Terms & Conditions

Frankston Community Market

PATRON AND STALL HOLDER OPERATING TERMS & CONDITIONS OF ENTRY. BINDING ON PERSONS AND PROPERTY.

TO COMPLY WITH GOVERNMENT LEGISLATION, THE FRANKSTON COMMUNITY MARKET IS A SMOKE-FREE ZONE. NO SMOKING OF ANY KIND IS PERMITTED WITHIN THE MARKET DURING OPERATING TIMES (6:30AM— 1:30PM). NO EXCEPTIONS WHATSOEVER.



The Frankston Community Market is subject to the laws applicable at any time. 

The renting of stall space/s is limited to individuals displaying and selling their own possessions, hand crafts, hobbies, collectables, garden produce and greenery; owned, made or grown by the stallholder. Registered charities wishing to raise funds; and specifically approved by the Market Management are entitled to one free stall per Sunday on a roster basis. No stallholder can sell, promote or display any *Large Volumes of New Commercially Produced Merchandise or Products or Services without approval from the Market Management. This includes but is not limited to *Imported Commercially Produced Merchandise, *Shop Soiled Stock, *Factory Seconds or *Goods bought at Auction. Stalls promoting *Businesses or *Commercial Enterprises or in the nature of *Trade Exhibitions and *Party Plans must have the Market Management approval. In accordance with these regulations, permanent and/or regular stallholders shall not introduce any new product lines or ranges to their stall or no food menu, without the prior approval from the Market Management. 

Any stallholder intending to sell second hand clothing, bedding, or upholstery must clearly show that the goods have been cleaned in accordance with any local/state Health Department/s legislation or requirements. 

Any stallholder selling second hand electrical appliances, tools or equipment must only offer for sale such items, if the stallholder knows beyond reasonable doubt said items will operate safely and for the purpose its manufacturer intended. Any known fault must be made clear to the prospective buyer. Stallholder onus applies on all goods he/she/they sell within the confines of the market, without exception. 

No *Food or *Drink of any description can be sold without the specific approval of the Market Management, irrespective of any prior Street Trader, Council and/or Health Department approval/s have been sought and/or obtained.

The sale of ANY animals that are considered *Pets, (including *Caged Birds and *Fish) *Livestock or *Vermin is prohibited; unless approved by the Market Management and the appropriate permits from the relevant government authorities have been obtained. *Alcohol, *Tobacco, *Firearms,*Ammunition,*Explosives, *Stink Bombs, *Throw Downs, *Fireworks,*Poison,*Pornography and *DVD’s (unless the DVD’s are the genuine release) also any product that is known to be*Pirated, *Copies (Including DVD’s), *Fakes, *Rip- Offs, *Bogus, *Non Official or not of a*Genuine Release and/or *Stolen Goods are prohibited from sale. Items deemed to be*Offensive or of a *Dangerous Nature (including Ice Picks/Swords/Flick Knives/Nunchucks) are not permitted to be displayed or sold within the market. *Alcohol is not permitted to be consumed or carried in view within the market. *Firearms are not permitted in the market area with specific exception of law enforcement and security agencies.

Stallholder onus applies on person/s who knowingly mislead or give deceptive information online, to the booking agent, or the Market Management upon entry as to the type or nature of the product/s they are selling and are then found attempting to sell and/or promote the sale and/or delivery outside the market compound any of the *aforementioned prohibited items, they will be deemed to be breaking either Local, State or Federal Law and/or the Market Terms & Conditions of Entry. The stallholder will be asked to remove said items from display and/or from sale immediately and/or desist from further promoting said items or possibly risk immediate ejection from the market and/or being reported to the appropriate authorities.

All bookings must be made via the Frankston Community Market official website using the appropriate forms and processes as described therein.

It is possible to turn up on the day without booking and take a chance on getting any available stall/s, but there are no guarantees on warranty and availability. If space is available the booking process must be made via the Frankston Community Market official website. Permanent stallholders must rebook their stall/s each week (it is not automatic).  Permanent stall/s will revert back to casual status for use by others if booking has not been secured 

The cost to hire a single stall space is $35.00 per market for an open stall. Multiple spaces can be booked at the cost of $35.00 per market stall space. A $5 booking fee applies to each week’s booking irrespective of the number of stall spaces booked. No refunds will be issued for any reason. A food vending stall space is $65.00 per market and must also be approved by Market Management. It is the intention of Market Management to offer a diverse range of food vendors all with a different offering.  All stallholders need to submit a copy of their own Public Liability policy cover when applying online. If a stallholder does not have Public Liability they will need to pay a $5 fee per booking per site to get cover under the Markets policy.  However, in the event of a wash out, the booking can be held over, or in certain instances a refund will be provided. A decision to declare a washout will be made jointly by Market Management by 6pm on the preceding Friday and all stall holders advised on social media and the website by 9am Saturday.

 Stallholders must pay for any additional space/s they use. All vehicles, trucks, trailers and/or buses, or those stallholders who park sideways must pay for any stall/s in full if additional space is used by vehicle. If stallholders use any stall space that is not allocated to them (including spreading into neighbouring stalls), or without prior permission, full payment for said stall/s is required on the day. This will be done via the Frankston Community Market official website only.

Stall area is 2.5mWide x 5.0mDeep (approx.) and defined by the white line markings of a single car parking space. A vehicle or trailer may be parked on the allocated space with an additional strict one metre trestle table space at the front of the stall to set up your table to display and sell your goods.

1.5m Trestle Tables are available for hire and subject to certain conditions at $10.00 each per day. They can only be booked via the Frankston Community Market official website. 

A 2.4 x 2.4 metre weatherproof gazebo overhead (semi-covered, no walls) is available for hire at $30 each per day and can only be booked via the Frankston Community Market official website. 

Onus is strictly on the hirer and/or their agents for use of trestle tables and gazebos. Market Management shall not be liable to any person using trestle tables or gazebos resulting any personal injury, loss of property or damage howsoever arising whether by negligence or otherwise of the Market Management, its servants or agents. 

Entry for booked casual stallholders is from 6:30AM—7:00AM sharp. Booked stalls are not held beyond 7:15AM. Booked permanent stallholders must be in before 7:00AM if unloading goods and/or taking a vehicle out. A maximum of 15 minutes applies to unload and remove vehicle/s as the alleyways must be kept clear. Sites 65—78 must refrain from extending into main vehicle thoroughfare between 6.30AM— 7.15AM. Permanent stallholders can gain entry into market as early as 4:30AM. 

Car entry and movement within the market compound must be with utmost care (5km/h max) and consideration of other people and property. The driver shall be totally and legally responsible for movement and the parking of their vehicle at all times. After 7.45am any vehicle/trailer parked in the market compound cannot be moved until the market has officially closed at 1:00PM* (*subject to weather conditions). No stallholder is to move or drive their vehicle from their allocated stall/s until Market Management has declared the end of day. Vehicular movement whilst the market is in operation is strictly prohibited as it represents a major public danger. Any stallholder who does so shall be expressly and solely liable for the consequences and will immediately lose any and all future entry as a stallholder into the market.

 

Market management has complete and sole discretion to reduce the size of the market area on wet or inclement weather days, the secession of trading or to declare a wash-out and not          open. Any stallholder who continues to trade in the vacated car park or surrounding streets on a declared wash-out or operates on a gazetted closure day, does so illegally

and without market management authority, liability or insurance cover. Full onus is solely upon said traders in the event of an accident and will immediately forfeit future entry as a stallholder into the market. Rogue trading in the car park or surrounding streets on a declared market closure is illegal and deceptive with no regard for the public safety. It is not in the true spirit of our market camaraderie of all stallholders, starting 40+ years ago as a safe, family friendly market for the people to come and enjoy every Sunday (weather permitting). There is no place at the market for any stallholder who by their greedy actions

sully the good name of the Frankston Community Market.

Stallholders may seek permission in very special circumstances for supervised exit during market trading hours, but is at market management’s total discretion.

For OH&S purposes, a Hi-Viz Vest, Jacket or Sash with reflective strips must be worn by all persons within in the market compound up until day break. No exceptions. 

 

Stallholders are requested not to pack up their stall before *12:30PM (*subject

to the weather) as market patrons are still in the market area, looking for items to buy.

Stallholders who have no vehicles in the market compound and have made prior arrangement with market management may leave at any time during the market’s operation. 

 Conditional of renting a stall is that stallholders and helpers are not allowed to park vehicles in the streets adjacent to the market (Young Street and/or Playne Street). This act greatly reduces available parking for market buyer patrons and health centre patients, and in addition causes traffic chaos. Please use the Fletcher Road Car Park (other side of railway line) or Young Street Car Park (opposite Frankston Arts Centre). Stallholders who choose to ignore this rule will risk future entry into the market. 

All stallholders are requested to maintain their stall in a clean and tidy manner. All unsold items, boxes, paper and rubbish must be taken by the stallholder when they leave the market. Under no circumstance are stallholder’s unsold goods, cartons, broken glass, #china, #porcelain, #sharp or #dangerous objects of any kind to be placed in the market rubbish bins. Please speak to Market Management if you need assistance with the removal of any of the above items marked #. Any stallholder (casual or permanent) who knowingly leaves behind or dumps unwanted goods in the market compound may lose future entry as a stallholder into the market. 

Stalls with fresh fruit, vegetables, trees, plants or flowers must sweep up and remove any plant foliage, dirt, potting mix, fruit & vegetable waste left on the ground of their allocated stall/s at the end of the trading day. 

No stallholder is permitted to erect a beach umbrella, gazebo, canopy, tent or enclosure, unless it’s securely weighed down (15kg per leg) and/or tied down. Market Management has sole discretion to demand the removal of aforementioned item if said item/s do not meet strict adherence to OH&S requirements at any time during the market’s operation. 

Any Goods, Tables, #Displays, #Stands, #Racks, Furniture and Equipment brought into, setup and/or erected within the market compound by a stallholder, his/her/their servants/agents must be heavily weighted down. Legal onus and total responsibility lie strictly upon the stallholder, his/her/their servants and/or agents. Market Management shall not be liable in any way to any person using these premises for any personal injury, loss or property damage caused by any of the above same howsoever arising whether by negligence or otherwise of the Market Management, its servants or agents. 

No person is to park a vehicle (or part thereof) upon and/or set up product displays/canopy/ tables/chairs or sit on/stand on any garden bed within the market compound or face the full replacement costs (including labour) for any trees, plants or flowers that are damaged or destroyed. Stallholders risk being moved to different stall/s and/or denied future market access due to non-compliance to council and market policy. 

No person is permitted to bring any animal pet/companion (unless guide dog, or dog for the deaf) into the market even if their intention is to carry the animal (patron) or keep it hidden in their stallholder vehicle. 

Public Admission is free, however only stall holders and market staff are permitted on the site before 8:00AM so as to provide a safe and efficient environment for assembling the market.

The Frankston Community Market reserves the right to refuse admission to any person/s without giving reason and to eject or cause to be ejected any person/s and/or his/her/their goods & chattels without giving any reason. 

Food Vans and Stalls who operate using electrical equipment and/or extension leads all must be tested/tagged and compliant in accordance with standard AS3760. Those using gas equipment and bottles must be a ESV Energy Safe Victoria certified operator a do a weekly self-checklist prior to operation. A suitable Fire Extinguisher and/or Fire Blanket must be easily accessible at any time. 

Stall sites are not transferable. They cannot be offered, passed over, willed onto or able to be on-sold to another party. Any stallholder entering into any commercial arrangement with a third-person or party, said arrangement will not be binding upon the Frankston Community Market in any way, shape or form. Any attempt to do so by the stallholder he/she/they will lose future entry as a stall holder into the market. 

These Terms & Conditions being duly displayed at the entrances of the market and on the Frankston  Community Market official website; viewed by the patrons, given to the stallholder; deems he/she/they and all persons assisting them on their stall and patrons entering the market all agree to abide by and be bound to, from this time forward to all of the Operating Terms and Conditions of Entry as set out above, any future amendments and/or inclusions.