Erin Madeley Consulting
STALL HOLDER TERMS AND CONDITIONS

Thank you for choosing to apply with Erin Madeley Consulting (EMC). Once a stallholder submits their application, the stallholder agrees to adhere to the terms and conditions as outlined in this document. We implore you to read through the terms and conditions carefully to ensure compliance and to prevent future disappointment or disputes.

Applications must be completed clearly and accurately. Specific information is required regarding how your products are made. Erin Madeley Consulting reserves the right to decline applications we deem unsuitable at our discretion and in consultation with Propel Youth Arts.

It is of utmost importance to remember that stallholders are to engage only with the Erin Madeley Consulting management and staff to discuss any issues, rather than the managers or staff of any of our host venues.

2022 COVID Condition
It is a condition of acceptance that all stallholders, staff and volunteers are FULLY VACCINATED against COVID-19 in order to participate.

Products

1. Stallholders are only able to sell products approved by market management as per their application. If you have been accepted into an event and you wish to sell additional products, please submit a request in writing with attached images to EMC for approval. If you have not been accepted to an event you can update your profile in our stallholder portal at any time.
2. Stallholders are not permitted to sell goods on behalf of other businesses. Stallholders who do not comply with this condition will not be approved.
3. It is the responsibility of stallholders to ensure their products comply with the relevant safety and labelling standards for their items. EMC takes no responsibility for products/stallholders who fail to comply with standards and regulations.
4. Stallholders are not permitted to sell offensive, illegal, prohibited, counterfeit or unauthorised goods including goods bearing trademarks for which the stallholder does not have a licence to sell.
5. It is the stallholders responsibility to ensure that the products they are selling do not infringe on any third party rights, including the Intellectual Property rights of other stallholders and businesses.

Stall Applications and Attendance

6. Acceptance of stallholders for participation in events is at the sole discretion of EMC. EMC reserves the right to reject applications and not enter into correspondence or otherwise explain further.
7. Stalls cannot be transferred, sublet, franchised or sold to any other person and cannot be shared without written approval from market management.
8. All stallholders will be informed in writing of their stall allocations, bump in time and location one week prior to market. All stall allocations are final.
9. Stallholders are provided a space for the event for which they have applied and the term of that hire occurs for that event only. Submission of a successful application for one event does not automatically approve stallholders for any future events nor guarantee success or spaces for future events which may be submitted.

Stall Payment, Cancellation and Refunds

10. Successful applicants will have 14 days to make payment of stall fees upon notification of acceptance to the market and issue of invoice which will occur at the time of acceptance.
11. Notification of non-attendance is required in with an explanation provided, in writing, as to the reason for non-attendance.
12. If you decline your stall offer, no fees apply.
13. Once your stall offer is accepted and paid for, should you cancel six (6) or more weeks prior to the market date for which you have been accepted, you will be entitled to a 50% refund of your stall fee.
14. Cancellations received within six (6) weeks or less, prior to the specified market date for which you have been accepted, are non-refundable.

Stall Set-up and Presentation

15. Stallholders bump-in and set up during the three hours prior to market opening time, and must be ready to trade by market opening. Pack up and bump-out must be completed within two hours of market closing. Stallholders who are not set up and ready to trade by market opening forfeit their stall for that market date.
16. Stallholders must comply with the bump in times and locations provided by EMC. Failure to do so will impact acceptance at future events.
17. Stallholders must comply with instructions provided by all market staff on the day, not just management staff.
18. EMC take no responsibility for the weather. Please come prepared for all weather conditions.
19. No stallholders are allowed to fix or adhere anything to walls. Additionally, stallholders are responsible for any damages they incur to our host venues.
20. All stallholders must cover tables with floor length tablecloths, covering all sides of tables. Items not on display for the purpose of selling must be out of sight. Tablecloths must not be a tripping hazard (i.e. tucked so out of walkways).
21. (Food stalls only) If power is required, it is the stallholders’ responsibility to ensure that all leads and electrical equipment are tagged and tested in compliance with workplace laws and regulations.
22. All outdoor stallholders must provide their own gazebo. All gazebos are to be weighted down using appropriate weights prior to commencement of trade. No gazebos are permitted to be pegged into the ground at any time.
Stallholders without weights will not be allowed to erect their gazebo with no exceptions and no refunds.
23. Stallholder displays and materials must stay within their assigned stall space. Failure to do so may result in items being removed by market management for safety reasons.
24. Stallholders must supply their own set up for the market including tables and chairs.
25. Please show all consideration to safety of yourself, your team, your fellow stallholders and patrons. Stallholders must clean up all breakages and spills that occur within their stall space. For any safety concerns you have during the event at or near your stall, please contact EMC staff as soon as possible to prevent injury.

Stall Operation

26. Stallholders agree to trade for the entire duration of the market event they have accepted to participate in.
27. Competitions, raffles or giveaways cannot be run without written approval from EMC.
28. EMC do not permit stallholders to stand outside of their stall space to distribute flyers to passing customers due to impact on fellow stallholders.
29. Stallholders are responsible for the area of their stall and surrounds and must leave the area clean and tidy. Boxes and cartons must be removed from market area. Market bins are not to be used for disposal of stallholder waste or packaging materials.
30. All stallholders must be respectful and considerate of their neighbouring stallholders, their spaces and any shared areas. This is not only to ensure the safety of stallholders and patrons, but to maintain a courteous and friendly environment for all.
31. It is the responsibility of the stallholder to trade in accordance with Market, State and Local Shire regulations.

Stall Close and Pack-up

32. Stalls must not commence pack up prior to the advertised closing time.
33. Stallholders must pack up their stall and transport items to a designated bump out location prior to collecting their vehicle. Failure to do so may impact future acceptance at events.
34. Stallholders must follow directions of market staff at all times to ensure safety.
35. All stallholders are responsible for the removal of their own rubbish and must leave their allocated space in the condition it was found prior to bump-in.

Regulations and Insurance

36. All stallholders must provide their own public liability insurance to the amount of $10 million. Should stallholders not have their own public liability insurance, insurance can be purchased for a fee per market from Perth Makers Market. Stallholders must have provided a copy of their PLI compliance certificate with them prior to the event.
37. EMC are able to provide public liability insurance coverage under the market’s policy for a fee. We are able to cover all product categories with the exception of the following;
a. Children’s Toys
b. Animal Feeds (pet treats and food)
c. Beauty (including soap)
d. Food and beverages
38. Stallholders must not at any time insult or intimidate anyone including other stallholders, customers, visitors and staff. Failure to comply may result in the immediate closure of your stall and you will be prohibited from trading at the next or any future events. You must not engage in any conduct which is disruptive or inconsistent with the purpose of EMC. This includes but is not limited to online bullying, engaging in false claims in online reviews or slander of EMC, our stallholders, our venues or our staff.

Traffic Management and Parking

39. Stallholders must comply with the market’s traffic plan and parking allocation for stallholders.
40. Stallholders are required to unload their market supplies at their allocated bump-in location, and immediately move their car to the allocated event parking.
41. Stallholders requiring assistance when moving between event parking to the event (for any reason) are able to apply to Market Management for an exemption.
42. During Bump Out, stallholders are required to fully pack down their stall and transport goods to a bump out location, prior to getting their vehicle.

Other

43. While all care is given where possible, EMC are indemnified from any theft, loss or damages to persons, money or goods as a result of participating in the markets. Alcohol and drug consumption is strictly prohibited by any stallholders for the duration of the market. Additionally, no smoking is allowed by stallholders within their stall, and all smokers must adhere to smoking locations as allocated by our host venues.
44. Due to the variety of venue restrictions and rules, stallholders are prohibited from bringing their pets.
45. Images of stallholders and stallholder products may be used as promotional material by EMC for media and publicity purposes. By applying to be a stallholder at the market you are agreeing to images of both yourself and your products being captured and then used by EMC through promotions both online and digital.
46. Images supplied by stallholders may be used as promotional material by EMC for media and publicity purposes. By supplying images of you, your stall or your products to EMC, you are confirming that the images are yours, or you have approved photographer’s agreement for use of photography. If permission was not sought for the use of images, any fees or royalties incurred for the use of the image will be invoiced to the relevant stallholder.

Event Cancellation

47. EMC reserves the right to cancel any market event up to 12 hours prior to its scheduled time.
48. EMC will inform vendors via e-mail of event cancellation with as much notice as possible.
49. Event cancellation by EMC will occur for the following reasons:
a. Insufficient stalls booked for the event.
b. Safety (severe weather warnings).
50. If an event is cancelled by EMC due to Safety (severe weather warnings), vendors are entitled to a 50% refund of their stall fee.
51. If an event is cancelled by EMC for other reasons, vendors are entitled to a full refund of their stall fee.

Event Cancellation Due to Pandemic

52. If for reasons due to Pandemic EMC needs to cancel an event, EMC will inform vendors via e-mail of event cancellation with as much notice as possible.
53. Cancellations made more than three (3) weeks prior to the specified market date for which you have been accepted will be refunded in full or transferred in full to a future market date (to be determined by stallholder in conjunction with Market Management).
54. Cancellations made less than three (3) weeks prior to the specified market date for which you have been accepted will be entitled to a 50% refund of your stall fee.

Additional Terms for Food/Beverage Vendors
55. EMC will only allow stalls to trade if their food/beverages are produced in Council registered food premises and appropriate certification can be produced.
56. EMC will only allow stalls to trade if they have a permit to sell their food/beverage as a mobile vendor.
57. Food/Beverage stallholders must be registered with the local council where the event is hosted and pay appropriate council permits.
58. Obtaining and paying for a food/beverage permit is the responsibility of the food/beverage stallholder and must be completed prior to event application.
59. All certificates of registration/permits must be provided as part of the application process.
60. Food/beverage vendors are required to produce a copy of their mobile food/beverage vendors insurance.
61. Food/beverage vendors must supply their own power to their stall unless discussed prior to the event with Market Management.

Limitation of Liability
62. EMC are not liable for any damage, loss or harm stallholders or anyone working with stallholders may encounter as a result of participation in the markets, including physical, psychological and economic harm. EMC are not responsible for any claims, actions, demands or suits that stallholders may face as a result of their conduct.
63. Where disputes are occurring between participating stallholders, in regards to any matter, including but not limited to the Intellectual Property rights of stallholders, EMC will not be directly involved under any circumstances. Should any disputes be actively occurring at any stage during events, we kindly request that those be taken offline, outside of market hours, and without the involvement of other stallholders, venue staff, or EMC management. EMC are not responsible for the maintenance of copyright or Intellectual Property rights of any of our stallholders at any time.
64. Stallholders found in breach of any of the terms and conditions outlined within this document, risk exclusion from future events, determined at the discretion of market management.