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Terms and Conditions  −  Footscray Park Bowling Club - Trash & Treasure Market

The Footscray Park Bowling Club (FPBC) Market in the Car Park is on Sunday 3rd April 2022. Please red below for seller/stall holder information and our terms and conditions:

Stall cost is $35 for a single space or $60 for a double space (side-by-side car parks) and is paid by credit card. When booking, the Terms and Conditions should be fully understood before proceeding. By finalising your booking, you are agreeing to the terms and conditions.

MARKET OPERATING HOURS
The FPBC Car Park will be open for you to set up at 7:30am on the day of the market. You must be set up and your car removed from the market area of the car park by 8:30am unless of course your car is part of your stall. Gates open for visitors/customers at 9:00am. Stall holders are required to stop trading at 1:00pm, and to be packed up by 2:00pm. Vehicles cannot be moved from the market area until 1.30pm

PRODUCTS SOLD AT THE MARKET
Products sold are second hand or hand-crafted goods, specifically made by the stallholder. Goods not permitted for sale include food, drinks, new goods (except for the odd product of yours which you have not used e.g. an unwanted present, or an item you have bought for which you have no use), factory seconds or samples especially clothing, animals or make-up products.
Unfortunately, we do not hire trestle tables, marquees, cashboxes, or any other equipment you may require for your stall. As a stall holder, you will need to provide any items you require for your stall.

CONTACT
Market organisers can be reached on the following email address: enquiries@fpbc.org.au
The Footscray Park Bowling Club can be reached on 03 9687 5563 where a message may be left with venue staff if you require a call back.

FOOTSCRAY PARK BOWLING CLUB INC
Footscray Park Bowling Club is an incorporated association overseen by a voluntary Committee of Management. The Committee of Management oversee the strategic direction and operational viability of the club and are elected by the Affiliated Members.
The below covers off some important information in detail around:
• General information about the market
• Terms and Conditions

Please read and fully understand this information.
1. GOODS ALLOWED TO BE SOLD
By booking a stall, you have previously agreed to the Terms & Conditions of the market, but we remind you that only second-hand goods or goods hand crafted by you can be sold at the market. Specifically, new goods, factory seconds or samples are NOT allowed to be sold, except for the odd product of yours which you have not used (e.g. an unwanted present, or an item you have bought for which you have no use). Also, food and drinks are NOT allowed to be sold.
2. ARRIVAL TIME
The FPBC Car Park will be open for you to set up at 7:30am on the day of the market. You must be set up and your car removed from the market area of the car park by 8:30am unless of course your car is part of your stall. Gates open for visitors/customers at 9:00am. Stall holders are required to stop trading at 1:00pm, and to be totally packed up by 2.00pm.
3. ARRIVAL PROCEDURE
The market is at the Footscray Park Bowling Club, 1 Hoadley Ct, Footscray, and operates in the top (north western) section of the carpark.
Please arrive via the main gates to your left a short way down Hoadley Court after the traffic lights from Ballart Road. A marshal will direct you from the main entrance / boom gate and up to your designated space. Once you have set up and wish to park your car off site, please leave via the top boom gates which lead directly onto Rippon Street. There will be someone onsite to assist you and check you are in the right spot.
4. CAR PARKING
If you are trading out of your car/van, you can leave your car on your stall. If not, you can unload your goods and park your car in the off-site car parking. There is parking available in nearby streets. Additionally, there is some limited car parking on site however this is first come, first served for stall holders.
5. STALL DIMENSIONS
Each stall is the size of a standard car park. This is approximately 5.5 metres deep and 2.4 metres wide.
6. RUBBISH
Please take any rubbish on your stall with you when you depart and leave the area as you found it. There is no waste disposal available for stall-holders onsite.
7. MARKET CLOSEDOWN
Trading needs to cease at 1:00pm. Stalls need to be totally packed up by 2:00pm. This allows for the car park to be used by our social and bowling club members for the remainder of the afternoon. You are of course most welcome to stay for a barefoot bowl and a drink at the club!
8. FURTHER QUERIES
Please submit all queries to enquiries@fpbc.org.au and include the name your stall was booked under to avoid delay in response.

TERMS AND CONDITIONS FOR THE USE OF STALLS AT THE FOOTSCRAY PARK BOWLING CLUB (FPBC) MARKET GENERAL TERMS
1. The Footscray Park Bowling Club (‘FPBC’) operates the FPBC Market in the Car Park (‘the Market’) located in Hoadley Ct, Footscray.
2. These Terms and Conditions apply to all persons operating stall sites at the Market.
3. For the purposes of these terms and conditions, “person” includes any person who applies for a stall (‘Applicant’) and any person who occupies that stall for the purpose of selling any goods regardless of whether they are the Applicant or not. A person includes a corporation.
4. These Terms and Conditions may be amended from time to time at the sole discretion of FPBC including by the addition, deletion or variation of terms and conditions.
5. Where FPBC amends the Terms and Conditions it will post them on its website within a reasonable time. Applicants will be deemed to have agreed to the amendments by continuing to maintain a stall at the Market.
6. FPBC reserves the right to publish photographic images of Applicant stallholders and/or their stall sites taken at the Market for use in their promotional material.
7. Stall bookings are final and non-refundable but may be transferred with permission of FPBC
8. Applicants must comply with all directions given by persons representing FPBC.
9. Any breach of the Terms and Conditions by an Applicant may, at the absolute discretion of FPBC, result in the booking and/or allocation of a stall site being withdrawn and/or further bookings of stall sites not being accepted.
10. FPBC will allocate stall locations. Where an Applicant is granted a site for a stall, the Applicant’s allocation of a stall and its ongoing use is subject to the Applicant agreeing to and continuing to comply with the Terms and Conditions.
11. Where FPBC considers a booking or allocation to be detrimental to the Market or to other stallholders, FPBC expressly reserves the right to: a. Cancel any booking of a stall site; and/or b. Reallocate a stall site irrespective of the stall site number indicated on a stallholder’s ticket in circumstances; or c. Cancel any booking in circumstances where a stallholder has submitted false or misleading information.
12. FPBC reserves the right to determine any dispute between Applicants in so far as any such dispute is in connection with the Market or the use and occupation of stall sites.
13. Applicants must ensure that their activities (both actions and omissions) do not endanger the safety or security of any persons at the Market.
14. Applicants must report to persons representing FPBC any incident or accident to any person or property that involves a risk to health and safety, injury, loss or could otherwise be expected to give rise to a claim.
15. At the time the Applicant is advised that it has been allocated a stall it must pay the required fee (“the fee”).
16. The Market trading hours are 9:00am – 1:00pm. Stall sites may be occupied from 7:30am for set up.
17. The Applicant must pack up its stall site so that the Market area is returned to a car park by 2:00pm.
18. FPBC will operate the Market in a variety of adverse weather conditions and representatives of FPBC will remain in attendance irrespective of adverse conditions. Applicants are advised to bring their own protection against the elements. There will be no refunds.
19. Applicants may only operate within their allocated stall site. The stall space is defined by the marking of a single car park parking space.
20. Applicants may transfer their site to another stallholder with the prior written permission of the organisers.
21. Applicants must keep their stall sites always clean and orderly and the surrounding areas free from rubbish and litter. All rubbish and unsold goods must be removed from the Market upon departure.
22. All stall equipment including racks, tables, signage etc. must be contained to the stall site boundaries. Public access ways must be always clear.
23. Marquees, covers and all stall equipment must be erected securely and weighted or always secured.
24. All equipment must be in good repair and be operated in a safe manner.
25. No power generating equipment is allowed
26. Applicants must behave with courtesy and respect towards members of the public, other stallholders, persons representing FPBC and volunteers.
27. Applicants must not consume alcohol or drugs at the Market and must not attend their stall if they are in any way impaired by alcohol or drugs.
28. Loud product promotion by Applicants is not permitted.
29. Animals are not permitted in the Market unless on a leash.
30. Applicants are expected to take their waste with them when they leave the stall site and not to dump or otherwise dispose of their waste or unsold goods in the waste bins provided at the Market.
31. Applicants suspected of committing a criminal offence will be reported to the police.
32. Firearms are NOT permitted in the Market.
33. Applicants are only permitted to sell second-hand goods or handcrafted goods made by the Applicant.
34. Applicants are not permitted to sell: (a) New factory-made goods, factory seconds, samples (including apparel), animals, poisonous products, prescription medication, make-up products, illegal goods, pornography, firearms, ammunition, explosives, weapons including knives, dangerous goods, counterfeit or copied goods, cut flowers. (b) Raffle tickets; and (c) Goods which may be considered, in FPBC’s sole and absolute discretion, to be offensive to the general public. The determination of whether goods may be offensive to the public is final and binding.
35. By applying for a stall the Applicant accepts responsibility for all its legal obligations under any Acts, Regulations, By-Laws, Codes, Guidance and Standards or other sources of legal duties and any other legal requirements relevant to the sale of its goods including the law of negligence. The Applicant understands and accepts that it is strictly liable for the legal obligations and that lack of knowledge is not an acceptable excuse or defence. Guidance
36. The references and guidance (“Guidance”) provided in relation to your legal obligations is provided by FPBC for your assistance only. The Guidance is NOT complete. It is intended only to highlight key issues on a general basis. Some goods may have specific requirements. The information contained in the Guidance below (including web site addresses) may change and it is your responsibility as an Applicant and stall holder to ensure that you identify, understand, and comply with your obligations.
37. While all care has been taken in providing the Guidance below, the responsibility to understand all laws applicable to its proposed sales, rests with the Applicant/Stall Holder. FPBC will not be liable for any inaccuracy or ambiguity in the Guidance. Second hand goods and Registration Requirements Applicants who carry on the business of buying, selling, exchanging, or otherwise dealing with second-hand goods must register with Consumer Affairs Victoria or risk a fine. There are exemptions to the need to register such as where you only trade in ‘exempt goods’ as set out by Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008 (Vic).
38. Applicants selling second-hand electrical equipment (which includes equipment such as USB chargers, travel adaptors and power supplies/transformers) must comply with the obligations detailed by Energy Safe Victoria. This includes the obligation to attach a label stating that the equipment is second-hand, and in addition that:
(i) the equipment has been inspected and tested and is compliant with AS/NZS 3760 - In-service safety inspection and testing of electrical equipment; or
(ii) where the equipment has not been tested and labelled in accordance with these requirements it must include a clearly legible statement, prominently displayed stating in addition to the statement that it is second hand the additional words as follows: DANGER – DO NOT USE OR CONNECT TO SUPPLY – THIS SECOND-HAND ELECTRICAL EQUIPMENT MAY BE FAULTY AND SHOULD BE INSPECTED AND TESTED BY A COMPETENT PERSON IN ACCORDANCE WITH AS/NZS 3760 MOVEMENT AND PARKING OF VEHICLES IN THE MARKET AREA
39. Drivers should drive at a walking pace, not to exceed 5kph, within the Market area.
58. The driver is totally responsible for the parking and movement of the vehicle and/or any trailers. Reliance on any third party for direction, signalling or guidance does not diminish the driver’s responsibility.
40. Applicants may park their vehicle within the stall site allocated to them or in the off-site stallholder parking.
41. FPBC is not an agent for any Applicant and accepts no responsibility for any transaction entered into by or on behalf of an Applicant.
42. The Applicant uses and occupies the Market stall site allocated to him or her at his or her own risk and releases FPBC from all claims, causes of action, complaints, liability, demands, costs or expenses that any person might have in connection with or arising in any way from the use and/or occupation of the Market and/or stall site by the Applicant or people acting for or on behalf of the Applicant.
43. The Applicant indemnifies and holds harmless FPBC, including Market management, staff and volunteers, against all claims, causes of action, complaints, liability, demands, costs or expenses that any person might have in connection with or arising in any way from the use and/or occupation of the Market/and or Car Park and/or stall site by the Applicant or people acting for or on behalf of the Applicant.
44. The Applicant indemnifies FPBC for any action against it for stolen or illegal goods sold by the Applicant.

THE FPBC MARKET SAFETY INFORMATION.

COVID19 Information
• Stallholders are required to provide proof vaccination in accordance with the Victoria Department of Health Guidelines at the time of the market.
• We consider the health and safety of all our stall holders, volunteers, and visitors a priority.
• Masks to be worn in accordance with the Victorian Government health directions
• We recommend that stall holders to provide hand sanitizer on your stall for customer use
• It is advised that stall holders disinfect high touch surfaces twice during market operating hours.
• Please ensure items are clearly labelled with prices to avoid excess handling and limit interaction
• Follow current public health advice about face masks and social distancing
• Do not attend the market if you are unwell, or been in contact with anyone who has COVID19.
While as a Stallholder you must:
a) take reasonable care for your own health and safety.
b) b) take reasonable care that your acts or omissions do not adversely affect the health and safety of other persons, including your staff (including family members & friends)

ALL PERSONS HAVE A RESPONSIBILITY AND OBLIGATION TO ACT AND WORK IN A SAFE MANNER AT ALL TIMES (DUTY OF CARE). Everyone has a responsibility to themselves and others to observe the safety rules and regulations that are in force on this site.
All Stallholders and their staff are required to:
- Observe safety requests from the Market staff
- Comply with all safe working practices and procedures
- Immediately report to the Market staff any potential workplace hazards, mishaps, incidents, or injuries
- NEVER use unsafe or illegal practices. Ensure no other person or themselves are placed at risk. All accidents, incidents and near misses must be reported to the Market staff, even if they do not result in injury or damage. In the event of injury, first aid or medical treatment must be obtained. Failure to report and obtain treatment may lead to complications of the injury.
In the event of a serious injury:
- Do not panic
- Ensure the safety of yourself and others around the area
- Contact emergency services “000”
- Advise of where the emergency is, what has happened, what is being done, who is calling
- Do not hang up unless told to do so
- Then advise the Market staff as soon as you can
- Ensure the injured person/s is in no further danger and make sure they are comfortable
- Do not move the injured person/s unless they are in a life-threatening situation, and
- Ensure airway is clear.

EMERGENCY PROCEDURES In the event of an emergency you will be directed by the Market staff. It is imperative that in the event of an emergency you:
- Do not panic
- Do not run
- Assist others if required
- Follow instructions
First aid and a defibrillator are located inside the clubrooms.
It is prohibited for any Stallholder and their staff to be under the influence of alcohol or illegal drugs whilst on site.
Toilets are located inside the clubrooms.
No power mains or portable generators are to be used on any stall
Housekeeping
Everyone is responsible for ensuring the site is kept in a safe and clean condition to minimise risks to health and safety. All Stallholders must abide by the following:
- Stack materials to always provide clear access
- Treat the site with care
- Report any potential hazards to the Market staff
- All rubbish and waste material from your stall is to be removed offsite.
Manual Handling:
Use a partner where loads are deemed to be too heavy for 1 person
Do not lift anything if you are not confident you can do it
All Stallholders and their helpers are responsible for protecting themselves against UV rays and ensuring they are kept hydrated.
It is not permitted under any circumstance for vehicles to be driven or moved in the Market area whilst the Market is operational from 9:00am to 1:00pm.


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