Merimbula New Year Eve 2023 Market - Terms and Conditions for stallholders (rev A)
1 Sites
The Market has150 sites and operates under a Safety Plan. Central sites are 4m by 4m. Perimeter sites are 4m wide but deeper with space for parking. Some sites are powered. Stallholders’ vehicles are parked exclusively within the park boundary. Stallholders are limited to a maximum of 2 adjacent sites.
2  Booking, Payment & Cancellations
Bookings & Payments are online only via: Help and advice for booking by phone 0429 855 623 or email from the market manager. Stallholders select their preferred sites. Sites will be allocated at Rotary’s discretion and Stallholders’ requirements accommodated as practical. Not For Profit Organisations are recognised and receive 100% discount of site fees. Stallholders will be liable to pay for any Booked site unless:
  • Stallholder cancels up to 7 days before Market Day to receive a 100% refund
  • Stallholder is genuinely unable to attend the market
  • The market is cancelled due to poor weather or other event
Stallholders that have prepaid should apply to market manager for Refund.
3 Site Fees
Stall fees are:
  • $40 per standard 4m square site
  • extra $10 for stalls with parking
  • extra $5 for stalls with electricity
  • ‘Stall Holder Enabling Package’ $5 Market Advice & Assistance and inclusion in our Complementary Public & Product Liability Insurance
Stallholders pay $0.50 online ticket fee. Rotary covers bank charges.
4 Market Times and Access
Vehicles to be driven carefully at not more than 5 km/h
Entry for stallholder from 08:00 am Open to public from 10:00am to 15:00pm.
Vehicles must be in designated stallholder parking. NO vehicles in stall areas 10:00am to 15:00pm
All vehicles and stalls must be cleared from the site by 17:00pm as the gates will be locked closed. Overnight parking is prohibited at Ford Park.
5 Insurance
Stallholders must have valid Public Liability Insurance. Policy details need to be entered when booking and Certificates made available to the Market Manager on request. Stallholders operate at their own risk. Stallholder shall save, defend, indemnify, release, and hold harmless Rotary, its Market Managers and Volunteers from any claim or charge howsoever arising or caused.
6 Food
Food served to the public shall be wholesome, freshly prepared or cooked with the required skills and care. Food vendors shall comply with BVSC Food Safety guidance which may be reviewed on BVSC Environmental Health Officer shall be notified of food vendors. All food containers, eating implements, tissues/napkins, straws, etc., shall comply with BVSC FOGO guidelines and practices, i.e., be made from paper, cardboard, or wood. Stallholders producing food waste must provide bins & remove rubbish.
7 Management, Organisation and Operation
Rotary establishes and operates the market within a defined structure and in compliance with the requirements of Licence. The Market Manager has single point responsibility for control and operation. The Market Manager is assisted by and delegates to Operational Manager & Assistant Managers. Stallholders are to follow the directions of the respective Managers. The Market Manager reserves right of entry, continuance of Stallholder in the Market, preventing sales of inappropriate goods or materials, abusive or poor behaviour and may cancel the market if events or weather risk safety operation. Rotary is apolitical and the Market is not a platform to express or promote any particular views.
8 Rules and Compliance
Rotary conducts the market in accordance with rules set by BVSC in the Licence to operate the Market. Stallholder shall comply with Council's (BVSC’s) safety policy (embedded in the Market Licence), the Rules below and follow the directions of the Market Manager. Rotary reserve right of entry to the Market. The rules are formal requirements. Special arrangements may be accommodated at Market Manager's discretion provided they do not adversely affect others or the operational safety of the market. Stallholders shall act respectfully to others and be mindful of their actions and effects on others. Undue noise or loud music shall not be permitted. Dogs shall be always leashed & under good control, at the owners’ risk. Non-Compliant Stallholders will be required to cease trading and / or leave the site at the direction of the Market Manager without refund of fees. The Market is Smoke-Free Environment (Act 2000 & Reg 2016). The Market may be cancelled due to inclement weather or other events that adversely affect public safety or enjoyment. Paid Fees for cancelled market shall be credited to Stallholder. Stallholders shall comply with specific laws, codes, and rules:
  • Local Government Act 1993 Section 68
  • National Food Safety Standards 3.2.2, 3.2.3, and meet requirements of Food Act 2003 and Food Regulations 2015
  • Stallholder shall be responsible for any environment pollution & litter resulting their activities and clean-up & removal of same.
  • All dogs - whether leashed or not - are prohibited within 10m of children’s play area and public food preparation & consumption areas.
  • No recreational animals are permitted at the Market.
  • Ensure inspection of amusements devices to Section 68 Local Government Act 1993 and NSW Work Health and Safety Regulations 2011.
  • Vehicles and trailers shall be roadworthy and correctly insured and licenced.
  • Local generators shall comply with Australian requirements at time of purchase and be located to minimise noise / fumes.
  • Ensure electrical installations comply with AS3000 and AS3002 including:
    • Electrical leads are tagged
    • Cables are not trip hazards
    • Electrical outlets are protected by RCDs
    • Joints and connections are not accessible by public or exposed to damp conditions.
    • Distribution boards or adaptors are not permitted (except as permanently wired to Stallholder's vehicle / caravan).
9 Environment
Ford Park is a public area in a residential road. Stallholders shall minimise their intrusion on the peace and privacy of residents. The grounds are managed by BVSC and stallholders shall ensure their actions do not harm the environment or damage the grounds, plantings or facilities of Ford Park.
10 Safety
Rotary is committed to safe operation as documented in Market Org & Ops Procedures & Safety Plans. Stallholders use the site and the facilities of the market at their own risk. Vehicles shall be driven and manoeuvred in a cautious manner recognising the shared pedestrian access nature of the site, the proximity to personnel and often limited views from market vehicles with trailers etc. Stallholders are obligated to implement Safe Systems to manage safety risks according to Work Health and Safety Act and Regulations 2011 & Regulation 2017, & NSW Government provisions to combat COVID 19 & be aware of their duty of care for their actions in a public environment.
11  Acceptance of Terms and Conditions
These Terms and Conditions are inherently accepted by the Stallholder attending the Market. This document will be available for Stallholders to review on the website link and is a checkpoint in the online booking system. Stallholders are required to acknowledge their acceptance of the Terms and Conditions on booking their site.