Terms and Conditions

Moonlight Market Bendigo

Operating Terms and Conditions:

Please note: Management can terminate this agreement, alter any rule or term, from time to time, by notifying stallholders with one week’s notice, in writing. Such changes will be effective of the date referred to on the letter.

Application:

Moonlight Market is a boutique night market, showcasing high quality stalls. We allow a wide range of goods to be sold, including new (must be high quality and not mass produced), vintage and collectables, handmade, food and services. Party plan is not permitted. Stall selection is at the sole discretion of the market organisers and no discussion will be entered into about unsuccessful applications.

We take your application seriously, as we try to offer the public an array of interesting retail vendors. Moonlight Market Bendigo reserves the right to refuse you access if we feel that your product or brand does not reflect the style of our event. Stallholders must not sell any counterfeit or copied goods. Legal action may ensue.

Moonlight market Bendigo reserves the right to refuse admission to the Market to any person without giving any reason and to eject or cause to be ejected any person and his/her goods and chattels without giving any reason. This decision is final and binding.

Products allowed for sale:

Only products approved by Moonlight Market Bendigo are permitted for sale at you stall. This is to ensure a variety of items for customers to choose from and minimal doubling up of similar items.

Any times no previously approved for sale may result in their removal from your stall. Moonlight Market Bendigo’s discretion in this instance is final.

Acceptance of stall:

Acceptance of your application will be via an invoice emailed to you and a confirmation after the invoice is paid. Payment is due 30 days after receipt of invoice. Fees can be made by direct deposit, with payment details outlined in your invoice. If payment is not made within 30 days, there is a late administration fee of $25. This fee is non-negotiable and applied to your unpaid account after 30 days from date of invoice. 

Refunds/Credits:

There are NO refunds or credits provided once payment is made for any reason whatsoever. This includes if the market is cancelled for any reason, including bad/extreme weather and any event or incident that results in the market being called. 

Stall space and requirements:

When you submit your application, you acknowledge and agree that the you have applied for the space only. You must bring your own gazebos, tables, battery operated lighting, chairs etc. Power is available on a very limited basis and must be agreed to at the time of application.

There are 2 stall sizes, 2 x 2 metres and 3 x 3 metres. Stallholders must not extend beyond the allocated space of their stall. Please note that this is an OUTDOOR market with no coverage and that there is no access to walls for stall display. Stalls must be free standing. 

Weather
The market may operate in varying weather conditions.
You should not apply for a stall unless you are prepared to take the risk on weather.
It is the responsibility of the stallholder to bring their own covers and other equipment for the purpose of protection in adverse weather conditions.
If the market proceeds in the case of inclement or adverse weather conditions, it is solely at a stallholder’s discretion as to whether the stallholder will set up, commence, continue trading, cease trading, or pack up on the day.
The stallholder must advise market management of their intention to cease trading and pack up.
Market management will not be held responsible for any loss, damage or injury whatsoever resulting from adverse weather conditions or any decisions it market in relation to the continuation of trade during adverse weather conditions. 

Vehicle & Traffic Control

Stallholders must comply with the terms of the market’s traffic plan (as amended from time to time) and must abide by the instructions of market management regarding the movement and parking of vehicles at the market, on the public roads and in areas within the immediate vicinity of the market.

Vehicles in the market area are to drive within market at 5 kph at all times.

Stallholders must comply with local traffic rules and regulations on the public roads and in areas in the immediate vicinity of the market and must not park illegally, double park in traffic lanes, park in driveways, queue across traffic intersections, undertake illegal U turns or traffic manoeuvres, or otherwise hinder traffic in the streets surrounding the market during their setting up or packing up procedure.

Signage:

Moonlight Market Bendigo reserves the right to remove any signage, information or material, which is deemed not suitable. It is your responsibility as the exhbitior to manage all of your own signage. We suggest vendors keep it clear and visible to ensure patrons can acknowledge your brand.

Rubbish:

All stallholders must maintain their stall in a clean and tidy manner and must take away all unsold items, boxes and rubbish etc. Rubbish bins are for the general public only and stallholders are not permitted to use these bins to dispose of rubbish from their stalls. If rubbish is left, a fee will be issued and payable within 2 working days after this event.

Power:

Power is available on a very LIMITED basis only. Power access must be agreed upon at the time of your application and acceptance. Please note that whilst the mall is lit at night with ambient lighting, stallholder’s, especially those with gazebo’s, will still require battery operated lighting. Stallholders using power must supply their own power centre to avoid any disruption to the power supply should your stall trip the power.

Stall sharing and position:

We do not allow sharing of a stall unless it is with our express permission.

Stall allocation will be decided by the Moonlight Market Bendigo team and no stand selection will be available to applicants.

Food stall requirements:

Food trucks and food stallholders must be registered with Streatrader and be able to provide a Statement of Trade.

Please note there is no access to water or cooling/refrigeration storage Please make sure if this is needed it is supplied by you.

Safety:

Safety is important to us. It is the responsilbity of the smallholder to ensure that all safety regulations for food, gas and electrical equipment are adhered to. All the required certificates must be obtained by the stallholder, such as RSAs, food registrations and notifications to the local council.

You warrant that all electrical equipment being brought to Moonlight Market Bendigo must be tagged and tested to Australian Standards prior to entering the premises. Failure to do so may result in your stall being cancelled and all fees payable being forfeited.

It is the stallholder’s responsibility to ensure that all of the equipment brought to the market is erected securely, is operated in a safe manner and that gazebo weights are used. Gazebo’s will not be allowed to be erected without gazebo weights. 

Public Liaiblity Insurance:

Moonlight Market Bendigo has taken out a $10,000,000 public liability insurance policy to cover stallholders. It is a strict requirement that the smallholder must have in place, a public and product liability for $10 million if the smallholder sells cosmetics, oils, fragrances, soaps or other beauty products.

Our insurance policy will NOT cover food trucks, hot food or coffee stallholders or street performers. If you fall into this category then you must have your own insurance.. Stallholders are responsible for any excess payments if a claim is made (currently $5,000 as at 1 May 2016) and stallholders agree to indemnify Moonlight Market Bendigo against any such claim. 

Dogs:

No dogs are allowed at the market.

Smoking/Alcohol:

No smoking or alcohol is allowed by stallholders at the market.

Damage:

You will be liable for any damage to the venue caused by you/your stall/ representative, your display, fixture or fittings. 

Termination of Contract:

Termination of contract by either party will only be accepted in written form. 

Stallholder Indemnity
Without limiting the generality of any other provision of these terms and conditions, the stallholder hereby indemnifies and holds market management harmless from and against all claims for loss arising in connection with or in relation to:
- the stallholder's 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 terms and conditions by the stallholder; or
- Market management’s legal costs on a full indemnity basis incurred as a result of the stallholder's breach of these terms and conditions.

Stallholder Warranties & Representation

Market management permits the stallholder to attend the market in reliance on the following warranties and representations hereby made by the stallholder:

- 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;
- the stallholder is not in reliance on any representation or statement made by market management that is not expressly contained in these terms and conditions;
- 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;
- the stallholder does not bring into the market any hazardous materials of substances; and
- the stallholder will comply with all of the terms contained in these terms and conditions and will comply with any changes to the market terms and conditions, or any relevant local government and other statutory laws and regulations.

Without limiting the generality of these terms and conditions, the stallholder acknowledges and agrees that market management 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 and such products, equipment, good and property are stored overnight in a marquee, tent or umbrella supplied by market management;
- any failure by the stallholder to sell the approved products;
- any journey from or to the market; or damage or injury to any property or person.

Trading Hours

Trading activity is permitted during the trading hours of 5 pm – 9:00 pm. All stalls must be set up and ready to trade at the commencement of the trading hours and stallholder’s must to trade for the full duration of the market.

Stallholders must cease trading and commence their packing up procedure at the end of the trading hours and must ensure they are off site in accordance with the hours of setting up and packing up procedure that is outlined in the letter sent once payment of stall has been received by market management.

Stallholders who have booked and paid their stall fee shall be entitled to a stall only until the commencement of trading hours.

Once trading hours have commenced, stallholders who have not occupied their stall by this time may forfeit their stall booking and will not be entitled to any credit or refund of stall fees and market management reserves the right to allocate the stall to another stallholder.