Assessment
Applications will be assessed by the BFM Committee against the Eligibility Criteria, and with a view to maintaining a balanced market mix.
The BFM Committee has absolute discretion in the approval of the successful applications, taking into account the Eligibility Criteria, and is not bound to accept any application.
If your application is accepted, Council will send you an invitation to participate subject to a trial period of three months. After the trial period, Council will review your performance and if agreed by you and the Committee, your application will be formally accepted. The following conditions of offer and acceptance will apply
Conditions of Offer and Acceptance
- Participation at the market is by invitation from the Council. Council reserves the right to amend the number and type of stalls (the ‘market mix’) at any time.
- To maintain a fair market mix, the BFM Committee reserves the right, at its absolute discretion to determine which VFMA accredited products are sold by individual stall holders once their application has been accepted.
- The BFM Committee reserves the right to withdraw the invitation to participate in the BFM to stallholders who do not comply with this condition.
If the stall holder wishes to introduce a new VFMA accredited product to the BFM, the stall holder must seek written approval from the BFM Committee before doing so.
The BFM Committee has absolute discretion to relocate the market to the adjacent southern carpark, or in extreme circumstances, cancel the BFM. On market day, the On-Site Market Manager (Manager) has absolute discretion to temporarily relocate or cancel the market for any reason that the Manager deems appropriate. In such events, stallholders will be liable for all of their losses arising out of, or in connection with participation at the market and will make no claim against Council. Any market day fees paid in advance will be credited to the next operating market.
Market day conditions
- Information about the produce being sold must be available to customers at each stall. All prices must be clearly labelled.
- Packaging is to be minimised and recyclable packaging used where possible. Disposable cutlery and crockery must be bio-degradable.
- Stallholders must remove all rubbish generated by them at the end of the Market.
Public Liability
- The Applicant must, at all times, be the holder of a current public liability policy of insurance (“the Public Liability Policy”) in the name of the applicant entity (legal) name, providing coverage for an amount per event of at least $20,000,000. Evidence of Certificate of Currency must be provided to Council.
- The Applicant must provide Council with certificates of currency in respect of all insurances required within one (1) day of the request being made by Council.
- If the Applicant fails to comply with its obligations to insure or to provide evidence of insurance, Council may terminate your participation immediately
The Applicant shall release and indemnify the City of Boroondara, its employees or agents, against any loss, damage, liability, cost, expense (including legal expenses on a full indemnity basis) action arising directly or indirectly out of, or in any way connected with the activities of the applicant or their employees or agents at the BFM and in consequence of this Application, except to the extent that the loss, damage, liability, cost, expense are caused by any negligent act or omission or wilful misconduct of the City of Boroondara, its employees or agents.
There is no obligation, commitment or undertaking by Council to Stallholders beyond that specifically detailed in this application.
Any updates or changes to the Terms and Conditions or market guidelines will provided to Stallholders by the BFM Committee via email as soon as is practical.