STALLHOLDER TERMS AND CONDITIONS
All Stallholders must meet the Stall Hire Terms and Conditions (set out below). The decision of which “Stallholders” will be included in the CROWS NEST FEST 2024 (“the Event”) remains at the sole discretion of “The Organiser”.
1. Definitions
“Stallholder” refers to any person and/or company including any employees, contractors, agents or representatives who have applied or participated in a Stall space at the Event, under these Terms and the person or entity who is the person specified as the Stallholder in this Stallholder Agreement.
“Stall” means a space that you hold as a Stallholder at the Event
“The Organiser” refers to Crows Nest Mainstreet Ltd and "Event Producer" refers to Margot Natoli Project Management pty ltd
“The Event” refers to CROWS NEST FEST 2024
2. Obligation to Open Stall
All instructions issued by the Organiser must be strictly adhered to at all times. The Stallholder must use and occupy the Stall and must conduct the stall operations in accordance with the Permitted Use of the Stall during the Agreed Trading Hours. No Stallholders are permitted to provide goods and services which conflict with the supply of goods and services of official sponsors, events or event partners of the Event. Stallholders must notify the Organiser if they have third-party sponsor branding at their stand. Stallholders will continue to set up irrespective of weather conditions unless the Organiser has cancelled the event. The Organiser, nor the Event Producer, North Sydney Council will not be held responsible for any loss, damage or injury arising from adverse weather conditions or any other cancellations factors that are not within the Organiser’s control.
3. Insurance - Stallholder's obligation to take out insurance
The Stallholder must take out and maintain with an insurer reasonably acceptable to the Organiser, the following insurances: Workers Compensation and Workplace Health and Safety where applicable; and Public Liability for an amount which is not less than $10 million and ensure that such insurance covers those indemnities to be given by the Stallholder under this Agreement. Where a Stallholder is a sole trader and provides evidence thereof, and the sole trader has no employees, the sole trader is not required to obtain or hold Workers' Compensation insurance.
4. Event Production & On-Site Management
The Event Producer is managing and facilitates the curation of the market stalls for the events on behalf of the Organiser. All production requests should be directed to your site manager. Stallholders agree to follow the instructions of the traffic manager and site manager whilst onsite before, during and after the event. Stallholder positions are pre-allocated and cannot be changed on the day by the stallholder. The Organiser has the right to reposition stalls without notice on the day. The stallholder agrees to set up within their allocated space and allocated times. The Stallholder agrees not to start packing down their stall until the end of the allocated event time.
Provision of Own Marquee
NOTE: If you are supplying your OWN marquee structure it MUST BE adequately WEIGHTED as per the structure manufacturer's specifications. Failure to do so, may result in you being asked to pack down pre or during the event by the Site Management Team. Inclement weather, especially high winds may pose a risk to safety, and marquees deemed insufficiently weighted for certain wind ratings will be packed down and no responsibility will be taken by the Organiser, nor the Event Producer for any loss of income, or damage to the stallholder.
5. Damage
The stallholder is liable for the cost of any lost or damaged infrastructure hired by the Organiser, including but not limited to marquees, and tables, which is a direct result of their stall operations and/or staff. Stallholders agree to take all due care and diligence to prevent injury and damage to property including themselves, their staff, and any third party including, but not limited to event staff, patrons and other stallholders.
6. Waste
The stallholder will be liable to pay an additional waste removal fee if rubbish is left behind in or around their stall at the end of the event. Wastewater/sullage is to be disposed of by the stallholder in sullage containers or sealed containers offsite. Stallholders are to notify the Organiser if they require sullage disposal (fees will apply).
7. Fees and Payments
Stallholders will be charged according to your stallholder type and upon booking confirmation a Tax Invoice will be issued. Payment is required by the due date and non-payment will result in the cancellation of the stallholder booking. Stallholder fees are non-refundable. The Organiser may consider full or partial refunds based on exceptional circumstances, at its absolute discretion.
8. Cancelations & Non-Transferrable Rights
Stallholder rights to participate in the event are not transferrable. Stalls cannot be sold, shared, assigned or sublet to any third party without the Organiser’s consent. If any strike, act of God, inclement weather, pandemic or any other event beyond reasonable control, prevents the stallholder from occupying the site for the Licence Period in full or in part, then it will be at the risk of the stallholder. The Organiser has the right to cancel the event if it is deemed unsafe to continue with the event for stallholders and patrons. This event is an outdoor event and will proceed in all weather conditions unless it is unsafe to do so. The Organisers do not take any responsibility for loss or lack of income generated on the event day for any reason whatsoever, including crowd attendance or inclement weather.
9. Compliance
All stallholders shall not with intent, cause, instigate or engage in any action/behaviour, prior, during or after the event or at any time while on-site in connection with this event that may warrant a claim of negligence against the Organiser. The Organisers staff have the right to remove any person exhibiting anti-social behaviour i.e. anyone causing annoyance, nuisance or injury to another person or the community. The Organiser may use stallholder’s email or mobile for communication. Stallholders give consent for the Organiser to use photographs and videos supplied by the stallholder. Stallholders entering the event site may have their photos taken. The Stallholder gives consent for the Organiser to take photos and videos of their product, stand and stall for Council use. Stallholders are expected to inform the Organiser of any change to their contact details.
Body piercing, acupuncture, any skin penetration activities or beauty treatments cannot be provided by stallholders. Prohibited goods are not to be sold at the event. This includes live birds or animals, weapons, items associated with illegal use of drugs, offensive, counterfeit or unauthorised products may not be sold. All music played from your stall may be played at low volume and should not disturb the trading of neighbouring stallholders. Music should not be played if a stall is next to stage. Smoking is not permitted within the event site, including at any of the Stall sites or within five metres of any entry/exit point at the event. For those stallholders providing their own marquee structures, you are responsible to ensure they are sufficiently weighted and erected to the manufacturer's specifications.
10. Electricity
Stallholders must have all electrical equipment tested and tagged to the Australian Safety Standard AS3760 prior to the event. It is the stallholder’s responsibility to ensure that any electrical equipment (other than new equipment not more than 3 months old) is tagged and tested prior to arrival at the event. This is a Federal and State Government requirement. Testing and Tagging will not be provided on the day of the event.
11. Reporting
Stallholders must report gross takings and menu prices to the Organiser via the post-event report, within two weeks of the event. This will be used for research purposes only to assess the event, vendor location, attendee needs and product suitability to continuously improve the event.
12. COVID-19
The Organiser considers all stipulations from Government, Health Authorities, Council and Venues in determining the COVID Safe measures of the Event. These requirements may include (SUBJECT TO CURRENT NSW PUBLIC HEALTH ORDERS). You will need to comply with these requirements in order to attend the Event and will be kept up to date with developments in the lead-up to the Event. We have a collective responsibility to follow COVID safe plans and current NSW Public Health Orders. COVID-19 is an extremely contagious disease that can lead to severe illness and death. There is an inherent and elevated risk of exposure to COVID-19 in any public place or place where people are present and there is no guarantee, express or implied, that those attending an Event will not be exposed to COVID-19. You should evaluate your risk in determining whether to attend the Event. By entering the Event, you voluntarily assume all risks related to exposure to COVID-19.
13. General Presentation
Stallholders are to provide their own brand signage for display for their marquee area and you are encouraged to dress their area aesthetically to positively promote their products.
14. Food Vending Operators
Food vending operators are subject to North Sydney Council Health Regulations and any applicable regulatory food vending permits and inspections and Council fees may apply. Please refer to: https://www.northsydney.nsw.gov.au/downloads/download/14/temporary-food-stall-requirements-andregistration-form
15. Alcohol
If you are a winery, distiller, or brewer and you hold a Producer / Wholesaler License you are permitted to serve in accordance with your license, being tastings and take-home bottle sales. All staff must hold current NSW RSA and you must practice Responsible Service of Alcohol at all times, and current Liquor & Gaming signage must be displayed on your stall: https://www.liquorandgaming.nsw.gov.au/operatinga-business/liquor-licences/liquor-licence-types/producer-wholesaler-licence
16. Environmental Sustainability
You acknowledge and will abide by North Sydney Council’s Sustainability policy PLASTIC FREE NORTH SYDNEY and the Event Producer has an Environmental Sustainability Policy also in place: https://eventproject.com.au/wp-content/uploads/2020/09/MNPM-Environmental-Sustainability-Policy_2013.pdf
Agreement
By signing this online form:
I have read, understood and fully comply with the above information, Terms and Conditions and stallholder requirements.
I declare that the information provided on my application form is complete and accurate.
I acknowledge that I am responsible for advising the Organisers of any business changes including, but not limited to contact details, mailing address, and cease of business.
Updated 23 February 2024