STALLHOLDER TERMS AND CONDITIONS
All Stallholders agree to these Stallholder Terms and Conditions.
1. Definitions
“Council” means North Sydney Council
“Event” refers to CROWS NEST FEST 2025
“Event Producer” refers to Margot Natoli Project Management Pty Ltd
“Organiser” refers to Crows Nest Mainstreet Ltd
“Stall” means a space that you hold as a Stallholder at the Event as allocated by the Organiser.
“Stallholder” refers to any legal entity (including any person and/or company) that has applied for a Stall space at the Event, and/or has been approved for a Stall space at the Event.
“Site Management Team” means Margot Natoli Project Management Pty Ltd, staff, contractors and suppliers
2. Stallholder Rights and Obligations
(a) Stallholders agree and acknowledge that the approval of any application for a Stall and allocation of a Stall is subject to sole discretion of the Organisation.
(b) All instructions issued by the Organiser and/or Event Producer must be strictly adhered to at all times.
(c) 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.
(d) 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.
(e) Stallholders must notify the Organiser if they have third-party sponsor branding at their stand.
(f) Stallholders will continue to set up and conduct their stall operations irrespective of weather conditions unless the Organiser has cancelled the event.
(g) To the maximum extent permitted by law, the Organiser, Event Producer nor Council will not be held responsible for any loss, damage or injury arising from:
(i) adverse weather conditions; or
(ii) any other matter that is not within the Organiser’s control; or
(iii) anything in connection with the Organiser's approval or otherwise of a Stallholder’s application for a Stall.
3. Insurance - Stallholder's obligation to take out insurance
(a) The Stallholder must take out and maintain with an insurer reasonably acceptable to the Organiser, the following insurances:
(i) Workers Compensation in compliance with applicable laws; and
(ii) Public Liability for an amount which is not less than $10 million, such policy being endorsed and/ or notated to ensure that such insurance covers any and all indemnities to be given by the Stallholder under this Agreement.
(b) 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
(a) The Event Producer is managing and facilitates the curation of the market stalls for the events on behalf of the Organiser.
(b) All production requests should be directed to your site manager.
(c) Stallholders agree to follow the instructions of the traffic manager and site manager whilst onsite before, during and after the event.
(d) Stallholder positions are pre-allocated and cannot be changed on the day by the stallholder.
(e) The Organiser has the right to reposition stalls without notice on the day.
(f) The Stallholder agrees to set up within their allocated space and allocated times.
(g) The Stallholder agrees not to start packing down their stall until the end of the allocated event time.
5. Provision of Own Marquee by Stallholder
(a) Where a Stallholder uses its own marquee structure, the Stallholder agrees that it will be adequately secured and/ or weighted as per the structure manufacturer's specifications and to the satisfaction of the Organiser and Site Management Team.
(b) The Site Management Team may require a Stallholder to remove and/or pack down any marquee structure not in compliance with this clause.
(c) The Stallholder agrees and acknowledges that the interaction of inclement weather (including but not limited to high winds) with marquee structures poses a risk to safety, and that any determination by the Site Management Team in relation to the safety of any marquee structure will be binding and final.
(d) A stallholder will have no recourse against the Organiser, Event Producer or Site Management Team for any loss of income or damage in connection with any direction or instruction to remove any marquee structure.
6. Damage
(a) 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.
(b) 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.
7. Waste
(a) 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.
(b) Wastewater/sullage is to be disposed of by the Stallholder in sullage containers or sealed containers offsite.
(c) Stallholders are to notify the Organiser if they require sullage disposal and acknowledge that fees will apply.
8. Fees and Payments
(a) Stallholders will be charged according to stall type and upon booking confirmation a Tax Invoice will be issued.
(b) Payment is required by the due date and non-payment will result in the cancellation of the stallholder booking.
(c) Stallholder fees are non-refundable, including if the event is cancelled for reasons outside of the organisers reasonable control (including due to a Force Majeure Event).
(d) The Organiser may consider full or partial refunds based on exceptional circumstances, at its absolute discretion.
9. Cancelations & Non-Transferrable Rights
(a) Stallholder rights to participate in the event are not transferrable.
(b) Stalls cannot be sold, shared, assigned or sublet to any third party without the Organiser’s written consent.
(c) The Stallholders agrees that it has no claim against any of the Event Producer, Organiser or Site Management Team, if any strike, act of God, inclement weather, pandemic (whether declared of otherwise) or any other event beyond reasonable control of the Event Organiser, prevents the stallholder from occupying or enjoying use of the allocated Stall.
(d) The Organiser has the right to cancel the event if it is determined to be unsafe to continue with the event for stallholders and patrons.
(e) The Stallholder acknowledges that the event is an outdoor event and will proceed in all weather conditions unless it is unsafe to do so.
(f) 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.
10. Compliance
(a) 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.
(b) 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.
(c) The Organiser may use stallholder’s email or mobile for communication.
(d) Stallholders are required to promptly inform the Organiser of any change to their contact details.
(e) Stallholders give consent for the Organiser to:
(i) use photographs and videos supplied by the stallholder;
(ii) take and use photographs and videos of stallholders and stalls and any persons and products therein; and
(f) Stallholders consent to Council using of any photograph or video obtained by the Organiser.
(g) Stallholders agree that:
(i) Body piercing, acupuncture, any skin penetration activities or beauty treatments cannot be provided by stallholders.
(ii) Prohibited goods are not to be sold at the event including but not limited to live birds or animals, weapons, items associated with illegal use of drugs, offensive, counterfeit or unauthorised products.
(ii) All music played from a stall may only be played at low volume and must not disturb the trading of neighbouring stallholders.
(iii) Music should not be played if a stall is next to stage.
(iv) 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.
11. 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 as mandated under applicable Commonwealth and NSW laws and regulations. Testing and Tagging will not be provided on the day of the event.
12. 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.
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 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 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
17. Application to employees, officers, agents and representatives
Stallholders agree to take all reasonable steps to ensure that all of its employees, officers, agents and representatives comply with these Stall Hire Terms and Conditions.
18. For the purpose of this agreement, a Force Majeure Event includes, but is not limited to:
(a) acts of God;
(b) flood, fire, earthquake or explosion;
(c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest;
(d) government order or law;
(e) actions, embargoes or blockades in effect on or after the date of this Agreement;
(f) action by any governmental authority;
(g) national or regional emergency;
(h) strikes, labor stoppages or slowdowns or other industrial disturbances; or
(i) epidemic or pandemic whether or not declared by any governmental authority.
Agreement
By signing this online form and or by paying the Stallholder Invoice:
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 15 April 2025