Declaration by Stall Applicant
Please accept this Application as an expression of interest to hire a stall at the Australian Sikh Games in Coffs Harbour from 3 April to 5 April 2015 (“the Event”).
A. By completing this form, I have applied to the Organising Committee to hold a stall at the Event.
B. If the Applicant is a Company, the Application has been made jointly and severally by the Company and its Directors.
C. In support of my Application, I have completed the details below.
D. In consideration of the Organising Committee agreeing to provide a site to me to hold a stall at the Australian Sikh Games, I agree to be bound by and comply with the terms and conditions set out below.
E. A Director of a Company who signs this form agrees that he is signing in his or her personal capacity, as well as, a Director on behalf of the Company.
F. Submission of an Application does not guarantee a stall will be provided by the Organising Committee unless written confirmation is provided by the Organising Committee to the Applicant that the Application has been approved.
G. The stall will be allocated on a first-come, first-served basis by the Organising Committee and its decision will be final.
H. The Organising Committee is not taken to enter into this agreement until it executes the same.
I. FEES and CHARGES:
We require a deposit in the sum of $2,000.00 by way of direct bank transfer or deposit of a cheque into our account (BSB: 065507, Account No: 10190474).
The deposit includes a security and cleaning bond of $500.00, which may be refundable after the Event if all conditions are met.
Payment must be received by the Organising Committee at least 20 business days prior to the Event.
II. EQUIPMENT PROVIDED
1.Each stall, a site of three meters by three meters (3 x 3m), will be provided with the following:
(a) two (2) chairs;
(b) one (1) Tables;
(c) one (1) powerpoint
2. An additional 3-phase connection is possible at an additional cost of $75.00 each, with prior arrangements and a notice must be given at least 20 business days prior to the Event.
3. Cool room is mandatory for each food stall to have on the days of the Event.
4. Other equipment and cool rooms can also be hired on cost basis.
5. All electrical equipment, including but not limited to leads, must be tagged and certified as per current state legislation.
6. Any uncertified equipment or leads must not be used on the days of the Event.
III. OUTDOOR EVENT
The Event is an outdoor event, and accordingly, the Event is subject to any adverse weather conditions, for which the Organising Committee is not liable.
IV. TERMS OF ALLOTMENT:
1. The stalls must only operate between the hours of 9am to 5pm.
2. At the end of the Event, applicants must leave the stalls in a clean condition, including removal of all waste and no residue left behind.
3. The Organising Committee will determine whether the bond will be made refundable to the applicant, and the decision will be final. The Organising Committee’s decision will be based on the condition of the stall at the end of the Event, and whether there were any damages to the stall or equipment hired.
V. SET UP TIMINGS/ PACK UP TIMINGS
1. Delivery time to set up the stalls is strictly between 7.00am to 9.00am on the first day of the Event.
2. Members from the Organising Committee will assist the Applicant in finding the site and ensure all connections are available. The Applicant must be equipped with a trolley or other means to carry its supplies to the stall.
VI. TERMS RELATING TO STALL
1. The Applicant may arrange for any display boards, tagged extension cords, and/or power leads.
2. The Applicant may arrange for their own signs, which must not be larger than two hundred centimetres by ninety centimetres (200cm x 90cm) in size.
3. The Applicant must comply with the rules and regulations of Council or other relevant venue operators, including but not limited to all written and verbal instructions that may be given by the Organising Committee, Council or venue employees, and other officials and the event managers.
4. The Applicant must accept and comply with any decision made by the Organising Committee, including but not limited to matters regarding the terms and conditions contained herein.
5. The Applicant must have adequate public liability insurance to cover all operations from the stall and the quality of all products supplied from the stall. The Organising Committee will not be liable for any operations from the stall, and/or for the quality of all products supplied from the stall.
6. The Applicant must have its own accident and personal insurance to cover its property, its employees and itself for the entire duration of the Event.
7. The Applicant must be considerate and flexible with neighbouring stall holders, and the Officials.
8. The Applicant must not act in any way that may affect the reputation of the Organising Committee or the Australian Sikh Games, including but not limited to the Applicant’s behaviour, language, expression, conduct and participation. If at any time during the event, the Organising Committee determine, at their sole discretion, that the Applicant’s actions may affect the reputation of the Australian Sikh Games, the Applicant will be required to immediately cease such action, including leaving the premises and forfeiting the bond.
9. The Applicant must comply with the applicable legislation and rules relating to Occupational Health & Safety and may be required to attend an OH&S session run by Council on a date and time as advised by the Organising Committee.
10. The Applicant must comply with the terms and conditions contained herein, the applicable legislation and rules relating to food, including but not limited to the regulations of Council.
11. The Applicant accepts that additional charges will be imposed by the Organising Committee as deemed necessary by them, for any damage caused by the Applicant, including but not limited to oil spillage, rubbish, damage to surface or marquee, and missing items, and will be deducted from the bond money.
VII. LIABILITY
The Applicant does not have under any circumstances any cause of action against or right to claim or recover from Organising Committee, the Officials and any volunteers for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by:
(a) any breach of these terms and conditions; or
(b) any fact, matter or thing relating to the stalls; or
(c) any defect in material or preparation of, or any other defect whatsoever in, or unsuitability for, any purpose of the food or any part of the food, supplied by the Applicant;
or
(d) by default or negligence on the part of Organising Committee, officials and any volunteers or of any employee, contractor or agent of the Australian Sikh Games, or of any person for whom the Organising Committee has legal responsibility relating to the supply of, or otherwise concerning the stall, the site, or any part of the stall.
VIII. FORCE MAJEURE
1. If by reason of any fact, circumstance, matter or thing, including but not limited to industrial disputes, default of suppliers, compliance with governmental order or request, sabotage, rebellion, fires, flood, breakdown of plant or machinery, beyond the reasonable control of the Organising Committee or the Applicant either is unable to perform in whole or in part any obligation under this agreement that party is relieved of that obligation under the terms and conditions contained herein to the extent and for the period that it is so unable to perform and is not liable to the other party to this agreement in respect of such inability.
2. Any delays in or failure of performance of either the Applicant or the Sikh Games Organizing Committee shall not constitute default under this agreement or give rise to any claims for damages.
3. In the event of any unforeseen circumstance, including but not limited to the incumbent weather, or declared emergency by Council or the Organising Committee or the Applicant is unable to perform in whole or in part any obligation under the terms and conditions contained herein, that party is relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and is not liable to the other party to this agreement in respect of such inability.
XI. INDEMNITY
1. The Applicant shall indemnify and keep indemnified the Organising Committee and any of its subsidiaries, affiliates, director, officers, agents, employees, volunteers, authorised representatives and consultants, against all and every claim, demand, action, suite, cost (including any solicitor costs calculated on an indemnity basis), loss or proceeding of whatsoever nature and however they shall be brought by any third party or on behalf of any third party including any solicitors costs calculated on an indemnity basis arising out of or incidental to the carrying out of the carrying out, completion or execution of the services for any reason or by any act or omission or fault or negligence by the Organising Committee or any of its suppliers, subcontractors, consultants or any other person acting on or purporting to be acting by the Organising Committee’s direction or control or on behalf of the Organising Committee.
2. This indemnity shall specifically extend to and include an indemnity by the Applicant to the Organising Committee for damage to property and injury to or death of any third party including any person who is employed by or acting under the direction or control of the Applicant.
X. GOVERNING LAW
This agreement shall be governed by the laws of New South Wales in force from time to time, and the parties agree to submit to the jurisdiction of the Courts of that State.
XI. INVALIDITY
If any clause or part thereof contained in this agreement shall be judged to be invalid for any reason whatsoever such invalidity shall not affect the validity or operation of the remainder of this agreement and such invalid clause or part there of shall be deemed to have been deleted from this agreement.
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