Market Terms and Conditions
PERTH UPMARKETRetailer Terms and Conditions
Thank you for choosing to apply with Perth Upmarket (PUM). Once a retailer (stallholder) submits their application, the Retailer agrees to adhere to the terms and conditions as outlined in this document. We strongly encourage you to read through the terms and conditions carefully to ensure compliance and to prevent future disappointment or disputes.
Perth Upmarket is a strictly designer market - built to support the local creative designer industry here in WA. Bringing a range of products to this event that are not designed by you breaches our Terms & Conditions.
Applications must be completed clearly and accurately. Specific information is required regarding how your products are made. PUM reserves the right to decline applications we deem unsuitable at our discretion without entering into further correspondence with the applicant due to application volume.
It is of utmost importance to remember that stallholders are to engage only with PUM management and staff to discuss any issues, rather than the managers or staff of any of our host venues.
Table of Contents
Products 3
Product Safety and Labelling Standards 3
Stall Applications and Attendance 3
Stall Payment, Cancellation and Refunds 4
Event Cancellation 4
Force Majeure 5
Stall Set-up and Presentation 5
Stallholder Behaviour 6
Stall Operation 6
Stall Close and Pack-Up 6
Regulations and Insurance 7
Traffic Management and Parking 7
Additional Terms for Food/Beverage Vendors 7
Privacy and Data 8
Sale of Business 8
Use of Artificial Intelligence (AI) 9
Other 9
Limitation of Liability 10
Products
1) Perth Upmarket is a Designer Market. This means:
a) All products must be designed by you
b) Your products must be created from your own creative vision, offering unique items that aren’t available elsewhere because you, the designer, are the source of creative inspiration behind the range
c) You must be able to demonstrate a high level of design input and hands-on involvement in creating your products
2) Packaging only is not sufficient involvement. Stallholders who value-add to a product must provide significant creative input to the product, and not merely apply token additions.
3) Stallholders are only able to sell products approved by market management as per their application. If you have been accepted into an event and wish to sell additional products that were not included as part of your initial application, please submit a request in writing with attached images to PUM for approval. If you have not been accepted to an event, you may update your profile in our stallholder portal at any time.
4) Stallholders are not permitted to sell goods on behalf of other businesses. Stallholders who do not comply with this condition will not be approved.
5) PUM does not permit stallholders to use the event for clearance sales, as this devalues the efforts of other stallholders trading at full price.
6) It is the responsibility of stallholders to ensure their products comply with the relevant safety and labelling standards for their items (see Product Safety and Labelling Standards below). PUM takes no responsibility for products or stallholders who fail to comply with standards and regulations.
7) Stallholders are not permitted to sell offensive, illegal, prohibited, counterfeit or unauthorised goods, including goods bearing trademarks for which the stallholder does not hold a licence to sell.
8) It is the stallholder's responsibility to ensure that the products they are selling do not infringe on any third-party rights, including the Intellectual Property rights of other stallholders and businesses. Copying the ideas and work of other stallholders may be in breach of creative copyright and is not in the spirit of the market; any grievances must be raised with PUM in writing.
9) Loud product promotion or demonstrations by stallholders, including in dedicated demonstration areas, are not permitted where they disrupt neighbouring stallholders or patrons.
Product Safety and Labelling Standards
10) Certain product categories are stringently regulated by the Australian Competition and Consumer Commission (ACCC), including fire warnings on children's sleepwear, choking hazards, items intended for children under three, food products, and combustible candle holders. It is vital that stallholders are aware of, and comply with, the mandatory and legally binding safety standards associated with their products, and that products are labelled accordingly.
11) The onus is on the stallholder to ensure their products comply with the relevant safety and labelling standards. PUM takes no responsibility for products or stallholders who fail to comply with these standards.
12) Candle retailers with a lit candle display must trade from an outside stall due to insurance requirements. Stallholders who do not light candles at their stall may be allocated an inside stall.
Stall Applications and Attendance
13) Acceptance of stallholders for participation in events is at the sole discretion of PUM. PUM reserves the right to reject applications and not enter into correspondence or otherwise explain further.
14) Stalls cannot be transferred, sublet, franchised or sold to any other person, and cannot be shared, without written approval from market management.
15) All stallholders will be informed in writing of their stall allocations, bump-in time and location one week prior to market. All stall allocations are final.
16) The Market Manager reserves the right, at any time, to alter the position or layout of the Market and stalls as may be necessary to maintain grounds, in accordance with directions from the landlord, for safety reasons, risk management and legal requirements.
17) Acceptance of an application to attend a PUM event does not guarantee ongoing acceptance. Applications from stallholders are assessed on an event-by-event basis.
Stall Payment, Cancellation and Refunds
18) Successful applicants will have seven (7) days to make payment of stall fees upon notification of acceptance to the market and issue of invoice, which will occur at the time of acceptance.
19) Failure to make payment within the 7-day period will result in the offer of a stall being withdrawn.
20) Stall fees are set on an event-by-event basis and are displayed at the time of application. By submitting an application, you acknowledge and accept the applicable stall fees for the event to which you have applied.
21) Notification of non-attendance is required in writing, with an explanation provided as to the reason for non-attendance.
22) If you decline your stall offer, no fees apply.
23) Once your stall offer is accepted and paid for, should you cancel six (6) or more weeks prior to the market date for which you have been accepted, you will be entitled to a 50% refund of your stall fee.
24) Cancellations received within six (6) weeks or less, prior to the specified market date for which you have been accepted, are non-refundable with no exceptions.
25) PUM has the right to withdraw an offer to trade at any time. If PUM withdraws an offer to trade, a refund will be issued in full where payment has been made.
Event Cancellation
26) PUM reserves the right to cancel any market event up to 12 hours prior to its scheduled time.
27) PUM will inform stallholders via e-mail of any event cancellation with as much notice as possible.
28) Event cancellation by PUM may occur for reasons including but not limited to:
a) Insufficient stalls booked for the event;
b) Safety concerns (severe weather);
c) A Force Majeure event (see below);
d) Council or permit issues outside of PUM's control.
29) If an event is cancelled by PUM due to Safety (severe weather warnings), vendors are entitled to a 50% refund of their stall fee.
30) If an event is cancelled by PUM for other reasons (excepting force Majeure), vendors are entitled to a full refund of their stall fee.
Force Majeure
31) Force Majeure means the happening of an event ("FME") or circumstance which is beyond the reasonable control of a party and prevents or delays that party from performing any of its obligations; could not have been avoided or overcome by that party through the exercise of reasonable foresight, care and due diligence; and includes with the exception of severe weather as per the Event Cancellation Policy, but is not limited to: an Act of God, including earthquake, flood, fire, explosion, landslide, lightning, action of the elements, force of nature, washout, storm or storm warning, or natural disaster; a strike, lockout, boycott, work ban or other labour dispute or difficulty, or a venue owner deciding to cancel, restrict or alter a scheduled event; and acts of terrorism, civil disturbance, blockade, embargo, sabotage, insurrection, riot, malicious damage, epidemic, pandemic, chemical leak, noxious atmosphere, war or acts of Government (State or Federal). Force Majeure excludes hardship due to currency fluctuations and changes in market conditions or market prices.
32) Should an FME occur: this agreement is terminated from the date of the FME; the parties are released from performing any of their respective obligations under this agreement following the FME; the occurrence of the FME does not affect any of the parties' obligations arising prior to the FME; neither party will be liable for losses incurred by the other as a result of the agreement being terminated; and any payment made by a stallholder to PUM prior to the FME is non-refundable, and the stallholder is not entitled to demand a refund of monies paid.
Stall Set-up and Presentation
33) Stallholders bump-in and set up during the three hours prior to market opening time, and must be ready to trade by market opening (including VIP hour). Pack up and bump-out must be completed within two hours of market closing. Stallholders who are not set up and ready to trade by market opening forfeit their stall for that market date.
34) Stallholders must comply with the bump-in times and locations provided by PUM. Failure to do so will impact acceptance at future events.
35) Stallholders must comply with instructions provided by all market staff on the day, not just management staff.
36) PUM takes no responsibility for the weather. Please come prepared for all weather conditions. Events take place rain or shine unless there are issues of safety.
37) No stallholder is permitted to fix or adhere anything to pillars or walls. Stallholders are responsible for any damage they incur to host venues.
38) All stallholders must cover tables with floor-length tablecloths, covering all sides of tables. Boxes, bags, crates and other items not on display for sale must be kept out of sight.
39) All outdoor stallholders must provide their own gazebo. All gazebos are to be weighted down using appropriate weights prior to commencement of trade. No gazebos are permitted to be pegged into the ground at any time.
40) Stallholders without weights will not be allowed to erect their gazebo with no exceptions and no refunds.
41) Stallholders using gas or electrical appliances must have a suitable fire extinguisher or fire blanket on site. Electrical leads and equipment must be tagged and tested by a qualified tester at least every three months, in compliance with workplace laws and regulations.
42) Stallholder displays and materials must stay within their assigned stall space. Failure to comply may result in items being removed by market management for safety reasons.
43) Stallholders must supply their own complete set-up for the market, including tables and chairs.
44) Please show consideration for the safety of yourself, your team, fellow stallholders and patrons. Stallholders must clean up all breakages and spills within their stall space. For any safety concerns during the event, please contact PUM staff as soon as possible to prevent injury.
Stallholder Behaviour
45) Stallholders and their staff, at all times, are expected to deal with the public, other stallholders, market staff and market management in a professional, respectful and courteous manner. Unacceptable, uncivil or unsafe behaviour or swearing may result in the Market Manager directing the stallholder or their staff to leave the Market immediately.
46) Stallholders must not at any time insult or intimidate anyone including other stallholders, customers, visitors and staff.
47) You must not engage in any conduct which is disruptive or inconsistent with the purpose of Perth Upmarket (PUM). This includes but is not limited to online bullying, engaging in false claims in online reviews, or slander of PUM, our stallholders, our venues or our staff.
48) Stallholders should ensure that they, and their staff, do not give false, deceptive or misleading information, or make misleading claims to customers about the quality, quantity, origin or certification of goods, produce or products they are selling.
49) Stallholders must comply with instructions provided by all market staff on the day, not just management or office staff. Failure to do so may result in removal from the market.
50) Where a stallholder is involved in activities that, in the opinion of PUM, bring or will bring PUM into disrepute, discredit the market, or cause reputational damage to the market, the stallholder may be directed to leave the market. PUM has the discretion to suspend a stallholder pending any investigation being undertaken by, or about to be undertaken by, an investigative body.
Stall Operation
51) Stallholders agree to trade for the entire duration of the market event they have accepted to participate in.
52) Raffle tickets may not be sold, and competitions or giveaways may not be run, without prior written approval from PUM.
53) PUM does not permit stallholders to stand outside their stall space to distribute flyers to passing customers, due to the impact on fellow stallholders.
54) Stallholders are responsible for the area of their stall and surrounds, and must leave the area clean and tidy.
55) Boxes and cartons must be removed from the market area. Market bins must not be used for the disposal of stallholder waste or packaging materials.
56) All stallholders must be respectful and considerate of neighbouring stallholders, their spaces and any shared areas, to ensure the safety of stallholders and patrons and to maintain a courteous, friendly environment for all.
57) It is the responsibility of the stallholder to trade in accordance with Market, State and Local Council or Shire regulations.
Stall Close and Pack-Up
58) Stalls must not commence pack-up prior to the advertised closing time. This is both a safety requirement and necessary to meet PUM's advertised obligations to patrons.
59) Stallholders must pack up their stall and transport items to a designated bump-out location prior to collecting their vehicle. Failure to do so may impact future acceptance at events.
60) Stallholders must follow directions of market staff at all times to ensure safety.
61) All stallholders are responsible for the removal of their own rubbish and must leave their allocated space in the condition it was found prior to bump-in.
Regulations and Insurance
62) Proof of public liability insurance to the value of $10 million must be provided prior to the event. Failure to provide proof of current insurance may result in set-up being refused.
63) Should a stallholder not hold their own public liability insurance, insurance can be purchased for a fee per market from PUM. Please note that the PUM policy does not extend to products liability insurance, but rather public liability insurance only.
64) Stallholders who employ staff are encouraged to hold appropriate worker's compensation insurance in accordance with applicable laws and regulations. PUM takes no responsibility for any claims, costs or liabilities arising from a stallholder's failure to hold adequate worker's compensation coverage.
65) Stallholders are encouraged to consider whether product liability insurance is appropriate for their business. PUM takes no responsibility for any claims, costs or liabilities arising from products sold by stallholders at any market event, and stallholders accept full responsibility for any such claims.
66) PUM has the right to withdraw the right to trade of any stallholder in dispute with PUM or any other person. The right to trade will only be reinstated if the dispute is resolved to PUM's satisfaction.
67) PUM has the right to reject any stallholder it believes does not comply with the terms and conditions set out in this document.
Traffic Management and Parking
68) Strictly no parking or unloading is permitted on footpaths. No driving on grass or non-drop-off areas.
69) Stallholders who are permitted to drive on site to unload vehicles must drive at walking pace, as directed by market staff. Failure to do so may impact future acceptance at events.
70) Stallholders must use the bump in area allocated to them.
71) No vehicles are to be left onsite unless by prior arrangement with market management.
72) Stallholders are required to unload their market supplies at their allocated bump-in location and immediately move their vehicle to the allocated event parking.
73) Stallholders requiring assistance moving between event parking and the event, for any reason, may apply to Market Management for an exemption.
74) During Bump Out, stallholders are required to fully pack down their stall and transport goods to a bump out location, prior to getting their vehicle. Failure to do so may impact future acceptance at events.
Additional Terms for Food/Beverage Vendors
75) PUM will only allow stalls to trade if their food or beverages are produced in Council-registered food premises and appropriate certification can be produced.
76) PUM will only allow stalls to trade if they hold a valid permit to sell their food or beverage as a mobile vendor.
77) Food and beverage stallholders must be registered with the local council where the event is hosted and must pay for the appropriate council permits. Obtaining and paying for this is the stallholder's responsibility and must be completed prior to event application.
78) Where a stallholder is accepted to an event without current permits, no refund will be issued if permits are not issued and provided to PUM before the event.
79) All certificates of registration and permits must be provided as part of the application process.
80) Food and beverage vendors are required to produce a copy of their mobile food/beverage vendor's insurance.
81) Stallholders must comply with current food safety regulations and food standards, including the Australians New Zealand Food Standards Code, the WA Food Act 2008, Local Council Environmental Health Services requirements applicable where the event is held, the Country of Origin Labelling Information Standard 2016, and any other regulations applicable to their goods, produce or products.
82) All stallholders preparing food on site, particularly those using gas-powered equipment, must have an appropriate fire extinguisher and fire blanket. This also applies to stallholders cooking or heating samples for tastings, who should use a heat shield surrounding three sides of any hot plates or burners in use.
83) All stallholders using refrigeration, eskies, ice, ovens or warmers should have an appropriate thermometer on hand to monitor temperature control.
84) Stallholders must comply with any host venue conditions of trade regarding compliance according to the venue. Failure to comply will result in an acceptance to an event being withdrawn.
Privacy and Data
85) PUM collects personal and business information from stallholders for the sole purpose of operating and administering its events and related business activities, in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
86) Stallholder information will not be shared with, sold to, or used by any third party for commercial purposes.
87) Where a member of the public requests the contact details of a stallholder, PUM will only provide information that is already publicly available. Where contact details are not publicly available, PUM will pass the member of the public's details directly to the relevant stallholder, so that the stallholder can make contact at their own discretion.
88) Stallholders have the right to request access to the personal information PUM holds about them, or to request that inaccurate information be corrected, by contacting PUM in writing via e-mail.
89) PUM takes reasonable steps to protect stallholder information from misuse, interference, loss, and unauthorised access, modification or disclosure.
Sale of Business
90) Any stallholder who plans to sell a business that is operating at the Market must inform PUM in writing. The prospective buyer's suitability, and whether they meet the market's criteria, will be assessed by the Market Manager and remains at the Market Manager's discretion.
91) It is preferred that the outgoing stallholder continue trading at the market until the incoming stallholder is ready to trade; otherwise, the outgoing stallholder may need to continue paying the full stall fee until the incoming stallholder commences trading.
92) The outgoing stallholder should inform the incoming stallholder of the Market's requirements in relation to insurance, licences and permits, and should ensure the incoming stallholder is familiar with PUM's terms and conditions and application process.
Use of Artificial Intelligence (AI)
93) Perth Upmarket (PUM) does not accept applications from people who create art or products using AI. Products that are designed or generated, in whole or in part, using AI are not eligible for sale at PUM events.
94) Applications that include AI-generated imagery, including product photos, mock-ups, renders, artwork and logos, will not be considered.
95) PUM may review an applicant’s or stallholder’s website and social media accounts. Where PUM finds a heavy presence of AI-generated content, this may affect the acceptance of the application.
96) Stallholders must not use AI tools to make false, misleading or deceptive claims about the quality, quantity, origin, materials or certification of their products.
97) Products that are designed or generated by AI — for example, AI-generated artwork applied to a manufactured item — are not eligible for sale at PUM events.
98) A stallholder found to be in breach of this section may be removed from the market and excluded from future events at PUM’s discretion.
Other
99) Any complaints are to be directed to PUM in writing via e-mail, unless the matter is urgent in nature. PUM aims to acknowledge complaints within five (5) business days.
100) Stallholders and their staff are asked to refrain from playing music or other audio from any device before or during the market, out of respect for residents living near the market and to remain consistent with performing rights and APRA requirements.
101) Images captured at PUM events, including images of stallholders and stallholder products, may be used by PUM as promotional material for media and publicity purposes, both online and in print. By applying to be a stallholder, you agree to images of yourself, your stall and your products being captured and used by PUM for promotional purposes. Stallholders who do not wish to have personal images of themselves used in PUM marketing may submit a written request to PUM, and this preference will be respected.
102) Images supplied by stallholders to PUM may be used as promotional material by PUM for media and publicity purposes. By supplying images, you confirm that the images are yours, or that you hold an approved photographer's agreement for their use. If permission was not sought, any fees or royalties incurred for use of the image will be invoiced to the relevant stallholder.
103) Stallholders are welcome to photograph and film their own stall and products during events for their own marketing and social media. Stallholders must be respectful of neighbouring stallholders and must not photograph or film other stallholders' products, displays or materials without their express permission. PUM takes no responsibility for any intellectual property or privacy disputes arising from unauthorised photography or videography between stallholders.
104) Stallholders may have children accompany them at their stall during trading hours, provided the stallholder accepts full responsibility for the safety and supervision of any children in their care at all times. Children are not permitted at stalls where food or beverages are being prepared or cooked on site. During bump-in and bump-out, children must remain supervised and must not move freely around the market area, as this poses a safety risk to themselves and others. PUM accepts no responsibility for the safety or wellbeing of children accompanying stallholders at PUM events.
105) Alcohol and drug consumption is strictly prohibited by stallholders for the duration of the market. No smoking is permitted within a stallholder's stall, and all smokers must adhere to smoking locations allocated by host venues.
106) Due to the variety of venue restrictions and rules, stallholders are prohibited from bringing pets, with the exception of service animals.
Limitation of Liability
107) PUM is not liable for any damage, loss or harm that stallholders, or anyone working with stallholders, may encounter as a result of participation in the markets, including physical, psychological and economic harm. PUM is not responsible for any claims, actions, demands or suits that stallholders may face as a result of their conduct.
108) Where disputes occur between participating stallholders in relation to any matter, including but not limited to Intellectual Property rights, PUM will not be directly involved under any circumstances. We kindly request that any such disputes be resolved offline, outside of market hours, and without the involvement of other stallholders, venue staff or PUM management. PUM is not responsible for the maintenance of copyright or Intellectual Property rights of any of our stallholders at any time.
109) While all care is given where possible, PUM is indemnified from any theft, loss or damage to persons, money or goods as a result of participating in the markets.
110) Stallholders will indemnify PUM from any damage, expenses or liability arising from any injury or damage to any person, including the general public, the stallholder or others, occurring in the space occupied by the stallholder, or elsewhere, arising out of or connected with that occupancy. PUM will not be liable for any loss or damage to a stallholder's property due to fire, robbery, accidents or any other cause arising from use and occupancy of the site. PUM assumes no liability for any damages or losses resulting from a stallholder's failure to comply with the provisions of this agreement, and will not be responsible where a current insurance Certificate of Currency has not been forwarded as required.
111) Stallholders found in breach of any of the terms and conditions outlined within this document risk exclusion from events, determined at the discretion of PUM.