T & Cs


TradingTerms & Conditions

TERMS AND CONDITIONS 2017 – BY APPLYING, ATTENDING AND PAYING FOR AN EVENT YOU ARE AGREEING TO FIXX EVENTS TERMS AND CONDITIONS OF TRADE LISTED BELOW.

MARKET HOURS
Market hours of operation are 9am – 2pm every 4th Sunday and please check dates. Please be set up and ready to trade by 9am.
All stalls must have vacated the site by 4 p.m.
Do NOT arrive before 6am without approval. Do not drive onsite before 6am if NO STAFF is onsite.
Please do not pack up before trading hours are finished.

YOUR STRUCTURE, WEIGHTS & OHS
Fixx provide the space only – you are paying for a 3×3 space, so you must bring everything for your stall, including, marquee, tables, chairs, stock, weights, signage etc. If you exceed your 3×3 space you will have to pay extra fees for a larger stall.

• You must trade from a 3×3 commercial grade, safe structure/gazebo such as Oz Trail.
• No make shift structures will be permitted.
• No marquees, tables or equipment hired on day.
• No pegs or weights loaned out and if none – no trade.

Weights must be on every leg and weigh 20kg – Do not tie your marquee to trees, tables or racks. Spot checks will be regularly done and if non-compliant you will not be permitted to return. This is our strictest term.

NO WEIGHTS = NO TRADE.

Trestle tables are to be the standard 1.8 metre size and always have a tablecloth. Boxes / stock must always be left underneath tables. If the weather looks wet, bring a market umbrella, drop sheet and pegs to cover stock.

DRIVING ONSITE PARKING AND SETTING UP
Do not drive more than 10km and put your hazards on.

Empty your car and drive immediately of-site. DO NOT start to set up until your car is offsite. At the end of the event, pack your stall up THEN bring your car back onsite.

Do NOT park in the carpark in Ficus Ave behind the food area. Stalls who park here, park in driveways, block shops etc will be instantly dismissed. You can unload from here but NOT leave your cars here. There is a $20 charge for any stalls parked in these areas.

STALL PRESENTATION AND SUB LETTING SPACE
Stalls appearance must be of high, artistic quality and not exceed your allocated space. Please place all boxes etc. under your tables out of view. Please do not extend onto pathways and all stock behind stalls.

We do not allow subletting of stall space and immediate dismissal if found to be doing this.

Permanent stallholders trading rights are owned by Fixx Events and if a trader wants to sell their location at ABM, you must contact Fixx Events before doing so and honour our waitlist customers.

No other artist (apart from who applied and sent public liability) is allowed to sell other people’s goods without approval. If found guilty, no return.

Leave all walkways and pathways clear for the public. Do not block.

YOUR WASTE LOOKING AFTER THE SITE / POWER FEES
All stalls are responsible for having a clean site and ensuring they take all rubbish away, and you will be charged $100 if your site is not left tidy/clean. Regular checks will be made and added to rent next month.

Please look after the site’s trees and do not hang anything that will damage the trees.

Please use bio-degradable bags and cutlery and no plastic please as we are a green event.

Styrofoam is banned onsite and dismissed if found.

We encourage recycling, upcycling and eco usage of products and setups – contact Fixx Events if you need ideas or theming – $2 recycled bags for sale at office.

All Hot Food Stalls need to pay a yearly Waste Management Fee each July of $100

Bins are for the public only NOT stallholders. Please take your waste with you.

CANCELLATION / STAYING PERMANENT/ REFUNDS
Jane comes and collects rent market day for the following month. The Eftpos machine is located at the site office and you can go there also for a receipt. Please put your rent in an envelope ready for her so she is not waiting around if you are serving a customer.

If you prefer to pay via Direct Deposit it MUST BE DONE BY FOLLOWING FRIDAY 5pm and email once done. If not paid, you risk losing your stall.

If you have paid for your position and cancel, we DO NOT refund.

If we get 10 business days’ notice or more we will transfer to the following month.

WET WEATHER / REFUNDS
The market will NOT be cancelled in wet weather unless it is deemed dangerous. This will only ever be done on event day. If you are unsure you can call Bianca on 0416 097 707 market morning and listen to the recorded message. If there is no recorded message it means we are going ahead.

We do not expect you to trade if you feel your stock may be ruined – it is your business // YOUR CALL. We will not however transfer rent if you choose not to trade.

THERE ARE NO REFUNDS if the event is cancelled.

Please note Gosford Council can cancel the event anytime.

Severe wind weather close to 40km (5 on the Beaufort scale) all canopy roofs to be removed and ABM to monitor and if above 40km event will be abandoned if unsafe and under event terms and conditions for event safety. All / any accidents and or damages caused to persons or stock by unsecured structures and gazebos will be the responsibility of the stallholder and NOT Fixx Events or CCC.

MARKET BEHAVIOUR
Strictly NO SMOKING ONSITE and sports ground.

ATTITUDE is EVERYTHING, respect the staff, fellow vendors and public.

BAD BEHAVIOUR is not tolerated and instant dismissal from Avoca and all Fixx Events if found guilty.

All complaints can be forwarded via email to Bianca at accounts@fixxevents.com.au

Please don’t speak in a negative way about management or other stallholders. It spreads quickly and is not good for a positive market experience.

We are a team and have had many comments over the years about our friendly stallholders!

FOOD and VENDOR PUBLIC & PRODUCT LIABILTY
All stalls who do not hold a current 10 million public and product liability policy will NOT be permitted to trade – updated copies need to be emailed to FIXX Events upon application and must remain filed – THIS IS YOUR RESPONSIBILITY

Stalls selling candles, electrical goods hot food and beauty goods must have products liability as well.

You must have appropriate legal documentation and accreditation to sell any organic produce at event.

You are responsible for safety within your 3×3 space and ask you to please be mindful of any trip hazards, unsafe structure or threats to patrons and the environment.

NO GLASS DRINK BOTTLES.
Boxes, cartons, rubbish, food waste, coffee grounds and any other food related waste MUST be taken and not left onsite.

$200 waste fee will be added to your following months’ rent if found non-compliant and our site cleaner and event staff will monitor every event.

All food vendors need to pay $100 waste fee per year for use of ABM bins – Jane will take every JULY.

Food Stalls must hold both Products and Public Liability insurance to min $20 million and supply copy of this insurance at time of application.
Food Stalls need to be registered with the NSW Food Authority and have food handling certificates on file.

All Food Safety and OHS procedures must be met per Gosford Council standards and FIXX Events Trading Terms.

Failure to have compliance on these above or severe breaches from council inspections will result in instant dismissal from event and all FIXX related events.
Non compliancy with food preparation on event day or poor food standards is instant dismissal.

Any new hot menu changes food needs to approved by FIXX and must be approved before trading at event

You must have current tagged electrical leads and is your responsibility to be compliant.They must be tested to the Australian Safety Standard and must be tagged as well in accordance to Work Cover Requirements. Rubber mats must cover these cords.

Power is charged at a minimum of $25 per outlet FOR FOOD VENDORS ONLY every market day in rent.

If using your own generator it must be SILENT, compliant and OHS sound. No trade otherwise.

If power usage is deemed higher from council ranger power reads such as coffee or larger food trucks, you will be charged a higher amount.

Strictly 1 power lead per power socket ONLY and no doubling up extension leads back to back or power boards to be used. If you trip out the power, you can be liable for all damages caused to other people’s property and equipment, so try and use sparingly.

You must have a current and working fire extinguisher on hand Inside stall if hot food is being served, cooked or prepared and know how to use if needed.
If you use gas bottles, you must complete a Fixx Events Gas Bottle Checklist every year and equipment must be updated and in safe working condition and the vendors responsibility to adhere to these strict terms. These must be in accordance with AS1596-1989.

Spot checks on all of these terms will be done and fines up to $100 will be added to next month’s rent if found non-compliant, so best to always be compliant!
If councils health inspectors turn up – the invoice will be split accordingly between the stalls visited, whether compliant or not.

Please read WorkCover information attached for further ways to ensure you are safe and compliant each event.

OHS & WORKERS COMPENSATION
Fixx Events will not be held liable for any claims made by customers against Avoca stallholders, regarding faulty, inedible or misrepresented products sold by traders at the Avoca Beachside Markets.

Any complaints made by Avoca customers regarding any product, food, or service sold at Avoca Beachside Markets by any permanent or casual stall will be referred back to the trader to deal with.

Any further matters if not resolved in a timely and professional matter will be referred to the Consumer Affairs Bureau and the Office of Fair Trading.
Each stall must be compliant with OH&S guidelines and NSW Work Cover requirements and have their workers also covered by Workers Compensation Insurance.

The definition of a ‘worker’ includes any person who carries out work for a ‘person conducting a business or undertaking’ (PCBU – the new term that includes employers).

This term ‘worker’ includes any person who works as an:
• employee
• trainee
• volunteer
• outworker
• apprentice
• work experience student
• contractor or sub-contractor
• employees of a contractor or sub-contractor
• Employee of a labour hire company assigned to work for a PCBU.

Duties of a worker
A worker must, while at work:
• take reasonable care for their own health and safety
• take reasonable care for the health and safety of others
• comply with any reasonable instruction by the PCBU
• Cooperate with any reasonable policies and procedures of the PCBU.

Call 13 10 50 for more information about the role of employees and workers in work health and safety.

www.workcover.nsw.gov.au for all OHS information.
• No electrical leads are to be on the ground, exposed as trip hazards or double connected.

These terms and conditions above are your commitment to Avoca Beachside Markets and Fixx Events to and indemnify Fixx Events, Avoca Beachside Markets or Gosford Council from and against all actions, suits, claims, demands, costs, charges and expenses for which Fixx Events , their staff and associated event partners be held liable in respect of loss, damage, injury, accident, of whatsoever nature or kind and however sustained or occasioned and weather to property, persons in connection with the use of any stall and any work connected therewith. Upon submitting an application and the payment of any fee or commencement of trading, stallholders and employees of the stallholders agree to all terms stated above and all information on our website.

Fixx Events reserves the right to terminate a stallholder’s participation at any time and also for future trading events under our management control and own individual owned events. Market Managers : Brad and Bianca Cardis – Trading AS Fixx Events Pty Ltd 81 124 702 405 info@fixxevents.com.au 0416 097 707 / 0416 923 655

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