Terms and Conditions

In making this application to occupy a stall site at the 2019 CNYF I hereby agree with the ABAW & Whitehorse City Council (‘the Council’) that: The information provided in this application is true and correct. Should this application be successful, I hereby agree with the ABAW & Whitehorse City Council as follows:

1. To pay the following Fees:
a) $200 bond money per 3m x 3m site to be paid with full application fee and fully completed and signed Application Form. This bond is not refundable prior to The Festival or transferable to another applicant. The $200 bond is refundable after the end of The Festival pending an inspection of the stall site for damage and checks on waste management, refund will be paid by EFT or by post. Deductions will also apply for charges associated with tagging and testing of electrical equipment or rectification of any electrical or gas equipment to make it compliant with relevant standards; servicing and/or replacement of 4.5kg dry chemical fire extinguishers type 2A60B(E) and fire blankets; rubbish left on site after The Festival, either in or behind the stall; and any GST which is applicable to the above costs and charges.

b) $950 (including bond of $200 as stated in Clause a) for a Non-food standard stall site (inclusive of GST) per 3m x 3m site to be paid with full application fee and fully completed and signed Application Form.

c) $1,100 (including bond of $200 as stated in Clause a) for a Food standard stall site (inclusive of GST) per 3m x 3m site to be paid with full application fee and fully completed and signed Application Form.

2. There will be no refunds if the Festival is cancelled due to any reasons, including but not limited to weather and force of nature. All stalls must be fully paid before the choosing of position.

3. To observe all Council, Melbourne Fire Service, Food Act 1984, Food Safety Program, Workplace Standards, Licensing Commission requirements and other relevant Commonwealth, State and Local regulations relating to the preparation and sale of food and beverages.

4. Not to assign, underlet or otherwise part with the possession of the site at any time during the continuance of The Festival.

5. Not to permit any person under the age of sixteen (16) years to be solely responsible for the conduct of any stall site. Do not allow any person under 15 years of age to be in the stall at any operational time.

6. To take out and keep current during the term of this agreement:
a) A Public Liability and Products Liability insurance policy in a form approved by the Council, noting the Council as a Principal, insuring for a sum of not less than ten (10) million dollars the Council and the Stallholder against all actions, costs, claims, charges, expenses and damages whatsoever which may be brought or made or claimed against ABAW, the Council or Stallholder, or both arising out of or in relation to this agreement. The policy must also confirm that the insurance cover includes across liability clause extending the policy so that the words “the insured” shall be considered as applying to each party comprising the insured, as though a separate policy has been issued to each of the parties in the same manner as if that party were the only party named as the insured. Proof of this policy must be by way of a Certificate of Currency;

b) Such other policies as the Council may reasonably require. It is highly recommended that this include a policy to cover damage to the contents of the site including all fixtures and fittings against loss or damage by fire, storm and tempest, explosion, earthquake, riots, strikes, malicious damage, impact by vehicles including aircraft and other aerial devices, extraneous water including flood, burglary, and damage by burglary and accidental damage for their full reinstatement and replacement value.

7. To behave politely to all participants, workers, volunteers and stallholders involved in The Festival.

8. To ensure that the stall observes all site trading times site. Stalls MUST not commence operation until a checklist is complete and they are signed off to do so by the Site Manager. ALL trading must cease before the close of the festival – No meals or beverages are to be served thirty (30) minutes prior to closing.

9. To attend all meetings, safety briefings and environmental health presentations as required by the Council. A record of
attendance will be taken. Failure to attend will result in an application being rejected.

10. To comply with the environmental responsibility policy of The Festival and to only use recyclable or reusable packaging and / or the crockery and cutlery provided by the contracted supplier on-site, in accordance with their procedures.

11. To respect the ABAW’s security arrangements and comply with the measures put in place to ensure a safe and secure Festival for both the public and Stallholders.

12. To take all reasonable care, including respecting the rights of other Stallholders in the use of communal storage areas, including refrigerated space.

13. Not to infringe on the public space or other Stallholder’s space.

14. All food preparation (cooking and food handling activities) must be prepared inside the allocated stall. All gas bottles must be in a milk crate and placed outside of a marquee or tent – larger bottles require a secured frame and must also be outside of the marquee. Barbeques must have appropriate backing and heat panels and be positioned with ventilation. Please refer to Energy Save Victoria http://www.esv.vic.gov.au and the “Code of Practice for The Safe use of LP Gas at Public Events in Victoria” for full requirements..

15. To keep the interior and rear of the stall site clean, tidy and free of rubbish at all times, and as instructed by the Council. To comply with “Waste Management Procedures and use of bins” as outlined in information provided at the environmental health presentation.

16. To consent to the Council taking photographs of the stall site, Stallholders and staff and to authorise the Council to publish and use those photographs, in whole or in part, for advertising or marketing purposes for this and any subsequent events, and as part of the Council’s current and future general marketing and communication activities.

17. ABAW, Council and the Festival’s safety management contractor hold the right to disclose and share stallholder information with one another (including past stallholder performance / history) at their discretion.

18. To comply with decisions made by the management of The Festival, including any decisions relating to the stall site.

19. To comply with all related sections of the Fair Trading Act 1990 in the conduct of the stall site.

20. The Stallholder agrees to indemnify and keep indemnified and to hold harmless the ABAW and Council its servants and agents, from and against all actions, costs, charges, expenses and damages whatsoever which may be brought or claimed against them, arising out of or in relation to this agreement, provided that this indemnity shall not apply where such actions, costs, charges, expenses and demands have arisen due to the negligence of the ABAW and Council its servants and agents.

21. Not to alter the details listed under ‘activities involved’ as described on this application without prior knowledge and written approval from ABAW. Please Note: The food types specified on the Application for Temporary Food Act Registration must not change without prior approval from Council’s Environmental Health Unit.

22. Do not sell alcohol, offensive materials or illegal goods.

23. That the ABAW and Council may, at the organisers discretion and for any reason including, but not limited to, public safety, resolve to temporarily close part of, or the entire Festival site during the scheduled period of The Festival’s scheduled set up and operation. You hereby acknowledge the ABAW and Council’s right to take this action and hereby agree that in the event that the ABAW or Council does so then you will not seek to claim any compensation nor otherwise seek to impose any liability on the ABAW or Council of any nature whatsoever.

24. The ABAW and or Council reserves the right to, after notice and opportunity to rectify, close any stall that does not comply with the Terms and Conditions of this agreement.

25. That this document is the entire agreement between you, the ABAW, and Council and that this document supersedes any prior discussions between you, the ABAW and the Council. You acknowledge that in entering this agreement you have not relied on any representations made by the ABAW, Council or prior discussions with the Council or ABAW.

26. All Stalls are required to comply with the Site Health and Safety regulations. Independent Event Public Safety Officers, Council’s Environmental Health Officers and representatives from ABAW will inspect the festival stalls. Where there are serious non-compliance issues identified under the Food Act Council’s Environmental Health Officers may seize all foods and or close the stall. In addition, $200 bond will be seized by ABAW.
Failure to comply with any of these terms and conditions will result in the Stall Holder being rejected from submitting an Application in future festivals.

27. ABAW holds the right to reject an application at its own discretion.