RGYC has appointed Fiesta Events to exercise its rights and/or perform any of its obligations under the Agreement. The Catering Vendor will comply with all directions and requirements (pursuant to and in accordance with the Agreement) of Fiesta Events as if it were a direction or requirement of RGYC.
3. Submission of Application.The Applicant will complete all details required on the Application and submit it to Fiesta Events. The Applicant will include on the Application Form 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 Catering Vendor security bond payment upon submission of the Application Form in accordance with Clause 5. Fiesta Events reserves the right to not accept applications which are lodged without security bond payment.
Acceptance of applications will be notified in writing by Fiesta Events or its personnel and will be at the sole discretion of RGYC. Fiesta Events may impose such conditions on acceptance as it sees fit.
A binding agreement between Fiesta Events and the Catering 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 Fiesta Events from time to time, and any other terms, conditions, rights, benefits and obligations expressly provided in the aforementioned notice of acceptance (Agreement). Fiesta Events 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 supercedes all prior agreements and understandings between the parties in connection with its subject matter.
Upon acceptance of the application by Fiesta Events, Fiesta Events will, at its sole discretion, allot an Allocated Site to the Applicant. Fiesta Events 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 Catering Vendor Fee in accordance with Clause 5 Fiesta Events 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 Form (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 Catering Vendor Fee has been paid in full. The Catering Vendor shall procure at its sole expense, all necessary permits and approvals required for its participation at the Event.
6. Catering Vendor Fees and cancellation.The Applicant will pay the Catering Vendor Fee upon submission of the Application Form. Payments will be made out to Safi Corporation Pty Ltd, as per the Application Form.
If the Catering Vendor wishes to cancel the Agreement prior to Friday 5 December 2014, Fiesta Events will refund all monies paid to it. If cancellation takes place less than after Friday 5 December 2014, Fiesta Events will not refund the Catering 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 Catering Vendor on the application form, without prior approval of Fiesta Events (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 RGYC's or the Event'sofficial sponsors. Exhibitors are advised to discuss this with the Fiesta Events before booking
9. Construction, operation, dismantling and removal of property.The Catering 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 RGYC on the application form. Subject to the compliance with Clause 5 the Catering Vendor will be allowed access to the Allocated Site, Event and the Site on the morning of Thursday 23th January 2015 to prepare the Allocated Site, and must remove all products, equipment and other property from the Allocated Site, Event and Site by no earlier than 5:00 pm or later than 11:00 pm on Monday 26th January 2015.
10. Reinstate Site.The Catering 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 Fiesta Events. In the event that the Allocated Site is not cleared and reinstated as said the Catering Vendor will reimburse Fiesta Events for any costs incurred by it in clearing and reinstating the Allocated Site.
11. Operation of Allocated Site.The Catering 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 10:00 am on Saturday 24th January 2015. The operating hours for Catering Vendors at the Event will be 10:00 am to 9:00 pm Saturday 25th January 2015, 10:00 am to 9:00 pm Sunday 26th January 2015, 10:00 am to 9:00 pm Monday 28th January 2015. Use of amplifiers or loudspeakers of any form are not permitted.
At all times during the Event the Catering Vendor will at its own cost:
The Catering Vendor will comply with the requirements of EcoRecycle Victoria’s publication titled “Waste Wise Events”.
All refuse produced by the Catering Vendor will be placed in rubbish bins provided by RGYC.
All catering Vendors selling packaged beverages are required to use plastic bottles and Cans NO glass.
The Catering Vendor will comply and will procure that its Personnel comply with:
a) all directions given by or requirements of Fiesta Events or its authorized representatives or agents on its behalf.The Catering Vendor shall ensure that the delivery of all plant, equipment, materials and supplies required by the Catering Vendor during the Event occurs on each day at least one hour before advertised opening time. If the Catering Vendor considers it necessary to bring additional supplies into the Site outside these hours, the Catering Vendor must first obtain the consent of Fiesta Events.
15. Damage to property.The Catering 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 Catering Vendor will immediately notify Fiesta Events of any such loss or damage and will, unless otherwise notified by Fiesta Events, 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 Catering Vendor acknowledges that the Catering Vendor will have no promotional or advertising rights in respect of or relating to the Event, unless prior approved by Fiesta Events.
17. Indemnity.The Catering Vendor will indemnify and keep indemnified and hold harmless RGYC, Council, the Crown, Fiesta Events, 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 of RGYC, Council, the Crown, Fiesta Events or their representatives or agents.
18. Insurance.The Catering Vendor will for no less than the period from January 22 to January 27, 2015 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 Catering Vendor must:
a) arrange all necessary insurance with respect to its employees under the provisions of the relevant workers compensation legislation;The Catering Vendor will, within one week of effecting the insurance policies and no later than January 15 2015, produce the policies of insurance effected for the purpose of complying with these obligations to Fiesta Events and will, upon the request of Fiesta Events, 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 Catering 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 heldand shall be solely responsible for observing and complying with the same and for obtaining all consents, approvals, authorities, licences and the like as may berequisite to its participation in the Event. This includes any rules, terms or conditions which are set by Fiesta Events. The Catering Vendor will upon request produce copies of any required consents, approvals, authorities, licences.
20. Termination.If for any reason RGYC does not conduct the Event, on written notice by Fiesta Events the Agreement will terminate and RGYC will refund to the Catering Vendor all monies paid pursuant to the Agreement. On receipt of those monies RGYC will thereby be released and discharged by the Catering Vendor and its personnel from all claims and damages of any kind.
Subject to the rights of Fiesta Events to alter aspects of the Allocated Site pursuant to Clause 3, if through no fault of the Catering Vendor, Fiesta Events is unable to supply to the Catering Vendor a substantial part of the Allocated Site and services contemplated by the Agreement, Fiesta Events will in relation to that portion of the Allocated Site or services not supplied, refund part of the Catering Vendor Fee paid to the Catering Vendor (the amount to be at Fiesta Events absolute discretion). Upon receipt of those monies, Fiesta Events will thereby be released and discharged by the Catering Vendor and its personnel from all claims and damages of any kind.
Fiesta Events reserves the right to cancel the Agreement by notice served to the Catering Vendor, in the event of any occurrence or happening relating to a Catering Vendor which in the opinion of Fiesta Events justifies it in doing so, including a breach of any of these Terms and Conditions. In these circumstances Fiesta Events will not be liable to pay the Catering Vendor any form of compensation whatsoever.
Fiesta Events reserves the right to advise the Catering 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, Fiesta Events and its representatives will not be in any way liable to the Catering 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 Catering Vendor will not make any claim against Fiesta Events C in this regard.
22. Assignment.The Catering Vendor will not be entitled to assign or sub-let all or part of the Allocated Site without the prior written consent of Fiesta Events.
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 Fiesta Events.
All walkways must remain clear. Any tripping hazards must be removed prior to opening. Any instruction by Fiesta Events staff to remove a potential hazard must be adhered to. Protective barricades must be erected around cooking equipment.
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.
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)
Any gas bottles must be current (no older than 10 years).
Gas safety audit will be conducted on the day.
Industrial waste bins for your rubbish will be provided. Please do not use the public litter bins located around the event. You are obliged to keep your work areas and surrounds clean and tidy throughout the event.
All accidents and emergency incidents must be reported to Fiesta Events staff and documented appropriately. On arrival please make yourself aware of first aid area and officer.
For patron safety we request no use of glass for food service.
‘Food Handling certificate’ held by all food and beverage stall holders
Any cooking on charcoal or solid fuel must be preapproved by event manager.
All catering operators engaged by Fiesta Events 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.
The catering 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 Fiesta Events & Catering events, and those participants will not be entitled to any fee for such use.
Catering operators must operate during event times specified in contract unless otherwise agreed to with Fiesta Events.