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We are Australia’s leading Strategic Marketing, Brand Management, Events & Activations, Culture Communications, Economic Development and International Promotions company.
Our recent focus is economic development and precinct activations of governmental venues, major events and various large-scale event and sporting venues throughout Australia.
32 Ricketty St.
Mascot NSW 2020. Australia
Each contractor must comply with the below Specific and the General terms and conditions provided.
THE PARTIES AGREE as follows:
DEFINITIONS AND INTERPRETATION
In this Agreement:
Catering Conditions means the terms and conditions for providing food and beverage catering services at the Event. The current conditions are set out in the Schedule to this Agreement.
Site means venues, facilities and event organisers.
Event means all events and activities that are held at the precinct of the site/s.
Service means the provision of high-quality food and beverage services to third parties or client/s of the Company on behalf of the Company.
Outlet means the provision of catering unit for the purpose of commercial retail or catering services including but not limited to food truck, food cart, pop-up marquee and food stall.
Exclusive means non-competition, non-circumvention and non-disclosure from the Vendor which extends to obligation of the Vendor to work under the Company in providing services to the Site for events.
1.1. The Contractor must offer and display beverages for sale. Selling of exclusive beverage products purchased from the company is mandatory (RRP will be set). No sampling is allowed. Permissible brands of beverages may be restricted due to commercial arrangement. The Company will inform the contractor prior to start of each event.
1.2. As per our Sustainability and Environmental commitment and consistency of our practice, each vendor must use biodegradable and environmentally-friendly packaging products purchased from the company for both food and beverage service. The practice of reusable, recyclable and waste-minimisation initiatives must be exercised during event participation.
1.3. No Contractor is permitted to trade and to promote brands and/ or companies which conflict with official sponsors, events or event partners of the events.
1.4. No materials, display items, waste materials or objects owned by the Vendor are to be placed outside the confines of the vehicle/ stall.
1.5. Contractor must remain open for trading unless under exceptional circumstances, such as bad weather and following direction from the organiser, the Contractor may be allowed to close earlier. As all fees have been taken in consideration of average throughout the event hence all fees are non-refundable.
1.6. Contractor shall be responsible for any damage to but not limited to event infrastructure, buildings, footpaths, pavement etc.
1.7. Dangerous or harmful merchandise are banned. Any Vendor not complying with this condition will be removed from the Event.
1.8. Each Contractor is required to keep the site surrounding the vehicle/ stall clean at all times and must remove all waste and garbage from the surrounding event site. Automatic penalty equal to full bond fee will be charged.
1.9. Unless paid and specified on the Event Agreement and Order Form, no electricity or generator or cold refrigeration will be supplied by the Company.
1.10. All equipment including but not limited to electrical appliances, fire extinguishing appliances and gas cooking equipment used in the vehicle/ stall must have current tags showing they are valid and have been tested 30 ( thirty) days prior to the event day by qualified electricians, plumbers, gas fitters or fire services company.
1.11. The Contractor acknowledges that the Event fees or the fees for the right to trade at the event are the full payment of fees stated on the Fees agreement or on the invoice AND is the greater of the following amount: (a). The daily minimum event fee (b). 22%+GST of vendor's total gross turnover of all sales. The Vendor agrees that the daily minimum event fee is non-refundable and must use the provided Point of Sale and/ or Merchant terminal devices supplied by the company. The Vendor must return all POS equipment back to the company at the end of each trading day in working condition or otherwise $1200+GST automatic replacement cost will be charged.
1.12. Each Contractor is responsible under the Work Health and Safety Act 2011 and its regulations to ensure the health, safety and wellbeing of all who come in contact with the vehicle/ stall site.
1.13. Each Contractor must comply with all relevant laws, Australian Standards, regulations and guidelines that are applicable to the Event including Work Health & Safety legislation and food safety requirements set by Council Health Unit where the event operates.
1.14. The Contractor is responsible for the safety of staff, crew, suppliers, other agents involved; for their own personal security and property; for their own cash handling management; for any injury or damage to person or property that occurs during the event/s which arises from the Contractor’s own fault, act or omission.
1.15. If any strike, act of God, inclement weather, or any other event beyond the reasonable control of you or us, which prevents the Vendor from occupying the Site for the licence period in full or in part, then it will be at the risk of the Contractor, and the Organiser will not be obliged to refund any part of the Fee to the Contractor.
1.16. The Company accepts no responsibility for any damage or injury to any Vendor’s personnel, equipment or property before, during or after the Event. The Contractor releases the Company and any other agents involved, from any claims, actions or losses arising from the Vendor’s own fault, act or omission during participation in the event/s.
1.17. The Contractor agrees that strict penalty of $1000+GST will be applied for each offence at each time for non-compliance of the items set out in this Operational Agreement.
The Contractor will at all times in relation to providing and/or proposing to provide, the Service to the event:
3.1 Each party warrants to the other party that:
4.1 The Vendor acknowledges and agrees that it will be the one of the Vendors whom provide the Service to the Event.
4.2. The Vendor will be liable for and will indemnify the Site, the Event and the Company against any loss, damage, cost, fine or expense relating to any environmental or site damage incurred at the Site, arising from or in connection with the Vendor performing the Services, including any damage caused by vehicles or chemical or oil contamination spills, at the Site.
5.1 The Vendor must provide evidence of:
5.1.1. public and product liability insurance with a minimum cover of $20 million
5.1.2. workers' compensation insurance in respect of all its employees and sub-Vendors as
required by law.
5.1.3. Safe work method statement
5.2 The Vendor must provide evidence of its compliance at least 30 (thirty) days before the start of the Event.
Each party shall treat as confidential all information regarding the business or affairs of the other party that comes into its possession as a result of or in the performance of this Agreement. Each party agrees to take reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information of the other party. Neither party shall disclose confidential information of the other party to any third party without the written permission of the other party, unless required to do so by law or applicable listing rules. The operation of this clause shall survive the termination of this Agreement.
The Vendor shall not disclose to any third party any details regarding the Company’s business, commercial terms, the content of the Service Agreement, including, without limitation any information regarding any of the Company’s customer information, business plans, or price points (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.
Immediately upon termination of the relationship between the Company and the Vendor, the Vendor shall return to the Company any documents pertaining to the Company’s business or any of its trade secrets which are in the Vendor’s possession.
The Vendor acknowledges and agrees that the Company is the exclusive entity in providing its services to the sites and events. The Vendor agrees that any queries, correspondences, communications initiated by the Sites and/ or the events that the companies have its existing or prior dealing, contract or arrangements, will be directly forwarded to the Company. The Vendor agrees that provision of the Vendor’s service to such sites and events will be strictly under the services provided and arrangement by the Company.
The Vendor shall not directly or indirectly circumvent, avoid, by-pass or obviate the Master Caterer’s relationship with any Third Party, nor the Vendor shall directly or indirectly contact, deal with, transact with or otherwise be involved with any Third Party.
The Vendor shall not directly or indirectly compete, contact, create and arrange any or similar arrangement or provision of service to the site and the venues arranged by the Master Caterer.
The address of each party as referred to in this Agreement shall be the address of that party for service of notices or other communications hereunder which may be effected by personal delivery or by post, and if by post the date of service shall be deemed to be the day after the day of posting. Any variation of this Agreement will be in writing and signed by each of the parties.
6.6. APPLICATION OF THE AGREEMENT
This agreement is applied for all the events that are conducted by the Company. It is duties of the Contractor to disclose and update any information and compliances including but not limited to Certificate of Currency, Certificate of Compliance and updated renewal of compliances.
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