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VENDOR REGISTRATION

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AGREEMENT

Each Vendor must comply with the below Specific and the General terms and conditions provided.

DEFINITION

Bespoke Group International Pty Ltd and its subsidiaries (the “Company”) conduct various events or services at various times and sites. Each event or service organised is specified under each time and place (the “Event”).
The person or company identified as the vendor (the “Vendor”) wishes to participate in the event and has applied to the Company for the right to occupy space.
Upon acceptance of the Event’s application and registration by the Company, a binding contract is made between the Company and the Vendor on the date of acceptance of the application on the terms and conditions set out below.

SPECIFIC AGREEMENT

The Vendor must offer non-alcoholic beverages for sale. Selling of exclusive Redbull 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 - please further confirm with the organiser prior to start of event.

No Vendor is permitted to trade and to promote brands and/ or companies which conflict with official sponsors, events or event partners of the events.

No materials, display items, waste materials or objects owned by the Vendor are to be placed outside the confines of the vehicle/ stall.

Vendor must remain open for trading unless under exceptional circumstances, such as bad weather and following direction from the company, Vendor 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.

Vendor shall be responsible for any damage to but not limited to event infrastructure, buildings, footpaths, pavement etc.

Dangerous or harmful merchandise are banned. Any Vendor not complying with this condition will be removed from the Event.

Unless paid and specified on the Event Agreement and Order Form, no electricity or generator or cold refrigeration or any other decoration, accessories or equipment will be supplied by the Company.

All electrical appliances and equipment used in the unit and/ or the event must have current tags showing they have been tested by qualified electricians or plumbers.

All electrical appliances and gas cooking equipment used in the vehicle/ stall must have a current tag showing it has been tested by qualified electricians or plumbers.

The vendor acknowledges that the fees for the right to trade at the event are the full payment of fees stated on the Fees section within this 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.

Each Vendor is responsible under the Work Health and Safety Act 2011 and its regulations to ensure the health, safety and well being of all who come in contact with the vehicle/ stall site.

Each Vendor 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 the local council where the event is located.

The Vendor 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 Vendor’s own fault, act or omission.

The vendor acknowledges that the fees for the right to trade at the event are the full payment of fees stated on the Fees section within this agreement or on the invoice. Unless specified in the fee section that no commission is charged at the event, the fees for the right to trade at the event are the full payment of fees stated on the Fees section within this 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.

The vendor acknowledges that the vendor 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.

SERVICE AGREEMENT

RECITALS

The Company is the Organiser, the producer, master caterer and Event Manager, being a panel and contract provider on behalf of and for Venues, Facilities, Sites and Event organisers stated in this agreement and the successive agreement accepted by the Vendor from time to time.

The Company have been engaged by venues, facilities, sites, third party company and/ or event organisers for the purposes of being the master caterer for events and ongoing catering service provision and/or event management, activations, event productions.
The Vendor has been engaged by the Company to provide food and/ or beverage services either by commercial retail or catering services for the event and services required by the venues, facilities, sites and event organisers.
The parties agree to enter into an exclusive service agreement.
The parties add the following terms and schedule to the Services Agreement as they relate the licensee providing the Services during event on site.

THE PARTIES AGREE as follows:

DEFINITIONS AND INTERPRETATION

1.1 In this Agreement:

Event Conditions means the terms and conditions for providing products and 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 products and services to third parties or client/s of the Company on behalf of the Company.

Unit means the provision of physical structure for the purpose of commercial retail or incentive services including but not limited to stall, marquee, cart, food truck and food cart.

Item means an article or substance that is manufactured or refined for sale and an object or system made available for consumer use; it is anything that can be offered to a market to satisfy the desire or need of a customer.

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.

1.2. In this Agreement:

(a) ensure that it is a caterer | food business registered with the New South Wales Food Authority for food & beverage vendor;
(b) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(c) the meaning of general words is not limited by specific examples introduced including, for example or similar expressions;
(d) unless a contrary intention appears:
- (i) a reference to this Service Agreement or another instrument includes any variation or replacement of either of them;
- (ii) the single includes the plural and vice versa; and
- (iii) an agreement, representation or warranty on the part or in favour of two persons binds or is for the benefit of them jointly and severally
- (e) headings are inserted for convenience only and do not affect the interpretation of this Service Agreement.

OBLIGATIONS OF THE VENDOR

The Vendor will at all times in relation to providing and/or proposing to provide, the Service to the event:

ensure that it is a caterer | food business registered with the New South Wales Food Authority for food & beverage vendor.
ensure the Service is of a high quality with high quality equipment and supplies and is provided safely and efficiently at all times;
be solely responsible for operating the Service;
ensure the operation of the Service complies with the laws of all Australian and applicable international jurisdictions including without limitation, all industrial relations legislation, food law, occupational health and safety legislation and discrimination legislation;
ensure all waste in connection with the provision of the Service at the Event is disposed of in appropriate bins (ie cardboard/paper, glass/plastic, organic material and general waste) located at the Event and that the premises used by the Vendor to provide the Service is left empty, clean and tidy at the end of the Event;
accept and comply with the Event Conditions;
supply all equipment, products and labour sufficient to serve high volume and to deliver scope of work, ready to trade items, including (but not limited to) the following:
- Cold storage and display equipment
- Hot storage and display equipment
- Tables, benches
- Preparation and cooking equipment and utensils
- Point of Sale system
- Plan of Management
- Menu
- Staffing
- Hand wash stations (warm water), liquid hand-wash and food-grade sanitizer
will be required to report on the following:
- Total retail sales and gross revenue made from the participation at the event
- TTotal units of each item sold
- Incidents (injuries, safety, customer feedback including complaints)
is required to demonstrate an ability to produce and serve a minimum servings of total menu items within the required service period or trading times and event hours as specified for each event and sites.
must be operational ready for service at the specified and agreed time. All staff must be neatly presented and in uniform. Unless otherwise specified by the Company you are permitted to wear your own branded uniform.
must have a Safety Supervisor or Manager on site for the duration of the event.
is required to enter into a supply agreement with the Company, which requires the following:
- Business registration details
- Food Safety Supervisor Certification (including Food Safety Supervisors Certificate) for food & beverage vendors
- Public and Product Liability Insurance
- Workers Compensation Insurance
- Mobile Food Vending Permit for mobile unit including but not limited to food truck, food cart or food trailer or beverage unit.
- Temporary Food Stall Certification for food & beverage vendors.
- Plan of Management
- Menu or product item or service offering.
commits and agrees to the commercial terms set out in schedule of each site and event, including but not limited to:
1. Site Fee: The Vendor must pay the site fee set out by the Company to provide the services.
2. Gross Sales Report: The Contractor must provide proof of sales to the Company by way of a Z-Read post event along with gross sales by default at the end of each trading day or at the latest 17:00 PM EST on the following day for each trading.
3. Commission: The Vendor agrees and must pay the commission in full by the time set out in each Fee schedule. Unless otherwise set out for particular site or event, the default commission is 22% +GST from gross sales commission.

Commission: The Vendor agrees and must pay the commission in full by the time set out in each schedule. Unless otherwise set out for particular site or event, the default commission is 22% from gross sales commission.

acknowledges that the Vendor will be entitled to provide services at the site, and any beverage sales will need to follow the instruction under the Company and to comply with site contractual arrangement with beverage suppliers or sponsors be sold by the Vendor.
appoint a dedicated point of contact for the Company in relation to the Service

WARRANTIES

3.1 Each party warrants to the other party that:

(a) it possesses and will deploy the skills and experience necessary to perform its obligations under this Agreement;
(b) it will comply with all laws, regulations and licence requirements that apply to the performance of its obligations under this Agreement;
(c) it has the authority to enter into and perform its obligations under this Agreement; and
(d) this Agreement constitutes the legal, valid and binding obligation, enforceable in accordance with its terms.

INDEMNITY

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.

INSURANCE

5.1 The Vendor must provide evidence of:

(a) public and product liability insurance with cover of $20 million

(b) workers' compensation insurance in respect of all its employees and sub-Vendors as  required by law.

5.2 The Vendor must provide evidence of its compliance before the Event.

GENERAL

CONFIDENTIALITY

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.

EXCLUSIVITY

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.

NON-CIRCUMVENTION

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.

NON COMPETITION

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.

ADDRESS

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.

GENERAL TERMS AND CONDITIONS

The Vendor acknowledges that this General Terms and Conditions apply to each event or service organised by the Company. The Vendor may be issued with a separate Terms and Conditions and Event Information document/s which apply to each event and site the Vendor participates.
The Vendor acknowledges that the participation of the Vendor within each event organised by the Company is by Invitation Only. Submission of Event Application Form and any associated materials does not constitute acceptance of participation. The decision of final participation in each event remains at sole discretion of the Organiser and any decisions made by the Organiser are final and correspondence will be entered into.
The Vendor requests that the Company licence the space and/ or trading unit/s such as shell scheme/ marquee/ fete stall/ food truck/ cart specified to the Vendor for the period of each Event and the Company has agreed to grant such licence on the terms and conditions of each Event Contract.
The Vendor must pay to the Company the total amount set out in accordance with the agreed payment schedule. If any payment is not made by the Vendor in accordance with the agreed payment schedule for any event, the Company may, in its absolute discretion, terminate each Event Contract and resell or otherwise use the space allocated to each specified Event. In such circumstances:
1. the Vendor shall be liable to reimburse the Company’s costs and expenses arising directly or indirectly as a result of such failure to pay; and
2. the Vendor shall not be entitled to a refund of any monies paid in respect of specified Event Contract, and shall remain liable to pay to the Company all monies owing as at the date of termination, plus the next instalment amount due for payment by the Vendor.
If the Vendor wishes to cancel its participation in any Event or reduce the size of its allocated space, written notice must be given in writing to the Company. In the event of such cancellation or reduction in size, the Company is entitled to a withdrawal fee equal to the amount of all monies paid or payable by the Vendor to the Company before the date of termination, plus the next instalment amount due for payment by the Vendor. This withdrawal fee is a genuine pre-estimate of costs, loss and damage incurred by the Company as a result of the Vendor’s withdrawal. Payment instalments received by the Company from the Vendor for any allocated space that has been reduced in size cannot be offset against future payment instalments that are required to be made by the Vendor for the smaller space retained.
The Vendor must use the Event’s space only for activities that relate to the subject matter of the Event. All products and display material must be contained within the Event’s space.
The Vendor must comply with all requirements and procedures described or referred to in the Event Information Manual issued by the Company prior to the holding of the Event, and all directions or instructions issued by the Company in relation to the Event or the performance of each Event Contract.
The Vendor must not damage the floor of the Event venue that is occupied by the Vendor, or any walls of the Event venue that adjoin the Vendor’s space.
The Vendor must comply with all laws applicable to the holding of each Event, including all rules and regulations stipulated by the Event venue and any other regulatory body that exercises control over the Event.
The Vendor must keep clean and tidy the space allocated to the Vendor to the satisfaction of the Organiser.
No lottery, raffle, guessing game, competition, game of chance or side-show in any type of collaterals or material or medium shall be conducted by the Vendor in its allocated space without the prior consent of the Company.
The Vendor must not make use of any microphone, sound amplification, speaker or musical instrument at anytime without the prior written consent of the Company.
No electrical work may be undertaken by or on behalf of a Vendor without the prior consent of the Company, which consent will only be granted on the basis that the work is performed by a qualified electrical vendor approved by the Company.
The Company may, in its absolute discretion, refuse an Event application, cancel an Event Contract, relocate an Event’s space or amend the Event floor plan at any time, in the interests of maximising the success of each Event.
The Company may, in its absolute discretion, postpone or change the dates for the holding of the Event, shorten or lengthen the duration of the Event, change the hours during which each Event is open to visitors or change the venue of each Event.
The Company may require the Vendor to remove or stop any trading or provision of service or display or demonstration which, in the opinion of the Company, is creating a disturbance to each Event or is unlawful.
The Company does not warrant or guarantee and specifically excludes any liability to the Vendor in relation to:
1. any difference between the estimated and actual number of visitors to the Event;
2. any difference between the estimated and actual number of vendors or sponsors, or the identity of vendors or sponsors at each Event;
3. timeliness or quality of services, or failure or deficiency in the provision of services, that are the responsibility of the Event venue and its appointed vendors;
4. cancellation, postponement, part time opening or relocation of the Event;
5. cancellation, postponement, part time opening or relocation of any conference, seminar, speaker program or personality appearance that is scheduled to run in conjunction with the Event, or the failure of any particular speaker or personality to appear at the Event or related conference, seminar, speaker program or personality appearance;
6. any event or circumstances outside the Company’s control which impacts upon, prevents or limits the operation of the Event or the performance of the Company’s obligations under each Event Contract.

The Company:
1. excludes all terms implied by law to the extent permitted by law;
2. excludes liability for injury to or death of any person, damage to any Vendor property, and any indirect, special, economic or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss of anticipated savings incurred or suffered by the Vendor; and limits its aggregate liability to an amount that does not exceed the total amount payable by the Vendor under each Event Contract, in respect of the Company’s liability under or in relation to each Event Contract, the Vendor’s participation in the Event, the performance of each Event Contract or any activity contemplated by each Event Contract, whether for breach of contract, tort (including without limitation negligence) or under any statute or otherwise.

The Vendor indemnifies the Company against all claims, damages, losses and costs that the Company may in any way be subject to as a result of any loss or injury arising to any person, including other exhibitors, members of the public, Event staff, agents and vendors howsoever caused arising out of any act or default of the Vendor (including its officers, staff, workers, employees and agents) in connection with its participation in each Event.
The Company will not be liable to the Vendor for any loss suffered, nor be in default under each Event Contract for any delay, failure or interruption resulting directly or indirectly from industrial action, blackouts, fire, war, terrorism, SARS, civil or military unrest, explosions, earthquakes, floods, labour disputes, rain, bad weather, acts of God or any other event or cause beyond the control of the Company, or if the attendance at the Event is adversely impacted by any of the events or causes nominated by this clause. In all such circumstances the Company shall be entitled to retain all monies paid by the Vendor.
The Vendor must complete the set up and ready to trade and must remove all exhibits and other materials from the Event site as per details specified in each Event Information document.
If the Vendor has been allocated a space only stand, or if the Vendor wishes to display any material above 3 metres, the Vendor must submit design plans to the Company for approval at least 60 days prior to the commencement of each Event.
All Vendor’s products and equipment must be insured by the Vendor and the Company will not be responsible for, and expressly excludes liability for, any loss or damage to such products and equipment.
The Vendor agrees that none of the rights and benefits granted to it by the Company shall be capable of assignment and that it will not without the written consent of the Company allow any other person or company to occupy any part of the space taken by the Vendor pursuant to each Event Contract.
The Company may, at any time, assign or otherwise deal with any of its rights under each Event by giving written notice to the Vendor.
The Vendor must effect and maintain for the duration of the Event (including move-in and move-out) all insurances with a reputable companies on terms and conditions acceptable to the Company. At least 30 days prior to the commencement of each Event, the Vendor must provide the Company with a Certificate of Currency evidencing such insurance. The Vendor will not be permitted to enter the Event site without insurances in place.
The Vendor consents, under all relevant privacy legislation, to the disclosure of all Vendor contact information to vendors that are appointed by the Company to assist with the organisation of each Event, and the use of the Vendor contact information by the Company for the purpose of informing you of other products, services and events that are promoted by the Company and its related bodies corporate. If you would like to gain access to the information the Company holds about you, or if you do not wish the information to be used in this way, please contact the Company’s privacy officer at the Company address.
Each Event Contract is governed by the laws applicable in New South Wales, Australia and both the Vendor and the Company submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Waiver of a breach of each Event Contract or of any rights created by or arising by virtue of a default under each Event Contract must be in writing and signed by the party granting the waiver.
Variation of any term of the Event Contract must be in writing and signed by the parties.
All warranties and indemnities survive termination of each Event Contract.
No statement or representation about the Event or otherwise concerning the subject matter of each Event Contract may be relied upon by the Vendor unless expressly set out in these terms and conditions.

term and conditions *

By submitting this form I have read and agree that I will comply and abide with all of the Terms and Conditions of this Event participation including but not limited to all information given by the Company and have the authority to sign this agreement. I agree to pay the total cost of participation and acknowledge that all payments are non-refundable. I agree that the details stated on this form will be used for recurring participation and that the Company will be informed and supplied with valid documentation/s and will be disclosed for any changes to the details.

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The Artistry Night Markets

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