SUMMER FESTIVAL BOOKING CONTRACT – Terms & Conditions for Food Vendors

TERMS & CONDITIONS – BEERS AT THE BASIN

  1. Arada Promotions Limited is the Event Organiser (“the Organiser”) responsible for the Beers at the Basin Event (Festival).
  2. The company or person assigned to this agreement on the Booking Contract is the Vendor (“the Vendor”).
  3. The Organiser acting through the appointed officer shall be the sole judge of whether the following items have been adhered to in a proper manner. The decision of the Organiser shall in all respects be final and conclusive. If, in the opinion of the Organiser, a serious breach of these terms and conditions has taken place, the Vendor may be required to remove their equipment and in such a case all fees paid or due to the Organiser shall be forfeited.
  4. Beers at the Basin is scheduled to be held, as per the date on the booking contract, on Saturday 28th November, 2020. In the event of poor weather, the Festival may be rescheduled to the Sunday 29th November, the “Rain Date”. (vendors must be available for the “Rain Date” date).
  5. If the Festival cannot take place (in whole or in part) due to an event, circumstance, or situation outside of the Organiser’s reasonable control (including but not limited to any act of God, natural disaster, fire, flood, council or government sanction or order, actions or decisions of police or other authorities, act of terrorism, war or industrial action, or cancellation by the Venue owner, lessee or controller) (“Force Majeure Event”) then the Organiser may, at their sole discretion:
    (a) Postpone the Festival: Provided that the Festival is postponed within twelve (12) months of the original advertised Festival dates, the Organiser may continue to hold payment for the Vendors site and the Vendor shall not be entitled to a refund. Instead, the Vendor shall have the right to attend the postponed Festival. If the Festival is not postponed within the specified period above, it will be considered a cancellation in accordance with clause 2(b) below.
    (b) Cancel the Festival: If the Festival is cancelled by the Organiser due to a Force Majeure Event, then the Organiser may in their sole discretion elect to grant a refund (less any service fees).
  6. The parties agree that where it is impossible or unreasonably impractical for the Festival to take place due to any cause or event in connection with COVID-19 or any other communicable disease, it shall be treated as a Force Majeure Event, regardless of whether the parties could have reasonably foreseen the risk of such Force Majeure Event at the time of contract.
  7. Solely, the Vendor shall occupy the site space allocated under the Booking Contract.
    Such space shall not be re-allocated (sublet) or be occupied by any other company than that of the Vendor.
    The Vendor shall not encroach the general Festival area, alter the size, shape or position of their allocated site except in accordance with the prior written permission of the Organiser.
    No Vendor shall permit their Festival space to be used in such a manner as to conflict with the purpose of Beers at the Basin or the rights of other Vendors.
  8. The Vendor shall have the full right to advertise within the confines of their own stand. However, The Organiser reserves the right to prohibit any such advertising material or equipment which obstructs general flow, interferes with or obstructs neighbouring sites or is in the opinion of the Organiser a source of annoyance to others. No Vendor or employee thereof may canvas or solicit other than from their allocated Festival site.
  9. All food Vendors must be fully equipped to serve advertised menu items without selling out, for the duration of the Festival. Failure to observe this clause will result in a fine of $300+GST payable to the Organiser.
  10. The Vendor must not pack down their site until after closing time of the Festival. The Vendor must remove all their equipment from their allocated site during pack down. Any property remaining on site after this time will be removed by the Organiser at the Vendors expense.
  11. Utilities, Tables and other Extras are all additional costs that are chargeable to the Vendor at the price agreed by the Organiser. In the case where these costs are charged post Festival, the amount payable will be deducted before any turnover reimbursement is made to the vendor.
    Extra power reticulation to sites can only be supplied by the Organiser’s appointed electrician on application and at the Vendor’s expense.
  12. If for any reason the Vendor does not make any of the payments as specified on the due date, the Organiser may, at its discretion, proceed to re-let the site without being liable to account to the Vendor for any sum already paid or due from them without prejudice to the Organiser.
    The fixed site fee of $99.00 + GST is due 20th October, 2020.
    The 15% turnover fee will be deducted from vendor takings, before the final turnover reimbursement is made to the vendor.
    A minimum turnover fee charge of $400 will apply, no matter what the final turnover figure is.
  13. The Organiser shall be entitled to charge interest at the rate of 5% per month for every day that payments required from the Vendor remain outstanding, calculated on the balance due, up until the date payment is made, plus a one off admin fee of $50. The Vendor will be responsible for all debt collection costs (including legal fees) in the event payment is not made by the due date.
  14. If a Vendor decides to cancel their Beers at the Basin Booking, the Vendor may do so by giving a written notice to the Organiser. Cancellation charges will occur as per the following outline:
    1. If a cancellation is received 90 days or more from the date of the Festival then no cancellation charge will apply.
    2. If a cancellation is received between 60 – 89 days from the date of the Festival then a $99.00 + GST cancellation charge will apply.
    3. If a cancellation is received between 30 – 59 days from the date of the Festival then a $250.00 + GST cancellation charge will apply.
    4. If a cancellation is received inside 30 days from the date of the Festival then a $500.00 + GST cancellation charge will apply.
    5. Cancellation payment is due within 7 days of receiving written notice.
  15. The Organiser reserves the right to alter or amend site allocation and the site plan if required. The Organiser will allocate the site space at their discretion.
  16. If the holding of the Festival or the supply of any service is prevented, postponed or abandoned for reason of fire, storm, national emergency, strike, lockout, civil disturbance, acts of government, inevitable accident or any cause not within the control of the Organiser or should the Festival venue become wholly or partially unavailable for the holding of the Festival or if the running of the Festival is deemed uneconomic for any reason by the Organiser then the Organiser shall be at liberty to determine this contract. For the avoidance of doubt, the Organiser may, at their sole and unfettered discretion transfer this contract to any other similar Event within the next twelve months or waive any future liability under this agreement.
  17. Where the contract is determined under this clause 14 the Organiser shall be under no liability in any way whatsoever for any costs, expenditure, liability or consequential loss incurred by the Vendor. The Organiser may in its absolute discretion refund in whole or in part any payment made by the Vendor or shall hold or transfer any monies paid by the Vendor to a similar Event within the next twelve months or waive any future liability under this agreement.
  18. The Organiser shall not be responsible or liable for any damage claimed by any person or persons who may be injured whilst in the area allocated to the Vendor. The Vendor agrees to indemnify the Organiser for any loss suffered in the Festival of any claim made against the Organiser.
  19. The Vendor shall be liable for any damages caused to the venue, marquees, equipment, grass or fittings of the Festival site and infrastructure (“Festival equipment”). The Trustees / owners of the Festival site or infrastructure together with the Organiser shall be the sole judges as to whether damage has occurred.
    – In the case of damage caused by the Vendor, such damages will be remedied by deducting the costs from the vendor takings , with any subsequent charges invoiced directly to the vendor, due within 10 days of receiving the invoice.
  20. The Organiser shall not be liable or responsible for damage to the Vendor’s equipment or accessories caused by loss, damage, theft, fire, water, storms, riots or other cause whatsoever. Any goods left at the Vendor’s site is at the Vendor’s risk.
  21. Insurance: As a Vendor at Beers at the Basin you must hold Public Liability Insurance covering this particular event. Proof of this is required to be provided no later than one week before the Festival. The Organiser bears no responsibility for your legal liability.
  22. Notwithstanding anything contained in any part of these terms and conditions, it shall be the express responsibility of the Vendor to ensure that their site complies in all respects with such legal and local government requirements as may be in force at the time of the Festival. All Vendors must comply with all provisions of the Health and Safety in Employment Act 1992 and Health and Safety at Work Act 2015.
  23. The Vendor agrees the Organiser can photograph, record, promote, advertise and market the Vendor as part of the Festival, or any partner Festivals & Events, now and in the future. No financial remuneration shall be payable to the Vendor in this case. The Vendor may provide a written request to be excluded from such promotional aspects before the date of the Festival.
  24. The Vendor acknowledges that the Organiser will pass on information about the Vendor to contractors and/or promotional organisations prior to and after the Festival. The Vendor shall on signing this contract inform the Organiser if there is an objection to the transfer of information to third parties.
  25. If any clause no longer applies, eg if a court rules it invalid, the rest of the agreement will remain in place and will continue as if that clause had not existed. If any legal body alters a clause, their version of the clause will be used in the Terms and Conditions of this contract.

 

TERMS & CONDITIONS – WELLINGTON WINE & FOOD FESTIVAL

  1. Arada Promotions Limited is the Festival Organiser (“the Organiser”) responsible for the Wellington Wine & Food Festival (Festival).
  2. The company or person assigned to this agreement on the Booking Contract is the Vendor (“the Vendor”).
  3. The Organiser acting through the appointed officer shall be the sole judge of whether the following items have been adhered to in a proper manner. The decision of the Organiser shall in all respects be final and conclusive. If, in the opinion of the Organiser, a serious breach of these terms and conditions has taken place, the Vendor may be required to remove their equipment and in such a case all fees paid or due to the Organiser shall be forfeited.
  4. Wellington Wine & Food Festival is scheduled to be held, as per the date on the booking contract, on Saturday 13th February, 2021. In the event of poor weather, the Festival may be rescheduled to the Sunday 14th February, the “Rain Date”. (vendors must be available for the “Rain Date” date).
  5. If the Festival cannot take place (in whole or in part) due to an event, circumstance, or situation outside of the Organiser’s reasonable control (including but not limited to any act of God, natural disaster, fire, flood, council or government sanction or order, actions or decisions of police or other authorities, act of terrorism, war or industrial action, or cancellation by the Venue owner, lessee or controller) (“Force Majeure Event”) then the Organiser may, at their sole discretion:
    (a) Postpone the Festival: Provided that the Festival is postponed within twelve (12) months of the original advertised Festival dates, the Organiser may continue to hold payment for the Vendors site and the Vendor shall not be entitled to a refund. Instead, the Vendor shall have the right to attend the postponed Festival. If the Festival is not postponed within the specified period above, it will be considered a cancellation in accordance with clause 2(b) below.
    (b) Cancel the Festival: If the Festival is cancelled by the Organiser due to a Force Majeure Event, then the Organiser may in their sole discretion elect to grant a refund (less any service fees).
  6. The parties agree that where it is impossible or unreasonably impractical for the Festival to take place due to any cause or event in connection with COVID-19 or any other communicable disease, it shall be treated as a Force Majeure Event, regardless of whether the parties could have reasonably foreseen the risk of such Force Majeure Event at the time of contract.
  7. Solely, the Vendor shall occupy the site space allocated under the Booking Contract.
    Such space shall not be re-allocated (sublet) or be occupied by any other company than that of the Vendor.
    The Vendor shall not encroach the general Festival area, alter the size, shape or position of their allocated site except in accordance with the prior written permission of the Organiser.
    No Vendor shall permit their Festival space to be used in such a manner as to conflict with the purpose of Wellington Wine & Food Festival or the rights of other Vendors.
  8. The Vendor shall have the full right to advertise within the confines of their own stand. However, The Organiser reserves the right to prohibit any such advertising material or equipment which obstructs general flow, interferes with or obstructs neighbouring sites or is in the opinion of the Organiser a source of annoyance
to others. No Vendor or employee thereof may canvas or solicit other than from their allocated Festival site.
  9. All food Vendors must be fully equipped to serve advertised menu items without selling out, for the duration of the Festival. Failure to observe this clause will result in a fine of $300+GST payable to the Organiser.
  10. The Vendor must not pack down their site until after closing time of the Festival. The Vendor must remove all their equipment from their allocated site during pack down. Any property remaining on site after this time will be removed by the Organiser at the Vendors expense. Any vendor seen to be packing down or beginning to pack down early, before the close of the Festival, (7pm) will result in a fine of $300+GST payable to the Organiser.
  11. Utilities, Tables and other Extras are all additional costs that are chargeable to the Vendor at the price agreed by the Organiser. In the case where these costs are charged post Festival, the amount payable will be deducted before any turnover reimbursement is made to the vendor.
    Extra power reticulation to sites can only be supplied by the Organiser’s appointed electrician on application and at the Vendor’s expense.
  12. If for any reason the Vendor does not make any of the payments as specified on the due date, the Organiser may, at its discretion, proceed to re-let the site without being liable to account to the Vendor for any sum already paid or due from them without prejudice to the Organiser.
    The fixed site fee as noted in the booking contract is due 20th January, 2020.
  13. The Organiser shall be entitled to charge interest at the rate of 5% per month for every day that payments required from the Vendor remain outstanding, calculated on the balance due, up until the date payment is made, plus a one off admin fee of $50. The Vendor will be responsible for all debt collection costs (including legal fees) in the event payment is not made by the due date.
  14. If a Vendor decides to cancel their Wellington Wine & Food Festival Booking, the Vendor may do so by giving a written notice to the Organiser. Cancellation charges will occur as per the following outline:
    1. If a cancellation is received 90 days or more from the date of the Festival then no cancellation charge will apply.
    2. If a cancellation is received between 60 – 89 days from the date of the Festival then a 25% cancellation charge will apply.
    3. If a cancellation is received between 30 – 59 days from the date of the Festival then a 50% cancellation charge will apply.
    4. If a cancellation is received inside 30 days from the date of the Festival then a 100% cancellation charge will apply.
    5. Cancellation payment is due within 7 days of receiving written notice.
  15. The Organiser reserves the right to alter or amend site allocation and the site plan if required. The Organiser will allocate the site space at their discretion.
  16. If the holding of the Festival or the supply of any service is prevented, postponed or abandoned for reason of fire, storm, national emergency, strike, lockout, civil disturbance, acts of government, inevitable accident or any cause not within the control of the Organiser or should the Festival venue become wholly or partially unavailable for the holding of the Festival or if the running of the Festival is deemed uneconomic for any reason by the Organiser then the Organiser shall be at liberty to determine this contract. For the avoidance of doubt, the Organiser may, at their sole and unfettered discretion transfer this contract to any other similar Event within the next twelve months or waive any future liability under this agreement.
  17. Where the contract is determined under this clause 14 the Organiser shall be under no liability in any way whatsoever for any costs, expenditure, liability or consequential loss incurred by the Vendor. The Organiser may in its absolute discretion refund in whole or in part any payment made by the Vendor or shall hold or transfer any monies paid by the Vendor to a similar Event within the next twelve months or waive any future liability under this agreement.
  18. The Organiser shall not be responsible or liable for any damage claimed by any person or persons who may be injured whilst in the area allocated to the Vendor. The Vendor agrees to indemnify the Organiser for any loss suffered in the Festival of any claim made against the Organiser.
  19. The Vendor shall be liable for any damages caused to the venue, marquees, equipment, grass or fittings of the Festival site and infrastructure (“Festival equipment”). The Trustees / owners of the Festival site or infrastructure together with the Organiser shall be the sole judges as to whether damage has occurred.
    – In the case of damage caused by the Vendor, such damages will be remedied by deducting the costs from the vendor takings , with any subsequent charges invoiced directly to the vendor, due within 10 days of receiving the invoice.
  20. The Organiser shall not be liable or responsible for damage to the Vendor’s equipment or accessories caused by loss, damage, theft, fire, water, storms, riots or other cause whatsoever. Any goods left at the Vendor’s site is at the Vendor’s risk.
  21. Insurance: As a Vendor at Wellington Wine & Food Festival you must hold Public Liability Insurance covering this particular Festival. Proof of this is required to be provided no later than one week before the Festival. The Organiser bears no responsibility for your legal liability.
  22. Notwithstanding anything contained in any part of these terms and conditions, it shall be the express responsibility of the Vendor to ensure that their site complies in all respects with such legal and local government requirements as may be in force at the time of the Festival. All Vendors must comply with all provisions of the Health and Safety in Employment Act 1992 and Health and Safety at Work Act 2015.
  23. The Vendor agrees the Organiser can photograph, record, promote, advertise and market the Vendor as part of the Festival, or any partner Festivals & Events, now and in the future. No financial remuneration shall be payable to the Vendor in this case. The Vendor may provide a written request to be excluded from such promotional aspects before the date of the Festival.
  24. The Vendor acknowledges that the Organiser will pass on information about the Vendor to contractors and/or promotional organisations prior to and after the Festival. The Vendor shall on signing this contract inform the Organiser if there is an objection to the transfer of information to third parties.
  25. If any clause no longer applies, eg if a court rules it invalid, the rest of the agreement will remain in place and will continue as if that clause had not existed. If any legal body alters a clause, their version of the clause will be used in the Terms and Conditions of this contract.
Stay up to date: view our Current update's on all Events hereView Updates