Terms and Conditions.
The following Terms and Conditions of Trade apply to all vendors who have received approval from the Event Organiser to trade at the Mundaring Garden Market.
1.0 Health and Safety Requirements
1.1 Inspection of Sites
It is the responsibility of the vendor to trade in accordance with any applicable Federal, State and Local Government laws and regulations, specifically those that are related to the Food Act 2008. Environment Health Officers will inspect food vendors at the Event. Food vendors unable to meet the minimum health and safety requirements for trading in public places or for selling food from a temporary food premises, will not be permitted to trade unless and until the required improvements are made to the satisfaction of the Health Officer.
1.2 Electrical and Gas Safety
All electrical equipment must be tagged in accordance with the requirements of AS 3760-2000. Electrical cords/leads should not cross public access ways and must be carefully secured. Any cords/leads that could cause a trip hazard will be remedied. A qualified electrician will be onsite prior to the commencement of the Event to inspect electrical installations and advise the Event Organiser of any breaches. The electrician is not for use by vendors and any services required by the electrician due to breaches of this clause will be passed onto the relevant vendor.
Electrical Tagging and Tagging Requirements
• All electrical leads and appliances must be tagged by a certified electrician in accordance with AS 3760- 2000 ‘In-service safety inspection and testing of electrical equipment’;
• In the case of this Event and as a requirement of our Event permit issued by the Shire of Mundaring, all electrical appliances and leads need to be regularly tested (every 6 months minimum) with the current tag attached;
• All electrical equipment, fittings and materials are subject to inspection by the Event electrician;
• Any electrical equipment without a compliance tag will be tested and tagged at the vendor’s expense. If any electrical equipment is deemed to be not safe for use by the Event electrician, the equipment shall be removed from site at the expense of the vendor; and
• All electrical malfunctions and power loss must be reported to the Event Organiser.
Gas/Electrical Equipment and Fire Safety
• Any vendor cooking with or using electricity or gas equipment is required to have a fire blanket and an annually tagged fire extinguisher – 4.5kg BE dry chemical;
• All extinguishers must be hung a maximum of 1.2m from the ground with the base at least 100mm from the ground;
• It is the responsibility of the vendor to ensure they know how the extinguisher is operated;
• No gas appliances are to be used on site without the express approval of the Event Organiser; and
• It is the responsibility of the vendor to regularly check all gas bottles and equipment attached to gas bottles to ensure hoses and attachments are not faulty and that bottles are in date and compliant.
Total Fire Bans and Fire Safety
• The Mundaring Garden Market will adhere to total fire ban rules and regulations.
• The Event Organiser will monitor the fire ban declaration and inform stall holders carrying out an activity that causes or is likely to cause a fire as per DFES website (http://www.dfes.wa.gov.au/totalfirebans/Pages/whatisatfb.aspx) of all control measures to be implemented to ensure the Event is fire safe. This includes asking a stall holder not to attend the festival if they feel their activity is not deemed fire safe.
• Any fees paid will be refunded if a stall holder is unable to attend due to the Fire Ban declaration.
1.3 Sale of Food and Products
Food vendors are required to conform to minimum safety standards. All food vendors must hold a valid temporary food licence registered with the Shire of Mundaring. This must be displayed at your site for the duration of the Event.
Vendors are not permitted to supply or sell alcohol at the Event without prior written approval from the Event Organiser.
1.4 Accidents, Incidents and Risk Management
It is the responsibility of each vendor to promptly report any incidents to the onsite supervisor/Event Organiser. This includes:
• Property damage;
• Illness, accident or injury;
• Anti-social behaviour;
• Lost children;
• Any observed disruptive behaviour;
• Any other issues raising concern for the health, safety or security of vendors or the public; and
• Near misses.
1.5 Personal Safety and Security
Vendors are required to maintain a reasonable level of personal safety and security. The Mundaring Garden Market and the Event Organiser will not be liable for the theft, damage, loss of cash, personal items or any other goods including the loss or damage as a result of onsite power failure.
2.0 Trade Requirements
2.1. Attendance
Return of the confirmation slip and payment of the vendor fees constitutes agreement by the vendor to attend the Event on the agreed date. If unable to trade, vendors must notify the Event Organiser a minimum of one week prior to the Event.
2.2 Trading Fees
Only vendors selected to participate will be required to pay a fee. All fees are non-refundable. This applies to all instances, including failure to present at the event for any reason.
Additional Shire fee will apply to all food vendors ($40 per event or $120 per year) this will be payable to the Shire via Mundaring Garden Market with our invoicing. Please note: Shire stall holder fee not applicable to not-for-profits organisations or fresh fruit and vegetables sold whole.
2.3 Trading Times
Summer Trading Hours (Oct-Apr) 8am-12pm. Winter Trading hours (Apr-Oct) 9am-1pm.
All vendors must be set up and ready to trade by no later than 7:45am on the morning of the Event. All vendors must trade for the full duration of the Event. In the event you sell out of stock, your structure must stay erected until the end of the Event. Only in the case of an emergency and at the Event Organiser’s discretion, are you able to pack up your stall and leave.
2.4 Site Structures
• All infrastructure requirements and catering equipment necessary for trade must be provided by the vendor;
• All infrastructure must be stable and firmly secured to avoid possible risk of injury;
• All infrastructure and equipment is to be set up and maintained in an appropriately safe and secure manner;
• All marquees are to be secured by weights. Spikes are not to be used;
• Vendors must confine their equipment, displays and signs to their designated site area;
• All pathways and thoroughfares are to be kept clear;
• The Event Organiser has the right to reject a vendor’s involvement in the Mundaring Garden Market due to their site being unsafe; and
• All signage must be directly related to the products being sold or promoted as outlined in the vendor’s application.
2.5 Site Location
The Event will be held along the Munda Biddi Trail, Jacoby Street, Mundaring with entry off the carpark in front of the Scout Hall. Successful applicants will be advised of their site positioning after payment of fees is received and final site plans are completed.
Vendors must advise the Event Organiser of the required site size when submitting their application. Vendors with genuine and logistical reasons for requesting a particular location may contact the Event Organiser to discuss this request; however, there is no guarantee of the preferred position being allocated.
Site areas will not be perfectly to scale on site maps and vendors may be relocated at any time and for any reason as required by the Event Organiser.
2.6 Sub-letting and Assignment
Vendors are not permitted to share, sub-lease or assign a site to another person without the prior approval of the Event Organiser.
2.7 Supervision of Sites
Vendor’s areas must be supervised for the entire duration of the Event.
2.8 Power and Lighting
Access to electrical power may be available. Vendors must notify on their application forms the specific power requirements when applying. Vendors must supply their own power boards and extensions leads, tested and tagged in accordance with Clause 1.2.
2.9 Public Address Systems and Hawking
Loud and amplified product promotion by vendors is not permitted, unless otherwise permitted by the Event Organiser. Hawking at stalls should be kept to a minimum.
2.10 Disposal of Rubbish
Festival bins provided by the Shire of Mundaring will be placed in the Event area. These bins are not for use by the vendors. It is the responsibility of the vendor to dispose of or remove any rubbish and ensure that the site area is kept clean and tidy. Large boxes and packaging are not to be disposed of onsite. Vendors are responsible for removing these items.
2.11 Competitions
Raffle tickets may not be sold nor competitions run at the Event unless approved by the Event Organiser.
2.12 Public and Product Liability
It is a requirement that each vendor possesses public and/or product liability to trade at the Event. A policy cover of a minimum liability of 10 million dollars (low risk) / 20 million dollars (high risk foods) will be required (please refer to table above). A certificate of currency will need to be attached with your application.
3.0 Access
3.1. Traffic Management
Vendors are required to comply with all requests and instructions by the Event Organiser, or their representatives with regard to traffic management.
3.2 Vehicle Access
• There will be no vehicle access to access directly in front of your stall. It is suggested, to park in the carparks on Jacoby Street and use the access ways to deliver the products to your stall.
• Vendors need to be mindful of the businesses operating within the Event Location Zone during bump in and potential customers utilising the space;
• No vehicles - except emergency vehicles - are permitted during the Event hours of operation; and
• If you are late, you will be permitted to wheel in your stall, providing contact has been established with the Event Organiser notifying them of your late arrival.
Locations for large trucks and vehicles will be allocated in the area in front of the Mundaring Scout Hall, Jacoby Street and must be mindful of the existing stall holders and customers in the area.
The area will require stalls to be wheeled in and we hope to have some volunteers assisting you if required.
3.3 Bump In
Successful vendors will be emailed detailed bump in/out instructions closer to the Event date. Please note, that there are no storage facilities pre or post festival and you are responsible for the delivery and removal of any equipment etc. from the Event location.
3.4 Bump Out
Vendors must not commence pack up until the advertised closing time of 12 noon. Should this change, each vendor will be notified of the amended time.
3.5 Vendor Parking
Vendors are requested to move their vehicles to Phillips Road before the start of the event. You will not be permitted to park in Jacoby Street car parks. Please note; vendors parking in bays close to the event only serve to deter potential customers.
4.0 Photography
The vendor consents to the Event Organiser using any photographs submitted as part of the vendors’ application to promote the Event. The vendor also consents to photographs being taken during the Event by event staff and representatives to be used to promote the Event and for future Events.
5.0 Sales
Although the Event is committed to a successful promotion and delivery, the Event Organiser takes no responsibility for the level of sales each vendor makes.
6.0 Cancellation by Mundaring Garden Market.
The Event Organiser reserves the right to cancel the approval of any vendor without refund/or ban the vendor from participation in future events if it determines that the vendor has breached any of the Terms and Conditions outlined in this document.
6.1 Cancellation due to Poor Interest
The Event Organiser reserves the right to cancel the Event should minimum vendor numbers not be reached. In the event of cancellation under this clause, all vendor fees will be refunded.
7.0 Weather
The Event will trade in the event of rain. Vendors will be responsible for ensuring their site is prepared for such conditions. The Event Organiser reserves the right to cancel the Event if severe weather conditions are predicted.
8.0 Wi-Fi
No internet service or Wi-Fi will be provided at the Event.
9.0 Water
No potable water is supplied to vendors at the Event. Vendors must ensure they bring an adequate water supply for the duration of the Event.
10.0 Amendments
The Event Organiser reserves the right to amend these terms and conditions at their discretion.
11.0 FOOD ACT 2008 – S.110 ACTIVITIES ON THOROUGHFARES AND TRADING IN THOROUGHFARES AND PUBLIC PLACES LOCAL LAW 2003