The Patchwork Market Terms and Conditions for Vendors
Thank you for choosing to be a part of The Patchwork Market (we/us/our). By applying to participate in the markets you agree to be bound by these terms and conditions (Terms)
“We/Us/Our” refers to The Patchwork Market
“You/Your” refers to You personally and Your Company and (if applicable) any staff, contractors, agents, or representatives that have paid to have a Space at our markets (Space) to display and sell your goods
“Space” means a space that you hold at our market or markets
“Vendor” refers to any person and/or company who has applied for a space at The Patchwork Market under these Terms and has been granted/approved a Space and includes any staff, contractors, agents, or representatives that participate at Your Space.
“Vendor’s Manual” means the manual we provide You which sets out general guidelines about Spaces, markets, and other information relating to the Patchwork Market including setting up and arrival procedures, preparing for the market, emergency procedures, and important contact information.
“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or concerning any copyright, trademarks (registered or unregistered), designs, patents, circuit layouts, business, and domain names, inventions, and other results of intellectual activity.
“Confidential Information” means information that is by its nature confidential but does not include information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under these terms and conditions.
“Cash box” refers to mixed cash denominations made up of legal tender (bills and coins).
“EFTPOS” electronic funds transfer at point of sale
2. Your Application
We will assess your vendor application for suitability by reference to various criteria including the level of
• Creativity and originality;
• Presentation and Professionalism of Your Finished products and Services;
• Commitment of independent design;
• Uniqueness in the marketplace;
•Appropriateness, suitability, and viability for selling at our markets.
We reserve the right to decline any application that we deem unsuitable at our sole discretion.
3. Registration fee
Once we have approved your vendor application, the vendor fee must be paid in full, unless other special payment arrangements have been made. Failure to pay by the deadline set by us may lead to the cancellation of the approved application and/or affect your ability to participate in any of our future markets. The vendor fee does not include the use of furniture such as spaces, racks, or chairs. You must provide your own.
Cancellation by a vendor before a Patchwork Market date they are participating in after the participation fee has been paid will result in the forfeiting of the said participation fee. Cancelations made by the Patchwork Market see, section 16.
5. What to Bring
We encourage you to bring the following items to the market, which we will not supply to you
a. Display and promotional materials – including business cards and means of contact
b. A cash box to suit your product pricing and suitable means to secure cash and/or order forms. There is no facility to change cash at the markets.
c. Packaging and if applicable, carry bags for customers to take their products home in
6. Credit Card and EFTPOS
We do not provide credit card or EFTPOS facilities for individual vendors and recommend that you provide these facilities yourselves.
Vendor spaces are rented on a one-off basis only. Further, the act of renting a vendor space does not create any form of tenancy or secure a right or license to hold a space at our markets in the future. This means if you are successful in obtaining a vendor space, you are not guaranteed a vendor space at any future markets.
The right to hold a Patchwork Marketspace must not be transferred, sold, assigned, or sublet to any other person, month, or company without our prior written consent from us. If we do consent to your rights to hold a space being transferred, sold, assigned, sublet, or otherwise to any other party, you warrant that the party who is receiving these rights must agree to be bound by these Terms and You agree to assist the Patchwork Market in procuring such an agreement if required.
9. Sharing Your Space
If you wish to share your space with someone else that has not been approved by us in the Vendor Application (Additional Vendor). You must seek our prior written consent and provide us with the full details of the Additional Vendor. These details must include the Name of the additional vendor, their full address, company name, phone number, and business phone numbers, and a detailed description of their business, goods, and/or services. We reserve the right to charge an additional fee if You wish to share Your Space with someone else who was not originally approved in your Vendor Application. In addition, You must bring these Terms to the attention of anyone sharing Your Space at least 3 weeks before the market commencing.
10. Behavior at the markets
Visitors and customers of the Patchwork Market as well as those of the venue in which the market is held and fellow vendors must be treated with courtesy and respect at all times. Vendors must not insult or intimidate anyone including other vendors, customers, visitors, and staff. Failure to comply may result in the immediate closure of your Space. You must not engage in any conduct, which is disruptive or inconsistent with the purpose of the Patchwork Market. You must remove all trash and material from Your space. Do not leave trash or unwanted merchandise of any kind.
11. Appearance of Your Space
You must keep Your Space clean and tidy at all times to maintain the high standard we impose at the Patchwork Market and only use your Space for the Patchwork Market/s and display products must be displayed in a manner that does not interfere with fellow Vendors.
12. Responsibility for damage
You warrant that You are liable to pay for and indemnify us against
• Any damage caused by You, Your staff, or Your representatives to Your allocated Space or to the venue in which the market is held.
• Any other premises that we hold markets at; and
• Any damage or injury caused due to a Vendor’s products not complying with any laws, regulations, and standards or malfunction or not being fit for its purpose. Further, You are responsible for obtaining any relevant permits and/or license to operate Your Space and sell products.
13. Space set-up
Set up times will be allocated by Us. You will be notified of these times before the market commencing. Space positions will be allocated in advance. You agree to not change Your position within the market without our prior consent and setup only within your allocated space. All vendors will be allocated a Space for their market in advance at our sole discretion. However, if You have a special requirement for a particular location or space, please let us know and we will use our best endeavors to take that into account. We consider several factors when allocating spaces including the types of products that You will be selling and special request that you have for practical or technical reasons.
The health and safety of all patrons, staff, and vendors are of paramount importance. Therefore, You must ensure that You a. Pay constant attention to the aesthetic appearance of your Space area; b. Store all products, furniture, signs, and equipment safely within Your Space and generally ensure that You do not have trip and fall hazards that could cause anyone to suffer an accident; c. Keep all of Your items and boxes out of the walkway around Your Space area, ensure that Your exhibits are well constructed and safe and otherwise contain all equipment that may result in a person tripping, slipping, or falling; d. Clean up any spills, breakage, or otherwise immediately and call emergency service if required or an appropriate contact we have provided You within advance; e. Keep all public access ways clear’ f. Behave at all times in a manner that ensures that the health and safety of anyone who visits the market is not compromised
15. Parking and traffic
Load-in access will be available for all Vendors. Special directions will vary. Please check your Vendor’s Manual before the commencement of the market. Parking will be available for all vendors. You will have access to load in and out on the day. Details relating to loading and parking access will be provided to You upon acceptance of Your Vendor application. Vendors must obey all local traffic and parking regulations and not inconvenience residents and members of the public and respect their premises and property.
16. Market Cancellation by the Patchwork Market
The market is held indoors rain or shine. However, in the event of dangerous weather conditions, we reserve the right to cancel the market.
We also reserve the right at our sole discretion, to cancel the market in the event of unforeseen venue issues, which prevent the market from operating safely. Such an event may include fire, global pandemic, major accident, or damage to the venue. You agree that we will not be held responsible for any loss, damage, or injury arising from adverse weather conditions or any other cancellation factors that are not within our control. All participation fees are non-refundable.
You understand and agree that it is Your sole responsibility to take all due care and diligence to prevent injury and property damage to You or any other third party including, but not limited to, visitors to the Patchwork Market. The Patchwork Market is not responsible for any lost or stolen merchandise. Each vendor is responsible for their merchandise, products, & any other personal belongings.
18. Limitation of Liability
You agree that we are not liable for any direct, indirect, or consequential damage, loss, or harm suffered by You, Your agents, or your representatives that may result from Your participation in our markets. This included physical, psychological, and economic harm. We are not responsible for any claims, actions, demands, or suits that You may face as a result of Your conduct.
You are responsible for providing your insurance policy. The Patchwork Market does not offer vendor insurance.
20. Sales Tax
You are responsible for collecting and processing your own sales tax.
21. The Patchwork Market
Marketing activities In the course of marketing and promoting the Patchwork Market/s, we may wish to reproduce or refer to images of You, Your Brand, Your space, or Your products. In this event, we may ask You to provide us with various materials for the promotion of Your business including images of Your trademarks, photographs of Your goods, and the like (Content). By supplying us with the Content, You grant us a non-exclusive, royalty-free license to use the Content for the agreed purpose and warrant that the Content does not include any third party Intellectual Property Rights
You agree to indemnify us (and our agents, contractors, and employees) against any cost, expenses, loss, damage, or harm suffered by us
resulting from any claims, actions, demands, or suits that may be made against us as a result of Your conduct including but not limited to any third-party allegations of infringement of Intellectual Property Rights against You by any third party and public liability claims relating to Your Vendor Space.
If You breach any of these Terms, we reserve the right to cancel Your booking for Space, reallocate Your exhibition space, require You to pay the cost of our actions, and remove You from the exhibition space of the market in question. You agree to indemnify us against any cost we incur arising from Your breach. You further agree that if You breach these Terms, You forfeit the right to any rebates, refunds, or compensation arising from, amongst other things: cancellation of Space allocation, alteration of the position of Your Space allocation, alteration of set up time, or change of size of the Space allocated to You
24. Dispute resolution procedure
We do not get directly involved with any disputes between Vendors including disputes relating to the Intellectual Property rights of others (Dispute). By participating in the markets You agree that the details of any such Disputes shall be Confidential Information for the duration of the market (except for You seeking legal advice). Further, You must endeavor to resolve any disputes through Your independent means with the other party, whether that be Vendors or otherwise. To avoid any disruptions to the market, if any disputes with other Vendors arise, we ask that You deal with these matters outside market hours. In the event of any disruption or if any Vendors become verbally abusive to others and the circumstances are not immediately rectified after notice has been given, we reserve the right to require You to pack Your Space and leave the premises. We are committed to encouraging a creative endeavor and original products and safeguarding Intellectual Property Rights. Should a dispute arise relating to products sold at our Spaces (or related marketing material), while we will not adjudicate concerning that dispute, we reserve the right to request that a Vendor remove the products or items for sale which are in dispute from the display and not trade with the products for the remainder of the marketing hours.
a) Interpretation In these Terms: I. Headings are for convenience only and do not affect interpretation II. Defined Terms have the meaning ascribed to them; III. A word denoting the singular number includes the plural number and vice versa. b) Relationship of the parties The Patchwork Market and Vendors are independent contracting parties, and nothing in the Terms will make either party the employee, partner, agent, or legal representative of the other for any purpose whatsoever. Nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other. c) Assignment The rights and obligations arising under these Terms are personal to the Vendor. The Vendor must not assign, license, sub-license or transfer all or any part of the Vendors rights and obligations under the Terms without the prior written consent of the Patchwork Market. d) No implied waiver The failure of the Patchwork Market to require performance by You of any obligations arising under these Terms will in no way affect the right of the Patchwork Market to require such performances at any later time. If the Patchwork Market waives a breach by You of any obligation arising under these terms, such waiver will not constitute a waiver of any later breach of the same or any other obligation under these Terms. e) Severability If any provision of these Terms is or becomes invalid or unenforceable under any statute, regulation, ordinance, executive order, or other rules of law, the invalid provision will be served from these Terms, and the remaining Terms will remain in full force and effect.
f) Entire agreement These Terms and the Vendor’s Manual constitute the entire agreement between the parties concerning its subject matter and supersede all prior oral or written representations and agreements and the parties expressly agree that neither has relied on pre-contractual conduct or representations of the other party in entering into these Terms. g) Variation No alteration, modification, change, or variation of any of these terms will be binding upon either party unless in writing and signed by a duly authorized representative of each party. Contact Details: If you have any further questions or feedback, you may contact us at any time.
(LAST UPDATED MAY 2021)