- Stalls will be allocated at our discretion. We may refuse and alter applications and decline requests.
- The CBR Woman co-ordinator will endeavour to grant you your preferred stall area but there is no guarantee and it will depend on allocations granted to prior bookings
- Preference for stall allocations will be granted to Stallholders with a prior booking
- Grant of licence, inclusions and term
- We grant you an exclusive licence to use the Site during the Term. We also grant you Exclusivity (so will not on-board any similar products or brands) where indicated, in the Schedule.
- will make available to you the Power (if any) and Tressel Table at the relevant time; and ensure you have access to the Venue and the Site during the Term.
- You must only use the Site to conduct your business and not for any other purpose. You must not sublet any part of the Site during the Term without obtaining our prior written consent. You must ensure all your equipment is kept within your Site.
- We will also promote your business with 1 social medial tile and story, feature in the markets directory on our website, and provide general promotion via local media platforms.
- You must pay:
- the Deposit at the time of booking to secure the Site on the Event Date.
- The remainder of the Hire Fee on or before the Due Date.
- All Fees are inclusive of GST.
- Any late payments incur a 5% late fee.
- Changes and cancellations
- If, for any reason, you need to change or cancel your booking, you must notify us immediately.
- Where you provide 14 days or more notice of a cancellation you will be entitled to a full refund, including your Deposit.
- Where we receive less than 10 days’ notice the Cancellation Fee will apply.
- Where we receive less than 5 days’ notice we will retain the full Hire Fee.
- Where you or a member of your household are suffering from COVID-19 symptoms, including but not limited to fever, dry cough or sore throat we require you to notify us immediately. In this case, we may permit you to rebook the Site for an alternate event, in which case the Deposit will be retained by us and applied to the new booking. Where there is no alternate date, we will retain the Deposit.
- We may suspend or cancel any part of or all of the Event if in our opinion it is necessary due to inclement weather (or anticipated inclement weather) or to avoid exposing any person to danger or if directed by the police, fire brigade or other relevant authority (including the owner or operator of the Venue) or in relation to COVID-19 restrictions.
3.5 Where the Event has commenced, we are not required to refund you any amount paid by you to us. Where we cancel or postpone the event and it has not commenced, we will transfer your booking to the next available Event, or if you are unable to attend on the next available event date, a refund will be available. No Deposits will be refunded as steps will have been taken in relation to promotion and the set up. Please request a refund of any other fees within 7 days.
- Your warranties
- correct and current information to us, and provide all information we require;
- hold public liability insurance for a minimum of $10million per occurrence and will provide us with a copy of the certificate of currency of insurance on request;
- will comply, at your own cost, with all applicable laws and regulations relating to the conduct of your business, and the use of the Site;
- will ensure that all Associated Persons are made aware of the Venue’s evacuation procedures and comply with those evacuation procedures during the event of an emergency or otherwise;
- will ensure that you and all Associated Persons will not do anything which may bring us into disrepute or make adverse or disparaging comments about us in the media or to the general public;
- will ensure that all Associated Persons will not cause any damage to the Venue; and
- will only sell the Products/Services to be sold and will not sell any second hand, broken, damaged or poor quality goods.
- You must not, and must ensure the Associated Persons do not do anything that may cause any authorisation or licence in respect of the Venue or the Event to be forfeited, suspended or not renewed.
- You must not do or permit any of the Associated Persons to do anything which would render any insurance effected by us or you to be unenforceable.
- You are solely responsible for collecting payments for sales whether via EFT or cash.
- Your obligations re laws and licences
- You must:
- observe and comply, and ensure that all Associated Persons observe and comply with:
- our Code of Conduct; and
- All statutes, regulations, by-laws or other requirements of any government, municipal or statutory authority applying to the Venue.
- obtain at your expense and produce to us upon request, all permits and licences under any government, municipal or statutory authority or legislation required in order to conduct your business at the Event. This includes, but is not limited to, any food licences from the Council and any food safety supervisor certificates, and any licences for copyrighted materials.
- observe and comply, and ensure that all Associated Persons observe and comply with:
- You must:
- Your obligations re equipment and set up
- You must:
- provide all equipment required to efficiently and properly operate your business from the Site, including your own table (where you elect not to hire one), chairs and gazebos; and ensure that all equipment is in good repair and condition;
- ensure that all applicable electrical and other equipment is tested and tagged by a suitably qualified person and has a current “test and tag” label;
- ensure that any marquee, tent or gazebo is appropriately secured to solid ground by way of weights or sandbags (not pegs); and
- arrive and set up your business at the Site as directed by us and within the indicated timeframe.
- You are responsible for any equipment you bring into the Venue including any equipment supplied by a third party for the Event.
- You must:
- Your obligations re conduct of your business
- You must:
- operate your business at the Event on the Event Dates and during the Event Times;
- conduct and manage your business at the Event in a proper and orderly manner;
- ensure proper supervision of all Associated Persons and nominate an authorised and responsible representative on Site who will co-ordinate all communications with us and be contactable for the duration of the Term;
- not leave the Event early; the business must be set up for the duration of the Event Time.
- You must not, and must ensure that Associated Persons must not:
- engage in any riotous, disorderly, drunken, improper or unlawful conduct;
- use the Site for anything that constitutes a nuisance or a danger to any other person.
- You must:
- Your obligations re Venue
- You must not, and must ensure that the Associated Persons must not (without our prior written consent):
- bring into the Venue any firearms, explosives, inflammable liquids, hazardous materials or drugs;
- bring into the Venue any smoke machines, misters, hazers, foggers, foamers, oil-crackers, dry ice or fluid, dry density machines, pyrotechnics or similar atmospheric altering equipment, confetti, glitter, powder dust or other such substances, whether manually dispersed or by a discharge mechanism;
- remove or obscure, whether directly or indirectly, any signage;
- install any production lighting or sound equipment;
- mark, paint, drill into or otherwise deface any part of the Venue or make any alteration or fix any item to the structure, fittings, decorations or furnishings of the Venue or the Site;
- bring any vehicles into the Venue or Site; or
- block or obscure emergency exits, emergency lights or fire protection equipment.
- You must and must ensure that the Associated Persons:
- use the Venue and the Site in a safe and proper manner so as not to create any risk of injury or damage to person or property; and
- comply with all our reasonable directions in connection with the safe and proper use of the Venue and the Site.
- You agree that we may refuse admission to or remove any person from the Venue, including any of the Associated Persons at any time, regardless of whether the Event is in progress or the Associated Persons are in any way essential to your business.
- You must not, and must ensure that the Associated Persons must not (without our prior written consent):
- Your obligations – leaving the Site
- Upon completion of the Term, you are required to leave the Site and the Venue in a clean, safe and proper condition, and remove all equipment within the agreed timeframe.
- You must report to us any damage to the Venue or the Site or other equipment, facilities and services provided by us or at the Venue sustained during use by you, any Associated Person or any persons attending the Event, immediately upon becoming aware of the damage.
- If you fail to remove your equipment, we may store your equipment at your cost. Where you fail to collect your equipment within a reasonable period of time, we will dispose of your equipment and we are not liable to you for any associated losses.
- Marketing, promotion and sponsorship
- We recommend that you market your business and the Event to your current client base via social media.
- You must seek our prior written consent for any use by you of our name, logo, image, trade-marks or other intellectual property in any advertising or promotional material.
- You must not erect or place any flag, banner or other signage in or around the Venue without our prior approval, which may be given or withheld at our sole discretion. Without limitation, approval will not be given for any signage which is likely to detract from the appearance of the Venue, is potentially unsafe or which may cause any damage to the building, fittings or furniture within the Venue.
- Our Rights
- access all areas of the Venue at all times;
- take all actions and make all directions relating to the use of the Venue and the Site by you or the Associated Persons as we deem necessary;
- change the Event Date and the Venue; and
- change your Site at any time up until one hour before the event commencement time.
- You licence the Site and undertake your business solely at your risk.
- To the maximum extent permitted by law, we are not liable for any Loss or Damage suffered by you or any Authorised Persons in respect of or arising from or in connection with this Agreement, including but not limited to any damage to your equipment, merchandise or displays, loss in revenue, except if the Claim is a direct result of gross negligence by us.
- You are liable for all costs that may arise as a result of a breach of this Agreement by you, including but not limited to, any cost arising from the activation of smoke detectors as a direct result of any non-permitted activity generated by your business, and any costs associated with any damage to property as a result of not properly securing tents or gazebos, and any costs associated where you fail to vacate the Venue in the agreed timeframe.
- You further indemnify us against all Claims arising from or in connection with:
- your breach of this Agreement; and
- any negligence or you or the Associated Persons;
except to the extent that the Claim results from our gross negligence.
- Termination
- We may immediately terminate this Agreement if:
- you commit a breach of this Agreement and it is not rectified immediately after notice from us;
- there has been a material change in the information provided by you to us;
- you indicate to us that you are unable to operate your business in accordance with the terms of this Agreement;
- in our opinion, the manner in which you or any of your Associated Persons is using or proposes to use the Site is likely to injure or prejudice our reputation;
- you commit an act or engages in conduct which may, or does, seriously injure or endanger the life of any person; or
- you are or become insolvent or bankrupt.
- Upon termination all accrued Fees must be paid in full, and no refunds of pre-paid fees are provided.
- We may immediately terminate this Agreement if:
- General
- This Agreement (and any documents executed in connection with it) is the entire agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in this agreement, no party has relied on any representation made by or on behalf of the other.
- This Agreement does not create a tenancy or any other relationship between you and us other than that of licensee and licensor.
- We may vary the terms of this Agreement by giving seven (7) days written notice to You. You must give notice terminating this Agreement within seven (7) days of receipt of the notice from us, otherwise, you will be deemed to have agreed to the variation.
- A party waives a right under this Agreement only if it does so in writing. A party does not waive a right simply because they fail to exercise the right, they delay exercising the right or only exercise part of the right. A waiver of one breach of a term of this Agreement does not operate as a waiver of another breach of the same term or any other term.
- If a provision in this Agreement is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of the provision that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from this Agreement. This does not affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction.
- We may assign or otherwise deal with the benefit of any contract made pursuant to this Agreement without your consent.
- You may not assign their rights and obligations under this Agreement under any circumstances without first obtaining us’ written consent to do so. Any purported assignment not undertaken in accordance with this clause will be invalid.
- All contracts made between the parties shall be governed by and construed in accordance with the laws of the State of ACT. The parties agree to submit to the exclusive jurisdiction of the ACT courts for all purposes of or in connection with such contracts.
- This Agreement may be signed electronically and such electronic signature by You indicates your intention to enter into this Agreement in order to satisfy the requirements of s14(1) of the Electronic Transaction (ACT) Act 2001.
Associated Persons means any of your employees, agents, contractors, and guests or other persons engaged by or associated by you, but excludes members of the public;
Agreement means this stallholders agreement comprised of the Stall Hire Schedule and these Terms and Conditions;
Booking means a booking made by You to hire the Site;
Claim means any claim under statute, tort, contract or negligence, any demand, award or costs.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of enjoyment, personal injury, death, negligence, trespass, property damage and legal costs;
Term means the period from the start of the Event Times on the first Event Date to the end of the Event Times on the last Event Date;
We means The CBR Woman Pty Ltd [ACN 643 986 878 ] and includes any directors, officers, employees, agents, partners and contractors.
All other terms are defined in the Stall Hire Schedule.
COVID Release and Indemnity – for Stallholders and Associated Persons
HEALTH AND SAFETY RULES
The CBR Woman has endeavoured to maintain the safety of participants at the Event by encouraging maintaining social distancing where possible and implementing additional cleaning and hygiene practices. However, I acknowledge that I need to cooperate by getting a medical clearance for COVID-19 before the Event where I (or anyone in my household) have tested positive to COVID-19, or inform The CBR Woman immediately if I am sick and suffer COVID-19 symptoms before the Event or if I suffer any COVID-19 symptoms during the Event.
CURRENT RISKS OF COVID-19
I understand and acknowledge that:
- COVID-19 is extremely contagious and is believed to spread from person to person contact;
- The Event will involve close personal contact and The CBR Woman cannot guarantee my safety;
- I may be exposed to or infected by COVID-19 at the Event and that such exposure or infection may result in personal injury, illness, permanent disability, and death;
- the risk of exposure and infection extends to anyone with whom I have close physical contact, including members of my household (partners, children, parents and others);
- the risk of exposure and infection may result from the actions and omissions of myself and others.
I confirm that my participation in the Event is voluntary and that I knowingly assume all risks above. I agree to complete all screening questionnaires as required by The CBR Woman.
RELEASE AND INDEMNITY
In consideration of permission to participate in the Event, I accept sole responsibility for the risks above. I on behalf of myself, my spouse, my heirs, my parents or guardians, personal representatives, and assigns (“Releasing Parties”) release and indemnify The CBR Woman from and against all Claims in relation to my participation. This includes all claims based on actions, omissions, or negligence of The CBR Woman whether a COVID-19 infection occurs before, during, or after participation in the Event, however it does not apply to gross negligence, intentional or wilful misconduct arising out of exposure to COVID-19.
I agree that The CBR Woman is not liable for any Loss and Damage arising out of or in connection with my participation in the Event and/or any damage to third parties in connection with my participation.
This Release and Indemnity contains the entire agreement between parties, and supersedes any prior written or oral agreements between us in relation to the subject matter.This Release and Indemnity will continue in full force and effect even after the termination of the Event, whether by agreement by operation of law, or otherwise.
I, have read this Release and Indemnity and understand that I am giving up substantial rights, including my right to sue for damages in the event of death, injury or loss. I further acknowledge that I am voluntarily signing this Release and Indemnity, and intend my signature to be a complete release of all liability.
Event means all events conducted by The CBR Woman.
Claims means all claims, demands, debts, liabilities whether known or unknown in law or equity.
The CBR Woman means The CBR Woman Pty Ltd [ACN 643 986 878] and includes any directors, officers, employees and contractors and representatives.
Loss and Damage means any direct and indirect loss and damage, including, but not limited to any personal injury, illness, permanent disability, death, loss of enjoyment, psychological damage, loss of work, loss of reputation, loss of salary.