Market Terms & Conditions
Current as of 8th of March 2017
Market Terms and Conditions
These Terms and Conditions apply to all stall-holders who are approved to trade at the Shediac Park Market operated by Stepping Stone Productions Inc., with these Terms and Conditions and the Stall-holder Information included on the Website is a condition of such approval. The stall-holder acknowledges and accepts in submitting an Application that the Shediac Park Market or Stepping Stone Productions Inc. may alter any rule or term of the Terms and Conditions or Stall-holder Information, or make additional rules and terms, from time to time, by posting a notice that there is a change to the Terms and Conditions on the Website. Any further use of the website, or correspondence sent from the Shediac Park Market to the stall-holder with respect to the amended Terms and Conditions, after the date of such notice is deemed acceptance of the new Terms and Conditions. A stall-holder is deemed to be granted consent to Trade at the Market when it has submitted an Application to the Shediac Park Market and has received written confirmation from Stepping Stone Productions Inc. that their Application has been approved for membership to the Shediac Park Market stall-holder Community and subject to any special conditions or restrictions noted by Stepping Stone Productions Inc. in the written confirmation.
In these Terms and Conditions:
The Shediac Park Market means Stepping Stone Productions Inc., its employees, staff, and officers. Stepping Stone Productions Inc. has the license or permission to control, operate and regulate the Market which includes the authority to grant or withhold consent to any person/s or legal entity to attend, occupy or undertake Trading Activity at a Stall at the Market.
Application means any document, form or written correspondence (including any document or form in electronic format) that has been submitted by a stall-holder when applying to the Shediac Park Market for approval as a stall-holder and/or consent to Trade at the Market and must be done at the beginning of every season.
Approved Products means those goods and services for which Stepping Stone Productions Inc. has granted to the stall-holder consent to offer for sale and sell at the Market. Such goods and services must be described in the Application to be a stall-holder. Stepping Stone Productions Inc. reserves the right to provide consent to a limited selection of the goods and services described in the Application or to revoke consent or otherwise alter the range of goods or services permitted to be sold at the Market at some time in the future.
Approved stall-holders means stall-holders who have been accepted by Stepping Stone Productions Inc., through the on-line Application process, to be permitted to Trade at the Market.
Pre-booking a Stall means the process of indicating a start date on the Market website application form, indicating “re-book” on your payment envelope or contacting Stepping Stone Productions Inc. by phone or written correspondence i.e. email before 5pm Saturday the week prior to the market day the stall-holder is requesting to appear.
The Shediac Park Market stall-holder Community means the group of stall-holders who have been given consent by Stepping Stone Productions Inc. to be Approved stall-holders .
Operators means a person or persons appointed by Stepping Stone Productions Inc. to facilitate the operation of the markets.
Market means the specific Market/(s) nominated by a stall-holder in the stall 'Pre-booking' process. A reference to a Market includes an area which is designated for the purpose of conducting Trading Activity or the area of Shediac which Stepping Stone Productions Inc. has the lease or licence to control, operate and regulate as a market or a place where Trading Activity may be undertaken. The Market includes any roadways, car parking areas and areas of access to or egress from the Market.
Marquee, tent, gazebo or umbrella means any covered structure that is erected within the boundaries of a Stall or otherwise occupied by a stall-holder at the Market.
Terms and Conditions means the terms and conditions listed on the website and the Stall-holder Information, as amended from time to time. Stepping Stone Productions Inc. may alter any term of these Terms and Conditions or include additional terms from time to time, by posting a notice that there is a change to the Terms and Conditions on the Website. Any further use of the website, or correspondence sent from Stepping Stone Productions Inc. to the stall-holder with respect to the amended Terms and Conditions, after the date of such notice is deemed acceptance of the new Terms and Conditions.
Site Manager means the person/persons appointed by Stepping Stone Productions Inc. to manage the Market on a Trading Day.
Stall means an area within the Market that is designated by Stepping Stone Productions Inc. for the purposes of Trading Activity by a stall-holder. Any alternative area will be defined by Stepping Stone Productions Inc. and indicated to the stall-holder as a condition of consent.
Stall-holder means a person, persons or legal entity and their employees, staff, agents or representatives that have been granted consent by Stepping Stone Productions Inc. to occupy a Stall and undertake Trading Activity at the Market.
Stall-holder Information means the site/market specific information that is detailed on the Website as a page or document titled ‘Stall-holder Information’ or ‘Stall-holder Info’.
Stall Fee means the amount charged by Stepping Stone Productions Inc. and payable by the stall-holder as consideration for the opportunity provided by Stepping Stone Productions Inc. to the stall-holder to undertake Trading Activity at the Market. The Stall Fees are indicated on the Website.
Trade at the Market means occupy a stall and undertake Trading Activity.
Trading Activity means activity where goods or services are offered for sale, sold or promoted; or activity undertaken with the aim of promoting or increasing awareness of the stall-holder or the stall-holder’s products and/or services.
Trading Day means any day on which the Market operates with Trading Activity and usually refers to a Sunday and can include other days of the week (i.e. public holidays and Shediac special event days).
Website means the internet address that is controlled by Stepping Stone Productions Inc. who has the licence or permission to control, operate and regulate. Words in the singular include plural and in the plural include the singular. Where there is more than one person, partner or legal entity noted on these Terms and Conditions then these Terms and Conditions shall apply jointly and severally.
The stall-holder acknowledges that Stepping Stone Productions Inc. approval of the stall-holder to exhibit or Trade at the Shediac Park Market does not necessarily constitute approval to exhibit or Trade at the markets on any given day and that a stall-holder must apply to attend the Market via the Shediac Park Market website for approval before attending their first market and subsequently follow the “pre-booking” procedure to attend the Shediac Park Market from week to week.
A stall-holder may only offer for sale Approved Products.
To vary the Approved Product/s, a stall-holder must submit a new Application that describes the proposed new product/s to the Shediac Park Market. The Shediac Park Market will subsequently review the application and advise the stall-holder in writing as to whether their application has been successful or not.
The Shediac Park Market may cancel a stall-holder’s approval to occupy a Stall at the Market if the merchandise offered for sale is substantially different from the Approved Product.
In order to ensure variety and a limited number of stalls in each product category at the Market, the Shediac Park Market reserves the right to reject applications and not to enter into correspondence or otherwise explain the reasons for its decisions.
Stall-holders are not permitted to sell offensive, illegal, prohibited, counterfeit, imported or unauthorized goods including goods bearing trademarks for which the stall-holder does not have a license to sell.
If food of any description whatsoever is sold by a stall-holder, then that stall-holder is required to comply with relevant local government and other statutory laws and Terms and Conditions governing the sale of their food item(s).
Products that may not be offered for sale or sold at the Market include goods bearing registered trademarks, which are not genuine products; items and services of an ‘adult’ nature which are not suitable for a public forum; items associated with the illegal use of drugs; items not in accordance with the relevant Canadian Standards; and other items notified by the Shediac Park Market to a stall-holder from time to time.
It is the stall-holder’s responsibility to ensure that all equipment brought to or utilized at the Shediac Park Market by the stall-holder has been erected securely, is operated in a safe manner and has been ballasted against strong winds prior to the commencement of trade.
All stall equipment including racks, tables, equipment, signage; etc must be located within stall site boundaries. Public access ways must be kept clear at all times and stall-holders must cooperate with the Shediac Park Market in ensuring that an appropriate corridor is maintained along the pedestrian pathways.
The Shediac Park Market will not permit a stall-holder to attend the Shediac Park Market if the stall-holder is anyone other than a natural person unless a Guarantor, approved by the Shediac Park Market, is also a party to it. In other words, stall-holders who trade through a company structure must also agree to be noted as a Guarantor. In consideration of the Shediac Park Market permitting the stall-holder to trade at the Market, the Guarantor unconditionally and irrevocably guarantees to the Shediac Park Market the due and punctual performance and observance of the stall-holder to the terms and conditions of these Terms and Conditions.
The Shediac Park Market has taken out public liability insurance for the amount of $10,000,000.00. A copy of the terms of the Market Insurance Policy is available by a written request by the stall-holder addressed to the Shediac Park Market.
The stall-holder acknowledges that the Shediac Park Market’s consent to the stall-holder to occupy a Stall at the Shediac Park Market may not be assigned to any other person and does not convey any right to any particular location for a Stall. Stall-holders must locate their Stalls as directed by the Shediac Park Market and or the Site Manager who is authorized to determine and change the layout for Stalls from time to time.
The stall-holder must ensure that all Trading Activity is undertaken within the boundaries of the Stall.
The stall-holder may request from the Shediac Park Market permission to utilize extra space at the Market and if the request is granted, the Shediac Park Market reserves the right to charge an additional Stall Fee in respect of the additional space.
SET UP AND PACK UP
The hours of Set up and Pack up are outlined on the Website.
Stall-holders must abide by the instructions of the Shediac Park Market, the Site Manager and or staff in relation to traffic control.
In the interests of Occupational Health & Safety, stall-holders must strictly comply with specific times in relation to the set up and pack up of the Market. Setting up and packing up a Stall outside of the designated times may be hazardous to other persons and, as such, a failure to observe and comply with the time restrictions for set up and pack up is considered to be a major breach of the stall-holder’s obligations and the Shediac Park Market reserves the right to refuse the offending stall-holder permission to occupy a Stall at the Market on the day of the infringement and on any future date.
Stall-holders may not display or erect any advertising signage other then there own business activity or service unless the stall-holder has received the Shediac Park Market’s consent to display such advertising.
Stall Fees and the method of payment are outlined on the Website.
Stall Fees are not refundable.
Trading Activity is permitted during the Trading Hours detailed on the Website.
All Stalls must be set up and ready to trade at the commencement of the Trading Hours.
It is the responsibility of the stall-holder to continue trading for the full duration of the Market’s Trading Hours.
Stall-holders must cease trading and commence packing at the end of the Trading Hours and must ensure they are off site in accordance with the hours of Set Up and Pack Up.
Stall-holders who have booked a Stall and prepaid their Stall Fee shall be entitled to a Stall only until the Commencement of Trading Hours. stall-holders who have not occupied their Stall by this time may forfeit their stall booking, will not be entitled to any credit or refund of stall fees and the Shediac Park Market reserves the right to allocate the Stall to another stall-holder.
VEHICLE & TRAFFIC CONTROL
Stall-holders must comply with the terms of the Market’s Traffic Plan (as amended from time to time) and must abide by the instructions of the Shediac Park Market Management and the Site Manager regarding the movement and parking of vehicles at the Market, on the public roads and in areas within the immediate vicinity of the Market.
When Vehicles are permitted to drive within Market, they are to do so at 5kph at all times.
Stall-holders must comply with local traffic rules and Terms and Conditions on the public roads and in areas in the immediate vicinity of the Market and must not park illegally, double park in traffic lanes, park in driveways, queue across traffic intersections, undertake illegal U turns or traffic manoeuvres, or otherwise hinder traffic in the streets surrounding the Market during Set Up or Pack Up times.
Stall-holders are required to remove from the Market on leaving, all garbage, waste, litter and other rubbish that the stall-holder has either brought onto the Market or obtained at the Market. The garbage bins provided at the Market are for the purpose of the disposal of litter by the general public and are not available for the disposal of stall-holder’s waste or packaging materials.
At the end of the day’s trading, the stall-holder is required to clean their site and ensure that it is clear of discarded rubbish and waste materials.
Any stall-holder found to be utilizing the Market rubbish bins for the removal of the stall-holder’s waste or packaging material shall be requested to discontinue such activity and may incur a waste fee. stall-holders may be refused permission to occupy a stall if this activity continues or persists and appropriate warnings have been given by the Shediac Park Market.
The Market may operate in varying weather conditions. You should not apply for a stall unless you are prepared to take the risk on weather.
It is the responsibility of the stall-holder to bring their own covers and other equipment for the purpose of protection in adverse weather conditions.
If the Market proceeds in the case of inclement or adverse weather conditions, it is solely at a stall-holder’s discretion as to whether the stall-holder will set up or commence trading. The stall-holder must advise the Site Manager of their intention not to trade, however no refund or credit will be given to a stall-holder who makes a decision not to trade, due to bad weather, on a Trading Day.
Should the adverse weather conditions occur during trading hours, stall-holders shall continue trading until such time as the Site Manager provides instructions to cease trading at which time pack up may commence.
The Shediac Park Market will not be held responsible for any loss, damage or injury whatsoever resulting from adverse weather conditions or any decisions it relation to the continuation of trade during adverse weather conditions.
No smoking is permitted within the Market Area.
Stall-holders who wish to smoke shall do so outside of the market area and away from all stalls and shop fronts.
The Shediac Park Market’s EXCLUSION OF LIABILITY
The stall-holder acknowledges and agrees that the Shediac Park Market makes no warranty or representation in relation to or in connection with the stall-holder's occupation or use of the Market. Without limiting the generality of this clause, the stall-holder acknowledges and agrees that the Shediac Park Market has made no warranty or representation in relation to or in connection with:
the prospects of the stall-holder for selling the Approved Products at the Market;
the stall-holder's access to people visiting the Market or the access those people have to the stall-holder;
the existence, number or quality of products that will compete with the Approved Products
the existence or extent of services and/or facilities of any kind at the Market;
the position within the Market that the stall-holder will occupy;
the suitability of the Market for any particular purpose or the existence of any latent or patent defect at the Market;
the extent, if any, to which other visitors to the Market might interfere with the stall-holder's use of the Market;
the existence or extent of any advertising or promotional activity or material that may or may not be published or undertaken by the Shediac Park Market;
the existence or extent of any security measures undertaken to protect the stall-holder, the Approved Products and/or the Market against terrorist or other criminal activity; or
the existence or extent of any security at the Market.
The Shediac Park Market’s REPRESENTATIONS
The Shediac Park Market’s consent to the stall-holder to trade at the Market does not convey to the stall-holder any ongoing rights in relation to the Market into the future and such consent can be terminated by the Shediac Park Market at any time in writing and without any period of notice. The Shediac Park Market reserves the right to undertakes any of the following actions without notice:
relocate a stall-holder to another Stall within the Market;
remove a stall-holder from the Market;
require the stall-holder to remove from sale any good or service offered by the stall-holder which are not Approved Products; or
request that the stall-holder undertake any reasonable measure which in the opinion of the Shediac Park Market or the Site Manager will improve the safety of the Stall.
The Shediac Park Market’S RIGHT OF TERMINATION
The Shediac Park Market reserves the right to withhold consent to a stall-holder to Trade at the Market, to remove or to have removed from the Market, a stall-holder who is in breach or does not comply with the Terms and Conditions, including where a stall-holder:
fails to pay their Stall Fee in a timely manner;
fails to abide by the Market’s Set Up or Pack Up conditions;
fails to abide by the Market’s Trading Hours
fails to abide by the terms and conditions of the Market’s Traffic Plan;
fails to limit the products offered for sale to Approved Products;
fails to adhere to instruction given by the Site Manager;
brings the market into disrepute;
wholesales Approved Products to the retail trade in Shediac;
commits a criminal act at the Market; or behaves in a manner that the Shediac Park Market considers is inappropriate or may bring the Shediac Park Market in disrepute.
Without limiting the generality of any other provision of these Terms and Conditions, the stall-holder hereby indemnifies and holds the Shediac Park Market harmless from and against all Claims for Loss arising in connection with or in relation to:
the stall-holder's occupation of the Market;
the sale or attempted sale of the Approved Products or any other products or services;
any injury or harm suffered by the stall-holder;
any injury or harm caused to any property or suffered by any person as a direct or indirect consequence, in whole or in part, of any act or omission by the stall-holder;
any loss of or damage to the stall-holder's property regardless of the cause of that loss or damage;
the death of any person of a consequence, in whole or in part, of any act or omission by the stall-holder;
any breach of these Terms and Conditions by the stall-holder; or
any legal costs on a full indemnity basis incurred by the Shediac Park Market as a result of the stall-holder's breach of these Terms and Conditions.
Stall-holder’S OBLIGATIONS & RESPONSIBILITIES
The stall-holder agrees that at any time while the stall-holder is at the Market, the stall-holder will:
respond cooperatively to any direction given by the Shediac Park Market’s staff in relation to the operation and occupation of their stall, equipment, goods and vehicle during set up and pack up out activities and any direction of a security or safety nature;
ensure that their activities do not endanger the safety or security of any people at the Market;
not cause any damage, make alterations or additions of any nature to, or carry out any works of any nature to equipment supplied to the stall-holder and that, if any such damage is caused, the costs of any repairs, making good or replacement are borne by the stall-holder;
leave the site in the condition in which it was before the stall was set up for the day and that if any damage is caused to the site, then costs of making good shall be borne by the stall-holder;
not operate or use any sound equipment of any nature without the express permission of the Shediac Park Market;
keep the Market and its immediate surrounds clean, tidy, presentable and free from waste and rubbish;
ensure that nothing is done at the Market which is illegal, obscene, offensive, dangerous or otherwise creates a nuisance or causes damage, disturbance, annoyance, injury or obstruction to any owner, occupier or user of any nearby land or premises;
report to the Shediac Park Market any incident or accident to any person or property that involves loss or could be expected to give rise to a Claim;
ensure that any accident involving any injury to any person, or any loss of or damage to any property within the Shediac Park Market (including any defect, failure or lack of repair at the Shediac Park Market) which may give rise to a danger or risk to others , is reported directly to the Shediac Park Market;
vacate the Market immediately after being requested to do so by the Shediac Park Market;
not use the Shediac Park Market for any purpose other than the display and sale of Approved Products; and
not place or affix any product or signage to any permanent building, structure, play apparatus or vegetation.
Stall-holders are responsible for the:
safety of all equipment brought by the stall-holder to the Market;
safety of their employees, staff, agents or representatives that may occupy the stall-holder’s Stall; and
cost of all repairs or replacement of any items belonging to the Shediac Park Market that is damaged by the stall-holder
The stall-holders acknowledges that the Shediac Park Market may revoke the stall-holder’s consent to Trade at the Market in the case that the stall-holder fails to comply with the obligations detailed above.
Stall-holder's OBLIGATIONS & RESPONSIBILITIES:
Stall-holder specifically agrees that during the term of this Agreement with Shediac Park Market operated by Stepping Stone Productions Inc. and for a period of two (2) year after termination of this agreement for any reason, Stall-holder will not directly or indirectly compete with the Shediac Park Market or Stepping Stone Productions Inc., including but not limited to participation in any farmers market, flea market or similar shared public venue for the sale of goods within the township of Shediac, New Brunswick. This paragraph and Stall-holder’s obligations shall survive the termination of this agreement for whatever reason, including Stall-holder’s termination or breach of this agreement.
Stall-holder WARRANTIES & REPRESENTATIONS
Stall-holder will not within two (2) year after this agreement ends or is terminated for any reason, without Stepping Stone Productions Inc.'s express written consent, directly or indirectly, solicit or encourage any stall-holder, employee, agent, independent contractor, supplier, customer, consultant or any other person or company to terminate or alter a relationship with Stepping Stone Productions Inc. Additionally, Stall-holder shall not directly or indirectly, divert business from Shediac Park Market or Stepping Stone Productions Inc. or solicit, accept or procure business from, divert the business of, or attempt to convert to other methods of using the same or similar services or products provided by Shediac Park Market, or any customers of Shediac Park Market or Stepping Stone Productions Inc. Stall-holder shall not interfere, in any manner, with Shediac Park Market’s or Stepping Stone Productions Inc.’s customer relationships or with its relationship with the Township of Shediac. This paragraph and Stall-holder’s obligations shall survive the termination of this agreement for whatever reason, including Stall-holder’s termination or breach of this agreement.
The Shediac Park Market permits the stall-holder to attend the Shediac Park Market in reliance on the following warranties and representations hereby made by the stall-holder: the stall-holder is the owner of the Approved Products with full power and capacity to sell absolute legal and beneficial ownership of the Approved Products to a third party without any encumbrance;
the stall-holder is not in reliance on any representation or statement made by the Shediac Park Market that is not expressly contained in these Terms and Conditions
the stall-holder is responsible for obtaining all relevant permits and permits required to operate the stall-holder’s business and that all merchandise sold complies with all relevant safety and compliance standards and retails laws currently in force;=
the stall-holder does not bring into the Market any hazardous materials of substances;
the stall-holder will not bring the reputation of the markets into disrepute; and
the stall-holder will comply with all of the terms contained in these Terms and Conditions and will comply with any changes to the Market Terms and Conditions, or any relevant local government and other statutory laws and Terms and Conditions.
Without limiting the generality of these terms, the stall-holder acknowledges and agrees the Shediac Park Market is not liable for any Claim or Loss suffered or incurred by the stall-holder in relation to or in connection with: theft or damage of Approved Products, equipment or goods under the control of the stall-holder or any other property of the stall-holder at any time including times when the Market is not trading;any failure by the stall-holder to sell the Approved Products;any journey from or to the Market; or damage or injury to any property or person.