Terms and Conditions

Gladstone Multicultural Association Incorporated

Definitions

“Agreement” means the Stall Holder Application/Agreement Form.

“Agreement Date” means the date set out in the beginning.

“GMAI” means Gladstone Multicultural Association Incorporated.

“Event” means a day that the Festival is open.

“Festival” means the activities conducted at GPC Marina Parklands Gladstone.

“Site Manager means our duly appointed manager for all the Festival site.

“Site” means the space on the ground at the Festival that you are allocated from us.

“Stall” means the marquee/s in which you are allocated for the F to go to festival.

“Stall Holder”, “you” or “yourmeans the Stallholder named at the beginning.

“Coordinator” the person who is organising the Festival

GRC” is Gladstone Regional Council

Terms and Conditions

You acknowledge that you have read and understood all the terms and conditions set out in this agreement. By signing this agreement, you agree to and acknowledge that you are bound by these terms and conditions.

Non‐Compliance by you with these terms and conditions will be considered a breach of this Agreement and will entitle us in our absolute discretion to terminate this Agreement.

Our authorised staff are totally responsible for the operations of the Site and they may in their absolute discretion vary and apply exemptions to these terms and conditions for any Stall Holders and shall make all final decisions on any matters to do with the running of the Festival.

We reserve the right to decline any applications at our complete discretion.

This Agreement commences at the time you arrive on Site for setup and concludes each Festival Day after you have packed up and left the Festival Site.

We will not agree to any other term of this arrangement other than the day. That is, this is a day to day arrangement for the Stall on the Site on the day when the Festival are being conducted on a continuous basis from the Agreement date until it is terminated by either you or us in accordance with this Agreement.

For the avoidance of doubt, this Agreement reflects a standing arrangement between you and us and shall govern the relationship between you and us with respect to you operating the Stall at the Site during the Festival.

Site Fees are to be paid no later than two weeks before the Festival Day or unless otherwise agreed in writing by us. An option to pay before the Festival Day can be arranged on request. Please advise the Festival Co‐Ordinator if you wish to use this facility.

This Agreement may not be transferred as assigned by you to any other person. That is, you may not transfer, assign, sublet, share or otherwise deal the whole or any part of the Stall on the site.

If you do not intend to use the Stall on day of the Festival are being conducted and you have not terminated this Agreement, you must advise the Festival coordinator in writing or by text message. Otherwise you will be liable for the Fees for that day to us, or if you have already paid the Fees, you will not be entitled to a refund.

We have the sole right of placement of any Stall Holder, truck, van or trailer and the right to relocate you to a different Stall as to the Festival coordinator in his/her sole discretion determines.

You authorise GMAI to use images of the stall being operated by you for all forms of media releases to promote the Festival.

We accept no liability whatsoever for any damages or costs suffered or incurred by your business conducted from the Stall, your products or staff and you, and by signing this Agreement you agree to indemnify and keep indemnified us from all such damages and costs.

All stallholders are expected to behave towards all other parties with respect and common courtesy.

Cancellation of Festival

We will operate the Festival during inclement weather unless the Festival coordinator in his/her sole discretion, or an appropriate regulatory authority, determines it is unsafe to do so and declares the Event cancelled. If the Event is cancelled, you will not be liable to pay fees for that Event. Unless an Event is cancelled you must attend and operate your business from the stall.

If any infrastructure relating to the Festival is damaged due to such incidents as, but not limited to, fire, storm or other severe weather event, we reserve the right to cancel an Event until such time that the infrastructure is repaired and deemed safe.

If the stallholder does not turn up by 8am on Festival Day and has not given the required notice of 48 hours by text or email, then the stallholder will forfeit all of their stall and hire fees. However special consideration may be given by the GMAI Management Committee where unforeseen circumstances may have prevented attendance on the Festival Day. This decision is final and absolute and no further communication will be entered into on this matter.

Smoking

There is to be no smoking within or the immediate Festival Site area.

Stalls

Signage you can use promotional banners and display materials to make your Stall look fabulous. We reserve the right to remove any signage that has not been approved.

Stall Design/Fit‐out for the Stall displays, furniture and signage must be approved by us, prior to installation. Please submit in writing or by photos upon signing this Agreement or as soon as possible thereafter a design plan and/or notes detailing your proposal.

Stall Holder Clean Up upon ceasing trade on Festival Day your Site must be returned to clean and tidy. All rubbish must be removed from the Site. Whilst Festival is operating stalls must maintain a neat and tidy appearance.

Stallholders shall not engage in any activity which, in the opinion of the coordinators, is deemed to be illegal or immoral.

If you are a food vendor you must at all times strictly comply with all safety requirements as specified in relation to your Annual or Temporary Food Stall Food Licence Permit You must display your current licence in the Stall at all times. You must keep the Site and Stall clean at all times and conduct final clean up after Festival.

All “waste water” or “sullage” must be contained and removed for disposal. You must not dispose of any water or waste onto the sites. All waste oil must be placed in waste oil containers and removed from site for disposal.

We will provide each Event with a representative trained in First Aid who can deal with minor incidents only. In addition, it is advisable for you to have a First Aid Kit available in the Stall. Our First Aid representative may contact Emergency Services to seek medical support if deemed by them necessary to do so. All stall owners must stay within their designated stall space.

Tents/Marquees (Where Applicable)

All tents/marquees must have the appropriate weights because of frequent high windy conditions up to and over 50kmh. Weights should be a minimum of 15kg on each leg of your tent/marquee, but you must also have the capacity to add an additional 15kg to each leg (total 30kg) should weather conditions dictate. All equipment should be safely locked down within and under the tent/marquee. Under no circumstances is there to be any object hammered into the grounds Festival site.

Stallholders will be totally responsible to any damaged caused to the marquees supplied by GMAI.

Power (Where Applicable)

You must supply your own power leads and power boards appropriate to the power loads that you will be drawing. All power leads must run behind Festival stalls and never run across roads, pathways or overhead of roads or pathways.

The Markets operate on a public parkland and therefore only have access to a limited power supply which is accessed through temporary outdoor cables that are exposed to the elements. You should therefore at all times be careful around any power cables and not place heavy items on, or drive vehicles over, any power cables that are exposed.

Due to the power network on site and the fact that we are operating outdoors, we cannot always guarantee a constant power supply. We do not accept any responsibility or liability for spoilt product caused by power failures or interruptions.

The organisers will make reasonable efforts to provide single phase electrical power to sites sufficient for stallholder site needs

Stallholder’s electrical generators will not be allowed on site without prior approval

Cleaning

Garage collection and disposal from publicly accessible areas and provision on an industrial waste bin for the use of stallholders will be provided by the organizers.

We will provide cleaners to keep all public areas clean and tidy. We will provide bins (general and recyclables) for the use of the public. You must not use the public bins. All waste must be contained within your Site and removed at end of trade. You must ensure your staff understand and abide by these rules.

It is your responsibility to tidy up and keep your own space clean.

Stallholders are responsible for bulk rubbish removal (e.g. cartons, cans, plastic wrappers) from their allocated sites to the industrial waste bins provided.

Security

During the operating hours of the Festival you must not disengage safety bollards (located at either end of the Festival for any reason, other than emergency.

You must not drive any vehicle within the markets area during operating hours.

Vehicular access to the Festival site is strictly limited to a period of two hours prior to Festival opening hours and two hours after trading ceases. All access is permitted only by Festival Coordinator. You should never leave anything valuable unattended or on site overnight.

Health and Safety

The health and safety of all visitors is of upmost importance to us.

All power boards, extension cords and other electrical equipment must be tested and tagged by a qualified electrician. All gas bottles must be checked for being valid for use and compliance stamped by a qualified gas fitter. The use of untested and untagged electrical equipment and non‐compliant gas bottles is strictly prohibited.

All spills must be cleaned up immediately and reported to the Site Manager.

Care must be taken at all times to ensure that any equipment or other items that may cause someone to trip, fall or slip are removed.

If you are a food vendor, you must provide a dry chemical fire extinguisher inside your stall in compliance with Gladstone Regional Council regulations. The extinguisher must meet all Australian standards and be serviced regularly.

Insurance

You must have Public and Product Liability Insurance in place before you commence to occupy the Site and Stall.

Your Public Liability cover must be a minimum of 10 million.

All stallholders will need to clearly display all required Certificate of Currency, Licences and Permits.

All stallholders who are selling products /items to the public which in any could injury or affect a customer will be required to have a current product liability insurance minimum or over (10 Million $10 000 000)

You must display all your Certificate of Currency Licenses and Permits in your stall at all times.

You must provide to the coordinator a copy of Certificate of Currency of your insurance before commencing trade at the Festival.

Limitations of Liability

You agree that you are liable and indemnify us for any loss or damage howsoever caused by you or any of your employees, agents or representatives to any property owned by us or the Gladstone Ports Corporation.

You agree to indemnify us and keep us indemnified from any claim, action, demand or suit arising from any direct or indirect loss or damage howsoever caused (including physical, psychological and/or financial) suffered by you or your employees, agents, representatives or any other person resulting from your participation at the Festival.

You agree that you will not hold us liable for any theft of, or damage to, any of your property or equipment on‐site and indemnify us for any claim by any of your employees, agents or representatives for the theft of, or damage to, any of their property on‐site.

Products

All products sold at the markets must be selected and approved by us prior to being offered for sale by you at the Festival.

You may be directed from time to time to change or adapt your food dishes or products range in accordance with seasonal or themed occasions or in the case of conflicts of interest with other parties or to maintain variety within the Markets.

Your products must comply with relevant safety and compliance standards and regulations.

Products you offer must not infringe on any third party rights including intellectual property rights (e.g. copyright, patents and design).

Site Manager

We have appointed the Festival Site Manager to control the site. You must at all times abide by all reasonable directions given by the Festival coordinator.

Should an evacuation be deemed necessary, the Festival coordinator will direct all stallholders, suppliers and patrons to evacuate area? The control of the site may be taken over by Emergency Services, if necessary. Please refer to the Emergency and Evacuation procedures.

You are responsible for security of your own site, equipment and personal belongings.

Any issues that arise between you and other Stall Holders, customers or other patrons of the Festival must be resolved through the Festival coordinator. That is, you are not to take it upon yourself to resolve or attempt to resolve such issues.

Parking

We recommend that you only bring one vehicle where possible. You must make arrangements with the Site Manager where you can park your vehicle. If any vehicle is parked incorrectly e.g. outside the Stall holders parking zone they may be towed or liable to finds

Stallholder Conduct

We reserve the right to remove you or any of your employees or representatives should you or they fail to abide by any instructions of the Festival coordinator or other staff of ours at the Festival. Display any foul language, act in an offensive way or display violent or aggressive behaviour towards management, staff, other stall holders, customers or the general public will be evicted from the site immediately. Police action may be taken if necessary.

Stallholders must abide by the parking regulations.

All stallholders’ vehicles must evacuate the Festival site at least one hour prior to the advertised commencement time.

Any stall owner under the influence of drugs or alcohol will be of escorted from the site immediately. Police action may be taken if necessary

Stallholders may not put up or use any advertising materials such as large banners sign or tents which in the opinion of the Festival coordinator is likely to with the spirit of any sponsorship arrangement entered into by the Festival coordinator or is in the opinion of the Festival coordinator deemed offensive or in not of the spirit of the Festival.

Trading hours and Site Access Times

Access to the Festival Site on Friday will need prior arrangement with the Site Manager.

Set up Time Saturday from 7am to 8pm

Set up Time Sunday from 7am

Multicultural Festival Time Sunday 9am to 4pm

All stalls are to be totally set up and ready for trade 30 minutes before Festival commencement time. Stall is to be ready for health inspections by the Gladstone Regional Council health inspectors 30 minutes before commencement of the Festival. Stalls will not be dismantled prior to the advertised finishing time of the event Without Prior Approval from the Festival coordinator or site manager.

Disclaimer

This content and programming for the Gladstone Multicultural Association Inc Festival is subject to change from time to time without notice Gladstone Multicultural Association Inc. may modify this document or agreement at any time and such modification shall be effective immediately upon publishing and modified agreement on the website or as hard copy document. You agreed to review the agreement periodically to be aware of such modifications. The Gladstone Multicultural Association incorporated has taken reasonable effort to ensure that the content is accurate however all content is provided on as is and as available base. In no event shall Gladstone Multicultural Association incorporated or affiliates be liable for any special indirect punitive or consequential damages including but not limited to damages or loss of profits business interruption and the like resulting from your use of the products or services promoted or inability to use the service or any information or any delay of such information or service. In no event shall the Gladstone Multicultural Association incorporated or its affiliate responsible for no receipt or a registration for participants by stall owners or performers for any advertised event. Remuneration annual leave and other benefits Gladstone Multicultural Association incorporated has no responsibility or liability to any person for to any of the personal for your ruminations of wages annual leave strictly long service public holiday redundancy payments or other benefits for personnel providing the service. Superannuation where the law requires the payment of superannuation the person group or organization agrees that it is responsible for payment of superannuation for the personnel the personnel are not entitled to any superannuation contribution from Gladstone Multicultural Association incorporated. Taxes the person group or organization shall pay all taxes if required. For the avoidance of any debt and without limiting the generality of this clause the person group or organization is solely responsible for the payment of income tax payroll tax and any other tax payable as a result of providing the service. In the preparation for this event we shall rely on information which we believe to be accurate and reliable. However, the Gladstone Multicultural Association Inc or any persons involved in the presentation of the event access any form of liability whatever for its contents including options advice or information on any consequence that may arise

Public Liability Indemnity and Disclaimer Form

Public Liability

Please attach a copy of your Public liability insurance if you have your own. If you do not have Public Liability Insurance for you all your group, it is recommended that you become members of the Gladstone Multicultural Association Inc. A membership application form can be obtained through the GMAI Website www.gmai.org.au The Gladstone Multicultural Inc. seeks insured performers under contract if uninsured this indemnity waiver must be signed.

Indemnity

All artists hereby release and indemnifies Gladstone Multicultural Association Incorporated its officers and agents from and against all actions claims proceedings and demands whatsoever including through contract and tort which may be made or bought by any persons bodies or authority against it or them or any of them in respect of any loss injury or damage including death to any person or property and consequential loss caused or contributed to the extent of the contribution by any lawful or negative act or omission of the artist in the performance of this agreement unless such losses injuries or damage is caused by or contributed to the extent of the contribution by any lawful or negative act or omission of Gladstone Multicultural Association Inc.

Disclaimer

This content and programming for the Gladstone Multicultural Association Inc. Festival is subject to change from time to time without notice Gladstone Multicultural Association Inc. may modify this document or agreement at any time and such modification shall be effective immediately upon publishing and modified agreement on the website or as hard copy document. You agreed to review the agreement periodically to be aware of such modifications. The Gladstone Multicultural Association incorporated has taken reasonable effort to ensure that the content is accurate however all content is provided on as is and as available base. In no event shall Gladstone Multicultural Association incorporated or affiliates be liable for any special indirect punitive or consequential damages including but not limited to damages or loss of profits business interruption and the like resulting from your use of the products or services promoted or inability to use the service or any information or any delay of such information or service. In no event shall the Gladstone Multicultural Association incorporated or its affiliate responsible for no receipt or a registration for participants by stall owners or performers for any advertised event. Remuneration annual leave and other benefits Gladstone Multicultural Association incorporated has no responsibility or liability to any person for to any of the personal for your ruminations of wages annual leave strictly long service public holiday redundancy payments or other benefits for personnel providing the service. Superannuation where the law requires the payment of superannuation the person group or organization agrees that it is responsible for payment of superannuation for the personnel the personnel are not entitled to any superannuation contribution from Gladstone Multicultural Association incorporated. Taxes the person group or organization shall pay all taxes if required. For the avoidance of any debt and without limiting the generality of this clause the person group or organization is solely responsible for the payment of income tax payroll tax and any other tax payable as a result of providing the service. In the preparation for this event we shall rely on information which we believe to be accurate and reliable. However, the Gladstone Multicultural Association Inc. or any persons involved in the presentation of the event access any form of liability whatever for its contents including options advice or information on any consequence that may arise.