PUFT Events Market’s Terms and Conditions March 2024

  • Applications

1.1          Approval of all applications is at the sole discretion of the PUFT Events team.  All approvals will be based on the information given by the applicant on their application, meeting the approved:

  • Product criteria
  • Quality of the products
  • Product distribution
  • Product demand (market mix) and availability

1.2          Management reserves the right to reject applications and not enter any correspondence or otherwise explain the reasons for its decisions. All decisio no ns made by Management are final. Stall rental and stall positions is totally at the discretion of Management and may be changed from time to time. Stallholders do not hold any claim to permanent ownership of allocated sites and can be changed at any time, including on event day.

1.3          Stalls cannot be transferred, sublet, franchised or sold to any other person, nor can

they be shared without written approval.

1.4          Upon applying for a stall, stallholders agree that any images that they supply can be

used to promote any event. Stallholders must only provide images that are they own or have copyright thereof.

1.5          Stallholders must also agree that they will exercise good judgement and always be

respectful, courteous and professional to all PUFT Event and TCC management, fellow stallholders, customers and any others affiliated with the market, in person and on all platforms of social media. Any stallholder social media activity that brings the reputation of the market into disrepute may lead to disciplinary action or immediate termination from the market.

1.6          All new applicants will be reviewed.  An approval will be sent out on the Monday before the         applicant’s first market, this will then be followed by a payment link.

 

 

  • Approved Products

 

2.1          All products offered for sale must be legally able to be sold by the registered

stallholder.

2.2          Products that are clearly imported or purchased from a wholesaler may be accepted

by Management. Any products deemed inappropriate, offensive, or discriminatory

will not be approved

2.3          It is the responsibility of the stallholder to ensure they conform to any safety and

compliance standards pertaining to their product, particularly electrical items or

items for children.

2.4          A stallholder may only offer for sale approved products which have been accepted

by Management on the application form submitted by the stallholder.

2.5          To add new diverse products, a request in writing is required with photos. Products,

outside of the approved items/product type cannot be added to stall unless written

approval is given by Management.

2.6          All products and stall presentation must be of a high standard.

 

 

  • Fees & Insurance

3.1         Stall fees are outlined below as well as on the application procedure form.  Payment can be made two ways with the cost differing between the two.  Prices may be reviewed and amended from time to time, this will be communicated through email correspondence and updated Terms and conditions.

 

Note 1  Fees have had to increase slightly in 2022 due to increases in Insurance and operational costs.

Note 2   Fees include insurance, there is a $5 discount on fees if you have your own insurance (Food vendors must have their own insurance and prices below include the discount).

 

               

Weekly or Fortnightly Vendors 

 

Online payment method or Cash delivered to information tent on market day (before 10am)

3m x 3m market site                      $30 (GST inclusive)

 Additional 3m x 3m                         $25 (GST inclusive)

 

   3m x 3m food site                           $45 including 1 15AMP (GST inclusive)

Larger than 3m x 3mfood site     $55 including 2 15AMP (GST inclusive)

 

Cash payment to PUFT management on request               

3m x 3m market site                      $35 (GST inclusive)

  Additional 3m x 3m                         $30 (GST inclusive)

 

   3m x 3m food site                           $45 including 1 15AMP (GST inclusive)

   Larger than 3m x 3mfood site     $55 including 2 15AMP (GST inclusive)

 

 Casual & Monthly Vendors

Online payment method only

3m x 3m market site                      $35 (GST inclusive)

Additional 3m x 3m                         $25 (GST inclusive)

 

If you are a casual vendor, you will be able to return on the next two weeks FREE of charge.  A casual vendor will:

  • Only be able to claim the free two weeks once on first application
  • Only be able to utilise the two free weeks immediately after their first week, they cannot hold free site for future attendance
  • Be able to decide to move to weekly or fortnightly after the two free weeks

 

3.2          Permanent Stallholders are required to hold a current Market Insurance policy which includes $10,000,000 Public Liability insurance. The policy must be always on site and be accessible for PUFT Events management & TCC to view.  This will unlock a $5 per week discount.

3.3          Stall cost includes market insurance.

3.4          Online fees must be paid by Friday 12pm before the Sunday market, failure to complete payment, or let management aware will result in the site being available for other vendors.

on time is a breach of these regulations and all bookings may be cancelled.

3.5          Payments are only to be made through the online link (sent weekly) or cash on market day.

3.6          To ensure you are able to receive the fortnightly or weekly discount, you be must be defined as a regular vendor, that is, a vendor that attends the market more than 20 times a year, or 5 times a quarter, minimum.  Any vendor that does not attend the market this regularly, is defined as a casual stall holder.       

 

  • Market Days

 

4.1          Registered stallholders must be in attendance during the market trading times as advertised.

4.2          Stallholders must be in the market area 30 minutes prior to market opening hours and ready to trade at the commencement of the trading hours and must continue trading until the market closing time.

4.3          Stallholder must have their vehicles removed from the market area 30 minutes

prior to the commencement of the formal Market trading, unless otherwise communicated by PUFT management.

4.4          Cars are not permitted into market area until 15 minutes after closing time unless otherwise advised by management.

4.5          Notification of non-attendance is required on market days via market mobile (which will be supplied through email) to allow neighbouring stallholders to spread out and fill in gaps. No refunds/credits will be given or considered if cancellation notice is given on market day.

4.6          Copying the ideas and work of other stallholders may be in breach of creative copyright and is not in the spirit of the market. Any grievances must be in writing.

4.7          Raffle tickets or raffle operators that are not approved by the Market Manager and

appropriately Registered may not be sold. Only handbills approved by Management

may be displayed on stalls.

4.8          Products and produce with faults must be clearly labelled and sold as seconds. Only

approved vendors are to sell 2nd hand items and vintage and collectables.

4.9          Market day mobile number is only used on the event day.  All other communication must be made through the [email protected] email address.

 

 

  • Cancellation and Refunds

 

5.1          Notification of non-attendance is required. If no notification is given, then all future

bookings may be cancelled, and any monies paid may not be refunded – at the discretion of management.

5.2          No refunds are given for cancellations that occur on market day.

5.3          If a vendor must cancel an event, it must be done before Saturday 12pm through email – [email protected], otherwise no refund will be given.

5.4          Management is not responsible for adverse weather conditions; however, all payments will be used for the following week.  If vendor is not participating in following week there will be no refunds.

5.5          Permanent stallholders lose their permanent status if they cancel attendance at

more than 6 regular markets in a 12-month period.

5.6          If you have symptoms of COVID-19, have COVID-19 or deemed a close contact of a COVID-19 positive case you MUST NOT attend a market. You must email management and a your payment will either be forwarded to your next market, or refunded.

 

 

  • Adverse Weather

 

Cotters Market is an all-weather outdoor market. Markets will operate in varying weather

conditions and stallholders must be prepared for adverse weather.

 

HEAT POLICY: At the discretion of Management, the market may close one hour earlier if the

outside temperature reaches above 40 degrees. If a CODE RED DAY is called by the CFA or a Cyclone

Alert has been issued by BOM, then the market will NOT operate that day.

 

6.1          Stallholders may pack up their stall due to adverse weather conditions but may not leave unless permission is given by Management.

6.2          No refunds/credits are given regarding reduced trading hours on market days due to adverse weather conditions by the stallholder and/or management.

6.3          In the instance that a venue operator/CFA Code Red/BOM cancels a market date at any time, PUFT Events will transfer all fees paid for to the next market date.  No refunds will be given if the vendor does not attend the next date.

6.4          Management will not be held responsible for any loss including fees paid by stallholders, damage or injury whatsoever resulting from adverse weather conditions.

6.5          In the event that markets are cancelled, stallholders are NOT permitted to trade in

the market area. Continuation to trade will result in termination from the Market.

 

 

  • Occupational Health and Safety

 

7.1          Stallholders must comply with all directions provided by Traffic Controllers on

Market Day.

7.2          Stallholders must not begin setup until Traffic Controllers have deemed the street safe. 

7.3          Traffic Controllers will be on site form 3.30am and will leave site at 2pm.

7.4          Hazard lights must always be on display on any vehicle within the market area, even when the vehicle is stationary.

7.5          Stallholders must drive within the market area at a safe speed that is no greater

than 15km/hr.

7.6          Vehicles are not permitted to enter into the market area 45 minutes prior and no

stallholder vehicle shall be active 30 minutes prior to the markets advertised trading

commencement time.

7.7          Stallholders are required to fully unload and remove their vehicle from the market

site prior to the erection of their stall.

7.8          Within the market area, smoking, alcohol, or illicit substances are not permitted to be

consumed at any stall site.

7.9          Stallholders shall fully dissemble their stall prior to bringing their vehicle onto the

market area at the cessation of the market.

7.10        Stallholder vehicles will only be permitted onto the site after the cessation of trading and when their site is packed down.

7.11        No vehicles are to enter or be active in any of the traffic controlled area during

market trading periods, excluding Emergency or Police vehicles and any vehicles approved by PUFT Events.

7.12        COVID-19 – with the continual threat of COVID-19, all stall holders must adhere to the following:

  • Do not attend if you have any symptoms – ensure you get tested if you do have symptoms, or have been deemed a close contact as per the Government guidelines
  • Ensure you have sanitiser available in site
  • Ensure you wear a face mask if you cannot keep to 1.5m social distance
  • Ensure you are adhering to and practising the 1.5m social distancing policy
  • Ensure you check-in to Cotters Market’s each Sunday using the QR code

 

 

  • Waste and Rubbish Removal

 

8.1          Stallholders are required to remove their own rubbish and waste from their

immediate stall location. Boxes, cartons, and foodstuffs must be removed from

market area by the stallholders. Failure to do so will result in a $20 disposal fee.

8.2          The waste bins provided at the markets are for the general public use only.

8.3          Stallholders are responsible for leaving their site and surrounding area clean, tidy

and undamaged.  Failure to do so will result in a $20 cleaning fee and possible cancellation for future market days.

 

 

  • Stall Set-up and Equipment

 

9.1          Stallholders must provide their own covers and stall set-up which must be good in

presentation.

9.2          Management do not provide any stall equipment, they only provide site area. Equipment may be rented for casual stall vendors

                                1 x table                               $10 (GST inclusive)

                                1 x 3m x 3m marquee    $15 (GST inclusive)

9.3          All stall equipment including racks, tables, signage etc must be contained to the stall site boundaries. Public access ways must always be clear.

9.4          Tents, covers and all stall equipment must always be erected securely and weighted or secured regardless of the weather.

9.5          All equipment must be in good repair and be operated in a safe manner.

9.6          All stallholder sales tables must contain a fabric covering and reach to within 10cm of the ground on all sides facing the public.

9.7          There must be two metres minimum pathway to allow for pedestrians, wheel chairs and motorised vehicles.

 

  • Food Vendors

 

10.1        It is the Stallholders responsibility to apply to the Townsville City Council (Health and Environmental Services department) and obtain and pay any Food Licence registration required.

10.2        Stallholders must supply copies of registration with their local council and the

council in which they are trading, to management.

10.3        Food stallholders must always display their Registration while trading.

10.4        Food stallholders must comply with any local, state & federal health regulations and

food acts.

10.5        Stalls selling sealed alcohol (bottle only) must supply management copies of

liquor license prior to market days.

10.6        Failure to comply with health department standards and regulations may result in

immediate closure of stall and future stalls may only be reinstated once management are satisfied all standards and regulations have been adhered to.

10.7        Stallholders selling take away foods or drinks must have temporary floors at

site on market days.

10.8        All food/drink samplings offered to patrons must be covered and protected from dirt/dust/insects, and compliant with Qld Food Safety Standards and all other associated legislative requirements.

 

  • Power/Gas Equipment

 

Powered sites are limited, and power outlets may only be used with the permission of Management.

 

11.1        Stallholders must ensure that all electrical equipment and leads be tagged in compliance with relevant workplaces regulations or an appropriate Portable RCD is utilised.

11.2        Stallholders must ensure that all gas appliances are approved and in date.  Stallholders using gas appliances must complete the WorkCover Qld self-checklist prior to trading at each market and present if inspected by a representative from WorkCover.

11.3        Stallholders using gas/electrical appliances must have a suitable fire extinguisher or fire blanket on site.

11.4        It is the responsibility of the stallholder to ensure they conform to any safety and compliance standards pertaining to their equipment, including safe covering of leads

in vehicle and foot-traffic areas.

 

 

  • General - Stallholders Code of Conduct and Responsibilities

 

12.1        Stallholders must respond co-operatively to any direction given by Management, or

those affiliated with management in relation to the operation and occupation of their stall, equipment, goods and vehicle during operating times and any direction of a security or safety nature.

12.2        Stallholders, or associates of stallholders, must not act in a verbally or physically abusive, threatening, dangerous, or disruptive manner. Such behaviour will not be tolerated and may result in immediate termination.

12.3        Stallholders must ensure that their activities or behaviour do not endanger the safety or security of any people at Markets.

12.4        Stallholders must not cause damage, make alterations or additions of any nature to, or carry out works of any nature to market site property and that, if any damage is caused, the costs of any repairs, making good or replacement are borne by the stallholder.

12.5        Stallholders must comply with all the terms contained in these Regulations and must comply with any changes to the market Regulations, or any relevant local government and other statutory laws & regulations.

12.6        Stallholders must report to the Management any incident or accident to any person or property that involves loss, injury, or could be expected to give rise to a claim.

12.7        Social Media can only be used as a positive form of networking, advertising and communication.  At no point can you use social media to put the market in disrepute – management have the right to terminate any stall that degrades Cotters or PUFT Events through the use of social media.

 

13.0        Warranties & Representations of Stallholders

 

The Manager permits the stallholder to attend the market in reliance on the following warranties

and representations hereby made by the stallholder.

 

13.1        The stallholder is the owner of the approved products with full power and capacity to sell absolute legal and beneficial ownership of the approved products to a third party without any encumbrance.

13.2        The stallholder is not in reliance on any representation or statement made by the Manager that is not expressly contained in these regulations.

13.3        The stallholder is responsible for obtaining all relevant permits and permits required to operate the stallholder’s business and that all merchandise sold complies with all relevant safety and compliance standards and retails laws currently in force;

13.4        The stallholder does not bring into the market any hazardous or illegal materials or substances; and

13.5        The stallholder will comply with all the terms contained in these Regulations and will comply with any changes to the market regulations, or any relevant local government and other statutory laws and regulations.

13.6        Without limiting the generality of these terms, the stallholder acknowledges and agrees the

manager is not liable for any claim or loss suffered or incurred by the stallholder in relation to or in connection with:

  • Theft or damage of approved products, equipment or goods under the control of the stallholder or any other property of the stallholder at any time including times when the market is not trading.
  • Any failure by the stallholder to sell the approved products;
  • Any journey from or to the market;
  • Anything occurring off the market site, including anything that occurs at market; or
  • Damage or injury to any property or person.

 

These limitation provisions are intended to replace any other terms, conditions, warranties and

representations implied by statue or otherwise and, accordingly, all such terms are excluded unless

the following applies. Certain legislation may imply warranties or conditions or impose obligations

on the Manager which cannot be excluded, restricted or modified or cannot be excluded, restricted

or modified except to a limited extent. The limitation provisions are subject to these statutory

provisions. If the statutory provisions apply, the Manager’s liability is not limited, in the

case of any legislation that prevents any limitation the Manager’s liability or, if the legislation does

permit a limitation of liability, the Manager’s liability is limited to the cost of the Manager refunding

the Stall Fee.

 

 

  • Stallholder Indemnity

 

Without limiting the generality of any other provision of these regulations, the stallholder hereby

indemnifies and holds the Manager and Council harmless from and against all claims for Loss arising

in connection with or in relation to:

  • The Stallholders occupation of the market;
  • 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.

 

  • Exclusion of Liability

 

The Stallholder acknowledges and agrees that the Manager makes no warranty or representation in

relation to or in connection with the stallholder’s occupation or use of the market. Without limiting

the generality of this clause, the stallholder acknowledges and agrees that the Manager has made no

warranty or representation in relation to or in connection with:

  • The prospects of the stallholder for selling the approved products at the market;
  • The stallholder’s access to people visiting the market or the access those people have to the stallholder;
  • The existence, number or quality of products that will compete with the approved products for the attention of prospective buyers;
  • The existence or extent of services and/or facilities of any kind at the market;
  • The position and tenure within the market that the stallholder will occupy;
  • The suitability of the market for any particular purpose or the existence of any latent or patent defect at the market;
  • The extent, if any, to which other visitors to the market might interfere with the

stallholders use of the market;

  • The existence or extent of any advertising or promotional activity or material that may or may not be published or undertaken by the Manager;
  • The existence or extent of any security measures undertaken to protect the

stallholder, the approved products and/or the market against terrorist or other

criminal activity; or

  • The existence or extent of any security at the market;

 

16.0        Manager’s Representations

 

The Manager’s consent to the stallholder to attend the market does not convey to the stallholder

any ongoing rights in relation to the market into the future and such approval can be terminated by

the Manager at any time in writing and without any period of notice. The Manager reserves the

right to undertake any of the following actions without notice:

  • Re-locate a stallholder to another stall site within the market.
  • Require the stallholder to remove from sale any goods or services 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 or to raise the level of quality of presentation of the stall and its products.

 

17.0        Social Media & Advertising

 

17.1        PUFT Events have a strategic advertising regime mapped out each week to ensure we are hitting the targeted audience.  Cotters Market is advertised through social media channels and radio each week.  Due to the Cotters Market being a long term farmers markets, we ensure that our advertising is firstly focussed on fresh food and produce.  We use professional photography and encourage everyone that wants to advertise and share their business, to ensure their photography is of a professional standard.

17.2        PUFT Events encourages vendors to advertise their stall and products on social media, tagging #CottersMarket in their advertising.  This will allow the post to reach our followers.

17.3        PUFT Events will post several posts in the lead up and on the day of each market, focussing on the fresh produce, food and coffee. 

17.4        PUFT Events will post vendor photo’s on social media if the photo’s are of a professional standard and emailed through to [email protected] .

17.5        PUFT Events are happy to source a professional photographer on your behalf, however this will be at a cost.

17.6        At no point, is any vendor to comment negatively on a post or conversation through social media, which management deem to be against the market, other vendors, customers or management.  If this is deemed to occur, depending on the severity, management have the right to refuse future attendance.

 

18.0        Termination

The Manager reserves the right to withhold consent to a stallholder to occupy a stall at the market,

to remove or to have removed from the market, a stallholder who is in breach or does not comply

with the regulations, including where a stallholder:

  • Fails to pay their stall fee in a timely manner.
  • Fails to abide by the markets set up or pack up conditions.
  • Fails to adhere to any of the mentioned items in these terms and conditions.

 

19.0        Traffic Management

This section helps explain all facets of the traffic management plan, including bump in and out times as well as guidelines that must be followed by all stall holders.  Cotters Markets engage A20 Traffic Management for all traffic mitigation, therefore you must adhere to all directions given to you by A20, as well as Cotters management.  Adhering to all traffic regulations will ensure a safe street for all vendors, event staff, consumers and pedestrians.

 

19.1        Whilst being on the street during bump in and out times, you must not drive any faster than 10km/hour and must have your hazard lights on at all times.  If you are driving faster than a walking pace, you are driving too fast.  This is a shared space with pedestrians and you must give way to all pedestrians at all times.

 

19.2        Flinders Street is a one way street during market times and during the hours that the traffic mitigation plan is in place i.e., 4am through until 3pm.  You must drive in through the Stanley Street end and exit either through the Denham Street exit, or the Stoke Street exit.  At no times are you to reverse up the street.

 

19.3        Whilst on the street, you must ensure that the left lane of the road is always open i.e., you are never blocking this lane for through traffic.  When unloading, you must either use the carparks next to your site, or if that is not available, utilise the right hand land.

 

19.4       Bump-in occurs from 6am until 7.30am, with the street closing at 7.45am.  Upon entering Flinders Street from Stanley street end, you must place your hazard lights on so traffic management knows that you are a vendor. You must have your vehicle off Flinders Street by 7.45am, to ensure there is a smooth start time of 8am.  Once entering the street, you must remove all your site equipment from vehicle and then exit the street to park.  You can then complete site setup once returned to site. This is important to ensure that the street is not full of cars at any point.

 

19.5       Parking continues to be an issue once exiting the street.  You are not to park in the close proximity of the street, allowing these car parks for our customers.  Parking is available for vendors in the TCC carpark on Walker Street, next to the courthouse area.  This is only 300m from Flinders Street.  You are only permitted to park close by if you are disabled or unable to walk the 300m.

 

19.6        Bump-out occurs strictly after 1.15pm.  Traffic management will not allow cars onto the street before 1.15pm.  It is also not permitted to line up ready to come in at 1.15pm as this can cause a safety risk.  Before getting your vehicle, ensure that your site is packed up and ready to be loaded into the car, to minimise your time on Flinders Street. Before, entry, you must put your hazard light on so traffic management is aware that you are a vendor. Please remember, we are all people and want to get back to our homes and families as soon as we can, however safety is the biggest concern, and an extra five minutes of patience will ensure we do get home safely.

 

19.7 Failure to adhere to these guidelines will result in an initial warning, and could result in you being banned to participate on Flinders Street.