Terms and Conditions
Terms and Conditions
Terms and Conditions of the SHIRE COMMUNITY MARKETS Trading as: Berowra Farmers Fine Food, Wine & Handcraft Market
TERMS AND CONDITIONS – MARKET REGULATIONS
These Regulations apply to all Stallholders. Strict compliance with them is a term and condition of the contract for the hire of a stall site.
Stallholders must appreciate that the Berowra Farmers Fine Food, Wine & Handcraft Market is a community farmer’s market activity. It is essential, therefore, that all Stallholders cooperate and play their part in ensuring that the Berowra Farmers Fine Food, Wine & Handcraft Market is profitable, enjoyable and safe for everyone.
This includes complying with the streamlined commercial and administrative terms, especially regarding bookings and payment, the insurance terms and the risk management and accident prevention terms. This particularly includes treating the Market Manager requests with courtesy and respect at all times and complying with all directions and dispute resolution determinations.
Enquiries about these Market Regulations should be made to the Market Manager or, if they are not available, to the staff on duty. The Market Manager is always interested in ways to improve the Berowra Farmers Fine Food, Wine & Handcraft Market and written comments on these Market Regulations are welcome.
These Market Regulations will be reviewed regularly as required.
Commercial and Administrative Terms
1 The Parties
1.1 The Berowra Farmers Fine Food, Wine & Handcraft Market are run by Shire Community Markets Inc. Any reference in these Market Regulations as the Market Manager includes a reference to the Berowra Farmers Fine Food, Wine & Handcraft Market and the market organising staff.
1.2 The Stallholder is the applicant seeking to hire a stall site as listed on the application in the online booking system. Both, the business trading name and the legal status of the Stallholder must be identified clearly and precisely in that application.
1.4 Any reference in these Market Regulations to the Stallholder includes a reference to the employees, casual workers, contractors, outworkers, agents or other staff of the Stallholder.
1.5 All business transactions between Stallholders and the Berowra Farmers Fine Food, Wine & Handcraft Market are strictly a Commercial Venture and not as a “Master Servant” relationship.
1.5 The word “consecutive” denote no absenteeism from a market day, for any reason.
2 Stallholder Application and Bookings
2.1 Stallholder applications are available at the Berowra Farmers Fine Food, Wine & Handcraft Market website @ www.berowramarket.com.au
2.2 Submitted applications are reviewed by the Market Manager. Once an application has been accepted, Stallholders will receive an invoice payable with your credit card or online.
2.3 A booking will only be valid if it has been paid and has been confirmed in writing with the issue of an online receipt.
2.4 The requirements of Market Regulations 2.1, 2.2 and 2.4 may only be waived by the Market Manager and only in exceptional circumstances.
2.5 The Market Manager may refuse any booking for any reason including, but not limited to, for breaches of these Market Regulations.
2.6 Past hiring of a particular stall site will confer no right to hire that stall site in the future. However, the Market Manager will do all that it reasonably can to allocate to Permanent Stallholders the stall site of their choice. To reduce the chance of disappointment, Stallholders desiring a particular stall site should discuss this with the Market Manager and must book and pay that stall site at least two markets in advance prior to the relevant market day.
2.7 Regular Stallholders should make it a practice always to book at least two markets in advance taking advantage into account the refund provisions in Market Regulation 5.
2.8 It is a serious breach of these Market Regulations for Stallholders to set up for business on a stall site if they do not have a valid booking. Such conduct causes significant problems and inconvenience for the Market Manager and other Stallholders. In these circumstances, the offending Stallholder must pay an additional charge of $40.00 and must also comply immediately with any directions that may be issued by the Market Manager. These directions may include, but are not limited to, requiring the offending Stallholder to move to another stall site or to leave the markets. Repeat offenders may be banned from trading in any future markets.
2.9 Stall sites may become available each market day due to cancellations or due to stall sites being reallocated in the circumstances set out in Market Regulation 11.5. Applicants who miss out on a booking may apply for these stall sites by placing their details on the waiting list kept by the Market Manager from 7.00 am on the market day. Any available stall sites will be allocated at 7.30 am.
3 Stall Hire, Absenteeism, Cancellations and Ceasing Attending
3.1 In order to allow customers to familiarise with products offered by new Stallholders, all new Semi-Permanent and Permanent Stallholders must commit to attend six (6) consecutive markets.
3.2 Stallholders must pay for two (2) markets in advance via a valid credit card.
3.3 Stallholders must notify the Market Manager in writing two (2) markets in advance their intentions and reason to be absent a market day.
3.4 Cancellations for reasons other than deemed reasonable by the Market Manager, i.e.: weather, transport problems, attending other markets, staff problems or simply not wanting to come are not deemed as reasonable reasons to cancel.
3.5 If a permanent or booked stall cancels for any reason not deemed as reasonable, then full rent for that day is payable.
3.6 Stallholders must give notice, in writing to firstname.lastname@example.org, of their intention of ceasing attending future Berowra Farmers Fine Food, Wine & Handcraft Market by giving notice two (2) markets in advance.
3.7 If payment for an invoice is not received by the due date, it will attract a late fee of $ 20.00 added to the invoice.
4.1 Booking must be made one month (two markets) in advance and invoices be paid by credit card.
4.2 The requirements of Market Regulation 4.1 may only be waived by the Market Manager and only in exceptional circumstances.
4.3 Where a credit card has been provided by the stallholder we are authorised to charge it with any fees that may arise.
4.4 A discounted fee maybe on offer to permanent stallholders paying rent to attend three consecutive markets in advance. Three consecutive markets denote no absenteeism to a market day for any reason and no refunds or transferring payment to other market day will apply.
4.5 Should the attendance to “three consecutive markets” special rental fee is breached, the special reduced rent will be void, reversing back to the full fee payable. In this case, an invoice will be send requesting the prompt settlement of any arrears.
5 Refunds & Cancellation
5.1 Stallholders must accept the risk of bad weather or other disruptions to the markets, such as roadwork, and will not be entitled to a rent refund for these reasons.
5.2 Stallholders must give notice, in writing to email@example.com, two markets in advance of a Stallholder’s necessity to be absent on the day of the market. No refunds of money will apply. Transfer or credit towards a future market day will only be awarded if the Market Manager is able to secure a Casual Stallholder supplying similar products.
5.3 Stallholders must have attended six consecutive markets before considering ceasing attending future Berowra Farmers Fine Food, Wine & Handcraft Market.
5.4 Stallholders must notify the Market Manager by email of their intention of ceasing attending future Berowra Farmers Fine Food, Wine & Handcraft Market by giving notice two (2) markets in advance. Only after giving the require notice will stallholders be entitled to receive a refund of fees paid in advance
5.5 Stallholders must be aware that the word “consecutive” denotes no absenteeism from a market day, for any reason.
5.6 Any application for a refund under Market Regulation 5.1 or 5.3 or 5.5 will not be accepted.
6 Trading Hours
6.1 The Berowra Farmers Fine Food, Wine & Handcraft Market operates on the first & third Sunday of each month between 9.00 am and 2.00 pm.
7 Eligible Goods and Services
7.1 Stallholders at the Berowra Farmers Fine Food, Wine & Handcraft Market must not sell any goods or services that are prohibited by the Market Manager in any list that may be published on the Berowra Farmers Fine Food, Wine & Handcraft Market website from time to time.
8 Exclusive Trading Rights
8.1 With the intention to avoid conflicting with other stallholders, exhibitors at the Berowra Farmers Fine Food, Wine & Handcraft Market are only allowed to display and sell goods as specified in their stallholder’s application approved by the Market Manager.
8.2 The Berowra Farmers Fine Food, Wine & Handcraft Market operate on the basis of fair trading and competition. The Market Manager will not generally grant to any Stallholder the exclusive right to sell any particular goods or services.
8.2 The Market Manager may grant such rights to Stallholders in exceptional circumstances. The factors that the Market Manager will take into account when considering such applications will include, but not be limited to:
8.2.1 Whether the Stallholder is a regular of long standing;
8.2.2 Whether the Stallholder has an excellent record of complying with the Market Manager requirements;
8.2.3 Whether the nature of the goods or services being sold makes it appropriate for the Stallholder to request exclusivity – for example, if the Stallholder sells perishable goods such as fish or seafood, seasonal fruit, seasonal vegetables or fresh flowers.
8.3 If such rights are granted, the Market Manager gives no guarantees but will do all that it reasonably can to protect those rights and to prevent others from infringing those rights.
9 Site Use and Presentation
9.1 Stallholders must operate strictly within the marked boundaries of the stall site that has been allocated to them and to abstain from shouting to attract customer’s attention. Signs and banners must be kept within the stall confinements
9.2 The presentation of stalls must be of a professional standard that is satisfactory to the Market Manager.
9.3 Trestle tables, table cloths, stall equipment and furniture must be clean and of a good quality.
9.4 Stall equipment and furniture including, but not limited to, tents, awnings and umbrellas, must be ballasted against strong winds. Sand bags or other weights of minimum of 20 kilos for ballasting must be by weighting only and not by affixing to the ground.
9.5 Stallholders must at all times keep their stall site and the immediate vicinity clear of rubbish or other obstacles that may impede pedestrian traffic.
9.6 Stallholders must dispose of their own rubbish accordingly and under no circumstances are allowed to dispose their own rubbish into bins exclusively provided by the Berowra Farmers Fine Food & Handcraft Market. A minimum spot fine of $ 50.00 will apply to anyone found acting contrary to this Market Regulation.
10 Electricity Supply
10.1 Stallholders requiring the use of electricity must use the hired commercial generator at their own risk, at an extra cost as per Market Regulation 3.1 and make a formal request to the Market Manager in advance.
10.2 The power supply is limited. Stallholders must not use more than 1000W of electricity from any one power point. Approval to use more power can only be given by the Market Manager. This approval will only be given in exceptional circumstances and pay the extra fees.
10.3 Approval to use a portable generator can only be given by the Market Manager and only in exceptional circumstances. This request must be in writing and it will not be given for the use of unsilenced and polluting portable generators. Portable generators must be located at a reasonable distance away from other stalls and customers.
11 Setting Up, Closing Down, Loading and Unloading
11.1 Stallholders must set up, close down, load and unload strictly within the specified times.
11.2 Bump in time for unloading is from 7.00am.
11.3 Stallholders must comply with any directions given to them by the Market Manager. Stallholders must not move or remove traffic barriers, and all cars must leave the market area by 8.15am.
11.4 Stallholders must park their vehicles during the duration of the market far away from the market. Parking area that is reserved only for your customers. When parking in surrounding streets, Stallholders must comply with Hornsby Council parking regulations.
11.5 Stalls must be set up by 8.45am and ready for trading by 9.00am.
11.6 The Market Manager may ask any Stallholder, who has not set up their stall by 8.45am to leave the markets. The Market Manager may then reallocate that stall site, no refund will be given.
11.7 To avoid disruption to customers and other stallholders, it is imperative that stallholders do not commence packing before 2.05pm.
11.8 Stallholders can start packing at 2.05pm.
11.9 Stallholders are not allowed to drive their cars into the Market area until 2.15pm and until all their equipment is fully packed. Maximum allow time to load is 10 minutes per vehicle and avoiding to block the driveway. Consideration to other Stallholders is paramount.
11.10 Before vacating their stall site, Stallholders must remove all rubbish and do all other things that may be reasonably necessary to leave the stall site in the same condition that it was in before they set up their stall for the day. This obligation is to remove and take away all rubbish and this includes removing any rubbish that may be left by customers or which may have blown onto their stall site from elsewhere in the markets. Any damage must be rectified to the satisfaction of the Market Manager.
11.11 All Stallholders must endeavour to vacate their allocated site by 3.30pm
12 Bad Weather and Other Disruptions
12.1 Berowra Farmers Fine Food, Wine & Handcraft Market operate in all weathers and will operate on the designated market day unless in the event of other major disruptions that are beyond the Market Manager control compelling to close the markets.
12.2 Stallholders must accept the risk of bad weather or other disruptions to the markets including, but not limited to roadwork.
12.3 If the markets are closed under Market Regulation 12.1, or 12.2 no refunds will be paid
13 Political Campaigning and Religious Proselytizing
13.1 Stall sites may not be hired and Berowra Farmers Fine Food, Wine & Handcraft Market may not otherwise be used for political campaigning.
13.2 Stall sites may not be hired and the Berowra Farmers Fine Food, Wine & Handcraft Market may not otherwise be used for religious proselytising.
14 Market Manager Directions
14.1 Stallholders must comply with all directions given to them by the Market Manager.
14.2 Stallholders must treat the Berowra Farmers Fine Food, Wine & Handcraft Market staff with courtesy and respect at all times. Any unacceptable behaviour including, but not limited to, aggression, abusive language or refusal to comply with a reasonable direction will be treated as a breach of a condition of these Market Regulations. Such a breach is likely to result in that Stallholder being required to leave the markets immediately and being banned from trading at any future markets.
14.3 Any direction given by the Market Manager regarding risk management, motor vehicle parking or accident prevention must be complied with strictly and immediately.
14.5 To resolve serious problems, the Market Manager may put a final direction in writing.
15 Market Manager Dispute Resolution Determinations
15.1 The Market Manager may make determinations to resolve any dispute that may arise including, but not limited to, disputes between Stallholders and disputes between Stallholders and customers or other members of the public.
15.2 Any such determination must be made by the Market Manager and that determination will be final.
15.3 To resolve serious disputes, the Market Manager may put a final determination in writing.
16 Stallholder’s Warranties and Representations
16.1 The Stallholder acknowledges and agrees that, by applying to hire a stall site, the Stallholder makes the following warranties and representations:
16.2 That the statements made in the application in the online booking system are true, accurate and complete;
16.3 That the Stallholder has carefully read these Market Regulations and agrees to be bound by their terms and conditions;
16.4 That the Stallholder has the full legal and beneficial ownership of the goods that they offer for sale and that their ownership is free of any encumbrances;
16.5 That the Stallholder will not engage in any false or misleading conduct including, but
not limited to, selling counterfeit goods or mislabelling goods;
16.6 That the Stallholder has the necessary licenses or permission to sell the goods that they offer for sale and have registered their details with the NSW Food Authority and must read the Food Handling Guide to ensure they comply with the NSW Food Authority Food Handling Guidelines for Temporary Events and Markets and Temporary Events and Food Standards and Labelling; and
16.7 That the Stallholder has the necessary licenses, practicing certificates, qualifications, training and experience to provide the services that they offer for sale.
17 Inspection of Documents
17.1 Stallholders must at all times have available, for inspection by the Market Manager, copies of:
17.1.1 These Market Regulations;
17.1.2 Any licenses or permission that are required by Market Regulation 16.6; and
17.1.3 Any licenses, practicing certificates or qualifications that are required by Market Regulation 16.7.
18 Exclusion of the Market Manager Liability
18.1 The Stallholder acknowledges and agrees that the Market Manager has not given any warranties or made any representations relating to the Stallholder’s occupation or use of a stall site at the Fine Food, Wine & Handcraft Market other than as are specifically set out in these Market Regulations. This includes, but is not limited to, any warranties or representations relating to:
18.1.1 The Stallholder’s likely sales or profits; or
18.1.2 The benefits of the location of any particular stall site; or
18.1.3 The number of potential customers that are likely to visit the markets; or
18.1.4 The presence of other stallholders on the same market day selling the same or similar goods or services or the location of their stall site; or
18.1.5 The services and facilities that are available to the Stallholder other than as are expressly set out in these Market Regulations; or
18.1.6 The likelihood of a stall site becoming available due to a cancellation or otherwise; or
18.1.7 The adequacy of security; or
18.1.8 The extent to which the Market Manager has carried out marketing or advertising to attract customers to the markets; or
18.1.9 The suitability of the markets for any particular purpose; or
18.1.10 the existence of any patent or latent defects at the markets.
19 Claims against the Markets Organiser
19.1The Stallholder acknowledges and agrees that the Market Manager is not liable for any claims arising from:
19.1.1 Damage to the goods or other property of the Stallholder; or
19.1.2 Theft of the goods or other property of the Stallholder; or
19.1.3 Injury, loss, damage or death suffered by any person at the Fine Food, Wine & Handcraft Market, including the Stallholder, Stallholder’s employees or contractors, Stallholder’s companions; or
19.1.4 Damage to or the theft of the property of any person at the markets.
20 Insurance Terms and Inspection of Insurance Policies
20.1 Stallholders must at all times have available, for inspection by the Market Manager, copies of any insurance policies required in Market Regulations 22 to 26.
21 Reliance on Statements Regarding Insurance
21.1 In agreeing to hire a stall site to the Stallholder, the Market Manager relies strictly on the warranties that the Stallholder has given and the representations that the Stallholder has made in the online booking application or in person regarding insurance being true complete and accurate.
21.2 Any significant breach of the insurance terms (Market Regulations 20 to 26), will result in the immediate termination of the contract to hire the stall site without refunds and the banning of the Stallholder from trading at any future markets.
22 Public Liability Insurance
22.1 Stallholders must have current public liability insurance cover and it must have all of the minimum features that are specified in Market Regulation 22.2.
22.2 Stallholders must have public liability insurance cover with the following minimum features:
22.3 Cover for public liability claims arising from personal injury for up to $20,000,000.00;
22.4 Cover for public liability claims arising from property damage for up to $20,000,000.00;
22.5 No exclusions relating to damage to the grounds on which the Berowra Farmers Fine Food, Wine & Handcraft Market operate; and
22.5 No other exclusions that the Stallholder would reasonably appreciate that the Market Manager may regard as being material.
23 Product Liability Insurance
23.1 Stallholders must have a current product liability insurance cover and it must have all of the minimum features that are specified in Market Regulation 23.2
23.2 Stallholders must have product liability insurance cover with the following minimum features:
23.2.1 Cover for product liability claims for up to $20,000,000.00;
23.2.2 If applicable, no exclusions relating to cosmetics or other beauty products, medical products, mechanical goods, toys or second-hand electrical goods;
23.2.3 No other exclusions that the Stallholder would reasonably appreciate that the Market Manager may regard as being material.
24 Professional Indemnity Insurance
24.1 Stallholders offering professional services, the Stallholder must have such professional indemnity insurance cover as is satisfactory to the Market Manager.
25 Workers’ Compensation Insurance
25.1 Stallholders employing staff must have workers’ compensation current insurance cover at the standard required by the New South Wales workers’ compensation legislation.
25.2 This includes cover for staff who may not be ‘employees’ but who are still classified as ‘workers’ in that legislation such as some categories of contractors, casual workers and outworkers.
26 Motor Vehicle Accident Insurance
26.1 Stallholders must appreciate that the entrance to the Berowra Farmers Fine Food, Wine & Handcraft Market is by a public parking area and the property of the Hornsby Shire Council. Stallholders must, at all times, have satisfactory insurance cover for liability for motor vehicle accidents arising from the operation and/or use of motor vehicles.
26.2 Without limiting the generality of Market Regulation 26.1, this includes that:
26.2.1 All drivers have a valid driving license that has not expired or been cancelled and the driver must not have been disqualified from driving;
26.2.2 All drivers are fit to drive and are not affected by alcohol, drugs, medication, illness, physical disability or intellectual disability to a degree that would hamper safe driving performance; and
26.2.3 All motor vehicles are in a roadworthy condition, registered and are covered both by compulsory third party insurance (for personal injury claims) and by comprehensive third party insurance (for property damage claims).
27 Risk Management and Accident Prevention Terms
27.1 Cash Handling
27.1.1 To reduce the risk of robberies, cash held at the Berowra Farmers Fine Food, Wine & Handcraft Market must be kept to a minimum amount at all times.
27.1.2 Stallholders must comply with the Market Manager online bookings and payment procedures, as set out in Market Regulations 2 and 4, to help the Market’s staff to keep to a minimum the amount of cash that they need to hold on market days.
27.1.3 Food Stallholders should hold no more than $3,000.00 in cash at any time. Other Stallholders should hold no more than $2,000.00 in cash at any time.
27.1.4 Automatic teller machines are available close to the Berowra Farmers Fine Food, Wine & Handcraft Market at the following locations:
Berowra Shopping Centre
27.2.1 As stated in Market Regulation 18.8, the Market Manager give no warranties and make no representations regarding security. Stallholders must accept any security risk or make their own security arrangements.
27.2.2 Stallholders must comply strictly with the cash handling requirements in Market Regulation 27.1
27.2.3 Stallholders must report promptly to the Market Manager any security problems including, but not limited to, robberies, shoplifting, pickpocketing or the need to forcibly remove drunken or belligerent customers from the Berowra Farmers Fine Food, Wine & Handcraft Market. This report should be made to the Market Manager. If unavailable, this report should be made to the member of staff on duty. Unless the circumstances make it unreasonable to do so, this report should be made in writing to assist the Market Manager to keep a register of such problems.
To assist the Market Manager with implementing an effective fire safety plan, Stallholders must comply strictly with the following requirements:
27.3.1 Food Stallholders must only operate in the designated section of the market;
27.3.2 Stallholders using gas or electricity or using candle must have their own fire blanket and fire extinguishers that are suitable for both electrical and non-electrical fires and must have the training to use them. This includes Handcraft stalls exhibiting lighted scented candles;
27.3.3 Only Food Vending Stallholders and Berowra Farmers Fine Food exhibitors preparing and offering food sampling may use gas;
27.3.4 Stallholders must not have any chemicals or flammable material in their stall site;
27.3.5 Stallholders must, at all times, ensure that there is clear access for fire engines, ambulances and the police;
27.3.6 Stallholders must comply with any guidelines prepared by any fire safety expert that
the Market Manager may engage; and
27.3.7 Stallholders must comply with any fire drills that may be arranged by the Market Manager.
27.4 Electrical Hazards
27.4.1 Any portable generators that may be approved by the Market Manager under Market Regulation 10 must, at all times, be in safe working order and be available for inspection by any electrical safety expert that the Market Manager may engage when require.
27.4.2 All electrical cords must be:
18.104.22.168 Regularly inspected by a licensed electrician to ensure that they are in a safe condition including, but not limited to, ensuring that they have not perished;
22.214.171.124 Kept well away from water; and
126.96.36.199 Kept well away from pedestrian areas; and
188.8.131.52 No more than 2000W of power may be used from any one power point unless approval has been granted by the Market Manager under Market Regulation 10.2.
27.5 Gas Hazards
27.5.1 As specified in Market Regulation 27.3, only authorised Stallholders may use gas.
27.6 Poisons and Chemical Hazards
27.6.1 Stallholders must comply strictly with any guidelines prepared by any poisons and chemical hazards expert that the Market Manager may engage when required.
27.7 Traffic Management
27.7.1 Stallholders must appreciate that the entrance to the Berowra Farmers Fine Food, Wine & Handcraft Market is one direction only. When setting up, closing down, loading and unloading in this area, they must exercise the same degree of care for their own safety and consideration for the safety of others that they should exercise on a public road.
27.7.2 Notwithstanding the generality of Market Regulation 33.1, Stallholders must comply with:
184.108.40.206 The motor vehicle accident insurance terms in Market Regulation 26;
220.127.116.11 The Market Manager traffic management requirements as indicated in Market Regulation 11.3, 11.4
18.104.22.168 The Hornsby Council’s traffic and parking regulations as indicated in Market Regulation 11.4
22.214.171.124 Keep a proper lookout for their own safety; and
126.96.36.199 Keep a proper lookout for the safety of their customers and other members of the public.
188.8.131.52 Vehicles used in delivery or collection of goods shall not wait or queue upon the public roads.
184.108.40.206 Vehicles should not travel any faster than 5km an hour and should have their hazard lights flashing when on the market site. Particular care, courtesy and consideration are expected of each stallholder while setting up and packing down.
28 Slipping Accidents
28.1 To reduce the risk of slipping accidents, it is essential for the Market Manager to have in place an effective cleaning system and for all Stallholders to play an active part in implementing it by:
28.2 Ensuring that there are no discharges from their stall site of any material that might
cause slipping accidents including, but not limited to, oil, powder, water or other liquids, ice, paper, metal fragments or broken glass;
28.3 Keeping their stall site and the immediate vicinity clean and free of such material; and
28.4 Reporting promptly to the Market Manager any slipping accidents or any hazards that might cause slipping accidents.
29 Tripping Accidents
29.1 To reduce the risk of tripping accidents, Stallholders must:
29.1.1 Keep their stall site and the immediate vicinity clear of anything that might
obstruct pedestrian traffic and cause tripping accidents;
29.1.2 Comply with the requirements in Market Regulation 220.127.116.11 regarding electrical cords;
29.1.3 Report promptly to the Market Manager any tripping accidents or hazards that might cause tripping accidents.
29.1.4 To reduce the risk of customers tripping, Stallholders must ensure that there are no protruding objects sticking out from their assigned stall areas.
30 Dangerous Stall Features and Projections
30.1 Stallholders must ensure that their stall sites are free of any sharp corners or dangerous projections that might injure customers particularly of hard materials such as timber, metal or glass as per Market Regulation 30.1.4.
30.2 Mirrors must be laminated or contain only safety glass.
31 Additional Risk Management Requirements for Food Vending Stallholders
31.1 Food Vending Stallholders must rely on their own public liability insurance to comply with Market Regulation 22, that policy must include cover for claims arising from the sale of hot food or from food contamination.
31.2 Food Stallholders warrant and represent that they have worker’s compensation insurance at the standard specified in Market Regulation 25 and they acknowledge and agree that the Market Manager is not liable for any worker’s compensation claim by any of their staff.
31.3 In the storage, preparation, cooking and service of food, Food Stallholders must comply strictly with all legal requirements and/or the recognised best practice standards including, but not limited to:
31.3.1 Holding all licenses or permits that are required by the NSW Health Department or other relevant state government department or authority and by Hornsby Council as the relevant local government authority;
31.3.2 Complying with all directions and/or recommendations that may be given by those food regulatory authorities;
31.3.3 Complying with the standards required by any relevant Australian Standard where it is a legal requirement to do so; and
31.3.4 Complying with the standards recommended by any relevant Australian Standard where that recommendation reflects accepted best practice.
31.3.5 They must comply with any directions given by the Market Manager regarding risk management or accident prevention strictly and immediately including, but not limited to, directions regarding fire safety, electrical safety, the use of gas, poisons and chemicals, traffic management and general cleaning and the prevention of slipping and tripping accidents.
31.3.6 To reduce the risk of robberies, they must comply with Market Regulation 27.1.3 and not hold more than $3,000.00 in cash at any time.
31.4 To reduce the risk of fires, they must:
31.4.1 Only operate within the designated food stall area; for health and safety reasons, children should not be allowed to enter the preparation area of a food stall.
31.4.2 Have their own Australian Standard approved fire blanket and Australian Standard approved fire extinguishers that are suitable for both electrical and non-electrical fires and have the training to use them;
31.4.3 Not have chemicals or flammable material on their stall site;
31.4.4 Ensure that there is clear access to their food stall area for fire engines, ambulances and the police;
31.4.5 Comply with any guidelines prepared by any fire safety expert that the Market Manager may engage; and
31.4.6 Participate in any fire drills that may be arranged by the Market Manager.
31.5 To reduce the risk of electrical hazards, they must:
31.5.1 Use only the onsite power points or use only portable generators that the Market Manager has approved in writing under Market Regulation 10;
31.5.2 Comply with Market Regulation 27.4.2 regarding the use of electrical cords; and
31.5.3 Comply with Market Regulation 10.2 regarding not using more than 2000W in power from any one power point.
31.6 To reduce the risk of gas hazards, Stallholders cooking equipment must comply with the manufacture’s safety guidelines and must ensure it is in perfect working order at all times by having regular checks carried out by a professional electrician and/or gas fitter.
31.7 To reduce the risk of poison and chemical hazards, Stallholders must comply with their equipment manufacturing guidelines, ensuring it is in impeccable working order at all times.
31.8 The ground beneath all food stalls must be covered with a suitable material to prevent damage to the grounds including, but not limited to, the outdoor gravel area and the tiled footpaths. Any damage to the grounds must be rectified to the satisfaction of the Market Manager.
32 Market Manager Directions Regarding Risk Management and Accident Prevention
32.1 As specified in Market Regulation 14, any direction given by the Market Manager regarding risk management or accident prevention must be complied with strictly and immediately.
33 Reporting Of Accidents and Hazards
33.1 Stallholders must, at all times, be conscious of risk management and accident prevention issues and play an active role by reporting promptly to the Market Manager any accidents or the presence of any hazards that might cause an accident. Unless the circumstances make it unreasonable to do so, this report should be made in writing to assist the Market Manager to keep a register of such problems.
34 Miscellaneous Terms
34.1 Whole Agreement the Stallholder acknowledges and agrees that, in entering into a contract with the Market Manager for the hire of a stall site, the Stallholder has not relied on any warranties or representations that are not expressly contained in these Market Regulations.
35 Penalties for Breach of these Market Regulations
35.1 When issuing a final direction (under Market Regulation 14) or issuing a final determination to resolve a dispute (under Market Regulation 15) or otherwise dealing with a breach of these Market Regulations, the Market Manager may impose such penalties as they consider to be appropriate in the circumstances.
35.2 Penalties imposed under Market Regulation 35 may include, but are not limited to, some or all of the following:
35.2.1 Withdrawal of any exclusive trading rights;
35.2.2 Cancelling the Stallholder’s booking;
35.2.3 Moving the Stallholder to another stall site;
35.2.4 Requiring the Stallholder to leave immediately the markets; and
35.2.5 Banning the Stallholder from trading at any future markets.
36 Applicable Law and Forum
36.1 Any disputes regarding these Market Regulations are to be determined according to the law of the State Of New South Wales.
36.2 Any legal proceedings regarding these Market Regulations are to be determined in a court or judicial tribunal of competent jurisdiction in the State Of New South Wales.
37 Amendments to These Market Regulations
37.1 These Market Regulations may only be varied in writing and as approved by the Market Manager.
37.2 These Market Regulations may be varied by the Market Manager from time to time as the Market Manager considers being appropriate in the circumstances. When doing so, the Market Manager will
place the amended Market Regulations on the Berowra Farmers Fine Food, Wine & Handcraft Market website; www.berowramarket.com.au
37.3 The Market Manager will give 7 days’ notice of any amendment to the charges in Market Regulation
37.4 Stallholders must keep themselves informed about any amendments to these
Market Regulations by periodically checking updates on www.berowramarket.com.au
38 Promotion of Berowra Farmers Fine Food, Wine & Handcraft Market
38.1 Stallholders must comply with any reasonable requests that the Market Manager may make to assist with the promotion of the Berowra Farmers Fine Food, Wine & Handcraft Market.
38.2 For the purposes of Regulation 38.1, the Market Manager will not make any requests that require Stallholders to spend money or which the Stallholder cannot comply with without undue effort.
38.3 Stallholders and their family must refrain from participating into customer’s marketing competitions including free gift vouchers, purely intended to increase public attendance and enhance trading. Ignoring this Regulation may cause banning from future trading.
These Market Regulations were last updated as at 1 May 2016.
© 2016 Berowra Farmers Fine Food, Wine & Handcraft Market.
This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act, 1968 (C’th), no part of this publication may, in any form or by any means, be reproduced without the prior written permission of the copyright owner. Requests for such permission from other charitable or non-profit community welfare organisations will be considered favourably.