Miami Farmers’ Market Miami High School, Gold Coast Highway, Miami, Gold Coast Qld. Every Sunday 6.00am-12.00pm Palm Beach Farmers’ Market Palm Beach Currumbin High School Thrower Drive, Palm Beach, Gold Coast Every Saturday 6.00am-11.30am GENERAL TERMS AND CONDITIONS September 2021 1. Preamble These General Terms & Conditions must be read in conjunction with all other documents supplied in The Market Co. GC’s (TMCGC) Welcome Pack. These include, but are not limited to, Contingency Plans for Hazardous Weather, and a COVID-19 CovidSafe Market Plan. All applicants must submit an Application Form prior to trading, whether purchasing or taking over the business of an existing Stallholder or applying for a new business. By submitting an Application Form and paying the non-refundable payment of two weeks' Stall Fees (Bond) and any other application fees required by TMCGC, Stallholders agree to be bound by these General Terms and Conditions (which includes any other terms, conditions, policies and procedures set out in any document contained in the Welcome Pack). All Stallholders, including Stallholders who have an Approval to Operate at TMCGC Markets prior to the date of these Terms and Conditions, agree to be bound by these General Terms and Conditions 2020. The General Terms and Conditions may be amended by TMCGC, from time to time, at its discretion. TMCGC will ensure that Stallholders are provided with a copy of any amendments to these General Terms and Conditions. Stallholders may have previously been provided with earlier versions of this document produced by The Market Co. GC Pty Ltd (TMCGC), Your Local Markets Pty Ltd (YLM) or Queensland Farmers’ Markets (QFM). For the avoidance of any doubt, these General Terms and Conditions supersede those terms. Stallholders acknowledge that they may also be subject to further terms and conditions specific to a Market and will be notified of such specific terms and conditions prior to the event. If a Stallholder is found to be in breach of these General Terms and Conditions TMCGC may, without warning, elect to immediately withdraw the Stallholder’s Approval to Operate. HEAD OFFICE: The Market Co. GC Pty Ltd PO Box 5130 Q Super Centre Mermaid Waters Qld 4218 ACN: 144 825 516 ABN: 63 654 093 452 PH: 5526 1465 WEBSITE: themarketcogc.com.au EMAIL: [email protected] 2 2. Attendance at Markets Stallholders agree to operate at one Market (or more, if attending more) for at least thirteen (13) consecutive weeks (Initial Term). See 40. Termination – Early for further information. TMCGC operates Markets on a permanent basis throughout the entire year, rain, hail or shine. It is the responsibility of the Stallholder to attend every regular, special or one-off Market and pay the relevant site fee, whether attending, or not. In the event that a Stallholder is not able to attend a Market for whatever reason, including but not limited to holidays, business trips, illness, injury, motor vehicle breakdown, strong winds and/or rain, floods, or any other unexpected event or emergency, they will still be obliged to pay the requisite Stall Fees. This rule ensures the continued loyalty of our customers and the ongoing successful operation of the Markets. Stallholders acknowledge that is not TMCGC’s responsibility, if for any reason, a stallholder is unable, or does not wish, to attend a market on Market Day. 3. Competitive Markets To protect our reputation and the business of our Stallholders and the loyalty of the local community, Stallholders agree that they will not trade at another market operated by a competitor of TMCGC within 5kms of any of our Markets. It is acknowledged that giving our local customers exclusive access to Stallholders’ business is integral to the success of our Stallholders and our Markets. However, under certain circumstances, approval in writing may be given by TMCGC to attend a Farmers’ Market within 5kms of one of TMCGC’s markets. 4. Compliance with Statutes, Regulations, etc. Stallholders must: (a) Ensure that their business is registered in accordance with all relevant State Government and local Council regulations. (b) Punctually comply with and observe all Statutes and all orders, ordinances and regulations relating to the Markets and to their activities at the Market. (c) Not do or omit to do any act or thing whereby TMCGC may become liable to pay any penalty or bear any expenses incurred under any statute, ordinance, regulation, by-l