The Finders Keepers
Thank you for choosing to be a part of The Finders Keepers (we/us/our). By applying to participate in our markets you agree to be bound by these Terms and Conditions (Terms).
1. Definitions
“Application” means the application to exhibit with The Finders Keepers.
“We/us/our” refers to The Finders Keepers Markets Pty Ltd.
“You/Your” refers to You personally and Your company and (if applicable) any staff, contractors, agents or representatives that have hired a Stall at our markets (Stall) to display and sell goods;
“Stall” means a stall that you hold at our market or markets;
“Stallholder” refers to any person and/or company who has applied for a Stall at The Finders Keepers Market/s under these Terms and has been granted a Stall and includes any staff, contractors, agents or representatives that participate in Your Stall;
“Stallholder’s Manual” means the manual we provide You which sets out general guidelines about Stalls, markets and other information relating to the markets including set up and delivery procedures, preparing for the market, emergency procedures and important telephone numbers.
“The Finders Keepers Market/s” means either Multi-Day Markets, Pop-up Markets or both as the case may be.
“Multi-Day Markets” means our 3-day large-scale events that are held on Friday nights, Saturdays and Sundays.
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks (registered or unregistered), designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity.
“Confidential information” means information that is by its nature confidential but does not include information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under these terms and conditions.
2. Trading hours
The Multi-Day Markets’ set trading hours will be:
Sydney / Melbourne:
Friday: 4pm - 9pm
Saturday: 10am – 5pm
Sunday: 10am – 5pm (9-10am sensory hour, 10am open to general public)
Unless otherwise advertised.
By participating in a market as a Stallholder, you agree to be available for the whole duration of the market set out above and only trade during these times. Further, you agree that your Stall will be open and available during the time that the market’s trading hours.
3. Your application
You are required to create an account on The Finders Keepers website to submit an Application for us to consider you as a potential Stallholder. We will assess Your Application for suitability by reference to various criteria, including the level of:
You must be an Australian business and/or resident to apply. We do not accept applications from:
We reserve the right to decline any applications that we deem unsuitable at our sole discretion.
You must ensure that the content of Your application is not misleading or deceptive, defamatory or inaccurate.
If we approve your Application, we will send you an offer to log in to your account on our website and accept the offer as outlined below.
4. Deposit and Stall Fee
Once your Stall application for Multi-Day Markets has been approved by us, and you have logged in to your account and accepted the offer by clicking the accept button, you will be required to pay a 20% deposit (Deposit).
You must accept the offer within 7 days* of being notified by us that your Stall application has been approved.
You can choose to pay the full invoice or just the Deposit. If you just pay the 20% Deposit, you will have 14 days from the date of accepting the offer to pay the remaining 80% of the Stall fees.
All Stall fees must be paid via credit card or direct debit only.
Failure to pay within 14 days of accepting the offer may lead to cancellation of the approved application and/or affect Your ability to hold a Stall at any of our future markets.
The Stall fee does not include power and/or furniture such as tables, racks or chairs
for Your Stall, all of which may be hired from us separately.
*with the exception of waitlist positions which may require a faster turnaround in response.
5. Cancellation
All cancellations are subject to these terms and conditions as outlined and accepted on your contract.
If offered a position at a Finders Keepers event, you will receive an offer email. You will have 7 days from the date of that email to accept this offer. If your offer is not accepted it will be automatically withdrawn and offered to a stallholder on the wait list. To accept your offer, you will be required to pay the Deposit. This deposit is non-refundable. Any cancellations made following acceptance of the offer will forfeit the Deposit.
Should you cancel between 6 weeks and 3 weeks prior to our event, this will result in a forfeiture of 50% of the stall fees paid by the stallholder. If your stall fees have not been paid you will still be liable to pay 50%. Cancellations occurring less than three weeks prior to the first day of The Finders Keepers Markets, 100% of the stall fees are non-refundable.
If you are travelling from overseas or interstate to attend The Finders Keepers Markets and if you are unable to attend the market due to travel restrictions or otherwise and need to cancel Your attendance, then the cancellation terms set out in this clause will continue to apply. Should you choose not to comply with our cancellation terms, your future applications for stalls at the Finders Keepers will not be considered.
We do not guarantee sales performance at The Finders Keepers Markets. In the event that you have poor sales at your Stall, we will not refund you any of the Stall fees.
6. Stall furniture and rental
If You wish to hire furniture from us for use at Your Stall, it must be booked and paid for at the same time as the Stall. If You hire any furniture through us, this will be set up by us and allocated to You prior to the commencement of the market.
Any additional Stall display furniture, signage and/or equipment that You provide yourself must be approved by us prior to the commencement of the market or otherwise comply with the Terms set out in the Stallholder manual.
We reserve the right to direct a Stallholder to remove materials or otherwise be refused entry.
You agree to be solely responsible for any theft or damage to any furniture or other items that may arise, and agree to compensate us in the case of damage or theft. You acknowledge that You must return any hired items to us in the same condition as You received them in.
In the event that you change your mind and no longer require hired items through us, the following cancellation terms will be applied.
7. What to bring
We encourage You to bring the following items to the market which we will not supply to You:
Please note that pets are not permitted.
8. Credit card and EFTPOS facilities
We do not provide credit card or EFTPOS facilities for individual Stallholders. You must provide these facilities yourselves. Due to COVID-19 restrictions, direct cash exchange is prohibited.
9. Term
Stall spaces are rented on a one-off basis only. Further, the act of renting a Stall does not create any form of tenancy or secure a right or licence to hold a Stall at our markets in the future. This means that if You are successful in obtaining a Stall space in Your application, You are not guaranteed a Stall space at any future markets.
10. Non-transferrable
The right to hold a Finders Keepers Market Stall must not be transferred, sold, assigned or sublet to any other person or company without our prior written consent. In the event that we consent to Your rights to hold a Stall being transferred, sold, assigned, sublet or otherwise to any other party, You warrant that the party who is receiving these rights must agree to be bound by these Terms and You agree to assist The Finders Keepers in procuring such an agreement if required.
11. Collaborations
You are not allowed to share Your Stall with another business unless you have applied under a 'Shared Stall'.
The Finders Keepers may accept a collaboration of two or more designers. You will need to have a unique name for the collaboration stall and the stall will need to be presented as a whole rather than as two businesses in a shared space.
If You are accepted to have a collaboration stall, each of You will be jointly and severally liable for Your obligations under these terms and conditions.
12. Behaviour at the markets
Visitors and customers of The Finders Keepers Markets as well as those of the Royal Exhibition Building and The Hordern Pavilion as applicable must be treated with courtesy at all times and in accordance with fair trading practice. Stallholders must not insult or intimidate anyone including other Stallholders, customers, visitors and staff. Failure to comply may result in the immediate closure of Your Stall. You must not engage in any conduct which is disruptive or inconsistent with the purpose of The Finders Keepers market, including encouraging visitors and Stallholders to purchase or view Your goods and services at other market events or locations.
Smoking is not permitted within the market, including at any of the Stall sites or within 5 metres of any entry/exit door at the market.
During the stallholder bump in and out timeframes, stallholder safety is imperative.
It is compulsory for all stallholders, staff and those assisting inside the venue/s and in the designated loading dock to wear closed-in shoes and high visibility (fluorescent) vests.
This means shoes that fully cover, and therefore protect, your feet, and excludes footwear like sandals, thongs, or open-toe shoes of any kind.
High visibility vests (Hi Vis) must not be covered by other items of clothing and supplied to everyone no matter how long the duration of their time spent assisting.
Failure to comply with either the wearing of high-visibility and closed-in shoes will result in the refusal to be allowed onsite within the venue. These are terms and conditions applied to The Finders Keepers Markets by the venue/s we host within.
Finally, You must remove all rubbish and material from Your Stall at the close of trading.
If You do not comply with the obligations under this clause, we may:
13. Appearance of Your Stall
You must keep Your Stall clean and tidy at all times in order to maintain the high standard we impose at The Finders Keepers Markets and only use the Stall for the purposes of The Finders Keepers Market/s and display products must be displayed in a manner that does not interfere with those of other Stallholders.
14. Responsibility for damage
You warrant that You are liable to pay for and indemnify us against:
• Any damage caused by You, Your staff or Your representatives to Your allocated Stall space or to the Royal Exhibition Building, The Cutaway or The Brisbane Showgrounds (as applicable);
• Any other premises that we hold markets at; and
• Any damage or injury caused due to a Stallholder’s products not complying with any laws, regulations and standards or malfunctioning or not being fit for its purpose.
You agree that You have no right to claim any compensation against us for any loss or damage that You may suffer howsoever arising from Your involvement with our markets.
15. Products
All products sold at the market must be selected and approved by The Finders Keepers prior to being offered for sale in the market through your stallholder application. If you have additional products you would like to bring to The Finders Keepers Markets that differ from the ones you applied with, please seek prior approval from us. This must be done no later than 6 weeks prior to the market. We may, in our sole discretion approve or refuse any products that do not comply with criteria and/or curatorial requirements.
16. Warranty
You warrant that all products sold in Your Stall and (where applicable) related promotional materials:
Further, You are responsible for obtaining any relevant permits, certificates or other qualifications to operate Your Stall and sell products.
17. Stall set-up
Set up times will be allocated by us and will usually be on the Friday on the same day that the market commences and Stall positions will be allocated in advance. You agree not to change Your position within the market without our prior consent and set up only within your allocated space.
Stalls must be attended at least 30 minutes prior to the commencement of each day that the market operates.
All Stallholders will be allocated a Stall for their market in advance at our sole discretion. By accepting the offer and paying your deposit, you agree to be positioned anywhere within the venue. However, if You have a special requirement for a particular location or space, please let us know and we will use our best endeavours to take that into account.
We take a number of factors into consideration when allocating spaces including the types of products that You will be selling and special requests that you have for practical or technical reasons. Stall location requests and requirements will be considered at the time of stallholder allocations, but there is no guarantee that they will be granted.
18. Electrical Power
If You need to use electrical power for Your Stall, please notify us as soon as possible.
We cannot guarantee that electricity will be available due to venue availability and it is allocated at the direction of The Finders Keepers.
If electricity is available for Your Stall, you agree to pay us an additional amount for electricity. We will provide you with a quote for electricity which will vary depending on the outlet for Your Stall. Prices will start from $155.
It is Your responsibility to ensure that all power outlets are tested and tagged for safety prior to the commencement of the market. Due to the busy nature of the market and the demand on electrical services, we cannot guarantee that the electrician will be available on the day and therefore we strongly recommend you test and tag your items before the commencement of the markets.
If this is not completed prior to your arrival, it will need to be arranged with the Finders Keepers and electrician onsite before the electrical outlet can be plugged in. A payment of $15 per outlet will be oncharged and must be paid before the end of the market. Failure to comply may result in power being made unavailable to your stall with no refunds made for the power access.
19. Safety
The health and safety of all patrons, staff and exhibitors are of paramount importance. Therefore, You must ensure that You:
20. Parking and traffic
Load in access will be available for all Stallholders. For safety reasons, You are not permitted to drive within the market area unless you have special permission to do so, within an allocated time slot. Special directions will vary from market to market.
You are required to log in to your account on The Finders Keepers website prior to the event to review the details and instructions as to how to set up Your Stall (Bump In Plans). The Bump In Plans will be available approximately four weeks prior to the event. Please ensure that you have checked the Bump In Plans prior to the event and follow any instructions.
You will have access to load in and out on the day.
Details relating to loading and parking access will be provided to in the Bump In Plans.
Stallholders must obey all local traffic and parking regulations, not inconvenience local residents and members of the public, and respect their premises and property.
21. Market cancellation by The Finders Keepers
We usually continue to trade in wet weather. However, in the event of dangerous weather conditions (which may include the outside temperature exceeding over 40°C) we reserve the right to cancel the market.
We also reserve the right at our sole discretion, to cancel the market in the event of unforeseen venue issues which prevent the market from operating safely. Such an event may include a fire, major accident or damage to the venue. You agree that we will not be held responsible for any loss, damage or injury arising from adverse weather conditions or any other cancellation factors that are not within our control.
In that event, we will provide You with “credit” to hold a Stall at a future market within the same State.
22. COVID-19
COVID-19 has changed the way we work and interact with others.
Before You travel interstate or overseas, You should check Your local state and territory laws for travel restrictions. It is Your responsibility to decide on the risk involved with interstate or overseas travel.
If you have travelled interstate, overseas or to a hotspot around Australia, then you must inform us about it before attending the event. We, at our sole discretion, may cancel Your Stall.
If we cancel your Stall, then we may provide You with “credit” to hold a Stall at a future market within the same State or a different State. If this is not agreeable to You, then we will provide You with a full refund or another suitable option is mutually acceptable.
23. Force Majeure
For the purposes of this clause, the events beyond reasonable control include, but are not limited to, acts of terrorism, war, civil war, an act of god, strikes, lockdowns, curfews, plagues, natural disasters, riots, pandemic, epidemic, public health emergency and government restrictions on businesses, public and borders.
If we are forced to cancel The Finders Keepers Markets due to events beyond control, we will provide You with “credit” to hold at a Stall at a future market within the same or different State. If this is not agreeable with You, then we will provide You with a full refund or another suitable option is mutually acceptable.
24. Risk
You understand and agree that it is Your responsibility to take all due care and diligence to prevent injury and property damage to You or any other third party including, but not limited to, visitors to The Finders Keepers Market/s.
25. Insurance
Public Liability Insurance with a minimum of $10,000,000 for any one occurrence is compulsory for all Stallholders. Public liability insurance protects You and Your business/product against the financial risk of being found liable to a third party for injury and loss or damage of property.
We recommend that Your insurance should cover for all risks in relation to product liability, property, theft, employer liability and personal accident to staff or anyone else at the market, losses and wasted expenditure in the event of any particular Finders Keepers Market being abandoned or curtailed. This list is not exhaustive.
You agree to provide us with a copy of your certificate of currency for our records prior to the commencement of the market. If you do not provide us with a copy of your certificate of currency prior to the commencement of the market, we may, in our sole discretion:
26. Limitation of liability
You agree that we are not liable for any direct, indirect or consequential damage, loss or harm suffered by You, Your agents or Your representatives that may result from Your participation in our markets. This includes physical, psychological and economic harm.
We are not responsible for any claims, actions, demands or suits that You may face as a result of Your conduct.
27. The Finders Keepers' marketing activities
In the course of marketing and promoting The Finders Keepers Market/s, we may wish to reproduce or refer to images of You, Your brand, Your Stall or Your products. In this event, we may ask You to provide us with various materials for the promotion of Your business including images of Your trademarks, photographs of Your goods and the like (Content). By supplying us with the Content, You grant us a non-exclusive, royalty-free licence to use the Content for the agreed purpose and warrant that the Content does not include or infringe any third-party Intellectual Property Rights.
By accepting the offer, You also commit to promoting the event to Your audience alongside The Finders Keepers' marketing efforts. You commit to sharing your involvement a minimum of three times to your social media audience, along with any other relevant marketing to Your existing audience, e.g. e-newsletter; listed as an upcoming event on your website; added to your bio.
28. Indemnity
You agree to indemnify us (and our agents, contractors and employees) against any cost, expenses, loss, damage or harm suffered by us resulting from any claims, actions, demands or suits that may be made against us as a result of Your conduct including but not limited to any third-party allegations of infringement of Intellectual Property Rights against You by any third party and public liability claims relating to Your Stall.
29. Remedies
If You breach any of these Terms, we reserve the right to cancel Your booking for a Stall, reallocate Your exhibition space, require You to pay the cost of our actions and remove You from the exhibition space of the market in question.
You agree to indemnify us against any costs we incur arising from Your breach. You further agree that if You breach these Terms, You forfeit the right to any rebates, refunds or compensation arising from, amongst other things: cancellation of Stall allocation, alteration of the position of Your Stall allocation, alteration of set up time or change of size of the Stall allocated to You.
30. Dispute resolution procedure
We do not get directly involved with any disputes between Stallholders including disputes relating to the Intellectual Property Rights of others (Dispute). By participating in the markets You agree that the details of any such Disputes shall be Confidential Information for the duration of the market (with the exception of You seeking legal advice).
Further, You must endeavour to resolve any disputes through Your own independent means with the other party, whether that be a Stallholder or otherwise. To avoid any disruptions to the market, if any disputes with other Stallholders arise, we ask that You deal with these matters outside market hours. In the event of any disruption or if any Stallholders become verbally abusive to others and the circumstances are not immediately rectified after notice has been given, we reserve the right to require You to pack Your Stall and leave the premises. We are committed to encouraging creative endeavour and original products and safeguarding Intellectual Property Rights. Should a dispute arise relating to products sold at our Stalls (or related marketing material), while we will not adjudicate in relation to that dispute, we reserve the right to request that a Stallholder remove the products or items for sale which are in dispute from display and not trade with the products for the remainder of the market trading hours.
31. General
a) Interpretation
In these Terms:
1 Headings are for convenience only and do not affect interpretation.
2 Defined terms have the meaning ascribed to them;
3 A word denoting the singular number includes the plural number and vice versa.
b) Relationship of the parties
The Finders Keepers and Stallholders are independent contracting parties, and nothing in in these Terms will make either party the employee, partner, agent or legal representative of the other for any purpose whatsoever. Nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other.
c) Assignment
The rights and obligations arising under these Terms are personal to the Stallholder. The Stallholder must not assign, license, sub-license or transfer all or any part of the Stallholder rights and obligations under these Terms without the prior written consent of The Finders Keepers.
d) No implied waiver
The failure of The Finders Keepers to require performance by You of any obligation arising under these Terms will in no way affect the right of The Finders Keepers to require such performance at any later time. If The Finders Keepers waives a breach by You of any obligation arising under these terms, such waiver will not constitute a waiver of any later breach of the same or any other obligation under these Terms.
e) Severability
If any provision of these Terms is or becomes invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, the invalid provision will be severed from these Terms and the remaining Terms will remain in full force and effect.
f) Entire agreement
These Terms and the Stallholder’s Manual constitute the entire agreement between the parties with respect to its subject matter and supersedes all prior oral or written representations and agreements and the parties expressly agree that neither has relied on pre-contractual conduct or representations of the other party in entering into these Terms.
g) Variation
No alteration, modification, change or variation of any of these Terms will be binding upon either party unless in writing and signed by a duly authorised representative of each party.
h) The parties agree that these Terms are governed by the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of that State.
As of 30 November 2023
Contact details: If you have any further questions or feedback, you may Contact us at any time.
The Finders Keepers acknowledge the Traditional Custodians of country across Australia, and their connections to community, land and sea. We pay our respects to their elders past, present and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today and everyday.
