocated by the Organiser.

12. The Organiser reserves the right to change the market floor layout if necessary.

13. The Organiser is responsible for the control of the total market area.

14. The Organiser may shorten or lengthen the duration of the market and alter the hours during which the market is open.

15. The Organiser may refuse without limitation to permit activity within the market or may require cessation of particular activities at their discretion.

16. The Organiser reserves the right to specify heights of walls and coverings for display areas.

17. The Organiser reserves the right to disapprove the content and presentation of the Seller catalogues, acknowledgements, handbills and printed matter with respect to the market.

18. The Organiser may determine the hours during which the Seller will have access to the market venue for the purpose of setting up and dismantling.

19. The Organiser reserves the right to refuse any person including Seller staff, representatives, visitors, contractors and/or agent’s entry to the market if they have not paid to be there.

20. The Organiser will specify conditions relating to the movement of goods and displays, prior, during and after the market.

21. The Organiser will not be responsible for security onsite during the period of the market for stall holders goods or monies and will accept no liability for theft, loss or damage.

Obligations and Rights of the Seller

22. The Seller must ensure that all accounts are finalised and paid prior to the allocated market move-in period.

23. The Seller must use allocated space only for the display and promotion of goods and/or services within the scope of the market.

24. The Seller must make every effort to maximise promotion and commercial benefits of participating in the market.

25. The Seller must comply with all applicable laws, including laws in relation to occupational health & safety. The Seller will therefore act with care to avoid damage to persons or property in the market.

26. The Seller must ensure the cleanliness and tidiness of their allocated space. Upon the conclusion of the market the Seller will promptly remove all products & goods. If the Seller fails or refuses to do so, the Organiser will make arrangements for this to done by an external party at a cost to be paid by the Seller.

27. The Seller will not display an exhibit in such a manner as to obstruct or affect neighbouring Sellers. This includes blocking or projecting light, impeding or projecting into aisles or neighbouring market spaces.

28. The Seller is responsible for all items within their allocated market space.

28. The Seller agrees to adhere to all fire regulations and will refrain from using flammable or dangerous materials within the market.

29. The Seller will not use nails, screws or other fixtures on any part of the premises including walls and floor. In any case all permanent damage will result in the Seller being invoiced for all repairs.

30. The Seller agrees to abide by requests made by the Organiser to stop any activity that may cause annoyance to others in the market.

31. The Seller agrees to conduct all business transactions within their allocated market space.

32.   Code of Conduct – Child Protection

i) Should be aware of child abuse and child protection issues

ii) Will respect all children visiting or attending th market with other stallholders

iii) Will use appropriate language around all children in the market

iv) Will not use physical contact with a child unless the parent/carer is present and aware

v) Will not leave a child in charge of a stall alone at any time

Procedure – Child Protection

In order to make the market a safe experience for children, stallholders should:

i) Ensure children are made to feel welcome

ii) Raise any issues or concerns regarding the safety of children to the market organisers as soon as they arise where possible

iii) Give feedback on the child protection procedures

Consequences for breach of the code of conduct – Child Protection

Stallholders who breach the code of conduct will not be permitted to hold a stall at future markets. No refunds of future payments will be made.

Stallholders who breach the code of conduct will be deemed to be potentially putting a child at risk of harm.

Storage of goods

32. Unless otherwise communicated storage will not be provided onsite at the market. Under no circumstance are goods permitted to be stored in public access areas.

 

Insurance and Liability

33. The Organiser has Public Liability

Insurance covered for the period of the market for paying pre loved customers only.  Paying business stalls must email/fax their own public liability for insurance purposes

34. Sellers agree to indemnify and hold the Organiser harmless in respect of all damages, injuries, costs, claims, demands, expenses and interest for which the Organiser may become liable.

35. Whilst the Organiser will endeavour to protect market property whilst on display at the market, it must be clearly understood that the venue, the Organising Committee and the Organiser cannot accept liability for any loss or damage to property sustained or occasioned from any cause whatsoever.

36. The Organiser shall not be liable for any loss, which Seller may incur as a result of the intervention of any Authority, which prevents the use of the premises or any part thereof in any manner whatsoever.

37. The Organiser will not be liable and makes no guarantee of the number of visitors to the market. Equally the Organiser will not be accountable for the level of commercial activity generated.

 

Payment & Cancellation

38.  CHOOSE CAREFULLY AS NO REFUNDS WILL BE GIVEN.

39. In the event that the Seller fails to occupy their allocated market space by the advertised opening time, the Organiser is authorised to occupy this space in any manner deemed to be in the best interest of the Market. The Seller contracted to this space will remain liable to all Terms and Conditions of Contract and will not be eligible for a refund.