Wandin Rotary Creative Artisans Village
Terms & Conditions

Definitions
"WRCAV" means Wandin Rotary Creative Artisans Village.
"Stallholder" means the entity which, when approved by WRCAV, is entitled to occupy a designated site on a market day to sell the stallholder's WRCAV approved products.
"market day" means the day upon which a WRCAV market will take place where the stallholder's sell their WRCAV approved products.
"stallholder's application" means an application by a potential or existing stallholder to WRCAV to occupy a designate site at WRCAV operated
market. "market area" means the area upon which the market is held and WRCAV is licensed to occupy.
Applications
1. WRCAV will have the sole discretion as to the acceptance or non-acceptance of a stallholder’s application.
2. WRCAV will rely solely on the information contained in the application regarding the applicant’s suitability and whether the applicant meets the approved product criteria, qualit, product distribution, diversity (market mix) and availability.
3. The stallholder applicant warrants that the information contained in the application is true and correct.
4. WRCAV will have the sole discretion as to the position of each stallholder’s site at each market day.
5. Stalls cannot be transferred, sublet or sold to any other entity.
Promotions / Marketing
Upon applying for a stall, stallholders agree that any images that they supply can be used to promote WRCAV events. Stallholders must only provide images that are their own or have the right to distribute and publish. Stallholders must also agree that they will exercise good judgement and will always be respectful and courteous to WRCAV, fellow stallholders and customers on all platforms of social media.
Approved Products
1. All products offered for sale by a stallholder must be made and sold by the stallholder or their fellow associates.
2. Should WRCAV become aware that a stallholder is selling imported or purchased products from a wholesaler, or are deemed inappropriate, WRCAV will request that the stallholder remove these products from sale wherein the stallholder must remove these products from sale.
3. Plants: Buying from a wholesaler and “growing on” will not be accepted by WRCAV as approved products for sale. The stallholder must propagate all plants sold at the market or be using them in a display to form an artistic design.
4. It is the responsibility of the stallholder to ensure they conform to any safety and compliance standards pertaining to their product.
5. The stallholder shall indemnify and hold harmless WRCAV against any losses, liabilities claims or suits arising out of or relating to the sale of the stallholder’s products at a market run by WRCAV.7
6. Stallholders are permitted to sell goods which they produce themselves.
7. All products and stall presentation must be of a high standard, acceptable to WRCAV.
8. WRCAV reserves the right to withdraw a stallholder’s product or stall should the presentation of the stallholder’s stall be of a low standard and not consistent or fitting with the style of the market.

Fees & Insurance
1. Stall holders have paid their fees in advance and a receipt is automated receipt by the trybooking service. Stall holder fees do not include Public Liability Insurance.
2. Stall owners must carry $10,000,000.00 Public Liability insurance with a $1000 fee per claim payable by the claimant. There are no discounts for stallholders who have their own insurance
Market days
1. Stallholders must be in attendance during the market trading times as advertised 10am to 4pm.
2. Stallholders must be in the market area 30-60 minutes prior to market opening hours to drop of and setup their stall. All stallholder cars must move their vehicle to the Wandin Village Parking area to ensure there is enough parking space for visitors.
3. Raffle tickets may not be sold.
4. Site allocations are at the sole discretion of WRCAV, no sites are owned by a Stallholder
5. No refunds/credits are given for reduced trading hours due to any conditions that are outside the control of WRCAV on a market day.
Cancellations and Refunds
1. Refunds will be given if stallholders who cancel in writing more than 10 days prior to the market date otherwise there is no refund provided.
2. If a Market Day is cancelled due to a forced government lockdown (COVID-19 or otherwise) within 7 days of the Market Day, WRCAV will retain discretion to determine the Stallholder’s eligibility for a refund or credit.
3. If WRCAV cancels a Market Day for any reason prior to the scheduled market date, WRCAV is obligated to provide refunds.
4. If a CODE RED DAY is called by the CFA, then the market will NOT operate that day.
6. WRCAV will not be held responsible for any loss including fees paid by stallholders, damage or injury whatsoever resulting from adverse weather conditions.
Occupational Health and Safety
1. Stallholders can park in the halls parking area and unload their goods and props. Thereafter they must move their vehicles to the parking area at the Wandin Shopping Village to make space for visiting cars.
2. Dogs or other animals are not permitted at market venues.
3. Smoking is prohibited within the market area.
Waste and Rubbish Removal
1. Stallholders are required to remove their own rubbish and waste from their stall location.
2. Boxes & cartons must be removed from the market area.
3. If rubbish, waste, boxes or cartons are left by the stallholder WRCAV reserve the right to charge the stallholder a levy.
4. The waste bins provided at the markets are for the general public use only, and not for stallholder’s to dispose of their waste.
5. Stallholders are responsible for leaving their site and surrounding area clean, tidy and undamaged.
6. Stallholders must leave their site in the same condition as they found it.
Stall Set-up and Equipment
1. Stallholders must provide their own covers and stall set-up which must be good in presentation.
2. All stall equipment including racks, tables, signage etc must be contained to the stall site boundaries. Public access walkways must be clear at all times.
3. Tents, covers and all stall equipment must be erected securely and secured at all times regardless that it is inside a h all. All tents must have foot pads to not scratch the floor.
4. All equipment must be in good repair and be operated in a safe manner.
5. WRCAV reserves the right to withdraw the stallholder’s attendance at any future market day for poor presentation that is not in keeping with overall appearance expected of stallholders.
6. Stallholders must not use their products as weights to hold down, or prop up, their stall.
Food stalls
1. Food stallholders must comply with any local, state & federal health and food legislation and regulations, and shall indemnify WRCAV for any claims, suits or actions which arise out of the stallholder’s breach of such legislation and/or regulations.
2. Stalls selling alcohol (bottle only) must supply WRCAV copies of their liquor license 14 days prior to the market day. Stallholders selling liquor must ensure that their Liquor Licence is displayed on or within their stall and that it is clearly visible to the public.

3. Failure to comply with health department standards and regulations may result in immediate closure of stall and future stalls and may only be reinstated once WRCAV are satisfied all standards and regulations have been adhered to.
4. Stallholders selling take away foods or drinks must have temporary floors at their site on market days..
General- Stallholders Code of Conduct and Responsibilities
1. Stallholders must respond co-operatively to any direction given by WRCAV 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.
2. Stallholders must not act in a verbally or physically abusive, dangerous, or disruptive manner and if so it will not be tolerated and will result in immediate termination.
3. Stallholders must ensure that their activities do not endanger the safety or security of any people at Markets.
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.
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
6. Stallholders must report to the WRCAV any incident or accident to any person or property that involves loss or could be expected to give
rise to a claim.
7. Loud product promotion of their products at stall sites or in walkways by stallholders is not permitted.
Warranties & Representations of Stallholders
1. WRCAV permits the stallholder to attend the market in reliance on the following warranties and representations hereby made by the stallholder:
(a) The stallholder is the legal and beneficial owner of the WRCAV approved products with full power and capacity to sell the approved products to a third party without any encumbrance;
(b) The stallholder is not in reliance on any representation or statement made by WRCAV that is not expressly contained in these regulations;
(c) Will follow WRCAV’s instructions from WRCAV on market days;
(d) 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 retail laws currently in force;
(e) The stallholder does not bring into the market any hazardous materials or substances or any illegal material or substance;
(f) 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;
(g) That the stallholder’s site will be setup and will be maintained in compliance with Work Safe’s Codes of Practice
(h) The stallholder agrees and understands that the stallholder’s contact details may be provided to customers if WRCAV receives a request unless the stallholder expressly states in writing to WRCAV not to adhere to such a request.
2. Without limiting the generality of these terms, the stallholder acknowledges and agrees that WRCAV is not liable for any claim or loss suffered or incurred by the stallholder in relation to or in connection with:
(a) 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.
(b) Any failure by the stallholder to sell the approved products;
(c) Any journey from or to the market;
(d) Anything occurring off the market site, including anything that occurs at market; or
(e) 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 WRCAV which cannot be excluded, restricted or modified or except to a limited extent. The limitation provisions are subject to these statutory provisions. In particular, if the statutory provisions apply, WRCAV’s liability is not limited, in the case of any legislation that prevents any
limitation WRCAV’s liability or, if the legislation does permit a limitation of liability, WRCAV’s liability is limited to the cost of WRCAV refunding the Stall Fee.
Stallholder Indemnity
1. Without limiting the generality of any other provision of these regulations, the stallholder hereby indemnifies and holds WRCAV harmless from and against all claims, suits or losses arising out of or in connection to:
(a) The Stallholder’s occupation of the market;
(b) The sale or attempted sale of the approved products or any other products or services;
(c) Any injury or harm suffered by the stallholder;
(d) 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 or by the equipment, setup or installation of the stallholder;
(e) Any loss or damage to the stallholder’s property regardless of the cause of that loss or damage;
(f) The death of any person of a consequence, in whole or in part, of any act or omission by the stallholder;
(g) Any breach of these regulations by the stallholder; or
(h) Any legal costs on a full indemnity, solicitor-client basis incurred by WRCAV as a result of the stallholder’s breach of these regulations.
Exclusion of Liability
1. The Stallholder acknowledges and agrees that WRCAV 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 WRCAV has made no warranty or representation in relation to or in connection with:
(a) The prospects of the stallholder for selling the approved products at the market;
(b) The stallholder’s access to people visiting the market or the access those people have to the stallholder;
(c) The existence, number or quality of products that will compete with the approved products for the attention of prospective buyers;
(d) The existence or extent of services and/or facilities of any kind at the market;
(e) The position within the market that the stallholder will occupy;
(f) The suitability of the market for any particular purpose or the existence of any latent or patent defect at the market;
(g) The extent, if any, to which other visitors to the market might interfere with the stallholder’s use of the market;
(h) The existence or extent of any advertising or promotional activity or material that may or may not be published or undertaken by WRCAV;
(i) 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
(j) The existence or extent of any security at the market.
WRCAV’s Representations
1. WRCAV’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 WRCAV at any time in writing and without any period of notice. WRCAV reserves the right to undertake any of the following actions without notice:
(a) Re-locate a stallholder to another stall within the market;
(b) Require the stallholder to remove from sale any goods or services offered by the stallholder which are not approved products; or
(c) Request that the stallholder undertake any reasonable measure which in the opinion of WRCAV will improves the safety of the stall or to raise the level presentation of the stall and its products.
Termination
1. WRCAV 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:
(a) Fails to abide by the markets set up or pack up conditions;
(c) Fails to abide by the market’s trading hours;
(d) Fails to abide by the terms and conditions of the market’s rules and regulations;
(e) Fails to limit the products offered for sale to approved;
(f) Commits a criminal act at the market;
(g) Commits an act that is a breach of the Work Safe’s Codes of Practice; or
2. The Stallholder shall indemnify WRCAV for any and all losses suffered by WRCAV sue to the Stallholder’s breach of this Clause 19, including but not limited to:
(a) any fine received by WRCAV from WorkSafe, Victoria Police or any other government body or authority;
(b) any injury or harm suffered by WRCAV, WRCAV’s employees or the patrons of the market;
(c) any legal costs on a full indemnity, solicitor-client basis incurred by WRCAV as a result of the stallholder’s breach of these regulations.

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