TERMS & CONDITIONS
MELBOURNE TEA FESTIVAL 2019
By applying to participate in the festival you agree to these Terms and Conditions. Please ensure you read each point so you understand what's required.
We assess Stallholder applications on the following criteria:
a) the total and best mix of stallholders for festival attendees;
b) the stall size requested in relation to the floor plan layout and capacity;
c) the style, calibre, professionalism and uniqueness of Your offering and brand; an established and developed online presence;
d) the alignment of Your company with the vision, purpose and values of the festival;
e) for tea businesses, Your focus on leafy grade, loose leaf, specialty tea;
f) for food businesses, the compatibility of Your product with tea and the quality of Your product.
We have the right to decline any Stallholder application that We think is unsuitable for any reason.
Stallholder fees are listed on the online application form. They are not negotiable and must be paid in full on application. If Your application is not accepted, the full fee will be returned to You within two (2) business days.
Stall fee inclusions
The Stallholder fee is for empty floorspace for You to create Your Stall design within it. It also includes one (1) 10 amp power outlet. The Stallholder fee also includes complimentary festival entry tickets for Your staff. You will be notified of the number of tickets available to You in the Stallholders Guide, closer to the event.
Cancellations by stallholders
Less than 30 days prior to the festival – full fee forfeited. More than 30 days prior to the festival – 50% fee forfeited, which will be returned to You within five (5) business days after Our confirmation that We have received Your notice to cancel. Cancellations must be made in writing via email to: firstname.lastname@example.org.
Cancellation by festival organisers
The festival is located inside and will operate rain, hail or shine. However, in the event of dangerous weather conditions We reserve the right to cancel the festival. We also reserve the right, at Our sole discretion, to cancel the festival in the event of unforeseen issues that prevent the festival from operating. You agree that We will not be held responsible for any loss, damage or injury arising from adverse weather conditions or any other cancellation factors that are not within Our control. In that event, We will provide You with “credit” to hold a Stall at a future festival within the same State.
Date and trading hours
The Melbourne Tea Festival on Sunday 21 July has trading hours in two sessions: 9.00am – 1.00pm and 1.30pm – 5.30pm. From 1.00pm until 1.30pm there will be a break in trading while session one (1) closes and session two (2) prepares to open. By participating in the market place as a Stallholder You agree to be available for the entire duration of the festival set out above and that You will only trade during these times. You also agree you’ll pack down and cease trading at 5.30pm and not before or after this time.
The right to participate as a stallholder at the Melbourne Tea Festival is not transferrable. Stalls cannot be sold, assigned or sublet to any other person or company without Our prior written consent. In the event that We consent to Your rights to hold a Stall being transferred, sold, assigned, sublet or otherwise to any other party, You warrant that the party who is receiving these rights must agree to be bound by these Terms and You agree to assist Us in procuring such an agreement if needed.
If You want to share Your Stall with someone else that has not been mentioned or approved by Us in the Stallholder application, You must seek Our prior written consent and provide full details of the additional company. These details must include: name, full address, company name, contact phone numbers and a detailed description of their business, goods and/or services. In addition, You must bring these Terms to the attention of anyone sharing Your Stall at least seven (7) days prior to the festival day.
You agree not to change Your Stall position within the Venue and also agree that You will set-up only within Your allocated space. While seeking to ensure all Stallholders are strategically placed for maximum exposure to the public, Stall positions are selected at Our sole digression and We cannot be held responsible for crowd movement on the day. If You have a special technical requirement, let Us know and We will do Our best to take that into account. We do not guarantee the approval of special requests.
Stall design and structures must not be above 2.5m high and the sides of Your stall must not be higher than 1.5m. Stall designs that block or obstruct adjoining stalls must be changed on the day at the request of the organisers. Please note that Your Stall may not be positioned with a Venue wall behind it, it may be backed onto another Stall, so consider this in Your planning and provide Your own partition or screen. Stall signage must not be placed on the back of your stall. It must be front facing only.
a) Must not cause dampness, stain or be readily ignitable; b) Must not be capable of emitting toxic fumes should ignition occur; c) Crepe paper, corrugated cardboard, straw, hay, untreated hessian, untreated material fabrics or PVC sheet (except on floors as a protective membrane) requires prior approval from the Venue.
a) Ensure trip or slip hazards are reduced and distinguishable from surrounding floor areas. For example, by using markings, contrasting edges, tactile surface indicators, non-slip materials, effective lighting; b) To comply with the Disability Discrimination Act 1992 (S 23, 24), every stall must provide access for a person with a disability; c) Raise flooring is not permitted.
The Venue requires all stalls to be open for visual inspection at all times. No stalls are to be covered or blocked by fabric or material at any time, as this can be a fire safety hazard. The Venue will conduct stall visual safety inspections and need to be able to see the stall build.
You are encouraged to bring the following items to the festival which We will not supply: a) Signage, display, backing walls and promotional materials including business cards and means of contact. Easels, shelves and small props contained within Your space are encouraged; b) A float with money and enough change to suit Your product pricing and a suitable means to secure cash and/or order forms. There is no facility to change cash at the Venue; c) Packaging and if applicable, carry bags for customers to take their products home in; d) Rubbish bags and supplies to keep Your Stall clean and tidy, including liquid soap and facilities to rinse tasting cups and store waste water.
You must keep Your Stall clean and tidy at all times and display products in a manner that do not interfere with other Stallholders. Furthermore, You must bag all rubbish and material from Your Stall for removal by the Venue’s cleaning team the close of trading. Failure to comply with the conditions set out in this clause may result in the immediate closure of Your Stall.
Every stall will be equipped with one (1) 10 amp power outlet. If You need additional power for Your Stall, it is Your responsibility to ensure that You include this when filling out Your application form. Alternatively, You can request power later in writing via email prior to the event.
All electrical equipment brought into Meat Market must have a current tag and test certification displayed and produced for inspection on request. Non-test tagged equipment cannot be used in the Venue.
Gas cylinders and naked flame
The use of gas cylinders and naked flame is not permitted in the Venue.
Permits and licenses
You agree to obtain any relevant permits and comply with the Food Act 1984 and will provide a) Your Streatrader registration number b) a Statements of Trade document and c) Your Certificate of Registration of Food Premises. Melbourne City Council considers beverage products to be foodstuffs and as such, you will be required to obtain a temporary food premises license via Streatrader if you intend to sample and/or sell beverages instead of or, in addition to food.
Food and beverage safety and handling requirements
You are required to comply with the Food Act 1984 and must provide hand-washing facilities on your stall, such as a large bottle of water with a tap nozzle, a small basin, liquid soap (not hand sanitiser) and paper towel.
Selling of alcoholic drinks
If you intend on selling alcoholic drinks you must include this on the application form. If you subsequently decide to sell alcoholic drinks, you must notify Us in writing prior to the event so that necessary licensing requirements are complied with.
Wastewater can be discarded in the Venue’s kitchen and other locations as advised. You agree to manage and minimise Your wastewater output.
Deliveries and storage
The Venue or Melbourne Tea Festival cannot accept deliveries on behalf of Stallholders prior to the festival. Stallholders are responsible for arranging their own deliveries on the day of the festival at the allocated bump-in, bump-out times.
Stallholder bump-in / bump-out
Stallholder bump-in will commence on Sunday morning. In the lead up to the festival, We will send You a floor plan with Your Stall position and specific bump-in instructions. Set up times will be allocated by Us and will be early in the morning on the same day that the festival starts. There is strictly no access to the Venue at anytime outside of the bump-in times. Stallholders are required to be offsite by 8.00pm.
Parking and traffic
There is no onsite parking. Street parking and nearby parking stations are available at a cost. You must not inconvenience local residents and members of the public and respect their premises and property when parking on the street.
The Venue is a heritage-listed building and it comes with some restrictions and rules:
a) The floors, walls, furniture or fittings or other parts of the Venue must not be broken or pierced by nails, screws or other contrivances, or damaged in any way. Adhesive tapes or “Blue Tac” must not be used on the walls. Stallholders must not interfere with any appliance, fitting or fixture in any way, or use adhesives on any surface. Stallholders must not erect, affix, hang, or display any proscenium, scenery, fittings, decorations, posters, advertisements, shields, flags or emblems of any kind in the Venue without the prior written consent of Venue Management. b) Helium balloons are prohibited. c) Naked flames and gas is prohibited. d) Meat Market is a smoke-free zone and smoking is prohibited at all times, including within five (5) metres of any entrance.
The health and safety of all patrons, staff and Stallholders is of paramount importance. Therefore, You must ensure that You: a) Pay constant attention to the operation of Your Stall area; b) Store all products, furniture, signs and equipment safely within Your Stall area and generally ensure that You do not have trip and fall hazards that could cause anyone to suffer an accident; c) Keep all of Your items and boxes out of the walkway around Your Stall area, ensure that Your props and displays are well constructed and safe and otherwise contain all equipment that may result in a person tripping, slipping or falling; d) Clean up any spills, breakage or otherwise immediately and call an emergency service if required; e) Keep all public access ways clear; f) Ensure that power boards and extension cords that You supply are tested adequately prior to use and that they have surge protection prior to the commencement of the festival and that any exposed electrical cords are secured so that they will not possibly cause someone to trip; and g) Behave at all times in a manner that ensures that the health and safety of anyone who visits the market is not compromised.
You understand and agree that it is Your responsibility to take all due care and diligence to prevent injury and property damage to You or any other third party including, but not limited to, Your staff, other Stallholders and visitors to the Melbourne Tea Festival.
Responsibility for damage
You warrant that You are liable to pay for and indemnify Us against: a) Any damage caused by You, Your staff or Your representatives to Your allocated Stall space, another Stallholders Stall space of property or to Meat Market property; b) Any damage or injury caused due to a stallholders products not complying with any laws, regulations and standards or malfunctioning or not being fit for its purpose. You agree that You have no right to claim any compensation against Us for any loss or damage that You may suffer however arising from Your involvement with Our festival.
Public Liability Insurance is required for all Stallholders, with a minimum of $20,000,000 Australia wide for any one occurrence. Public Liability Insurance protects You and Your business/product against the financial risk of being found liable to a third party for injury and loss or damage of property and is essential for everyone exhibiting at the festival. We recommend that Your insurance should also cover for all risks in relation to product liability, property, theft, employer liability and workers compensation insurance for staff, losses or wasted expenditure in the event of the Melbourne Tea Festival being abandoned or curtailed. You agree to provide Us with a copy of Your Public Liability certificate of currency prior to the festival.
Limitation of liability
You agree that We are not liable for any direct, indirect or consequential damage, loss or harm suffered by You, Your staff, Your property and representatives that may result from Your participation in Our festival. This includes physical, psychological and economic harm. We are not responsible for any claims, actions, demands or suits that You may face as a result of Your conduct.
You agree to indemnify Us (and Our agents, contractors and employees) against any cost, expenses, loss, damage or harm suffered by Us resulting from any claims, actions, demands or suits that may be made against Us as a result of Your conduct including but not limited to any third party allegations of infringement of Intellectual Property Rights against You by any third party and public liability claims relating to Your Stall.
Visitors and customers of the Melbourne Tea Festival as well as those of Meat Market must be treated with courtesy at all times and in accordance with fair trading practice. Stallholders must not insult or intimidate anyone including other Stallholders, customers, visitors or staff. Failure to comply may result in the immediate closure of Your Stall. You must not engage in any conduct that is disruptive or inconsistent with the purpose of the Melbourne Tea Festival, including encouraging visitors and Stallholders to purchase or view Your goods and services at other market events or locations.
We don’t get directly involved with disputes between Stallholders including disputes relating to the Intellectual Property rights of others. By participating in the festival You agree that the details of any such disputes will be confidential for the duration of the festival (with the exception of You seeking legal advice). Further, You must seek to resolve any disputes through Your own independent means with the other party outside festival hours.
You warrant that all products sold in Your Stall and any related promotional materials: a) Comply with relevant safety laws and regulations, including but not limited to, occupational health and safety laws and any guidelines, rules and regulations, which are specific to the Venue which may change from time to time and in any event, comply with the terms of the Stallholders Guide; b) Do not infringe any third party rights including Intellectual Property Rights; and c) Do not contain material that is abusive, defamatory, hateful, discriminatory, racist, sexist, offensive, misleading or deceptive or is otherwise unlawful in any manner.
If You breach any of these Terms, We reserve the right to cancel Your booking to exhibit, reallocate Your Stall space, require You to pay the cost of our actions and remove You from the festival. You agree to indemnify Us against any costs We incur arising from Your breach. You further agree that if You breach these Terms, You forfeit the right to any rebates, refunds or compensation arising from, amongst other things: cancellation of Stall allocation, alteration of the position of Your Stall allocation, alteration of set up time or change of size of the Stall allocated to You.
In the course of marketing and promoting the Melbourne Tea Festival, We may wish to reproduce or refer to images of You, Your brand, Your Stall and/or Your products. In this event, We ask You to provide Us with various materials for the promotion of Your business including images of Your trade marks, photographs of Your goods and the like. By supplying Us with these materials, You grant Us a non-exclusive, royalty free license to use the materials for the agreed purpose and warrant that the materials do not include any third party Intellectual Property Rights.
a) Interpretation: In these Terms headings are for convenience only and do not affect interpretation; defined Terms have the meaning ascribed to them; words denoting the singular number includes the plural number and vice versa. b) Relationship: The parties The Melbourne Tea Festival and Stallholders are independent contracting parties and nothing in these Terms will make either party the employee, partner, agent or legal representative of the other for any purpose whatsoever. Nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other.
c) Assignment: The rights and obligations arising under these Terms are personal to the Stallholder. The Stallholder must not assign, license, sub-license or transfer all or any part of the Stallholders rights and obligations under these Terms without the prior written consent of the Melbourne Tea Festival.
d) No implied waiver: The failure of the Melbourne Tea Festival to require performance by You of any obligation arising under these Terms will in no way affect the right of the Melbourne Tea Festival to require such performance at any later time. If the Melbourne Tea Festival waives a breach by You of any obligation arising under these terms, such waiver will not constitute a waiver of any later breach of the same or any other obligation under these Terms.
e) Severability: If any provision of these Terms is or becomes invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, the invalid provision will be severed from these Terms and the remaining Terms will remain in full force and effect.
f) Entire agreement: These Terms and the Stallholders Guide constitute the entire agreement between the parties with respect to its subject matter and supersedes all prior oral or written representations and agreements and the parties expressly agree that neither has relied on pre- contractual conduct or representations of the other party in entering into these Terms.
g) Variation: No alteration, modification, change or variation of any of these Terms will be binding upon either party unless in writing and signed by a duly authorised representative of each party.
h) Location: The parties agree that these Terms are governed by the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of that State.
· “Stallholder” refers to any person and/or company including any staff, contractors, agents or representatives who have applied or participate in a Stall space in the market place area of the Melbourne Tea Festival held at Meat Market, at 5 Blackwood Street North Melbourne VIC 3051 on 21 July 2019, under these Terms, and has been granted a Stall space.
· “Stallholders Guide” means the document We provide You, which sets out general guidelines about Stalls and other information relating to the festival including set up procedures, preparing for the festival, emergency procedures and important contact numbers.
· “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks (registered or unregistered), designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity.
· “Stall” means a space that you hold as a Stallholder in the market place area of the Melbourne Tea Festival held at 5 Blackwood Street North Melbourne VIC 3051 on 21 July 2019.
· “The Melbourne Tea Festival” means the festival event held at Meat Market, at 5 Blackwood Street North Melbourne VIC 3051 on 21 July 2019.
· “Venue” refers to Meat Market.
· “We/Us/Our” refers to Tea Festivals Australia trading as the Melbourne Tea Festival.
· “You/Your” refers to You personally and Your company and (if applicable) any staff, contractors, agents or representatives that have applied for a Stall at Our festival to display and sell goods.