1. Interpretation Definitions.
Allocated Site means the space at the Event allotted to the Applicant in accordance with Clause 4.
Applicant means a person or organization wishing to participate in the event.
Application means the online registration form and the online application and information which include the Vendor Terms and Conditions in respect of the Event.
Event Owner City of Greater Bendigo
Event means the “Bendigo Easter Festival 2016” to be held in Bendigo on Thursday 24th to Sunday 27th of March, 2016 inclusive.
Bump In Date & Times To be confirmed with each vendor
Bump Out Date & Times To be confirmed with each vendor
Personnel of a party mean that party’s employees, agents, directors, officers, contractors and consultants or any of them.
Event Managers means Safi Corporation Pty Ltd T/A Fiesta Events & Catering (ABN 33 177 965 359) of 2/1488 Sydney Road Campbellfield VIC 3061, in the capacity as agents of the Event Owner.
Site means any lands, places and buildings where the Event will be conducted.
Vendor means any Applicant granted a right to participate in the Event in accordance with Clause 4.
Vendor Fee means the fee required to be paid by the Applicant for an Allocated Site at the Event, as set out in the Application.
2. Representatives of the event.
The Event has appointed the Event Managers to exercise its rights and/or perform any of its obligations under the Agreement. The Vendor will comply with all directions and requirements (pursuant to and in accordance with the Agreement) of the Event Managers as if it were a direction or requirement of the Event.
3. Submission of Application.
The Applicant will complete all details required on the Application and submit it to Event Managers. The Applicant will include on the Application details of all merchandise and advertising material proposed to be displayed, given away, sold and/or offered for sale from its proposed exhibit.
The Applicant will also pay the Vendor security bond payment upon submission of the Application in accordance with Clause 5. Event Managers reserves the right to not accept applications which are lodged without security bond payment.
4. Acceptance of Application and Allotment of Allocated Site.
Acceptance of applications will be notified in writing by Event Managers or its Personnel and will be is sole discretion. Event Managers may impose such conditions on acceptance as it sees fit.
A binding agreement between Event Managers and the Vendor for use of the Allocated Site at the Event comes into effect on the date of notice of acceptance of the Applicant's Application. The Agreement consists of these Terms and Conditions as varied by Event Managers from time to time, and any other terms, conditions, rights, benefits and obligations expressly provided in the aforementioned notice of acceptance (Agreement). Event Managers reserves the right to alter or add to these Terms and Conditions at any time without notice.
The Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings between the parties in connection with its subject matter.
Upon acceptance of the Application by the Event Managers, the Event Managers will, at its sole discretion, allot an Allocated Site to the Applicant. The Event Managers reserves the right at any time in its absolute discretion to alter the size, shape or position of the Allocated Site allotted to the Applicant.
5. Right to Participate.
Upon notification of acceptance of the Application and payment by the Applicant of the Vendor Fee in accordance with Clause 5 the Event Managers will grant the Applicant the right to participate in the Event in accordance the Agreement and will provide the benefits set out in the Application (as varied by the notice or acceptance or otherwise in accordance with Clause 3). The Applicant will not be permitted to enter or occupy the Allocated Site unless and until the Vendor Fee has been paid in full. The Vendor shall procure at its sole expense, all necessary permits and approvals required for its participation at the Event.
6. Vendor Fees and cancellation.
The Applicant will pay the Vendor Fee upon acceptance of the Application. Payments will be made out to the Event Managers, as per the Application.
If the Vendor wishes to cancel the Agreement two Month prior to the event start date, the Event Managers will refund all monies paid to it. If cancellation takes place within and inclusive of two Month of the event start date, the Event Managers will not refund the Vendor Fee.
7. Retailing of merchandise and distribution of advertising materials.
No merchandise or advertising material may be displayed, given away, distributed, sold and/or offered for sale from the Allocated Site, the Event or the Site, outside of those items identified by the Vendor on the Application, without prior approval of the Event Managers (in its absolute discretion).
8. Restrictions.
Exhibitors will not be permitted to display, give away, sell, advertise or otherwise promote products or services at the Event that conflict with the Event's official sponsors. Exhibitors are advised to discuss this with the Event Managers before booking
9. Construction, operation, dismantling and removal of property.
The Vendor will be responsible for the construction, operation, dismantling and total removal of all products, equipment and other property in respect of the Allocated Site, including all costs associated therewith except for items specified as being supplied by on the Application. Subject to the compliance with Clause 5 the Vendor will be allowed access to the Allocated Site, Event and the Site within Bump In Date & Times to prepare the Allocated Site, and must remove all products, equipment and other property from the Allocated Site, Event and Site within Bump Out Date & Times.
10. Reinstate Site.
The Vendor will be responsible for the condition of the Allocated Site and upon the close of the Event will clear and reinstate the Allocated Site to the satisfaction of the Event Managers. In the Event that the Allocated Site is not cleared and reinstated as said the Vendor will reimburse the Event Managers for any costs incurred by it in clearing and reinstating the Allocated Site.
11. Operation of Allocated Site.
The Vendor will ensure that the Allocated Site and all displays, products and other equipment are in complete readiness to be opened to the public by the trading times stipulated in the Application. Use of amplifiers or loudspeakers of any form are not permitted.
At all times during the Event the Vendor will at its own cost:
(a) during the operating hours of the Event, keep the Allocated Site open and properly staffed by competent representatives;
(b) maintain the Allocated Site in a clean and tidy condition;
(c) conduct any business and other activities only from the allotted Allocated Site and keep passageways in front or at the side of the Allocated Site free of obstructions;
(d) ensure all fire equipment is fully visible and accessible
12. Rubbish / Cleanliness.
(a) The Vendor will comply with the requirements of EcoRecycle Victoria’s publication titled “Waste Wise Events”.
(b) All refuse produced by the Vendor will be placed in rubbish bins provided by the Event. Please do not use the public litter bins located around the event.
(c) Cleaning and waste removal is included, however if the Vendor site is left in an unacceptable state, additional cleaning chargers will be deducted from your bond. (d) The Vendor will keep all work areas and surrounds clean and tidy throughout the event.
(e) Please ensure black nonslip mats are used where required. A pre event inspection will take place with the Event Managers to confirm that these are in the correct position.
13. Compliance with laws and regulations.
The Vendor will comply and will procure that its Personnel comply with:
a) all directions given by or requirements of the Event Managers or its authorized representatives or agents on its behalf.
b) all requirements of any authorities having jurisdiction over the activities of the Event Managers or the use and occupancy of the Site;
c) all applicable laws and regulations, including any laws and regulations applicable to safety requirements for plant and machinery and other equipment; and
d) the terms and conditions of any permits, approvals and permissions issued in relation to the Event including but not limited to liquor licenses and food permits.
14. Site access and use.
The Vendor shall ensure that the delivery of all plant, equipment, materials and supplies required by the Vendor during the Event occurs on each day at least one hour before advertised opening time. If the Vendor considers it necessary to bring additional supplies into the Site outside these hours, the Vendor must first obtain the consent of the Event Managers.
15. Damage to property.
The Vendor will be solely liable for any loss or damage caused by or during the construction, establishment, operation dismantling and removal of its property or any other element of its exhibit from the Site. The Vendor will immediately notify the Event Managers of any such loss or damage and will, unless otherwise notified by the Event Managers, repair, rectify or reinstate any such loss or damage immediately upon its occurrence so that the damaged property is repaired, rectified or reinstated to its pre-existing condition.
16. Promotional and advertising rights.
The Vendor acknowledges that the Vendor will have no promotional or advertising rights in respect of or relating to the Event, unless prior approved by the Event Managers.
17. Indemnity.
The Vendor will indemnify and keep indemnified and hold harmless, the Event Owner, the local Council, the Crown, the Event, the Event Managers, their representatives and agents against all actions, costs, claims, charges, expenses and damages whatsoever which may be brought or made or claimed against them or any of them arising as a result of the staging of the Event, except where such claims are the result of any negligence the Event Owner, the local Council, the Event, the Event Managers, their representatives and agents.
18. Insurance.
The Vendor will for no less than the period starting from the two days before the Event until two days after the Event inclusive, effect all insurances required by law for its participation in the Event and all other appropriate insurances and without limiting the generality thereof the Vendor must:
a) arrange all necessary insurance with respect to its employees under the provisions of the relevant workers compensation legislation;
b) hold a current public liability policy of insurance for a sum of not less than $10 million, including cover for products liability, and noting the Event Managers as an interested party to the policy; and
c) hold comprehensive policies of insurance covering loss of or damage to any equipment and property brought into the Site by or on behalf of the Vendor which policies will be for the full replacement value of the equipment and property.
The Vendor will, within one week of effecting the insurance policies, produce the policies of insurance effected for the purpose of complying with these obligations to the Event Managers and will, upon the request of the Event Managers, produce the receipts for payment of the current premiums or such equivalent acceptable evidence of compliance with this Clause.
19. Compliance with Local Legislation and Rules.
Any Vendor who takes part in the Event must comply with the relevant legislation rules and regulations of the state/city/country where the Event is held and shall be solely responsible for observing and complying with the same and for obtaining all consents, approvals, authorities, licences and the like as may be required to its participation in the Event. This includes any rules, terms or conditions which are set by the Event Managers. The Vendor will upon request produce copies of any required consents, approvals, authorities, licences.
20. Termination.
If for any reason Event Owner does not conduct the Event, on written notice by the Event Managers the Agreement will terminate and the Event Owner will refund to the Vendor all monies paid pursuant to the Agreement. On receipt of those monies Event Owner will thereby be released and discharged by the Vendor and its personnel from all claims and damages of any kind.
Subject to the rights of the Event Managers to alter aspects of the Allocated Site pursuant to Clause 3, if through no fault of the Vendor, the Event Managers is unable to supply to the Vendor a substantial part of the Allocated Site and services contemplated by the Agreement, the Event Managers will in relation to that portion of the Allocated Site or services not supplied, refund part of the Vendor Fee paid to the Vendor (the amount to be at the Event Managers absolute discretion). Upon receipt of those monies, the Event Managers will thereby be released and discharged by the Vendor and its personnel from all claims and damages of any kind.
the Event Managers reserves the right to cancel the Agreement by notice served to the Vendor, in the event of any occurrence or happening relating to a Vendor which in the opinion of the Event Managers justifies it in doing so, including a breach of any of these Terms and Conditions. In these circumstances the Event Managers will not be liable to pay the Vendor any form of compensation whatsoever.
The Event Managers reserves the right to advise Vendor to cease trading offensive or environmentally damaging products at any time.
21. Acknowledgments.
Without limiting the foregoing and to the extent permitted by law, the Event Managers and its representatives will not be in any way liable to the Vendor, or any other person, if any attraction or feature at the Event is not provided, or is provided in an altered form, manner or size for any reason and the Vendor will not make any claim against the Event Managers in this regard.
22. Assignment.
The Vendor will not be entitled to assign or sub-let all or part of the Allocated Site without the prior written consent of the Event Managers.
23. Sales Reporting
(a) ALL food outlets Vendor must have an operational cash register. These will be audited by the Event Managers prior to the commencement of the event.
(b) All food outlets Vendor must report sales at the start and conclusion of the each day.
(c) ALL food outlets Vendor must SMS copy of the start Z read & the end Z read to 0422 635 779. (cash register Z read needs to clearly show the Date, Time, Z number, breakdown of sales & total $ sales)
(d) All retail Vendor are not required to have a cash register but must SMS daily takings to 0422 635 779.
24. Other Requirements.
(a) No Vehicles to remain within the grounds during trading times (or as stated by event management). Vehicles are not to be driven on grassed areas unless permitted by the Event Managers.
(b) All walkways must remain clear. Any tripping hazards must be removed prior to opening. Any instruction by the Event Managers staff to remove a potential hazard must be adhered to. Protective barricades must be erected around cooking equipment.
(c) All electrical items (e.g. extension cords, power boards, TVs, radios, refrigerators) must be inspected, tested and ‘tagged’ as safe by a suitable qualified person.
(d) Appropriate in test date extinguisher for gas and electrical fires, plus an in test date fire blanket, must be provided where gas and/or electrical services are being used for food services. (Fire safety audit will be conducted on the day)
(e) Any gas bottles must be current (no older than 10 years). Gas safety audit will be conducted on the day.
(g) All accidents and emergency incidents must be reported the Event Managers staff and documented appropriately. On arrival please make yourself aware of first aid area and officer.
(h) For patron safety we request no use of glass or cans for food service.
All Vendors selling packaged beverages are required to use plastic bottles NO Cans and NO glass.
(i) ‘Food handling certificate’ held by all food and beverage stall holders
(j) Any cooking on charcoal or solid fuel must be preapproved by event manager.
(k) All Vendors engaged by the Event Managers must conform to the requirements of the Occupational Health and Safety Act (Victoria) 2004, Local Government Act and any Local-Laws, or Regulation made there under and shall be liable for any breach of such Acts, Local Laws, or Regulations. All other Acts, Statutory Rules, Provisions and Regulation of the Commonwealth of Australia or State of Victoria, for the time being in force shall be complied with.
(l) The Vendor agrees that their image and/or voice as recorded, photographed or filmed during the event may be broadcast or published by the promoter in any media. This includes but is not limited to: TV, Radio, Internet, Magazine, or any other advertising in connection with this event and any future the Event Managers events, and those participants will not be entitled to any fee for such use.
(m) Vendors must operate during event times specified in contract unless otherwise agreed to with the Event Managers.
(n) All beverage rights for this event are through the Fiesta Events and Catering. The contact details of the contracted supplier will be advised in a separate appendix. Under NO circumstances are vendors to sell any other then the contracted supplier beverage products.
(o) All site dimensions as confirmed and outlined herewith must be accurate. Penalties will apply to incorrect site dimensions.
(p) All Contractors MUST be onsite to authorize and sign for all deliveries. i.e. stock / equipment.
(q) All contracted vendors are required to bump in on Thursday 24th of March 2016 the and early Friday 25th of March 2016 the and bump out post event on Sunday the 27th of March 2016. During the bump in & bump out process ALL contractors MUST adhere to the all OH&S requirements and ensure all staff are clothed in High Visibility vests / tops.