BYRON HARMONY FESTIVAL TERMS AND CONDITIONS
All Stallholders must submit an Application Form prior to trading. By submitting an Application Form and the
payment of any applicable fee, or commencement of trading with Byron Harmony Festival ("BHF").
Stallholders agree to be bound by these General Terms and Conditions. Stallholders may also be subject to further terms and conditions specific to particular Markets and will be notified of such further specific terms and conditions. These General Terms and Conditions may be withdrawn, changed or replaced at any time by “BHF” in its sole discretion and communicated to you. If Stallholders may have signed a prior agreement with“BHF”, these General Terms and Conditions apply to the extent of any inconsistency.
FOOD PREPARATIONS/SALE REQUIREMENTS
Sale requirements You must register your business in accordance with all relevant legislation and regulations.In NSW. Temporary food permits are also a requirement of Byron Council. You must obtain and lodge a food permits as notified by “BHF”. You must have 1.Food Safety Supervisor 2.Byron Shire Council Permit Certificate 3.Public liability Insurance.
Stallholders remain liable for compliance with all laws. “BHF” assumes no liability for Stallholders’ compliance with legal obligations and Stallholders indemnify “BHF” for any Stallholder breach of the law.
“Stallholder” means Stallholders who has completed and submitted an Application Form, paid any relevant application fee to “BHF” and have been accepted by “BHF” as a Stallholder at the festival. “Stallholders” also includes Stallholders’ employees, agents, contractors, consultants and family members who attend and sell at festival.
“Food Vender” means Food vender who has completed and submitted an Application Form, paid any relevant application fee to “BHF” and have been accepted by “BHF” as a Food vender at the Festival. “Food vender” also includes Food vender’ employees, agents, contractors, consultants and family members who attend and sell at festival.
“Community Vendor” means Workshop presenter who has completed and submitted an Application Form, paid any relevant application fee to “BHF” and have been accepted by “BHF" as a Workshop presenter at the Festival. “workshop presenter” also includes workshoppresenter’ employees, agents, contractors, consultants and family members who attend and sell at festival.
Unless the use of certain equipment is specified by “BHF”, Stallholders should use their judgment about what equipment is required for the selling of their produce. “BHF” currently does not supply equipment to Stallholders, so Stallholders will need to bring everything they need, including but not limited to gazebos, sandbags, ropes, tarpaulins, tables, chairs and display equipment.
Stallholders may sit on elevated stools to encourage interaction with consumers. Each Stallholder must comply with all relevant laws, No produce or other materials (such as signs) may be placed in aisles or on the ground in front of stalls. “BHF” may direct you where to place certain equipment or signage. “BHF” may require Stallholders to remove dangerous, faulty or unsightly equipment.
Stallholders are required to use paper/recycled bags and single use plastic bags are banned. Stallholders are required to use food containers which are compostable, recyclable or reusable. Single use plastic/ non-recyclable eating utensils, serviettes, plates and cups, stirrers are banned from this Festival.
Food Stallholders must have current public & product liability insurance providing a minimum of $10m cover. Stallholders must provide evidence of current insurance prior to trading at “BHF”.
“BHF” may request copies of these insurance policies from Stallholders time to time.
LIABILITY AND INDEMNITY
Subject to the exclusion below, “BHF” will not be liable to Stallholders in respect of any injury, loss or damage, claim or expense suffered by the Stallholder from or in connection with its activities conducted at a Market, including:
A. damage to goods, products, stock or equipment; or
B. loss of income, loss of profit or loss of revenue.
“BHF” limitation of liability does not apply in relation to liability relating to:
A. personal injury, including sickness and death;
B. an infringement of intellectual property rights;
C. a breach of any obligation of confidentiality, security matter or privacy; or
D. any breach of statute or any willfully wrong act or omission including a repudiation or breach of this agreement.
Stallholders will indemnify and keep indemnified “BHF” against:
A. any damages, loss, cost and expense or liability incurred by “BHF”; or
B. any claim, action, or proceedings made against “BHF” arising in connection with its activities conducted at the Festival.
A copy of your current public liability insurance policy (min $10M) and other relevant permits and licenses must be received via email to email@example.com before the 20th April 2018.
Disabled access is available at all venue
GOODS FOR SALE
All goods for sale must be related to each culture, and approved by “BHF”. Should Stallholders wish to change the mix of product offered for sale, application must be made to “BHF” in writing, using the Application Form prior to selling. “BHF” reserves the right to specify or refuse approval of certain types of products a Stallholder may sell on festival day.
All Stallholders must use own gazebos and/or trestle tables however will be subject to local food legislation and regulations. Produce for sale must be displayed in a visually attractive way.
• You may commence set up from no earlier than 9am as directed by “BHF”.
• Vehicles may enter the Market precincts to unload directly into your Stall Site.
• You must remove your vehicle(s) from the Market precincts immediately after unloading. Vehicles must be out of the market site immediately after loading. Failure to leave the market site by 10am sharp may result in you being asked to leave the market with no refund or credits of stall fees applying.
• You may commence pack up from 6pm as directed by “BHF”.
Stallholders and their vehicles must be out of the venue within 1hour sharp of the commencement of pack up time.
• Entering the market site with vehicles before 6pm or failing to leave the market site within 1 hour of pack up time commencing may result in you being asked not to return to future event, with no refund or credits of stall fees applying.
• Vehicles may enter the Market precincts to load directly from your Stall Site where possible.
Stallholders are actively encouraged to use paper/recycled bags and single use plastic bags are banned. Stallholders are actively encouraged to use containers should be compostable, recyclable or reusable. Single use plastic/ non-recyclable eating utensils, serviettes, plates and cups, stirrers are banned from this Festival. Re usable plate adn cups will be provided by the "BHF", a washing up station will be provided.
Stallholders must comply with all local parking restrictions. Parking illegally, or hindering the normal flow of traffic in and around Festival site could jeopardize the continuing operation of the Festival and is not permitted. Stallholders remain liable for any parking infringement notices, damage to vehicles or related issues regarding parking of their vehicles.
EXTRAORDINARY CHARGES, FEES AND OTHER COSTS
Should “BHF” incur any extraordinary costs, expenses or other charges (Additional Charges) as a result of your activity at the markets, “BHF” reserves the right to pass on in full any Additional Charges to you. An example of such Additional Charges may include (but is not limited to) costs of maintenance of “BHF” or the landowner’s equipment, extraordinary cleaning charges or contract electrical charges (from the use of faulty equipment). You agree to be liable for Additional Charges and to reimburse “BHF” in full.
Please note that access to power is limited, and you can not be guaranteed outlets with any of the market stalls. Therefore if you must use power in order for your products or services to be sold or promoted please contact us before the festival day. also, may be subject to additional cost electricity is only available for the purpose approved by “BHF”. “BHF” does not provide any equipment for Stallholders to connect to the electricity.
Stallholders may only use power leads that are safe, comply with Occupational Health and Safety requirements and have been recently inspected. “BHF” reserves the right to inspect electrical equipment and cables at any time. Electricity, or its continuous supply, is not guaranteed by “BHF” and no refunds or credits will be provided for any issues relating to electricity supply or the failure to supply it.
“BHF” reserves the right to advertise or promote the Stallholder in connection with “BHF” and the Stallholder consents to “BHF” taking and using photos which may contain images of the Stallholder’s produce or image.
RUBBISH, WASTE & RECYCLING
In most instances, “BHF " will provide Stallholders with directions onsite regarding rubbish and waste removal however some sites may have specific requirements and “BHF” will advise you if this is the case. “BHF” will attempt to obtain recycling bins at Festival site. It is a requirement that all Stallholders recycle as much waste as possible. The stall site must be left in the condition it was found. Should Stallholders not make good their site at the end of Festival Day, “BHF” reserves the right to charge Stallholders a Cleaning Fee.
Stallholders obtain no right, title or interest in a site and cannot transfer or otherwise deal with a site. This rule applies irrespective of the tenure of a Stallholder or any advance payment made. Stallholders acknowledge and agree that “BHF” may move Stallholders to different spot on Festival or refuse the entry of Stallholders on the festival in its sole discretion.
REFUNDS & CREDITS
Stall Fees are not refundable, whether a Stallholder has attended a Festival or not. Credits and refunds will not be issued for bad weather on the Festival day, even in the event that a market must be cancelled for safety reasons. “BHF” operates all weather Festival and trade rain or shine, unless the weather is deemed dangerous by “BHF” in its sole discretion. Please do not apply unless you are prepared for all weather. It is each Stallholder’s responsibility to protect his or her products and Stallholders must always have necessary equipment to do so. “BHF” will not be liable to Stallholders for damaged or broken stock, however caused.
Stall fees must be paid as directed by “BHF”. If Stall fees are not received by “BHF” till 21st of April 2018, “BHF” reserves the right to charge a late fee of $15 or allocate the stall site to another Stallholder. All Stallholders must pay their Stall fees in advance as directed by “BHF”. “BHF” does not currently accept credit card payments for Stall Fees. Stall Fees are not refundable.
Please refer to Festival Fees & Charges with clear description of your stall name.
Byron Harmony Festival Team