It is the responsibility of the Stallholder and their representatives to read, interpret and apply the information contained within the James Cook University Student Association (JCUSA) Market Day Terms and Conditions.
The below Terms and Conditions apply to all Stallholders who have been approved by the JCUSA to occupy a stall at Market Day.
It constitutes the terms and conditions on which JCU allows the Stallholder to occupy a stall at Market Day and on which JCUSA agrees to provide services to the Stallholder.
By agreeing to the Terms and Conditions in your application, the Stallholder applicant, Stallholders and their representative acknowledge and agree to the Terms and Conditions and agree to indemnify JCUSA, JCU and its employees for all legal liability whatsoever. This includes if an injury occurs as a result of negligence, improper or recklessness action or the lack of action taken by the Stallholder concerning any matter pertaining to the Stall.
JCUSA has the right to change these Terms and Conditions at any time and Stallholders will be informed via email of any changes within fourteen (14) days of the changes. Stallholder will then need to accept the updated version of the Terms and Conditions.
No stallholders are to provide or sell beverages as JCUSA has the exclusive rights to beverage sales at the venue. Frozen ice blocks are not considered to be a drink.
Definitions:
Application means the submission of the official application form with all required attachments.
Approved Product means products and food listed in the Stallholder’s application for which the Market Day Event Coordinator (MDEC) has provided written consent to sell or provide for free at Market Day.
JCUSA means the James Cook University Student Association.
JCU means James Cook University.
JCU Security Department means the JCU department who is responsible for the on campus emergency management, first aid, parking and parking fines.
Market Day means the Market Day event generally held in Orientation Week of JCU at the Cairns and Townsville JCU Campuses. It is a festival full of activities on campus and provide students with an opportunity to find out more about what the local community has to offer and what JCU clubs & societies are available on campus.
Market Day Event Coordinator (MDEC) means the JCUSA representative tasked with the coordination and management of Market Day.
Social distancing (also called physical distancing) includes remaining at least 1.5 metres away from other persons where possible.
Stall means the designated area that the MDEC has approved for the purpose of trading activity by a Stallholder on Market Day.
Stallholder/s means a person, persons or legal entity and their selected representatives as outlined in their Application form and approved by the MDEC.
Plastic Straw Free means no plastic straws are allowed on JCU campuses.
Physical distancing includes remaining at least 1.5 metres away from other persons where possible.
Terms and conditions means the rules and regulations outlined in this document.
Trading Activity means the action of offering goods or services for sale.
University means James Cook University
Advertising and Marketing materials:
All materials, resources, advertising and marketing must not be offensive.
Any items deemed to be offensive or if a compliant is received, then the said items will need to be removed from public display immediately.
Affiliated Student Clubs and Societies:
JCUSA may permit JCUSA affiliated clubs and societies to sell approved food items for the purpose of fundraising for the respective club during the market day event. The Clubs & Societies who wish to sell approved food must email [email protected] prior to the event for approval (this also applies to any additional fundraising activities).
The student club or society must abide by the appropriate food safety standards as outlined on the Townsville City Council website. JCUSA reserves the right to refuse permission to sell any food item. If a club or society on the day fails to meet food standards, they may be asked to discontinue the selling of that food item.
Any Stallholder found to be selling prohibited or non-approved items on the day may be asked to leave the market.
JCUSA accepts no responsibility for loss of product or any related equipment costs.
Approvals:
A complete and accurate application form is required from all Stallholders prior to the closing date.
Incomplete or inaccurately completed applications will be rejected.
Late applications will not be accepted.
Upon receipt of the below information and documents the MDEC will make a determination of acceptance or rejection based on the supplied:
- Market Day stall application form;
- a copy of current public liability insurance for a minimum of 10 million dollars;
- acceptance of these Terms and Conditions;
- a copy of the risk assessment you completed that resulted in you applying to attend;
- documented food or product/s for sale or for free; and
- a copy of a current food license (if relevant).
There is a minimum 5 day approval process for all market stall applications.
The MDEC reserves the right to decline any applications without explaining the decision and all decisions are final and binding.
A Stallholder is deemed to be approved to attend Market Day when they have received email communication from the MDEC confirming approval has been granted.
Approved products services, resource, marketing materials and food:
We encourage Stallholders to be as creative as possible but it is necessary to email an outline of activities and prizes to [email protected] to avoid potential violations with JCUSA and university policies and regulations.
Stallholders are only permitted to sell or give away approved products, services, resources, marketing materials and food.
JCU campuses come under the single-use plastics ban, which means the supply of single-use plastic straws, stirrers, plates, bowls, cutlery and expanded polystyrene takeaway food containers and cups is banned in Queensland.
JCUSA reserves the right to refuse permission to sell or provide any approved products, services, resource, marketing materials and food. The MDEC can cancel a Stallholder’s application for a Market Day Stall if the products services, resource, marketing materials and food offered for sale or free are not the same as advised in their application and of inferior quality.
JCUSA is committed to safety and such it is the Stallholders legal obligation to provide products, services, resources, marketing materials and food are safe for use and/or consumption. It is also the Stallholders obligation to ensure that the items they are supplying are free from defects that may cause injury and meet any Australian Standards and food regulations and licensing requirements. Hence, a food license is required with the application.
Any Stallholder distributing free samples is also expected to follow Food Safety Standards and only supply wrapped food.
Controversial, offensive, illegal, counterfeit or unauthorised items are not allowed at Market Day. JCUSA will not allow the distribution, sale or promotion of anything deemed sexist, racist, and defamatory or conflicts with our existing services. Any Stallholder found in violation of these expectations may be asked to leave the market and could be prohibited from attending future market days.
The MDEC has the right to remove a Stallholder if it is suspected illegal or prohibited items are being sold. Furthermore, the Stallholder can face a lifetime ban from Market Day and regulatory authorities may be contacted.
All Stallholders are subject to the JCUSA and JCU Workplace Health and Safety Regulations and requirements.
Cancellations and Refunds
If a Stallholder chooses to cancel their booking, then the MDEC must be notified via email to [email protected] at least 72 hours prior to the day of Market Day. Phone calls will not be accepted.
If a Stallholder fails to inform the MDEC of cancellation, this may result in declined future applications.
No refunds or transfers will be given for:
- cancelled stalls without 72 hours’ notice;
- non-attendance on Market Day;
- stalls that are closed down due to noncompliance with these Terms and Conditions, such as failure to test and tag electrical equipment, offensive materials and behaviours, selling or providing for free unauthorised items, unsafe work practices and WHS hazards; and
- unsafe weather postponing the event.
Joe Baker Field
No vehicles can be driven on the lawn without permission.
No stakes or item can enter the ground.
No parking is permitted in the Fitness Centre Car Park – this is reserved for gym patrons only.
Market Day
Market Day is currently held in Orientation Week of JCU Study Period 1 and Week 1 of JCU Study Period 2 at the Cairns and Townsville JCU Campuses. It operates from 11am to 2pm on the Townsville Campus.
An information desk will be located at the entrance of the market square area closest to the Stallholder car park. Stallholders must sign in at the information desk. Information and maps showing stall locations will be provided here. Any questions or concerns you might have during the day, should be directed to the information desk
Approved Stallholders are entitled to a stall only during the specified trading hours (above).
Stalls will be ready for set up by 10am and all stall holders must be ready by 11am at the latest. Do not arrive before 10am. Stallholders who are not set up by 11am may forfeit their stall booking and will not be entitled to any credit or refund of paid application fees.
Packing up will commence at 2pm. Stallholders are responsible for leaving their stall neat and tidy.
There is no vehicle access to stalls available. Stallholders with items to transport to their stall will need to unload their vehicles in the car park and walk through to the market day site.
Please refer to the Parking Section below for further information.
Parking Information
Parking at JCU's Cairns and Townsville campuses is regulated under the James Cook University Act 1997. The University has a mix of free and paid parking, with paid parking applying to all vehicles between 8AM and 5PM Monday to Friday in signed Permit areas. Permit holders are responsible for ensuring the vehicle they drive is active on their permit.
A parking map will be provided for the nearest free parking areas to the event for stallholders to use. We ask that stallholders do not park in the JCUSA Fitness Centre car park, as this is for Gym patrons only.
Stallholders are responsible for their own parking choices and any fines or costs incurred.
It is the Stallholder’s responsibility to make themselves familiar with where they can and cannot park.
The Market Day Event Coordinator, JCU, JCUSA and their representatives take no responsibility for parking fines issued by the JCU Security Department. If the Stallholder receives a fine it is their responsibility to pay the fine.
Information on general parking is available here – JCU Parking Information.
A campus map is available here – Campus Map.
Queensland traffic regulations apply to all Australian campuses 24 hours a day, 365 days a year. Speed limits are also enforced by Queensland Police.
Power and Electrical Equipment
Power is available on request but is limited and must be arranged more than 2 weeks in advance of the event.
Prior to the Event
Any difficulties, clarifications or further questions prior to the event should be directed to [email protected]. Please let us know if you are unable to attend. If there are any changes to the day, Stallholders will be notified via email by JCUSA.
Public Liability Insurance
The JCUSA accepts no liability for injury, loss of property or illness that may result from this event or the actions of any Stallholder. External Stallholders will be required to have appropriate and current public liability insurance to the minimum value of 10 million Australian dollars. Student clubs and societies affiliated with JCUSA will be covered by JCUSA insurance policies.
Safety
The Stallholder is responsible for ensuring that their stall is safe and poses no risk of harm to Stallholders and the public.
Trip hazards and other safety hazards are to be eliminated.
If the MDEC or any other person identifies or reports any unsafe practice, equipment or hazards the stall will be closed down.
Stallholders and or persons assisting with the stall in any way are required to wear footwear at all times.
Security and Emergencies
The JCU Security Department contribute to the provision of a safe and secure environment for all staff, students and visitors, to ensure the security of buildings property belonging to the University and provide an emergency response to any notified emergency situation.
First Aid is available from qualified first aiders including some JCUSA staff and all JCU Security Department staff.
Stall Details
Stallholders will share a 3x3m Marquee (with another Stallholder) and may share a 2.4m x 1m trestle table (unclothed) and will receive 2 chairs. If you wish to have one marquee to yourself, you have to pay the small business fee.
Small and large businesses do not share a marquee and will receive their own.
Only the company with a booking is permitted in the stall. A stall cannot be split with another company that has not registered with JCUSA.
Stallholders may not sublease / share contracted marquee space without written permission from JCUSA. The JCU Student Association has the right to refuse an application for a stall.
Ensure your property is properly labelled and is not left unattended at any time.
Stall Location/Site Map:
Approved Stallholders will be emailed a site map of their stall location prior to Market Day.
There will be an information desk at Market Day that approved Stallholders must check in to upon arrival at the venue.
Stallholders can only set up in the space allocated to them. Non-compliance may result in being escorted off of the property and rejection of future Market Day Stall applications.
Whilst it is envisaged that Stallholders will not have to move stall locations on the day, the MDEC does have the right to move stall locations at any time.
Stallholders to Act Professionally
JCUSA expects all Stallholders to act professionally and not to engage in inappropriate behaviours that could cause harm or injury. Violence, bullying, abuse or offensive behaviour or actions will not be tolerated.
JCUSA also expects Stallholders to respect other Stallholder's religious and political beliefs and not to engage in offensive, aggressive or harassing behaviour.
Stallholders cannot be under the influence of alcohol or illegal drugs.
Stallholder are prohibited from soliciting and using amplifiers or loud speaker systems.
Waste Management
All Stallholders are responsible for ensuring that their stall area is clean and tidy at all times.
All rubbish and waste is to be removed and placed in the correct rubbish receptacles that are provided by JCUSA. Please provide your own rubbish bags at your stall for ease cleaning. Bins will be located on the grounds and you will be responsible for disposing of any rubbish at your stall.
Advertising material is not to be left behind unless arrangements have been made with Management.
Cancellations Due to Adverse Weather:
Market Day is an outdoor event and can be subject to adverse weather. Tropical weather conditions can result in a hazardous environment on Market Day. Therefore JCUSA, as the event organisers can cancel or change the date for Market Day based on adverse weather conditions.
JCUSA will not be held responsible for external conditions that are outside its control.
The decision to cancel Market Day is made by the Market Day Event Co-ordinator (MDEC), and can be made at any time up to or during the event, as weather conditions are notoriously unpredictable. Stallholders and attendees accept the risk that weather can cancel or postpone Market Day.
The MDEC, based on available information and weather forecasts will cancel Market Day if there is any:
- actual or forecasted temperature of 42 degrees or higher; and/or
- actual or forecasted lightening;
All enquiries should be directed to: [email protected] (07) 4781 4400
