(In this document, the masculine includes the female equivalent and is used for the purpose of lightening the text.)
The Shediac Market is a place where farmers, producers, entrepreneurs and artists in Southeastern New Brunswick have the priority of providing consumers with fresh produce that is either produced, raised, processed or created in the area. The main objectives of the Shediac Market are:
1.1. Offer the population local products;
1.2. Create a pleasant and lively social environment to ensure that citizens make their visit to the Shediac Market a weekly habit.
1.3. Provide Southeast New Brunswick agricultural producers, entrepreneurs and artisans with the opportunity to get the best possible price for their products by dealing directly with consumers;
1.4. Highlight the attractiveness and fame of Shediac
1.5. Promote good environmental and sustainable development practices.
In these Terms and Conditions:
2.1. The Shediac Market includes its manager, employees, volunteers and managers. The Manager has the license or authorization to control, manage and regulate the Market which includes the authorization to grant or refuse the consent allowing a person or legal entity to attend, occupy or undertake a commercial activity at a market stall.
2.2. Application is an electronic form that has been submitted by a Vendor at the time of applying to the Shediac Market for approval as a Vendor and / or consent for a commercial activity at the Market, such application to be submitted at the beginning of each season.
2.3. Authorized Products This term refers to the products and services for which the Manager has agreed to be sold by the Vendor at the Market. Such products and services must be described in the application to enable them to be sold. The Manager reserves the right to consent to a limited selection of the products and services described in the application or to revoke the consent or change the range of products and services authorized for sale on the Market at a later date for each Vendor.
2.4. Vendor is the generic term covering Artist, Artisans, Producer, Trader, Restaurateur ...
2.5. Authorized Vendor This term refers to the vendor who has received authorization from the manager, through the online application procedure, to conduct a commercial activity on the Market.
2.5.1. "Seasonal" Vendor: this vendor rents out his location for the summer season: from mid June to the end of September (all the dates of the season of the year in question).
2.5.2. "Occasional” Vendor: This vendor sells his products to the market on an occasional basis. The location of his stall and his right to sell at the Market are not guaranteed.
2.6. Pre-reservation of a stall is the process by which a start date is indicated on the application form on the website of the Market
2.7. The Shediac Market Vendor Community is the entire group of Vendors who have obtained the manager's consent to be Authorized Vendors.
2.8. Market refers to either the area designated for the purpose of carrying on the business activity or the location in Shediac that the manager manages and regulates as a market, or a place where a commercial activity may take place . The Market includes any roadway, parking area and market access or exit area.
2.9. Capital, Tent, Gazebo or Umbrella means any covered structure erected within the boundaries of the stall or otherwise.
2.10. Terms and Conditions are the rules and conditions listed on the website and Vendor Information, as updated from time to time. The Manager may amend the clauses of these Terms and Conditions or may occasionally include additional clauses, by notifying the change in the Terms and Conditions by notice on the Website. After the notification date on the website relating to changes to the Terms and Conditions, the Vendor must acknowledge these new Terms and Conditions.
2.11. Stall is the Market Area designated by the Manager for trading purposes for a Vendor. Any alternative zone can be defined by the manager and indicated to the Vendor on consent.
2.12. Stall Fees is the amount billed by the manager and payable by the Vendor in return for the opportunity provided by the manager to the Vendor to undertake a commercial activity on the Market.
2.13. To trade on the Market means to occupy a stall and to undertake a commercial activity.
2.14. Commercial activity is an activity in which products or services are marketed, sold or promoted; or an activity undertaken to promote or increase the attention to Vendors or Vendor products and / or services.
2.15. Trading Day refers to any day during which commercial activity takes place on the Market. Generally this refers to Sunday but may include other days of the week (ie holidays and special event days in Shediac).
2.16. Website means the internet address which is controlled by the manager who holds the permit or the authorization of control, management and regulation.
2.17. Primary Producer means a person or organization producing basic agricultural commodities, such as a farmer.
3. Who has the right to sell at the Shediac Market?
Authorization of the Vendor
3.1. Vendor must apply to be recognized as Vendor / Shediac Market Exhibitor. Only the manager can authorize a Vendor to sell products at the Shediac Market.
3.2. The Application Process for a space at the Shediac Market is as follows:
the Vendor completes the form found on the website of the Market. His candidacy is examined by the manager.
The manager will inform the Vendor by email.
If approved, the Vendor will be charged an administrative fee and the appropriate rate category at the discretion of the Manager (see "Fees and Expenses" section).
4. Selection criteria
4.1. Applications in good standing for a market stall are ranked according to the following criteria:
4.1.1. The date the application was received;
4.1.2. If the products offered are locally produced, raised, processed or created in Southeastern New Brunswick;
4.1.3. If the product offered is likely to improve the choice of products already offered;
4.1.4. The number of Vendors who sell similar products or the demand from customers for the products that the candidate wants to offer.
4.2. The Manager reserves the right not to grant the authorization of a Vendor to sell to the Market. The manager reserves the right not to renew the authorization from one week to the next, from one season to the next.
4.3. It is forbidden to sublease, sell or share your Vendor space or let any other Vendor use his stall.
5. Revocation of a Vendor’s authorization
The Manager has full authority to revoke the right of a Vendor to sell to the Shediac Market temporarily or permanently.
6. Shediac Market Exclusion of Liability
Vendor acknowledges and agrees that the Shediac Market does not provide any warranty or representation in connection with or in connection with the Vendor’s occupation or use of the Market.
Without restricting the generality of this clause, Vendor acknowledges and agrees that the Shediac Market does not provide any warranty on:
6.1. the prospects for the Vendors to sell the products authorized on the Market;
6.2. the Vendor’s access to the persons visiting the Market or the access of these persons to the Vendor;
6.3. the existence, number and quality of products that compete with these authorized products
6.4. the existence or extent of services and / or devices of any type on the Market;
6.5. the location that the Vendor will occupy at the Market;
6.6. the adequacy of the Contract for a specific function or the existence of any latent or manifest defect on the Market;
6.7. the manner, if any, that other Market Visitors might interfere with the Vendor’s use of the Market;
6.8. the existence or extent of any advertising or promotional or material activity that is or is not published or undertaken by the Shediac Market;
6.9. authorized products
6.10. the existence or extent of any security in the Market.
7. Shediac Market Statements
The fact that the Vendor is authorized by the Shediac Market to trade on the Market does not imply any subsequent rights of the Vendor with respect to the Market. This authorization may be terminated by the Shediac Market at any time in writing and without notice. The Shediac Market reserves the right to take the following actions without notice:
7.1. relocate a Vendor to another stall within the Market;
7.2. remove a Vendor from the Market;
7.3. require a Vendor to withdraw from sale goods or services offered that are not authorized products
7.4. deny immediate access to the market for non-payment of fees
8. Obligations and responsibilities of the Vendor
The Vendor accepts, at any time of his presence at the Market, to:
8.1. respond in a cooperative manner to any direction given by Shediac Market personnel regarding the operation and occupancy of stalls, equipment, goods and vehicles during installation and dismounting activities and any other related directives. safety, food safety and security;
8.2. to ensure that its activities do not pose a risk to the safety, health and protection of persons on the Market;
8.3. cause no damage, modification or additions of any kind,
8.4. to perform any work of any kind on the equipment supplied to the Vendor and if such damage is caused, then the costs of repair or compensation are the responsibility of the Vendor;
8.5. leave the site as it was before the stall was installed for the day and if the site is damaged, then the repair costs must be borne by the Vendor;
8.6. keep the Market and its surroundings in a clean, neat, presentable state without any waste or rubbish;
8.7. not use or operate any type of sound material without the permission of the Shediac Market;
8.8. ensure that nothing at the Market is unlawful, obscene, offensive, dangerous or otherwise harms or causes damage, disruption, hassle, injury or obstruction to any owner, occupier or user of any land or premises nearby;
8.9. do not sell fake products.
8.10. report to the Shediac Market any incident or accident that has occurred to any property or to any person who understands a loss or who may give rise to a claim;
8.11. ensure that any accident involving personal injury, or loss or damage to property within the Shediac Market that could be hazardous or risky to others, is reported directly to the Shediac Market;
8.12. leave the Market immediately after the request has been made by the Shediac Market;
8.13. not to use the Shediac Market for reasons other than displaying and selling authorized products;
8.14. not misbehave or make comments that could compromise the integrity or reputation of the Really Local Harvest or the City of Shediac
8.15 do not place or attach any product or panel to a permanent element of a building, structure, play sets or vegetation.
Vendors are responsible for:
the security of all equipment brought by the Vendor to the Market;
the safety of employees, staff, agents or representatives who may occupy the Vendor’s stall; and the cost of any repair or replacement of items belonging to the Shediac Market that have been damaged by the Vendor.
The Vendor acknowledges that the Manager may revoke the Vendor Market Trading Authorization in the event that the Vendor fails to comply with the obligations detailed above.
9. Guarantees and declarations of the Vendor
The Shediac Market authorizes the Vendor to attend the Shediac Market by relying on the following warranties and declarations and that the Vendor hereby confirms:
9.1. the Vendor is the owner of the licensed products with the full power and ability to sell the property at common law
9.2. the Vendor is responsible for obtaining all appropriate permits and permits required to operate a business and that any merchandise sold complies with the appropriate criteria in terms of safety and compliance and the applicable sales laws;
9.3. the Vendor complies with all terms and conditions set forth in these Terms and Conditions, as well as any changes to these Terms and Conditions, or any other condition or law of the Local Government Authority or applicable Canadian law.
9.4. Without limiting the generality of these terms and conditions, the Vendor acknowledges and agrees that the Shediac Market shall not be liable for any claim or loss suffered or suffered by Vendor.
9.4.1. in case of theft or damage of products, equipment or goods, at any time, also outside the Market hours;
9.4.2. if the Vendor is unable to sell his products
9.4.3. when traveling to or from the Market; or all of it
10. Authorized products
10.1. Vendors have the right to sell only products authorized by the manager. Vendors must respect decisions regarding approved, unapproved and pending products. In case of non-compliance, they may be asked to remove their products from their display the same day of the market.
10.2. A Vendor can offer for sale only authorized products.
10.3. To vary the authorized products, a Vendor must submit a new application that describes the new product (s) proposed to the Shediac Market. The Shediac Market reviews this request and notifies the Vendor in writing of the acceptance or rejection.
10.4. The Shediac Market may withdraw the authorization of a Vendor to occupy a stall in the Market if the merchandise offered for sale differs substantially from authorized products.
10.5. To ensure Market variety and a limited number of stalls for each product category at the Market, the Shediac Market reserves the right to reject applications and without necessarily having to describe by mail or otherwise explain the reasons why its decisions.
10.6. Products that can not be offered for sale or sold in the Market include branded products that are not genuine products; content elements and services intended for an "adult" audience that have no place in a public forum; elements associated with the illegal use of drugs; items that do not meet current Canadian standards; and other items occasionally mentioned to Vendors by the Shediac Market.
10.7. Organic producers
10.7.1. If a farmer promotes his farm as organic, all products sold locally must be certified by a recognized organic certification body. The seller must provide proof of certification to the Market Manager.
10.7.2. Recognized certification bodies include: Atlantic Certified Organic (ACO) Co-operative, Ecocert, ProCert Organics Inc., SAI Global Certification Service, Organic Crop Improvement Association.
10.8. Regulations for food Vendors
10.8.1. At any time, Vendors who sell food products are subject to the latest Ministry of Health regulations.
10.8.2. In order to ensure that the Market is a safe and reliable place to shop and to enhance the Market's reputation, the Manager requires food vendors to attend a food handling course offered by the Department of Health. and Wellness of New Brunswick. Participants submit to the Manager a copy of their participation, no later than one month after their first day of trading.
10.8.3. All products that require a license for preparation or a permit for sale must display it and present a copy to the Market Manager.
10.8.4. Meat products sold on the premises must be slaughtered and processed in certified facilities.
10.8.5. Any dairy product sold on the premises must meet federal and provincial requirements.
10.8.6. Unless identified as such (eg dog food), a Vendor may not expose or sell any product that is not consumable or dangerous to health at the Market. The Manager may prohibit a Vendor from selling products that are perceived as unsafe or that do not meet the Market's vision and may request the immediate withdrawal of those products.
11. Space distribution
Plot Dimensions: 10 ft x 10 ft
2ft space between each location
Vendors may rent multiple locations per multiple of 10 ft x 10 ft
12.1. Vendors must place their stalls as indicated by the Shediac Market, which has the authority to determine and modify the stall layout occasionally.
12.2. The Vendor must ensure that any commercial activity is undertaken within the limits of his stall.
12.3. The Vendor may apply to the Shediac Market for permission to use an additional space at the Market, and if the application is accepted, the Shediac Market reserves the right to charge additional stall fees based on of this added space.
13. Assigning places
13.1. Only exhibitors benefiting from the reduced rate and having reserved consecutive market days will be allocated a specific place,
13.2. A contrario: No place allocated if reservation not consecutive or if the location is paid day by day.
13.2. The Market reserves the right to change locations in the event of a substantial change in the organization.
14. Vendor Materials and Equipment
14.1. Vendors must bring their own equipment: tables, chairs and tents as well as all the necessary equipment to present and safeguard their products.
14.2. Vendors must have the necessary equipment to transport their products from their vehicle to the booth, especially around areas that are closed to traffic by the Shediac Market
15.1. Any Vendor in need of electricity will have to make the request during the application to be placed near a powered point
15.2. Vendors will need their own extension cords to connect to the power pads.
15.3. The site has 40 electrical outlets (15 amps) for all locations. Some locations do not have access to electricity. Vendors will not be able to blame this at the Shediac Market and agree to fix the situation.
15.4. Vendors requiring more power will be able to subscribe to a 220v outlet.
16.1. Vendors must pay the annual administrative fees when applying for admission, whether they are Seasonal or Occasional Vendors.
Administrative fees: $ 30 + HST
16.2. The weekly rental fee is calculated as follows:
Primary Producers: $ 25 + HST
All Vendors: $ 44 + HST
16.3. Electric outlets, weekly fee:
Per pair 110 v. : $ 10 + HST
220 v. : $ 15 + HST
16.4. Discounted rates
-0% for the first 3 Sundays
-20% for the next 4
-35% for the next 4
-40% for the next 3
16.5. Extra discount on payment
-10% if full payment of the season, during the first installation, for a minimum of 10 Sundays,
16.6. For commercial businesses that want to use the Shediac Market to advertise a product or service, the rental fee for a 10 'x 10' space is $ 150 per week. This kind of business can use the premises for up to 4 times a year. A fee of $ 100 per week will be granted if the commercial enterprise is present 4 times a year (the amount will be adjusted on the final invoice if applicable).
17.1. To benefit from the Decreasing Rate, the Vendor will have to pay for his location in advance, for the full month.
17.2. Seasonal Vendors wishing to take advantage of the 10% discount will be required to pay the full rental fee for the season upon first admission.
17.3. If the Vendor wishes to pay every Sunday, he will not be able to benefit from the Decreasing Rate or the additional discount.
17.4. Occasional Vendors will be required to pay the rental fee for the day before unpacking their merchandise.
17.5. All Vendors must pay by cheque or cash.
17.6. Payment by cheque: Cheques must be in the name of: Shediac Market
17.7. Default of payment - In the event of payment default, the Manager reserves the right to immediately terminate the Vendor’s authorization. It will not be able to access the Market.
17.8. NSF cheque fees are charged to the Vendor’s account and are subject to a $ 45 processing fee.
17.9. In case of withdrawal, for any reason, the Vendor must notify his departure at least two weeks in advance.
17.10. Seasonal Vendors will be charged for the weeks they are absent. Occasional Vendors will not be charged during their absence but their right to sell to the Market will not be guaranteed and their stall location may change.
18. Days and hours of operation
18.1. The Shediac Market is open every Sunday from mid-June to mid-September unless otherwise decided by the Manager.
18.2. The Market is open to the public from 9:00 to 14:00. Premises are available to Vendors two hours before opening and one hour after closing. Vendors must vacate within one hour after closing, ensuring that their space is clean and tidy.
18.3. All Vendors must be ready to sell 30 minutes before the opening of the customer market and remain in function until the closing time, ie 14:00, even if they have sold all their products.
19. Vehicle and traffic control
19.1. Vendors must comply with the rules of the Market Movement Plan and must comply with Shediac Market Management's instructions for movement and parking of vehicles at the Market, on public roads and in areas in the immediate vicinity of the Market. .
19.2. Vehicle traffic is completely prohibited on the paved area of the Park. Vendors along this lane will have to organize themselves to unload their vehicle outside the paved area.
19.3. When vehicles are allowed to circulate within the Market, before 8:30 am and after 2:00 pm, they must be limited to 5 km / h at all times.
19.4. Vendors must comply with local traffic regulations and General Conditions on public roads and in areas in the immediate vicinity of the Market and must not illegally park, park in traffic lanes, park in lanes access, wait in line across intersections, undertake unauthorized U-turns or other unlawful maneuvers, or otherwise obstruct traffic in the streets around the Market during regular hours. installation and disassembly
19.5. Parking of Vendor vehicles
19.5.1. Vendors must park their vehicles at the parking lot designated by the Market Manager: Parking at the Pension Building.
19.5.2. No vehicles will be allowed to park in the Market during customer hours
19.5.3. The Shediac Market may grant a dispensation to a Vendor.
19.6. Fines for non-compliance with parking rules. The first offense will be a penalty added to the site fee of $ 50; the second offense will be a penalty added to the $ 100 site fee, the third offense will be the towing of the Vendors’s vehicle.
20. Weather conditions
20.1. The Market can operate in various climatic conditions.
20.2. It is the responsibility of the Vendor to bring his own covers and other equipment to protect himself in bad weather.
20.3. If the Market continues in the event of inclement weather or inclement weather, it is up to the Vendor to choose to settle or start the trading activity or not. The Vendor must inform the site Manager of his intention not to trade, however there will be no refund or credit for a Vendor who has decided not to trade that day because bad weather.
20.4. If bad weather occurs during trading hours, Vendors must continue trading until the usual business hours.
20.5. The Shediac Market can not be held responsible for any loss, damage or injury resulting from bad weather or because of decisions made regarding the continuation of trade during these adverse weather conditions.
21. Signage and labeling
21.1. Vendors may not post or advertise other than advertising their own business or service unless the Vendor has received permission from the Shediac Market to post such advertising.
21.2. All stalls must be identified by a sign, ideally bilingual, appropriate, clear and legible which indicates the name of the business and its place of origin.
21.3. The signage of a Vendor is limited to his individual stall and must be placed so as not to impede the regular flow of customers, including obstructing the passages and aisles of the Market.
21.4. During Market hours, the prices charged for the products must be clearly indicated. The prices must be legible and displayed in the sight of customers.
21.5. Vendors must identify the origin of the products offered and whether they result from production, breeding, processing or creation. (if possible, with local ingredients identified). In the case of southeastern NB products, this can be done by using the word "local" in the appropriate places, for example, on the price tag, price list, custom pantyhose or radius section.
22.1. It is the responsibility of the Vendor to ensure that all equipment brought or used at the Shediac Market is safely installed, operates without risk of danger and has been ballasted against high winds before commencing work. to any trade.
22.2. All equipment equipment, including displays, tables, equipment, signs, etc. must be placed within the boundaries of the stall site. Public access routes must remain clear at all times and Vendors must cooperate with the Shediac Market to ensure that the appropriate passage remains accessible to pedestrian traffic.
23. A workplace where respect is required
23.1. The Market is a place where cooperation is required: the Manager does not tolerate any physical or verbal violence, nor any form of intimidation. Each Vendor must promote the Shediac Market, work to maintain good relations between Vendors, the public, representatives and employees of the City of Shediac, as well as the Manager's staff.
23.2. Each Vendor must have a well-kept appearance; clothing must be clean and adapted to the needs of the Market. Products, cooking or any form of activity that creates unpleasant odors must be ventilated to the outside.
23.3. The professional image of the Market and the Vendors is enhanced when one avoids strolling at the front and the back of the sales counters. Only Vendors should be behind the counter.
24. Revocation of a Vendor’s authorization
The Manager reserves the right to withdraw the authorization of a Vendor to trade in the Market, to withdraw or to withdraw from the Market, a Vendor who is in breach of or fails to comply with the Terms and Conditions, including when 'a Vendor:
fails to pay stall fees on time;
does not respect the conditions of installation and disassembly;
does not respect the market hours of the Market
does not respect the conditions of the circulation plan of the Market;
does not limit its range of products offered for sale to authorized products;
harms the reputation of the Market or the City of Shediac;
commits an indictable offense in the Market; or behaves in a manner that the Shediac Market considers inappropriate or that could damage the reputation of the Shediac Market.
25.1. If a Seasonal Vendor does not show up for two cumulative Market days without a just cause, the Manager has the power to revoke its right to sell to the Shediac Market. If this is the case, his space will be designated to another potential Vendor. Just Cause: death, illness (doctor's paper) or unforeseen major that the Manager will judge valid.
25.2. If an Occasional Vendor is absent without reason, the Market Manager will remove their license and / or privileges.
26. Waste management
26.1. Upon leaving the premises, Vendors are required to remove from the Market all garbage, waste, rubbish and other residual dirt that the Vendor has brought to the Market or produced at the Market.
26.2. Market bins designed to collect waste from the general public are not available to Vendors for their waste or packaging materials.
26.3. At the end of a trading day, the Vendor must clean his site and make sure that it is clean.
26.4. The first offense will be a penalty added to the site fee of $ 50; the second offense will be a penalty added to the $ 100 stall fee, the third offense will be the termination of the right to trade.
27. Special conditions
27.1. A Vendor whose stall contains equipment that may present a hazard or dangerous equipment is required to comply with government regulations. The Vendor must ensure at all times that the equipment is placed, maintained and operated in a manner that does not endanger the customer. Any instructions from the Market Manager regarding the placement, maintenance and operation of this equipment must be followed or the Vendor must remove such equipment. All Vendors who have flammable items in their stalls must have permission from the Manager and must have at their fingertips, at all times, an appropriate fire extinguisher.
27.2. Each Vendor must collect and pay the appropriate sales taxes.
27.3. Any unauthorized solicitation or canvassing is not permitted, either inside or outside the Market, which includes parking and Market entrances.
27.4. Exceptionally, one or more sections of this by-law may be suspended by the Manager for reasons of compassion or common sense.
28. Market Advisory Committee
28.1. The Shediac Market Committee is an advisory committee whose purpose is to make recommendations regarding the management of the Shediac Market and its staff.
28.2. The Committee is composed of 7 members, 3 members appointed by the City of Shediac, 3 members designated by the Really Local Harvest (RLH) and 1 employee of the RLH.