Terms and Conditions 2024

Definitions:

  • “Agreement” means the Stall Holder Application Form;
  • “Agreement Date” means the date set out in the beginning;
  • “Calliope River Historical Village Markets”, “we”, “us” or “our” means Port Curtis Historical Society Inc’s Calliope River Historical Village Market;
  • “Event” means a day the Markets are open for trade;
  • “Market” or “Markets” means the Markets conducted at Port Curtis Historical Society Inc grounds situated at 50951 Old Bruce Highway, River Ranch Estate 4680,
  • “Event Co-Ordinator” or “Market Co-Ordinator” means our duly appointed Manager of the Event;
  • “Site” means the space on the ground at the Markets that you are allocated from us;
  • “Stall” means the space in which you will sell your products;
  • “Stall Holder”, “you” or “your” means the Stall Holder named at the beginning.

AGREEMENT CLAUSES

  1. You acknowledge that you have read and understand all the terms and conditions set out in this Agreement and you agree to and acknowledge, that you are bound by these terms and conditions;
  2. Noncompliance by you with these terms and conditions will be considered a breach of this Agreement and will entitle us in our absolute discretion to terminate this Agreement;
  3. Our authorised staff are totally responsible for the operation of the Markets and they may in their absolute discretion vary and apply exemptions to these terms and conditions for any Stall Holders and shall make all final decisions on any matters to do with the running of the Markets;
    We have appointed the Market Co-Ordinator to control the site. You must at all times abide by all reasonable directions given by the Market Co-Ordinator;
  4. We reserve the right to decline any Application at our complete discretion. This includes all parties who may prove controversial or contentious at any time of year;
  5. This Agreement commences at the time you arrive on Site for set up and concludes each Market Day after you have packed up and left the Site;
  6. We will not agree to any other term of this arrangement other than daily. That is, this is a day-to-day arrangement for the Stall on the Site on the days when the Markets are being conducted on a continuous basis from the Agreement date until it is terminated by either you or us in accordance with this Agreement;
  7. This Agreement reflects a standing arrangement between you and us and shall govern the relationship between you and us with respect to you operating the Stall at the Site during the Markets;
  8. Requirements – A copy of Certificate of Currency for Public Liability is to be provided and site fees are to be paid prior to the day of attendance unless otherwise agreed in writing by us. Non-refundable ‘Yearly Package fees’ are available and are to be paid in advance. Instructions for payment will be provided upon booking approval;
    You must fill out and submit details of power required in the Agreement prior to the first trade or when any changes are made to your ongoing electrical load;
  9. Inability to Attend – If you do not intend to use the Stall at the event and you have not terminated this Agreement, you must advise the Market Co-Ordinator in writing at lease 24 hours prior to Market commencement time. Otherwise you will be liable for the Fees for that day to us, or if you have already paid the Fees, you will not be entitled to a refund;
  10. Site location – We have the sole right of placement of any Stall Holder, truck, van or trailer and the right to relocate you to a different Site as the Market Co-Ordinator in his/her sole discretion determines;
  11. Media – You authorise us to use images of the Stall being operated by you for Media and Social Media releases, Television and Print to promote the Markets;
  12. Weather event – We will operate the event during inclement weather unless the Markets Co-Ordinator in his/her sole discretion, or an appropriate regulatory authority, determines it is unsafe to do so and declares the Event cancelled. If an Event is therefore cancelled, you will not be liable to pay fees for that Event. Unless an Event is cancelled you must attend and operate your business from the Stall;
    If any infrastructure relating to the Markets is damaged due to such incidents as, but not limited to, fire, storm or other severe weather event, we reserve the right to cancel an Event until such time that the infrastructure is repaired and deemed safe. Notice will be given via Facebook;
  13. Signage – You will need to provide promotion banners and display materials to make your Stall look attractive and attention grabbing to prospective customers. We reserve the right to remove any signage that we deem inappropriate to our Markets;
  14. Stall Holder Clean-Up – Upon ceased trade on Market days, your Site must be returned to clean and tidy. All rubbish including cardboard pieces, boxes and packaging must be removed from the Site. Whilst Markets are in operation, Stalls must maintain a neat and tidy appearance.
  15. Wind – All tents/marquees/gazebos must have the appropriate weights and/or anchors because of high windy conditions up to and over 50kmh. Weights and/or anchors should be a minimum of 15kg on each leg of your tent/marquee/gazebo, but you must have the capacity to add an additional 15kg to each leg (total 30kg) should weather conditions dictate. All equipment should be safely locked down within and under the tent/marquee/gazebo;
  16. Power – You must supply your own power leads and power boards appropriate to the power loads that you will be drawing. All power leads must run behind Market Stalls and never run across roads, pathways or overhead of roads or pathways. You should at all times be careful around any power cables and not place heavy items on, or drive vehicles over, any power cables that are exposed.
    All power boards, extension cords and other electrical equipment must be tested and tagged by a qualified electrician. All gas bottles must be checked for being valid for use and compliance stamped by a qualified gas fitter. The use of untested and untagged electrical equipment and noncompliant gas bottles are strictly prohibited;
  17. We will provide bins for the use of the public. You must not use the public bins. All your waste materials, cardboard or package, must be contained within your Site and removed by you at end of trade. You must ensure your staff understand and abide by these rules;
  18. Vehicles – You must not drive any vehicle within the Market event area during operating hours;
  19. We recommend that you only bring 1(one) vehicle where possible, This is to be booked when booking stall. You must make arrangements with the Market Co-Ordinator as to where you, and your staff (if applicable) are to park your vehicles. Further we refer you to Clause 2 of this Application and Agreement;
  20. ‘All area access’ is permitted only by Market Co-Ordinator and permitted staff.
  21. You should never leave anything valuable unattended or on Site overnight;
  22. The Health and Safety of all visitors is of upmost importance to us;
  23. Spills – All spills must be cleaned up immediately;
  24. Slip hazard – Care must be taken at all times to ensure that any equipment or other items that may cause someone to trip, fall or slip are removed;
  25. Food Vendor – If you are food vendor, you must provide a dry chemical fire extinguisher inside your Stall in compliance with Gladstone Regional Council Regulations. The extinguisher must meet all Australian Standards and be serviced regularly;
    If You are food vendor, you must always strictly comply with all safety requirements as specified in relation to your Annual or Temporary Food Stall Licence. You must display your current licence in the Stall at all times;
  26. Waste-water – Sullage must be contained and removed for disposal. You must not dispose of any water or waste on to the Sites. All waste oil must be placed in waste oil containers by you, and removed from Site for disposal by you;
  27. Indemnity – You agree that you are liable and indemnify us for any loss or damage howsoever caused by you or any of your employees, agents or representatives to any property owned by us or others of the Port Curtis Historical Society Inc;
    You agree to indemnify us and keep us indemnified from any claim, action, demand or suit arising from any direct or indirect loss or damage howsoever caused (including physical, psychological and/or financial) suffered by you or your employees, agents, representatives or any other person resulting from your participation in the Markets;
    You agree that you will not hold us liable for any theft of, or damage to, any of your property or equipment on site and indemnify us for any claim by any of your employees, agents or representatives for the theft of, or damage to, any of their property on site;
  28. Products – All products sold at the Markets must be approved by us prior to being offered for sale by you in the event;
    Product conflict/duplication – You may be directed to change or adapt your product range in the case of conflicts of interest with other parties or to maintain variety within the event;
    Your products must comply with relevant safety and compliance standards and regulations;
    Products you offer must not infringe on any third-party rights including intellectual property rights (eg. copyright, patents and design).
  29. Emergency Evacuation points – Please make yourself familiar with Emergency and Evacuation points; Should an evacuation be deemed necessary, the Market Co-Ordinator will direct all Stall Holders, suppliers and patrons to evacuate. The control of the site may be taken over by Emergency Services, if necessary.
  30. Security – You are responsible for the security of your own site, equipment and personal belongings;
  31. Any issues that arise between you and other Stall Holders, customer or other patrons of the Markets during a market must be resolved through the Market Co-Ordinator. That is, you are not to take it upon yourself to resolve or attempt to resolve such issues. There is always someone in the office on Market Day.
  32. We reserve the right to remove you or any of your employees or representatives should you or they fail to abide by any instructions given by the Market Co-Ordinator or other staff of ours at the event; display any foul language; act in an offensive way or display violent or aggressive behaviour towards management, staff, other Stall Holders, customers or the general public; fail to abide by parking regulations; be found to occupy the Stall under the influence of drugs or alcohol;
  33. All Markets are non-smoking events with the exception of bar patrons using the designated bar area;
  34. The Village is Pet Friendly, but on a leash and at owner’s responsibility.

SUMMARY of MARKET DAY PROCEEDURES

  1. On Sunday, Market Day, Stalls may be set up from 5.15am. On Market Day, entering Stall Holders are required to stop at the Kiosk Market Entrance to check in and be directed by the Market Co-Ordinator.
    • Stalls must be open and ready to trade during the event opening hours of 7.30am to 1pm.
    • All Stalls must cease trading at 1pm.
    • There is to be no vehicular movement throughout the Market grounds between 7.30am and 1pm on the Market Days.
  2. Stall Holders for Market Days are also able to set up their Stalls after 1.00pm on the Saturday immediately prior to the Market date.
    • Stall Holders must sign in the Market Register Book between 1pm and 5pm before setting up their Stall. The office is manned between 1pm and 5pm for guidance to your site. The Market Register Book along with notepaper and envelopes for messages will be situated immediately outside the Office with a locked Letter Box. After 5pm Stall Holders are to see the Caretaker to register.
    • Stall Holders requiring overnight power to their Stall prior to the Market Day are to pay a $10.00 charge in addition to the advised Site Fees and camping/car fees. If paying for a car, a camping fee will not be charged. Such extra payment, if not made at time of initial payment, should be placed in an envelope, marked with your name, dollar amount and left in the locked Letter Box at the time of signing the Market Register Book.
    • The Market entrance gates are locked at 7.00pm on the Saturday immediately prior to the Market date. An exit code is in the sign-in book outside office. No entrance will be provided after 7.00pm unless previously arranged by you with us.

All our Members, Staff and Officials are unpaid Volunteers.