
Vendor Terms & Services
General
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All business operators (“stallholders” / “vendors”) who trade within any Eat. Shop. Love. Markets and Events (“ESL) events agree to these terms and conditions.
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All decisions made by ESL are final and binding, and negotiations will not be entertained once finalised.
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ESL reserves the rights to provide stallholders with benefits beyond those guaranteed by these terms and conditions (“additional provisions”), at their sole discretion, on a case-by-case basis.
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ESL can, at any given time, revoke outstanding additional provisions, for any reason, at their sole discretion.
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ESL does not provide guarantees of availability for stallholders to trade at any event, even if the stallholder has extensive history of participating in ESL events.
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ESL reserves the right to, at any time, void and refund a stallholders ticket if we determine that their business does not meet the quality standards we hold for all stallholders. All booked stallholders are assessed across a range of criteria, including:
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operating location of the business - priority is given to those businesses that operate within the local government areas of the event.
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diversity of product sold - if another applicant has already been accepted that sells similar product to yours you may not be accepted
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timeliness of application
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quality of goods sold
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price of goods sold
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presentation of stall
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compliance with terms and conditions
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space required
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variety of products available
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All stallholders operate at all ESL events at their own risk.
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ESL does not guarantee that every event will have identical Terms and Conditions. Please make sure you read thoroughly, and contact us immediately if you have any clarifications to be made.
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In the event of inclement weather, all events will continue so long as it is:
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safe to do so, and
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unlikely that customer traffic will be significantly affected.
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Any event may be subject to cancellation (in whole, or in part), or postponement, at the discretion of the venue operator and ESL, in the case of unforeseen circumstances beyond the control of ESL, including those Force Majeure.
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This decision will be made on the day of the event, before the bump-in process is scheduled to begin, and all stallholders will be notified via:
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a text message to the phone number associated with the booking,
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an email to the email address associated with the booking,
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a post to the Eat. Shop. Love. Stallholders and Vendors Facebook group.
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In the event that an event is cancelled in whole or part or ceases to operate, the stallholder acknowledges and agrees that they would not be entitled to a refund of stall fees paid.
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“Force Majeure” means a circumstance beyond the reasonable control of a party, which results in the party being unable to perform an obligation on time, and is limited to
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natural events like severe weather, fire, flood or earthquake;
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vandalism;
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national emergency;
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terrorist attack; or
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war.
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If the event runs as planned, and the weather becomes too dangerous to trade in at any time, ESL will close the event to maintain the safety of all involved parties. This will only happen in severe circumstances.
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Trading outdoors has inherent risks due to the unpredictable weather at times and therefore no refunds or credits will be issued in these circumstances. ESL recommends each stallholder has their own insurance which will cover them in these circumstances.
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If the event is cancelled/postponed due to extreme wet weather prior, and grounds are deemed unusable, a transfer to a make up or future market will be offered
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All stallholders agree that they are not entitled to a refund due to cancellation or postponement.
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Tickets & Booking
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All stallholders must have a category ticket (“ticket”) received through TryBooking to be eligible to trade. Non-category tickets (“add-ons”), such as stall size increases or powered sites, are not eligible to trade on their own.
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Tickets must either be purchased directly by the stallholder or an authorised representative of the stallholder, or created by ESL and sent to the stallholder, to be eligible for use.
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Tickets must be used for the event session they were purchased for, and cannot be used to trade at another ESL market.
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As of 11:59 PM 19/12/2024, all bookings are non-refundable.
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Bookings made prior to this date may be refunded, so long as a request for refund is communicated to ESL within 48-hours from time of booking.
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Ticket fees are wholly visible through the TryBooking booking page for any specific event. These fees are determined by ESL, and negotiation on ticket fees will not be permitted.
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Ticket fees may differ between different events, venues, sessions, and sections.
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Tickets must be purchased according to the primary product offering of the stallholder. Stallholders whose product offering does not match the ticket they have may be declined the option to trade on the day of the event.
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Stallholders with a range of products are able to bring their full range so long as:
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They have communicated their full range to ESL, and
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ESL have provided written approval for them to bring their full range
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ESL sets specific limits on tickets to prevent category oversaturation and maintain a consistent variety of categories. To maintain that variety, all bookings may be inspected to check for incorrect or conflicting information. In the instance that a stallholder has booked incorrectly, or supplied incorrect stall details, ESL may need to adjust your booking to meet our category limits.
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Stallholders who book their ticket incorrectly may have their ticket voided and refunded if, before the day of the event, their ticket is found to not match their product offering.
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Stallholders who book their ticket incorrect may be denied the option to trade if, on the day of the event, they have a product offering that does not match the information provided to ESL in the booking process.
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Stallholders who have ticket/s for an event, but are no longer trading for any reason, are expected to notify ESL of their non-attendance. Stallholders who fail to notify ESL of their non-attendance before an event begins forfeit any future tickets they have, and may be banned from trading with ESL permanently.
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Tickets provide a specific space allocation on the day of the event for a stallholder to set up their stall in. Stallholders are able to use this however they choose to, so long as their stall follows all other terms and conditions applicable to them.
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Unless specified elsewhere (i.e. in the description of the event on TryBooking), the space allocated for each individual ticket is:
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3m x 3m for outdoor stalls, and
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2.5m x 2m for indoor stalls. (2.5m frontage)
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Stallholders are not permitted to exceed the dimensions of their allocated space, even if the total area of their stall is the same, without explicit permission from ESL to do so.
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If a stallholders stall exceeds the space they have been allocated, and if there is adequate free space available within the event, ESL may choose to provide them with the option to purchase a Stall Size Increase add-on so that they can use their full setup.
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If a stallholders stall exceeds the space they have been allocated, and there is insufficient space to accommodate for the full setup, the stallholder will have to adjust their setup accordingly. If the setup cannot be adjusted, the stallholder will be unable to trade and will need to leave the event.
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ESL often provides the option for stallholders who have larger stalls to purchase Stall Size Increase (“double stall”) add-on tickets, as a discounted alternative to purchasing full-price category tickets. Double stall tickets are not sufficient for a stallholder on their own, and must be held alongside at least one category ticket for a stallholder to be eligible to trade.
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Unless specified elsewhere, the space allocated by double stall tickets is:
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3m x 3m (6m x 3m total, 6m frontage) minimum for outdoor stalls, up to 5m x 3m (8m x 3m total, 8m frontage) with ESL approval. and
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2.5m x 2m (5m x 2m total, 5m frontage) for indoor stalls.
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Expectations & Requirements
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All stallholders, at their cost, must hold current Public Liability Insurance (“PLI”) cover to the value of $10 million ($20 million for food vendors) when they are trading at the event. A copy of your Certificate of Currency for your PLI must be submitted to events@eatshoplove.info before the time of the event, or you may be denied the option to trade.
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Please note that Public Liability Insurance does not give you product insurance, therefore your products are not covered under the policy.
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For stallholders who are selling food and drinks, the policy must be extended to cover goods sold under the products liability section of the required public liability policy.
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Stallholders agree to indemnify Eat Shop Love against any claim (of whatever nature) made in respect of the stallholders’ use of the site, except to the extent that any claim arises as a result of a negligent act or omission of Eat Shop Love.
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Stallholders who sell food and/or beverages (“food vendors”) must submit a copy of their Food Safety Supervisor certificate to events@eatshoplove.info before the time of the event, or you may be denied the option to trade.
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The Food Safety Supervisor certification is a requirement of the NSW Food Authority, with specific rules dictating which businesses are required to have certification to operate legally. If a stallholders business is exempt from this requirement, the stallholder is obligated to notify ESL of their exemption. Failing to notify us may result in the denial of trade, even if the exemption is valid.
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Food vendors must receive approval from the relevant council area to trade as a Temporary Food Vendor (TFV) before the day of the event. The specific process of this approval differs from council to council. Food vendors are responsible for arranging and complying with the requirements for this approval. If you do not have council approval at the time of the event, and do not have adequate evidence that you have sought council approval, you may be denied the option to trade.
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Stallholders must not sell/offer counterfeit products under any circumstances. If a stallholder intends on selling designer brands, they must provide a certificate of authenticity. Failure to comply with this requirement may result in you being denied the option to trade.
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Stallholders must remove all material and rubbish from their site at the conclusion of the event and undertake all other works necessary to reinstate the site to the condition it was in prior to the stallholders using the site.
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A complimentary dedicated parking area will be available to stallholders on the day. You are responsible for your own vehicle at all times and we are not responsible for any damage or theft.
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If a stallholder chooses to leave their stall setup between event sessions (e.g. over Saturday night for a weekend-long event), they do so entirely at their own risk, even if ESL or the venue have security measures in place.
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Under no circumstances is a stall permitted to pack up before the event has concluded, unless instructed or approved by ESL directly. Failure to comply may mean you are forbidden from trading at an ESL event in the future.
Setup & Bump In
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All stallholders will be sent an email with details of the bump-in / bump-out process, layouts details, and other relevant information regarding the management of the event by the Thursday prior to the event.
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All stall locations, and stallholder placements, are allocated at the discretion of ESL. Stallholders are not able to select their own location within an event, and any stallholder who wishes to change their placement can only do so with ESL approval.
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There are no guarantees that stallholders that have traded an event previously will be given the same placement that they previously operated from.
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Stallholders who have ticket/s for an event but are not on-site at the time allocated to them for bump-in, without providing any notice to ESL, may be deemed as non-attending and their ticket forfeited.
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Stallholders are required to supply their own stall setup. This includes all stock, storage, furniture, utilities, transport, and other facilities required to operate the stall over the course of the event.
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In the situation where optional facilities are available, they will only be provided to stallholders who have specifically requested and received ESL approval to use those facilities.
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Outdoor Stall Setups
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Stallholders are required to have a 4+ legged marquee over their stall if their stall is outside, and not within a fully-covered section. Stallholders who have otherwise covered operating areas (e.g. food trucks, coffee vans) are exempt from this requirement.
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The marquee cannot exceed the allocated space provided for the stall.
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All marquees must have 20kg weights on each corner leg.
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Pegs are not permitted to be used under any circumstances. Stallholders who are found to use tent pegs to secure their marquee may be fined in the event of property damage to the venue.
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Indoor Stall Setups
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Stallholders are not permitted to use any furniture greater than 2m tall without explicit permission from ESL. Attempting to use furniture greater than this height may result in your stall being re-allocated outside (if space is available)
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ESL does not provide power to stallholders unless specified otherwise. Stallholders that require power to operate their stall need to supply a silenced, appropriately sized generator of their own.
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Stallholders must ensure that all electrical equipment and leads have been inspected and tagged by a licensed electrical contracted, with an expiry date clearly labelled and visible.
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ESL may, at any time, request a stallholder show their evidence of properly tagged electrical devices. Failure to comply with this request will result in the stallholder forfeiting their ability to trade. The same goes for continued use of untagged, or expired, electrical devices.
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All stallholders must meet their Duty of Care, and must ensure that no part of their stall setup may constitute an OH&S hazard. This may include, but is not limited to, danges posed by; fire, chemicals, electricity, noise, slips & trips.
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If a stallholder is hiring equipment from an external provider, you must be on-site when the equipment arrives, unless previous arrangements have been made in advance with ESL.
Temporary Food Vendor Operation Guidelines
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GENERAL
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Stallholders must comply with the Food Act 2003 (NSW) and any other applicable laws.
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All applications from stallholders selling food must also complete the enclosed food stalls section of this application form.
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A temporary food stall must have a roof and three sides designed to maintain adequate ventilation and protection to food. The open side of the stall should not face prevailing winds so to reduce odour, dust and insect problems
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If the stall is completely open, it may only sell certain foods. Please read the section on "Open Food Stalls" for more details.
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If a temporary food stall is erected on unsealed ground, a durable dust and moisture resistant cover must be laid over the entire floor area of the stall.
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The stall, its associated fixtures, fittings, equipment and those parts of vehicles used to transport food, must be kept clean, in good state of repair and working order, free from dirt, fumes, smoke, foul odours and other contaminants.
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PROTECTION OF FOOD FROM CONTAMINATION
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People preparing, cooking and serving food must have clean hands.
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Also, any cuts, sores and abrasions must be covered with a clean waterproof dressing. Please read the section on "Hand and Equipment Washing Facilities" for more details.
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People who are sick or suffering from a cold or food borne illness must not work in a food stall.
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People suffering from diarrhoea, vomiting, sore throat/fever, jaundice or infectious skin conditions are not permitted to work in a food stall.
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Smoking is not permitted inside a food stall.
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The food preparation area must be kept free of dust borne contamination and droplet infection from the public coughing and sneezing.
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All food must be stored inside the stall at 300mm above the ground. Food must be kept suitably wrapped, packaged or in closed impervious containers, and protected from damage and direct sunlight.
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All food on display must be wrapped or packaged in appropriate material or completely enclosed in a suitable food display cabinet.
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Adequate measures must be taken to prevent cross contamination from raw foods to cooked foods by:
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using separate utensils for cooked and raw meats, poultry and seafood.
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covering all food.
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keeping cooked meat and salads separate from raw meats, poultry and seafood.
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washing hands after handling raw meats, poultry, seafood or vegetables.
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All condiments such as sauce and mustard must be kept in squeeze type dispensers or in individual sealed packs.
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Disposable eating and drinking utensils may be used. If reusable drinking and eating ware and tableware are used, they must be washed and sanitised in separate facilities (used only for that purpose) between uses.
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All eating utensils must be pre-wrapped in a paper napkin, cellophane bag or similar material before they are given to the public.
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Drinking straws, paper cups and spoons must be kept in an enclosed dispenser or other suitable container.
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Tea, coffee, cordial and other drinks must be served from an enclosed or lidded container with a tap or spout.
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FOOD TEMPERATURE CONTROL
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All takeaway food prepared at the food stall must be sold immediately, unless there is a suitable food warmer or food display cabinet which will keep the food either hot or cold and at the correct temperature (see note below).
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Pre-prepared food products or pre-cooked foods which contain fresh cream, custard, trifle or any similar food that promotes bacterial growth, must not be sold from a food stall unless they are stored or displayed in a refrigerated unit at the correct temperature.
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All raw and perishable food such as steaks, hamburger patties, frankfurts and seafood, must be kept in a refrigerated unit at the correct temperature. Small amounts of these foods can be stored in a portable cooler, together with an adequate supply of ice or a cooling medium.
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Note: Correct temperature means that:
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Hot food must be kept above 60°C.
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Cold food must be kept below 5°C.
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COOKING
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Heating and cooking equipment should be located within the food stall and beneath its roof. Open flame barbecue cooking plates, gas barbeque plates, char grills and cookers that use hot coals are able to be placed along an open side of the stall but must be adequately screened or barricaded to protect public safety and prevent food from becoming contaminated.
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The food stall must be of suitable size and height to provide a safe and comfortable work area. Appliances that produce heat and flame must be located away from the walls and lower roof area.
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A fire extinguisher of suitable size and type and a fire blanket must be provided in a convenient and accessible position in every food stall or vehicle, where cooking or heating processes are undertaken.
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HAND AND EQUIPMENT WASHING FACILITIES
The following equipment is required at each food stall:-
Hand washing
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A dedicated hand basin serviced with hot and cold running water through a single outlet.
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Disposable paper hand towels and soap.
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Equipment washing
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Two large plastic bowls for washing food preparation and service equipment (one bowl for washing and one for sanitising).
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An adequate supply of hot and cold running water and detergent.
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A suitable sanitising agent must be available for sanitising food handling implements and food contact surfaces. Where utensils are stored in a sanitising solution between uses, the solution shall be changed regularly to keep it clean.
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Waste water must be disposed into the sewer. Small amounts of water can be spread over a grassed area, and allowed to absorb or evaporate.
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Disposing of waste water into a watercourse, rainwater drain or the street gutter is not permitted.
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RUBBISH DISPOSAL
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Adequate arrangements must be made to store and remove any garbage generated inside the food stall. Incorporate recycling especially for aluminum cans, cardboard, paper, glass and P.E.T. plastic bottles. This will reduce waste, reduce disposal costs and help our environment.
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OPEN FOOD STALLS
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Open food stalls consisting of tables or tables and trestles, can only be used to sell food that is sealed in airtight containers, packages or cans.
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Open food stalls must not sell perishable food except for packaged milk, packaged milk products and pre-wrapped ice cream. These must be kept in a refrigerator or freezer unit at the correct temperature.
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Open food stalls must be screened or shielded to protect perishable food from direct sunlight. • All pre-packaged food must have a label that shows the name and address of the organisation that packed the food; what food is commonly called; the ingredients in the food; and the date the food was packed.
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