These Regulations apply to all Stallholders who are approved to trade at Manly Marketplace operated by Manly Chamber of Commerce Inc.
Compliance with these Regulations and the Stallholder Information included on the Website is a condition of such approval. The Stallholder acknowledges and accepts in submitting an Application that Manly Marketplace or the Manly Chamber of Commerce (MCC) may alter any rule or term of the Regulations or Stallholder Information, or make additional rules and terms, from time to time, by posting a notice that there is a change to the Regulations on the Website. Any further use of the website, or correspondence sent from Manly Marketplace to the Stallholder with respect to the amended Regulations, after the date of such notice is deemed acceptance of the new Regulations.
In these Regulations:
Application means any document, form or written correspondence (including any document or form in electronic format) that has been submitted by a Stallholder when applying to Manly Marketplace for approval as a Stallholder and/or consent to Trade at the Market and may included any updated Applications completed by the Stallholder from time to time.
Approved Products means those goods and services for which Manly Marketplace has granted to the Stallholder consent to offer for sale and sell at the Market. Such goods and services must be described in the Application to be a Stallholder. Manly Marketplace reserves the right to provide consent to a limited selection of the goods and services described in the Application or to revoke consent or otherwise alter the range of goods or services permitted to be sold at the Market at some time in the future.
Approved Stallholders means stallholders who have been accepted by Manly Marketplace, through the Application process, to be permitted to Trade at the Market.
Book a Stall means the application process by an Approved Stallholder seeks consent from Manly Marketplace to exhibit or Trade at the Market on any Trading Day.
Manly Marketplace means Manly Chamber of Commerce Inc ABN 151 364 833 91 and its employees, staff, and officers. The Manly Chamber of Commerce has the license or permission to control, operate and regulate the Market which includes the authority to grant or withhold consent to any person/s or legal entity to attend, occupy or undertake Trading Activity at a Stall at the Market.
Manly Marketplace Stallholder Community means the group of stallholders who have been given consent by Manly Marketplace to be Approved Stallholders.
Manager means a person or persons appointed by the Manly Chamber of Commerce to facilitate the operation of the markets.
Market means the specific Market/(s) nominated by a Stallholder in the Application to Exhibit through the ‘Book a Stall’ application process and subsequently indicated by Manly Marketplace when confirming that such an Application has been approved. A reference to a Market includes an area which is designated for the purpose of conducting Trading Activity or the area of Manly which Manly Marketplace has the lease or licence to control, operate and regulate as a market or a place where Trading Activity may be undertaken. The Market includes any roadways, car parking areas and areas of access to or egress from the Market.
Marquee, tent or umbrella means any covered structure that is erected within the boundaries of a Stall or otherwise occupied by a Stallholder at the Market.
Regulations means the terms and conditions listed on the website and the Stallholder Information, as amended from time to time. Manly Marketplace may alter any term of these Regulations or include additional terms from time to time, by posting a notice that there is a change to the Regulations on the Website. Any further use of the website, or correspondence sent from Manly Marketplace to the Stallholder with respect to the amended Regulations, after the date of such notice is deemed acceptance of the new Regulations
Site/Duty Manager means the person/persons appointed by Manly Marketplace to manage the Market on a Trading Day.
Stall means an area within the Market that is designated by Manly Marketplace for the purposes of Trading Activity by a Stallholder. Any alternative area will be defined by Manly Marketplace and indicated to the Stallholder as a condition of consent.
Stallholder means a person, persons or legal entity and their employees, staff, agents or representatives that have been granted consent by Manly Marketplace to occupy a Stall and undertake Trading Activity at the Market.
Stallholder Information means the site/market specific information that is detailed on the Website as a page or document titled ‘Stallholder Information’ or ‘Stallholder Info’.
Stall Fee means the amount charged by Manly Marketplace and payable by the Stallholder as consideration for the opportunity provided by Manly Marketplace to the Stallholder to undertake Trading Activity at the Market. The Stall Fees are indicated on the Website.
Trade at the Market means occupy a stall and undertake Trading Activity
Trading Activity means activity where goods or services are offered for sale, sold or promoted; or activity undertaken with the aim of promoting or increasing awareness of the Stallholder or the Stallholder’s products and/or services.
Trading Day means any day on which the Market operates with Trading Activity and usually refers to a Saturday and Sunday and can include other days of the week (ie public holidays and Manly special event days) but excludes ANZAC Day, Christmas Day and Boxing Day.
Website means the internet address that is controlled by Manly Marketplace who has the licence or permission to control, operate and regulate.
Words in the singular include plural and in the plural include the singular. Where there is more than one person, partner or legal entity noted on these Regulations then these Regulations shall apply jointly and severally.
APPROVAL TO TRADE
A Stallholder is deemed to be granted consent to Trade at the Market when it has submitted an Application to Manly Marketplace and has received written confirmation from Manly Marketplace that their Application has been approved for membership to the Manly Marketplace Stallholder Community and subject to any special conditions or restrictions noted by Manly Marketplace in the written confirmation.
A Stallholder is deemed to be granted consent to Trade at a specific Market when he/she has received written confirmation from Manly Marketplace that their Application to Book a Stall has been approved for Trade as indicated and subject to any special conditions or restrictions noted by Manly Marketplace in the written confirmation.
A Stallholder may only offer for sale Approved Products.
To vary the Approved Product/s, a Stallholder must submit a new Application that describes the proposed new product/s to Manly Marketplace. Manly Marketplace will subsequently review the application and advise the Stallholder in writing as to whether their application has been successful or not.
Manly Marketplace may cancel a Stallholder’s approval to occupy a Stall at the Market if the merchandise offered for sale is substantially different from the Approved Product.
In order to ensure variety and a limited number of stalls in each product category at the Market, Manly Marketplace reserves the right to reject applications and not to enter into correspondence or otherwise explain the reasons for its decisions.
Stallholders are not permitted to sell offensive, illegal, prohibited, counterfeit, imported or unauthorised goods including goods bearing trademarks for which the Stallholder does not have a license to sell.
If food of any description whatsoever is sold by a Stallholder, then that Stallholder is required to comply with relevant local government and other statutory laws and regulations governing the sale of their food item(s).
Products that may not be offered for sale or sold at the Market include goods bearing registered trademarks, which are not genuine products; items and services of an ‘adult’ nature which are not suitable for a public forum; items associated with the illegal use of drugs; items not in accordance with the relevant Australian Standards; and other items notified by Manly Marketplace to a Stallholder from time to time.
It is the Stallholder’s responsibility to ensure that all equipment brought to or utilised at the Market by the Stallholder has been erected securely, is operated in a safe manner and has been ballasted against strong winds prior to the commencement of trade.
All stall equipment including racks, tables, equipment, signage; etc must be located within stall site boundaries. Public access ways must be kept clear at all times and Stallholders must cooperate with Manly Marketplace in ensuring that an appropriate corridor is maintained along the pedestrian pathways.
Manly Marketplace will not permit a Stallholder to attend the Market if the Stallholder is anyone other than a natural person unless a Guarantor, approved by Manly Marketplace, is also a party to it. In other words, stallholders who trade through a company structure must also agree to be noted as a Guarantor.
In consideration of Manly Marketplace permitting the Stallholder to trade at the Market, the Guarantor unconditionally and irrevocably guarantees to Manly Marketplace the due and punctual performance and observance of the Stallholder to the terms and conditions of these Regulations.
Manly Marketplace has taken out public liability insurance for the amount of $20,000,000.00. A copy of the terms of the Market Insurance Policy is available by a written request by the Stallholder addressed to Manly Marketplace.
Stallholders must hold their own public liability to exhibit at the Market, and are required to evidence this policy to Manly Marketplace at time of Application.
The Stallholder acknowledges that Manly Marketplace’s approval of the stallholder to exhibit or Trade at Manly Marketplace does not consititute approval to exhibit or Trade at the markets on any given day and that the Stallholder has to apply to exhibit or Trade on the days they wish to exhibit or Trade and approval has to be given by Manly Marketplace, in writing, to do so.
The Stallholder acknowledges that Manly Marketplace’s consent to the Stallholder to occupy a Stall at the Market may not be assigned to any other person and does not convey any right to any particular location for a Stall. Stallholders must locate their Stalls as directed by Manly Marketplace and or the Site Manager who is authorised to determine and change the layout for Stalls from time to time.
The Stallholder must ensure that all Trading Activity is undertaken within the boundaries of the Stall.
The Stallholder may request from Manly Marketplace permission to utilise extra space at the Market and if the request is granted, Manly Marketplace reserves the right to charge an additional Stall Fee in respect of the additional space.
SET UP AND PACK UP
The hours of Set up and Pack up are 7am-8.30am Setup and Packup (Summer Sept-April inclusive) 5pm-6pm, (Winter May to August inclusive) 4.30pm to 6pm. Please allow the time it takes for you to set up your stall in line with the trading hours. (Summer 9-5pm and Winter 9-4.30pm).
Stallholders must abide by the instructions of Manly Marketplace, the Site Manager and or staff in relation to traffic control.
In the interests of Occupational Health & Safety, Stallholders must strictly comply with specific times in relation to the set up and pack up of the Market. Setting up and packing up a Stall outside of the designated times may be hazardous to other persons and, as such, a failure to observe and comply with the time restrictions for set up and pack up is considered to be a major breach of the Stallholder’s obligations and Manly Marketplace reserves the right to refuse the offending Stallholder permission to occupy a Stall at the Market on the day of the infringement and on any future date.
Stallholders may not erect any advertising display or signage unless the Stallholder has received Manly Marketplace’s consent to display such advertising display or signage.
Stall Fees and the method of payment are outlined on this Website under the Stallholder Information tab.
Stall Fees are not refundable.
Trading Activity is permitted during the Trading Hours detailed on the Website.
All stalls must be set up and ready to trade at the commencement of the Trading Hours.
It is the responsibility of the Stallholder to continue trading for the full duration of the Market’s Trading Hours.
Stallholders must cease trading and commence packing at the end of the Trading Hours and must ensure they are off site in accordance with the hours of Set Up and Pack Up.
Stallholders who have booked a Stall and prepaid their Stall Fee shall be entitled to a Stall only until the Commencement of Trading Hours. Stallholders who have not occupied their Stall by this time may forfeit their stall booking, will not be entitled to any credit or refund of stall fees and Manly Marketplace reserves the right to allocate the Stall to another Stallholder.
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 Manly Marketplace Management and the Site Manager 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 are not permitted to enter or drive within the Market area at any time.
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 Set Up or Pack Up times.
Stallholders are required to remove from the Market on leaving, all garbage, waste, litter and other rubbish that the Stallholder has either brought onto the Market or obtained at the Market. The garbage bins provided at the Market are for the purpose of the disposal of litter by the general public and are not available for the disposal of Stallholder’s waste or packaging materials.
At the end of the day’s trading, the Stallholder is required to clean their site and ensure that it is clear of discarded rubbish and waste materials.
Any stallholder found to be utilising the Market rubbish bins for the removal of the Stallholder’s waste or packaging material shall be requested to discontinue such activity and may incur a waste fee. Stallholders may be refused permission to occupy a stall if this activity continues or persists and appropriate warnings have been given by Manly Marketplace.
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 or commence trading. The Stallholder must advise the Site Manager of their intention not to trade, however no refund or credit will be given to a stallholder who makes a decision not to trade, due to bad weather, on a Trading Day.
Should the adverse weather conditions occur during trading hours, stallholders shall continue trading until such time as the Site Manager provides instructions to cease trading at which time pack up may commence.
Manly Marketplace will not be held responsible for any loss, damage or injury whatsoever resulting from adverse weather conditions or any decisions it relation to the continuation of trade during adverse weather conditions.
No smoking is permitted within the Market Area.
Stallholders who wish to smoke shall do so outside of the market area and away from all stalls and shop fronts.
MANLY MARKETPLACE’S EXCLUSION OF LIABILITY
The Stallholder acknowledges and agrees that Manly Marketplace 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 Manly Marketplace 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
- the existence or extent of services and/or facilities of any kind at the Market;
- the position 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 Stallholder’s 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 Manly Marketplace;
- 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.
MANLY MARKETPLACE’S REPRESENTATIONS
Manly Marketplace’s consent to the Stallholder to trade at the Market does not convey to the Stallholder any ongoing rights in relation to the Market into the future and such consent can be terminated by Manly Marketplace at any time in writing and without any period of notice.
Manly Marketplace reserves the right to undertakes any of the following actions without notice:
- relocate a Stallholder to another Stall within the Market;
- remove a Stallholder from the Market;
- require the Stallholder to remove from sale any good or service offered by the Stallholder which are not Approved Products; or
- request that the Stallholder undertake any reasonable measure which in the opinion of Manly Marketplace or the Site Manager will improve the safety of the Stall.
MANLY MARKETPLACE’S RIGHT OF TERMINATION
Manly Marketplace reserves the right to withhold consent to a Stallholder to Trade at the Market, to remove or to have removed from the Market, a Stallholder who is in breach or does not comply with the Regulations, including where a Stallholder:
- fails to pay their Stall Fee in a timely manner;
- fails to abide by the Market’s Set Up or Pack Up conditions;
- fails to abide by the Market’s Trading Hours
- fails to abide by the terms and conditions of the Market’s Traffic Plan;
- fails to limit the products offered for sale to Approved Products;
- fails to adhere to instruction given by the Site Manager;
- brings the market into disrepute;
- wholesales Approved Products to the retail trade in Manly;
- commits a criminal act at the Market; or behaves in a manner that Manly Marketplace considers is inappropriate or may bring the Market in disrepute.
Without limiting the generality of any other provision of these Regulations, the Stallholder hereby indemnifies and holds Manly Marketplace 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 Regulations by the Stallholder; or
- any legal costs on a full indemnity basis incurred by Manly Marketplace as a result of the Stallholder’s breach of these Regulations.
STALLHOLDER’S OBLIGATIONS & RESPONSIBILITIES
The Stallholder agrees that at any time while the Stallholder is at the Market, the Stallholder will:
- respond cooperatively to any direction given by Manly Marketplace’s staff in relation to the operation and occupation of their stall, equipment, goods and vehicle during set up and pack up out activities and any direction of a security or safety nature;
- ensure that their activities do not endanger the safety or security of any people at the Market;
- not cause any damage, make alterations or additions of any nature to, or carry out any works of any nature to equipment supplied to the Stallholder and that, if any such damage is caused, the costs of any repairs, making good or replacement are borne by the Stallholder;
- leave the site in the condition in which it was before the stall was set up for the day and that if any damage is caused to the site, then costs of making good shall be borne by the stallholder;
- not operate or use any sound equipment of any nature without the express permission of Manly Marketplace;
- keep the Market and its immediate surrounds clean, tidy, presentable and free from waste and rubbish;
- ensure that nothing is done at the Market which is illegal, obscene, offensive, dangerous or otherwise creates a nuisance or causes damage, disturbance, annoyance, injury or obstruction to any owner, occupier or user of any nearby land or premises;
- report to Manly Marketplace any incident or accident to any person or property that involves loss or could be expected to give rise to a Claim;
- ensure that any accident involving any injury to any person, or any loss of or damage to any property within the Market (including any defect, failure or lack of repair at the Market) which may give rise to a danger or risk to others , is reported directly to Manly Marketplace;
- vacate the Market immediately after being requested to do so by Manly Marketplace;
- not use the Market for any purpose other than the display and sale of Approved Products; and
- not place or affix any product or signage to any permanent building, structure, play apparatus or vegetation.
Stallholders are responsible for the:
- safety of all equipment brought by the Stallholder to the Market;
- safety of their employees, staff, agents or representatives that may occupy the Stallholder’s Stall; and
- cost of all repairs or replacement of any items belonging to Manly Marketplace that is damaged by the Stallholder
The Stallholders acknowledges that Manly Marketplace may revoke the Stallholder’s consent to Trade at the Market in the case that the Stallholder fails to comply with the obligations detailed above.
STALLHOLDER WARRANTIES & REPRESENTATIONS
Manly Marketplace 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 Manly Marketplace that is not expressly contained in these Regulations
- 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;
- the Stallholder will not bring the reputation of the markets into disrepute; and
- the Stallholder will comply with all of 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.
- Without limiting the generality of these terms, the Stallholder acknowledges and agrees Manly Marketplace 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; or
- damage or injury to any property or person.