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).
“Application” means the application to exhibit with The Finders Keepers.
“We/us/our” refers to Cedar Mill Markets Pty Ltd, trading as The Finders Keepers Markets.
“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.
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.
The Art of Dining Melbourne
Saturday: 10am - 5pm (5-7pm extended hours for courtyard)
Sunday: 10am - 5pm
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.
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:
Creativity and originality;
Presentation and professionalism of Your finished products and services;
Commitment to independent Australian design;
Uniqueness in the Australian marketplace;
Appropriateness, suitability and viability for selling at our markets.
You must be an Australian business and/or resident to apply. We do not accept applications from:
International designers; or
Australian businesses acting as agents for international designers.
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.
Once your Stall application for Multi-Day Markets has been approved, you must log in to your account and accept the offer by clicking the Accept button. At this point, a 20% deposit (Deposit) will be required.
You must accept the offer within 7 days of being notified that your Stall application has been approved. Note: waitlist positions may require a faster response.
You have the option to either pay the full invoice immediately or pay just the 20% Deposit. If you pay only the Deposit, the remaining 80% of the Stall fee must be paid within 14 days of accepting the offer.
Alternatively, you may choose a payment plan, which allows the remaining 80% to be paid in four weekly instalments via direct deposit. The full amount must be paid by the invoice due date. Any other payment arrangements or extensions are at the discretion of The Finders Keepers, and standard cancellation terms will still apply (see Section 5: Cancellation).
All Stall fees must be paid by credit card or direct deposit only.
Failure to pay within the specified timeframe (14 days or 28 days if on a payment plan) may result in the cancellation of your approved application and/or affect your eligibility to hold a Stall at any future markets.
Please note: Stall fees do not include power or furniture such as tables, racks, or chairs. These items may be hired separately from The Finders Keepers.
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 your stall fees have not been paid you will still be liable to pay any outstanding amount.
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.
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 ou prior to the commencement of the market.
Any additional Stall display furniture, signage and/or equipment that You provide yourself must 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.
Cancellations of hired items before 8 weeks out from the event can expect a full refund of hired items only.
Cancellations of hired items less than 8 weeks out from a market are non-refundable
We encourage You to bring the following items to the market which we will not supply to You:
Display and promotional materials - including business cards and means of contact
Your own credit card or EFTPOS facilities (such as Square) should you have them; and
Packaging and if applicable, carry bags for customers to take their products home in.
High visibility vests (Hi Vis) are compulsory for all stallholders, staff and guests assisting with bump-in and bump-out as a venue security related matter.
Closed toe shoes must also be worn during bump-in and bump-out for your safety.
Please note that pets are not permitted.
We do not provide credit card or EFTPOS facilities for individual Stallholders. You must provide these facilities yourselves. Cash is allowed at Your discretion.
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.
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.
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.
Visitors and customers of The Finders Keepers Markets as well as those of the Royal Exhibition Building, Seaworks, Torrens Parade Ground & Carriageworks 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:
Ask you to leave The Finders Keepers Markets early;
Require you to pay for any damage or cleaning costs; and/or refuse any applications for stalls at markets in the future.
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.
You warrant that You are liable to pay for and indemnify us against:
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.
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.
Use of AI in images:
Please note that The Finders Keepers does not accept or use AI-generated images in any part of our marketing or communications.
While we understand that AI-generated visuals can be useful for illustrating stall layouts or display concepts, they don’t accurately depict your products or brand.
Our community values authenticity, creativity, and craftsmanship; these are qualities that make our markets truly special. Submitting genuine, high-quality photos of your products and lifestyle shots helps us build trust with our audience and shows your brand in the best possible light.
You warrant that all products sold in Your Stall and (where applicable) related promotional materials:
Comply with relevant safety laws and regulations, including but not limited to, occupational health and safety laws and any guidelines, rules and regulations which are specific to the venue which may change from time to time and in any event, comply with the terms of the Stallholder’s Manual;
Do not infringe any third-party rights including Intellectual Property Rights; and
Do not contain material which is abusive, defamatory, hateful, discriminatory, racist, sexist, offensive, misleading or deceptive or is otherwise unlawful in any manner;
Comply with any legal requirements in relation to the sale of cosmetics, including mandatory standards for cosmetic ingredient labelling; and
Comply with any law and regulations in relation to the preparation and service of food and beverages.
Further, You are responsible for obtaining any relevant permits, certificates or other qualifications to operate Your Stall and sell products.
Set up times will be allocated by us and will usually be on the Thursday or Friday on the day before or 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.
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.
The health and safety of all patrons, staff and exhibitors are of paramount importance. Therefore, You must ensure that You:
Pay constant attention to the aesthetic appearance of your Stall area;
Store all products, furniture, signs and equipment safely within Your Stall area and generally ensure that You do not have trip and fall hazards that could cause anyone to suffer an accident;
Keep all of Your items and boxes out of the walkway around Your Stall area, ensure that Your exhibits are well constructed and safe and otherwise contain all equipment that may result in a person tripping, slipping or falling;
Clean up any spills, breakage or otherwise immediately and call an emergency service if required or an appropriate contact we have provided You with in advance;
Keep all public access ways clear;
Ensure that power boards and extension cords that You supply are tested and tagged adequately prior to arriving onsite to the market. All electrical equipment should have surge protection prior to the commencement of the market and any exposed electrical cords must be taped or covered to the floor so that they are not loose and will not be a trip hazard; and
Behave at all times in a manner that ensures that the health and safety of anyone who visits the market is not compromised.
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.
We reserve the right to cancel, postpone, relocate or alter The Finders Keepers Market/s where reasonably necessary due to circumstances beyond our reasonable control or where the event cannot be safely or practically conducted.
Such circumstances may include, but are not limited to:
severe or dangerous weather conditions (including temperatures exceeding 40°C);
fire, flooding or damage to the venue;
public health emergencies, pandemics or epidemics;
government orders, restrictions or lockdowns;
strikes or industrial disputes;
acts of terrorism, war, civil unrest or riots; or
any other event beyond our reasonable control which prevents the safe operation of the market.
Where a market is cancelled or cannot proceed due to such circumstances, we will use reasonable efforts to offer Stallholders a credit equal to the Stall fees paid which may be used for a future Finders Keepers market within the same State.
If a suitable future market is not available or the credit is not acceptable to You, we may, at our discretion, provide a full or partial refund of Stall fees paid or offer another mutually agreed alternative.
To the maximum extent permitted by law, we will not be liable for any additional costs, losses or expenses incurred by You as a result of a market cancellation, postponement or alteration.
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.
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:
Refuse to allow you to exhibit at your Stall; and
Not refund any of the Stall fees.
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable legislation.
To the maximum extent permitted by law, Cedar Mill Markets Pty Ltd trading as The Finders Keepers Markets will not be liable to You or any third party for any indirect, incidental, special or consequential loss or damage, including but not limited to loss of profit, loss of revenue, loss of opportunity or loss of goodwill arising out of or in connection with Your participation in The Finders Keepers Market/s.
Subject to the above, our total liability to You arising out of or in connection with these Terms or the market, whether in contract, tort (including negligence) or otherwise, is limited to the total Stall fees paid by You for the relevant market.
You acknowledge that participation in the market is at Your own risk and that You are responsible for taking appropriate precautions to protect Your property, products and personnel.
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.
You agree to indemnify and hold harmless Cedar Mill Markets Pty Ltd trading as The Finders Keepers Markets, including our directors, employees, agents and contractors, from and against any and all claims, actions, liabilities, damages, losses, costs or expenses (including reasonable legal costs) arising out of or in connection with:
Your participation in The Finders Keepers Market/s;
the operation or management of Your Stall;
any personal injury, death or property damage caused by You, Your staff, contractors or representatives;
the sale, supply or use of any products or services sold from Your Stall;
any breach of these Terms by You; or
any allegation that Your products, services, marketing or materials infringe the Intellectual Property Rights or other rights of any third party.
This indemnity survives the completion of the market and termination of these Terms.
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.
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.
We reserve the right, at our sole discretion, to require a Stallholder to remove any products, materials, displays or signage, or to modify the operation of their Stall, where we reasonably consider that such items or conduct:
breach these Terms;
pose a safety risk;
infringe the rights of any third party;
are misleading, offensive or inappropriate; or
are otherwise inconsistent with the purpose, standards or reputation of The Finders Keepers Market/s.
Where a Stallholder fails to comply with such directions, we may require the Stallholder to cease trading and leave the venue immediately. In such circumstances no refund of Stall fees will be provided.
The Finders Keepers name, logos, branding and associated intellectual property remain the exclusive property of Cedar Mill Markets Pty Ltd.
Stallholders may only use The Finders Keepers name or branding for the limited purpose of promoting their participation in the relevant market and must not represent themselves as partners, sponsors or official representatives of The Finders Keepers.
Stallholders must not manufacture, distribute or sell merchandise that includes The Finders Keepers name, logos or branding without our prior written consent.
You acknowledge that photography, filming and recording may occur during The Finders Keepers Market/s.
By participating in the market, You consent to the use of images, video or recordings of Your Stall, products, brand or representatives for promotional, marketing and archival purposes by The Finders Keepers without compensation.
We may collect, use and store personal information from Stallholders for the purposes of administering Applications, managing Stallholder participation and promoting The Finders Keepers Market/s.
Personal information will be handled in accordance with our Privacy Policy available on our website.
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.
