Terms and Conditions

KINGSCLIFF FARMER'S MARKET (KFM)
Northcoast TAFE, 806 Cudgen Rd, Kingscliff NSW 2487

TERMS & CONDITIONS (T&C’s)

2017

 

 

Our success in this market, is yours as well

 

 

Site Location and Operating times: 
Northcoast TAFE carpark –  806 Cudgen Road, Kingscliff NSW 2487

 

KFM will operate each Saturday from 7am – 11am (NSW DST), except Christmas Day.

 

All stallholders must be setup and ready to operate by 6.45am each week.

 

Each stallholder agrees to offer an abundance of fresh food produce/product, consistent with the foot traffic entering the market.

 

 

Applications:

Stallholders must submit an application form prior to trading at KFM, via our website www.kingsclifffarmersmarket.com.au, prior to receiving approval to trade.  Manual application forms are available upon request.

By submitting your application, you agree to be bound by the T&C’s outlined below.  

If at any time it is determined you breach these Terms and Conditions, KFM reserve the right to terminate your contract as a stallholder.  Under these conditions, the stallholder may forfeit their full security bond.

 

Multi-level marketing companies and commercial retail shops are NOT permitted to operate at KFM.

No shared stalls are permitted at KFM, nor is any stall permitted to sell the produce or products of another business, without the authorisation of KFM.

 

Casual stalls are NOT permitted at KFM 

 

 

Fees and requirements:

All stall costs are inclusive of GST

 

3m x 3m stall cost $66 per week
3m x 6m stall cost $99 per week
3m x 9m stall cost $132 per week

 

Any stall requiring a larger site will need to contact KFM for a price, which will be negotiated based on stall size requested.

 

PLEASE NOTE:  Stall fees may increase at any time due to unexpected or increased costs of market operation.  In this event, all stallholders will be provided 2 weeks written notice of fee increases.

 

 

Operating Agreement:
Operating terms will be discussed with stallholders upon application.  Stalls are to operate every Saturday, unless the market is cancelled by KFM due to extreme weather conditions.  The agreement ensures a commitment to KFM that you will provide an abundance of produce/product each week, will arrive and be set up for business at opening times, as well as commit to providing our customers reliability and consistency each week to ensure repeat business and positive "word of mouth" throughout the community and surrounds. 

 

There will be NO refunds of weekly fees under any circumstances, UNLESS the market organiser cancels the market.

 

All agreements will be offered to the individual stallholder with operating terms stipulated.

Any stallholder not wishing to continue with the renewal, must advise KFM in writing 2 weeks before termination. 

 

Failure to do so, and the subsequent non-renewal of your agreement, may result in forfeiture of your full security bond.  Early exit from the market within the 12wk Operating Agreement period, will also cause forfeiture of security bond.

 

Weekly stall fees are due and payable by Tuesday 5pm weekly, prior to market day.

 

Electronic fund transfer or direct debits are the preferred methods of payment.
Cheque payment is acceptable, however funds must be cleared by the Tuesday before market operation on the following Saturday. 

 

Cash payment is not acceptable, nor is payment on market day, unless pre-arranged with KFM organisers

 

A late fee of $20 may apply if a stallholder is in breach of payment terms.  Continual late payments and chasing of weekly stall fee may result in termination from the market.

 

If a stall reneges on payment (without prior arrangement), no site will be available to you on market day, and KFM reserves the right to cancel your site for future markets.  In these instances, there will be no refund of security bonds paid.

 

 

Refunds, credits, security bonds and late fees:

A security bond may be required from each new suitable stallholder, prior to operation at the market.  This will be discussed upon application. 

 

This will be held as security against any non-payment of weekly stall fees, as well as sudden exit from the market for any reason within the agreed operating period. 

 

A refund of full security bond will ONLY occur when all payments owed to KFM are up to date and paid in full.  Any arrears or outstanding payments will be taken out of the security bond.  Security bond must be held at 2 x weeks stall fee at all times. 

 

If any stallholder does not wish to renew their quarterly contract with KFM, 2 weeks’ notice, in writing, is required prior to the end of the said contract dates. 

 

Any stallholder leaving the market WITHIN the contracted period for ANY reason will forfeit their full security bond.

 

No credits will be offered by KFM.

 

 

Arrival Time:

Vehicles are permitted to enter the market to unload directly to your stall no earlier than 5.30am.  Flood lights will be on to assist KFM stallholders, and security will be present at each market.

All stalls must be setup and ready for trade no later than 6.45am.

 

It is mandatory to remove your vehicle (unless working from it) from the market trading area and park at the rear of TAFE allowing your customers convenient parking at the front car park.

No vehicles area permitted to mount the curb at the market site.

 

 

Departure Time:

Have all your stall packed up, and waiting for your vehicle to enter in an orderly fashion, to remove your stall from site.

 

You are expected to enter the premise according to vehicle traffic signs, as this is one way entry and exit.

 

All stalls are to remain until closing time even if trade has slowed or is sold out of product, except in the event of an emergency.

 

No cars are to enter the market site before 11am, and can only do so then if safe and there are no customers present for the safety of all. 

 

Parking and Disabled access:

Disability access is available at this site.

 

Parking is free to all stallholders and consumers at VFM, and there are 7 available disability parking bays.

 

Electricity:

Electricity will be provided to stalls requiring powered sites and will incur an extra weekly charge of
1x 10 or 15 amps @ $10.00 per week (inc GST)

KFM does not take on responsibility of any power shortage or unforeseen circumstances, and a credit will not be issued in these unlikely events.  In this instance, it is the responsibility of the stallholders to have available a “backup” method of power.

 

All power cords and leads must be supplied by individual stallholders and MUST be “tagged and tested” in accordance with NSW legislation.  Evidence of this is required by KFM by applicable stalls.

 

If not properly “tagged and tested” with current dates, those cords and leads will not be able to be used, and that stall will not be permitted to operate due to NSW Health and Safety regulations.

 

 

Site allocation & stall requirements:

KFM will allocate stall in accordance to requirements, size of stall and whether electricity is required.

 

AT NO TIMES are stallholders permitted to swap a site or change position without the prior approval by KFM.  Your site is allocated to you, and may be reviewed annually, or upon request.

 

No equipment is supplied by KFM.  Stallholders will need to bring all necessities to their stall for service including tarps, electrical leads (tagged & tested) ropes and weights required for safety to stabilise and secure your site from hazards.  

 

Tables, chairs and display equipment, as well as water required at your stall, must be brought with you.  There will be one tap available for stallholders for emergency use, or to top up your own supply, but this is not to be misused.

 

 

Health & Safety:

KFM is an alcohol and smoke-free event. Smoking is permitted outside of the allocated market trading area only.

 

NSW TAFE is a pet and dog free zone. Therefore NO pets are allowed onto the premises at any time.

 

It is the responsibility of each stallholder to ensure that their stall is safe at all times, no electricity leads are to be exposed to the public, all cooking areas are to be positioned at the back of your stall unless contained and have been approved by NSW food standards and local government Health and Safety officers.

 

KFM takes NO responsibility for your site. 

 

All equipment needs to meet all NSW safety standards.  All electrical cords must be “tagged and tested” and tarps need to be weighted down with appropriate ropes and weights to protect consumers and stallholders from weather hazards.

 

 

Labelling:

All stallholders must comply with appropriate labelling regulations in accordance with the Food Act 2008 and the Australia New Zealand Food Standards Code. www.foodstandards.gov.au

 

All stallholders who make claims regarding Organic or Biodynamic produce must display the appropriate current certification on their stall and packaging to verify their claims.

 

Any fees associated with random Health and Safety audits conducted on site by Tweed Shire Council at any given market, will be on-forwarded to applicable stalls, and payment will be required in the following weeks payment, along with usual weekly stall fee.

 

 

Measures & weights:

Stallholders must meet requirements under the Weights & Measures Act.  

 

All packaging should be in accordance with the guide link below and easily visible to consumers, with correct ingredient and weights provided

http://www.measurement.gov.au/Publications/trademeasurement/Documents/Guide%20for%20Market%20Stallholders%20and%20Roadside%20Traders.pdf

 

 

Food Safety:

The market organisers of KFM assume no liability for stallholders non-compliance regarding their legal obligations about this matter.  Regarding their stall, each stallholder individually indemnifies the market organisers for any breach of law in this matter.

 

The market organisers of KFM accept no responsibility to a stallholder or cuistomer for the product(s) offered for sale, if misinformation or incorrect product information, or advice as to its effectiveness or contents, is provided to a customer, and the stallholder indemnifies the market organisers in these regards.

 

Stallholders must register their business in accordance with all relevant State and Federal legislation and local Council regulations.  Food regulations differ from state to state and each local council area, therefore it is the stallholders responsibility to comply with all aspects of its legal obligation.

 

Please see below some guidelines below for your knowledge:

 

 

 

Disclaimer of Liability:
Stallholders do hereby individually indemnify and hold blameless the market organisers of KFM regarding any damage, injury (including death), loss, expense or other liability sustained by a member of the general public which occurs either in the space occupied by the stallholder, or elsewhere (by way of example only, where stallholders vehicles may be parked) arising out of its occupancy or anything connected herewith

 

The event organiser will not be liable for any injury (including death), loss or damage suffered by the stallholder, their staff or assistants, from or in connection with their activities conducted at the market.

 

Insurances:
Current Public Liability insurance MUST be held by all stallholders operating at KFM. 

 

A minimum cover of $10 million is required, and a Certificate of Currency must be emailed to KFM prior to acceptance to the market at: info@villagefarmmarkets.com.au 

 

The renewal of this insurance will be followed up each year by KFM, and a current schedule is required to be held and provided to KFM at all times. 

 

No stallholder will be able to operate under a lapsed or non-renewed policy.

 

Professional Indemnity insurance is suggested (although not compulsory), however KFM holds no responsibility for stallholders and the products they offer and sell, if misinformation or incorrect advices on a product, or its contents, are provided to a customer.

 

 

Orderly Behaviours & Expectations:

As mentioned, all stallholders agree to offer an abundance of product consistent with foot traffic entering the premises.  Consistent failure to produce this may lead to revocation of your contract.

 

KFM understand that most producers/sellers have already paid their share of fees relating to farm audits, therefore proof of letter from farm auditor can be emailed with full business details to info@kingsclifffarmersmarkets.com.au, and will be accepted.

 

Any new stallholder must have their farm/business inspected prior to attendance being approved. Your portion of the shared audit fee will be mandatory at time of inspection.

 

Stallholders and relevant staff working at their stall must be able to provide clear instructions and understanding of their product at all times.

 

Stall holders must comply with requests and direction from KFM at all times.

 

Trading times of KFM are subject to change at any time, although will be advised with as much notice as possible, if an unforeseen event arises.

 

At KFM we work as a team.  Any issues, either related to an individual stall, or with other stalls, are to be discussed directly with KFM Market Managers.  Adverse discussions with other stalls, or the general public, which impacts adversely, or damages the reputation of KFM, or the relationship with other stall holders or the general public, may result in the stallholders position at the market to be reviewed or terminated.

 

 

Reporting of hazards and Incidents:

All hazards should be reported directly to the KFM manager as soon as possible. 

Incident report forms are held at the market managers stall at all times.

It is prudent to report even minor incidents by filling out an incident report form while the incident is fresh in one’s memory. It may not seem important at the time but may prove useful later, especially if claiming insurance.

 

                 

Responsibilities of Stallholders in the event of an Incident

a) Provide accurate information concerning incident.

b) Report hazards and incidents to the information tent as soon as possible.

c) Complete an incident report form if necessary.

 

Responsibilities of KFM Market Manager in the event of an Incident

a) Provide accurate information concerning incident.

b) Consult with Market Manager as appropriate

c) Close section of market where incident occurred if appropriate.

d) Assist in normal return to operations

 

Responsibilities of KFM Market Manager in the event of an incident

a) Coordinate all crisis response activities.

b) Contact relevant stakeholders.

c) Work directly with police, fire department and local authorities.

d) Assesse and identify facility and environmental needs.

f) Coordinate repairs and clean up with appropriate staff.

g) Establish who and what will be done

h) Manage the information flow to the public, media and stallholders

 

 

 

Promotion material:

As a stallholder in connection with KFM authorise the use of and potential advertising of all photographic material that may contain your produce/product as well as used as images on our social media pages/ website and advertising via other avenues such as posters, banners etc.

 

Please advise KFM if you have objection to this.

 

 

Rubbish and disposal:

It is the responsibility of every stallholder to remove their own rubbish (liquid or solid), and are NOT permitted to use wheelie bins provided by KFM.

 

At NO Time will any liquids or oils be discharged into TAFE drains, toilets or sinks. If this occurs, all costs, fees and charges paid to any contractor and any applicable penalty or expense imposed by the TAFE, will be on forwarded to the stallholder for

 

 

Weather:

It is expected that ALL contracted stallholders will operate each week, rain hail or shine. 

 

The ONLY time where this may change is when KFM Managers cancel the market due to extreme weather conditions, which may cause a danger to its stallholders and customers. 

 

In this event, KFM will contact each stallholder via phone as soon as practical, prior to market operation.

 

It is the responsibility of each stallholder to be contactable on the afternoon prior, or morning of, each weekly market.  Updates will also be made on our social media pages and website for such cancellation. 

 

ONLY under these cancelled conditions, will a refund of the weekly stall fee occur.

KFM takes no responsibility for a stallholder who may attend under such cancelled conditions, if they have been unable to be contacted prior.

 

Market managers will be contactable at all times if there is ever a query from the stallholder of the market operating under extreme weather conditions.

 

Thank you for your interest in Kingscliff Farmer's Market.

 

KFM organisers:

Ainslie Lawrie – 0407 722 910
Gabrielle (Gabby) McGuren – 0428 546 759