Troppo Market Rules & Regulations

The Rotary Club of Mackay North Troppo Markets is organised and operated by the Rotary Club of Mackay North Inc. Members of the Club volunteer their services to supporting the community. The intent of the Troppo Markets is to provide a family friendly atmosphere with a variable range of vendors with the final objective being fundraising and allocating proceeds from the market to local community organisations and club projects.

1. CONTACT DETAILS

2. CONTACT DETAILS

In these Regulations:

Application means any document or written correspondence (including in electronic format) that has been submitted by a Stallholder when applying to the Manager for approval to trade at the Market and any updated Application completed by the Stallholder from time to time.

Approved Products means those goods and services for which the Manager has granted to the Stallholder approval to offer for sale and sell at the Market. Such goods and services must be described in the Application. The Manager reserves the right to provide approval to a limited selection of the goods and services described in the Application or to revoke approval or otherwise alter the goods or services permitted to be sold at the Market at any time.

Manager means, the Rotary Club of Mackay North Inc. members who have the licence or permission to control, operate and regulate the Market including the authority to grant or withhold approval to any person/s or legal entity to attend, occupy or undertake Trading Activity at a Stall at the Market.

Market means the specific Market/(s) nominated by a Stallholder in the Application and subsequently indicated by the Manager when confirming that an Application has been approved.

Marquee/Gazebo means any covered structure that is erected within the boundaries of a Stall or otherwise occupied by a Stallholder at the Market.

Regulations means the terms and conditions in this document and the Stallholder Information upon which the Stallholder occupies and uses a Stall, as amended from time to time.

Site Manager means the person/persons appointed by the Manager to manage the Market on a trading day.

Stall means an area within the Market that is designated by the Manager for the purposes of Trading Activity by a Stallholder. This area will usually be indicated as that space defined by a perimeter. Any alternative area will be defined by the Manager and indicated to the Stallholder as a condition of approval.

Stallholder means a person, persons or legal entity and their employees, staff, agents or representatives that have been granted approval and authorisation by the Manager to use a Stall and undertake Trading Activity at the Market.

Stall Fee means the amount charged by the Manager and payable by the Stallholder as consideration for the approval of the Application. The Stall Fees are included on the Website and can be amended from time to time.

Trade at the Market means occupy a stall and undertake Trading Activity.

Trading Activity means activity where goods or services are offered for sale, sold or promoted.

Website means the Internet address that is controlled by the Manager and which pertains to each specific Market the Manager has the licence or permission to control, operate and regulate.

Words in the singular include plural and in the plural include the singular. Where there is more than one person, partner or legal entity noted on these Regulations then these Regulations shall apply jointly and severally.

3. STALL HOLDERS INFORMATION

Location:

  • Mount Pleasant Centre Lower Level Carpark

Trading Day and Hours:

  • 2nd Sunday of each month (Except for December, which is the 1st Sunday) 7:30 am – 11:30 am

Set Up and Pack Up Times:

  • Set Up: 5:00 am – 7:00 am Pack Up: 11:30am – 12:30 pm Carpark must be cleared by no later than 12:30 pm

Toilets:

  • Mount Pleasant Centre toilets are accessible from the second story parking lot door near the food court from 5:00 am until 8:00 am. After this time, access is available through the normal shopping centre access doors.

Stall Fees:

  • Stall fees vary dependent on your location – Currently: Undercover – $25.00 (incl. GST) Outside – $20.00 (incl. GST). No discount for adjacent stalls. NB: It will be Stall Holders responsibility to have their own Public Liability Insurance. If you do not have this insurance, you are not allowed to operate in the market.

Not for profit organisations:

  • No charge. We do have a limit of two “not for profit organisations” each market day. These will be at the absolute discretion of the Market Manager

Busking:

  • This will be at the absolute discretion of the Market Manager, and the busker must remain in the area allocated by the Market Manager. There is no charge for a Busking Site.

Stall Sizes:

  • Stall sizes may vary slightly but are generally 2.6mts x 5.0mts (size of existing carpark at the Centre)
  • Gazebo’s common size is 3.0mt x 3.0mts; this may create issues with stall owners adjacent to you.
  • If the matter cannot be resolved in an amicable manner and it goes to dispute, the offending gazebos will be withdrawn.
  • Proactive approach is for stall holders to have compliant gazebo’s that fit within stall holder’s allocated area (2.6mt x 5.0mt)
  • There is adequate headroom in the undercover section to accommodate typical gazebos. No pegs can be applied for tie down due to the bitumen surfacing. Stallholders who erect gazebos need to consider anchoring (e.g. sandbags) for windy conditions and the protection of public safety

How do I apply for a stall?

Permanent stallholders:

  • If you are a permanent stall-holder you MUST pay one month in advance this applies to both undercover and open aired stallholders.
  • Stall fees may be credited to another month only if bookings are cancelled 48 hours prior to the scheduled Troppo Market date – 2nd Sunday of the month.
  • Permanent stallholders who give less than 48 hours’ notice of non-attendance will forfeit their stall rental for that month.
  • The stallholder will be required to pay for the next market within 14 days of receiving notice. Failure to pay on receiving notice within the 14-day period will result in cancellation of stallholder’s permanent site.

Temporary Stallholders:

  • If you are a temporary stallholder and give less than 48 hours’ notice of non-attendance you will not be invited back to the markets.

Site Allocation/Reallocations:

  • Any permanent stallholder relinquishing their sites temporarily or permanently must notify the Troppo Market Manager for reallocation.

Vehicle Parking:

  • Stallholders are not to park in the undercover parking area outside the market enclosure or in the parking area on the upper deck as these car parks are reserved for customers of the Mount Pleasant Centre.

What You Can Sell:

  • You can sell arts, crafts, handmade items, clothing, accessories, jewellery, bric a brac, photographs, records, CD’s, DVD, vintage clothing, home cooked cakes and the list goes on. If unsure contact the Market Manager.

What You Cannot Sell:

  • Drugs, fake or counterfeit items
  • Alcoholic drinks or products
  • New and used cars and motorbikes
  • Fireworks
  • Pornographic material
  • Flammable liquids
  • Weapons of any description – Firearms, Bows & Arrows, Spear Guns, Swords, Knifes etc.
  • Live ammunition
  • Cigarettes, Tobacco and other nicotine based products
  • Daily newspapers
  • Tickets in Art Unions, Raffles etc.
  • Pharmaceuticals
  • Chemicals
  • Hot food
  • Soft drinks, Juices or water
  • Any item or good that may result in a contravention of copyright legislation e.g. pirated/copyrighted content such as music.
  • Anything advocating a political or religious organisation

Basically if it’s illegal, offensive or remotely dodgy then we won’t have it at the market.

Prohibited Activities:

  • No fires or naked lights will be permitted within the confines of the market. This includes burning incense or candles.
  • Smoking within the market or within a minimum of five metres around the entrance to the market
  • Use of car/truck batteries without suitable covering to prevent accidental shorting of terminals
  • POLITICS Religion Petitions

Restricted Activities:

  • Determination by Risk Management (Identified hazard and Control Effectiveness)Diesel /petrol powered generators are restricted must have a completed Risk Assessment approved and signed by Troppo Market Manager.
  • Electrical leads 240 volt – All electrical leads to be compliant must have current in date testing and tagged. Testing and tagging of electrical leads to be conducted by an authorised licenced provider.

Stallholders Public Liability insurance:

  • If you DO NOT HAVE public liability insurance cover your stall fee, you will not be allowed to operate.
  • If you DO HAVE public liability insurance cover, supply a copy of your public liability insurance certificate to Troppo Market Manager via email or supply a paper copy in person. As a casual stallholder you need to verify the certificate to Mackay North Rotarians collectors on market day. If you can’t supply a certificate, you will not be allowed to operate.
  • It is the responsibility of the stallholder to ensure that the insurance is renewed and remains current for the term that the stallholder undertakes trading activity at the Troppo Markets.
  • Policy Wording Lloyd’s of London Combined Liability Policy Wording available from www.stallinsure.com.au

What Do We Supply?

  • We only supply the stall space, a friendly attitude and supportive role. We do not supply tables, chairs, gazebos, electrical leads, racks or anything you may need to display your goods. This is solely your responsibility.

4. MANAGER'S RIGHTS

The Manager’s approval to the Stallholder to Trade at the Market does not convey to the Stallholder any ongoing rights in relation to the Market and such approval may be terminated by the Manager at any time in writing and without any period of notice. The Manager has the right to withhold or cancel an approval to a Stallholder to Trade at the Market, to remove or to have removed from the Market, a Stallholder who is in breach or does not comply with these Regulations, including but not limited to where a Stallholder:

  • fails to pay their Stall Fee in a timely manner;
  • fails to abide by the Market’s set up or pack up conditions;
  • fails to abide by the Market’s Trading Hours;
  • fails to limit the products offered for sale to Approved Products;
  • commits a criminal act at the Market;
  • or behaves in a manner that is abusive or offensive that the Manager considers is inappropriate or may bring the Market into disrepute;
  • or purports to assign or sublicense a Stall or fails to comply with its obligation relating to vehicle and traffic control

The Manager has the right to undertake any of the following actions without notice:

  • re-locate a Stallholder to another Stall within the Market;
  • require the Stallholder to remove from sale any good or service offered by the Stallholder which are not Approved Products;
  • or request that the Stallholder undertake any reasonable measure which in the opinion of the Manager will improve the safety of the Stall.

5. SIGNAGE

Stallholders must not erect any advertising display or signage unless the Stallholder has received the Manager’s prior authorisation which may be withheld in the Manager’s absolute discretion.

6. STALL HOLDER INDEMNITY

Without limitation the Stallholder hereby indemnifies and holds the Manager harmless from and against all claims for loss or damage arising in connection with or in relation to:the Stallholder’s attendance of the Market and use of a Stall;

  • the sale or attempted sale of the Approved Products or any other products or services; any injury or harm suffered by the Stallholder;
  • any injury or harm caused to any property or suffered by any person as a direct or indirect consequence, in whole or in part, of any act or omission by the Stallholder;
  • any loss of or damage to the Stallholder’s property regardless of the cause of that loss or damage;
  • the death of any person of a consequence, in whole or in part, of any act or omission by the Stallholder;
  • any breach of these Regulations by the Stallholder; or any legal costs on a full indemnity basis incurred by the Manager as a result of the Stallholder’s breach of these Regulations.

Without limitation, the Stallholder acknowledges and agrees the Manager is not liable for any claim for loss or damage suffered or incurred by the Stallholder in relation to or in connection with:

  • theft or damage of Approved Products, equipment or goods of or under the control of the Stallholder or any other property of the Stallholder at any time including times when the Market is not trading and such products, equipment, good and property are stored overnight in a Marquee, tent or umbrella supplied by the Manager;
  • any failure by the Stallholder to sell the Approved Products;
  • any journey of the Stallholder from or to the Market.

7. STALLHOLDER OBLIGATIONS & RESPONSIBILITIES

The Stallholder agrees that at all times at the Market, it will:

  • comply with any direction given by the Manager in relation to the operation and use of a Stall, equipment, goods and vehicles during set up and pack up out activities and any direction of a security or safety nature;
  • ensure that its activities do not endanger the safety or security of any person; not cause any 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 Stallholder will bear the cost of repair or making good or replacement;
  • behave in a professional manner that is not offensive or rude to other stallholders, customers or volunteers
  • leave the site in the condition in which it was before the Stall was set up for the day and that if any damage is caused to the site, then the Stallholder will bear the cost of making good;
  • not operate or use any amplified sound equipment of any nature without the express permission of the Manager;
  • keep the Market and its immediate surrounds clean, tidy, presentable and free from waste;
  • 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 or any other Stallholder;
  • immediately 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 any injury to any person, or any loss of 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 immediately reported directly to the Manager;
  • or vacate the Market immediately after being requested to do so by the Manager.

8. STALLHOLDER WARRANTIES & REPRESENTATIONS

The Stallholder gives the following warranties and representations on which the Manager relies:

  • the Stallholder has the legal and/or beneficial ownership of the Approved Products without any encumbrance;
  • the Stallholder has not relied on any representation or statement made by the Manager in deciding whether to seek an authorisation for a Stall from the Manager.
  • the Stallholder has all relevant permits required to operate the Stallholder’s business and that all Approved.
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