By submitting an application and attending the Babinda Harvest Festival 2026 (“Festival”), all traders, caterers, food vendors, food vans, market stallholders, contractors, employees and agents (“Stallholder”) agree to be bound by these Terms and Conditions.

1. APPLICATIONS AND ACCEPTANCE

1.1 Applications must be submitted via the Babinda Harvest Festival online application system.

1.2 Applications for market stalls close one (1) week prior to the Festival unless all sites are filled earlier.

1.3 Acceptance or non-acceptance of applications is at the sole discretion of the Babinda Harvest Festival Committee (“Committee”) and will be based on information provided by the applicant.

1.4 The Committee reserves the right to reject any application without providing reasons. All decisions of the Committee are final.

1.5 Stall positions are allocated solely at the discretion of the Committee.

1.6 Stalls cannot be transferred, sublet, franchised, sold, shared or assigned to another person without prior written approval from the Committee.

1.7 Stallholders who fail to occupy their allocated site by the commencement of trading, without prior arrangement, may forfeit their site and any fees paid. The Committee reserves the right to reallocate unoccupied sites.

2. SITE LOCATIONS AND TRADING HOURS

2.1 Food Vendors / Food Vans

• Trading Location: Babinda Showgrounds
• Bump-in: Saturday from 9:00am to 1:00pm
• No vehicle access permitted after 2:00pm
• All vehicles must be removed from the Showgrounds by 2:00pm
• Bump-out: Following event closure
• All stalls, equipment and vehicles must be removed by 10:00am the day following the Festival
• Site fees – $200 per site
  
  

Parking is available in surrounding streets.

2.2 Market Stallholders

Location 1 – Munro Street Markets

• Trading Hours: 9:00am – 3:00pm
• Site Size: 2m x 3m
• Fee: $30 per site
• Multiple sites incur additional fees
• Tables and display stands permitted
• NO marquees permitted
• Bump-in: 6:00am – 8:00am
• Vehicles are not permitted to remain on Munro Street
• Bump-out: After 3:00pm
• Vehicles may enter after road closure to load and exit promptly

Location 2 – Bill Wakeham Park Markets

• Trading Hours: 3:00pm – 8:00pm
• Site Size: 3m x 3m
• Fee: $30 per site
• Multiple sites incur additional fees
• Marquees permitted
• Bump-in: 12:00pm – 2:00pm
• All vehicles must be removed by 2:00pm
• Bump-out commences approximately 8:30pm following fireworks and crowd dispersal
• Vendors may cease trading before 8:00pm but must not move vehicles until authorised

3. FEES, PAYMENTS AND REFUNDS

3.1 Food Vendors

• Food vendor site fee: $200 per site.
• Payment must accompany the application.

3.2 Market Stallholders

• Site fees are payable upon application.
• Munro St Market stall $30 per 2m x 3m site.
• Bill Wakeham Park Market stall $30 per 3m x 3m site.
• Payment is required to secure a booking.
• Fees must be paid within seven (7) days of acceptance unless otherwise advised.

3.3 Refunds

• If an application is rejected by the Committee, all fees paid will be refunded.
• If a stallholder cancels more than 30 days before the Festival, a refund may be granted less an administration fee.
• If a stallholder cancels less than 30 days before the Festival, no refund will be payable unless approved by the Committee under exceptional circumstances.
• Stall fees cannot be transferred to another person, business or event without written approval.
• If the Festival is cancelled in its entirety, stall fees paid will be refunded.
• Wet weather or reduced attendance does not constitute cancellation and does not entitle stallholders to a refund.
• Failure to pay fees by the due date may result in cancellation of the site allocation.

4. INSURANCE

4.1 Stallholders must hold Public Liability Insurance with a minimum cover of $20 million.

4.2 A current Certificate of Currency must be provided with the application.

4.3 It is the responsibility of each stallholder to ensure their insurance remains valid for the duration of the Festival.

5. APPROVED PRODUCTS

5.1 Stallholders may only sell products approved by the Committee through the application process.

5.2 Requests to add products must be submitted in writing and approved by the Committee before sale.

5.3 All products must comply with relevant laws, standards and regulations.

5.4 Products and stall presentation must be maintained to a high standard.

5.5 If multiple applications are received for similar products, preference may be given to locally based businesses.

5.6 The Committee reserves the right to require the removal of any unapproved product.

5.7 Food vendors may only sell beverages approved in their application.

5.8 Water may be purchased from Babinda Springs on the day or by prior arrangement.

6. FOOD VENDOR REQUIREMENTS

6.1 All food vendors and food vans must comply with all requirements of:

• Cairns Regional Council
• Queensland Health
• Food Act 2006 (Qld)
• Any other applicable legislation or authority
  
  

6.2 Food vendors must provide:

• Current food business registration or licence (where required)
• Food Safety Supervisor details (where required)
• Current Cairns Regional Council Market Food Stall Licence (where required)
• Any documentation requested by the Committee
  
  

6.3 The Committee reserves the right to prohibit operation of any food vendor unable to demonstrate compliance.

7. STALL SET-UP AND EQUIPMENT

7.1 Stallholders are responsible for providing and setting up all equipment required for operation.

7.2 The Committee provides site space only.

7.3 Tables, chairs, marquees, shade structures, displays, lighting and all other equipment must be supplied by the stallholder.

7.4 Shade structures and marquees must remain within allocated site boundaries.

7.5 All equipment, signage, displays and stock must remain within the allocated site area.

7.6 Public access ways must remain clear at all times.

7.7 Marquees, tents and shade structures must be adequately weighted and secured.

7.8 All equipment must be maintained in safe working order.

7.9 The Committee’s decision regarding site allocation and relocation is final.

7.10 Power and Lighting

• No powered sites are available for market stalls.
• No generators are permitted unless specifically approved.
• Vendors must provide their own internal lighting if required.
• Festival lighting infrastructure may be available in some areas but should not be relied upon.
  
  

8. GAS, FIRE AND ELECTRICAL SAFETY

Gas and Fire Safety

8.1 LPG cylinders must be secured at all times.

8.2 Cooking equipment, deep fryers, heating appliances and gas equipment must comply with relevant legislation and safety standards.

8.3 Food vendors using cooking or heating equipment must provide:

• Appropriate fire extinguishers
• Fire blankets
• Any other required safety equipment

8.4 The Committee may prohibit the use of any equipment deemed unsafe.

Electrical Safety

8.5 Electrical equipment must comply with applicable Australian Standards.

8.6 Equipment and extension leads must be tested and tagged where required by law.

8.7 Stallholders are responsible for ensuring their electrical equipment does not create a hazard.

9. VEHICLE MOVEMENT AND SAFETY

9.1 All vehicles must travel within Festival grounds at no more than 10 km/h.

9.2 No vehicle movement is permitted during public operating hours unless authorised by the Committee or emergency services.

9.3 Stallholders must unload and remove vehicles as quickly as practicable to maintain traffic flow and public safety.

10. OCCUPATIONAL HEALTH AND SAFETY

10.1 Stallholders must ensure their activities do not endanger patrons, volunteers, contractors, staff or other stallholders.

10.2 Stallholder dogs and other animals are not permitted on site unless authorised.

10.3 All stallholders must comply with workplace health and safety requirements and any directions issued by the Committee.

11. WASTE MANAGEMENT

11.1 Stallholders are responsible for removing all rubbish and waste generated by their stall.

11.2 Sites must be left clean, tidy and undamaged.

11.3 Failure to clean the site may result in cleaning charges being imposed.

12. ADVERSE WEATHER

12.1 The Festival operates in varying weather conditions and stallholders must be prepared for adverse weather.

12.2 The Committee will endeavour to notify stallholders if the Festival is cancelled.

12.3 The Committee accepts no liability for losses arising from:

• Weather events
• Low attendance
• Product spoilage
• Loss of power
• Event cancellation
• Business interruption
  
  

12.4 The Committee is not responsible for loss, damage or injury resulting from adverse weather conditions.

13. CODE OF CONDUCT

13.1 Stallholders must comply with all lawful directions issued by the Committee, security personnel or emergency services.

13.2 Abusive, threatening, disruptive, dangerous or offensive behaviour will not be tolerated.

13.3 Stallholders must conduct themselves professionally and respectfully at all times.

13.4 Stallholders must not damage, alter or interfere with Festival or venue property.

13.5 Stallholders are responsible for repair or replacement costs resulting from damage caused by them or their representatives.

13.6 Any incident, injury, accident or property damage must be reported to the Committee immediately.

14. NOISE RESTRICTIONS

14.1 Amplified music, loudspeakers, spruiking or excessive noise is not permitted without prior written approval from the Committee.

14.2 Stallholders must not interfere with neighbouring stalls or Festival activities through excessive noise.

15. PROHIBITED GOODS

15.1 The Committee may prohibit the sale, display or promotion of any item deemed:

• Unsafe
• Offensive
• Illegal
• Counterfeit
• Inappropriate for a family-friendly event
  
  

15.2 The Committee’s decision is final.

16. SMOKING, VAPING AND ALCOHOL

16.1 Smoking and vaping are prohibited within stall areas except in designated smoking zones.

16.2 Alcohol may not be sold, supplied or promoted unless specifically approved and appropriately licensed.

17. PHOTOGRAPHY AND PROMOTION

17.1 By participating in the Festival, stallholders consent to photographs, video recordings and promotional material featuring their stall being used by the Babinda Harvest Festival for marketing, advertising and promotional purposes without compensation.

18. COMMITTEE POWERS

The Committee reserves the right at any time and without notice to:

• Relocate a stallholder;
• Require removal of unapproved products;
• Require reasonable safety measures to be undertaken;
• Restrict activities creating safety concerns;
• Remove any person or business from the Festival for non-compliance.
  
  

19. TERMINATION

The Committee may immediately terminate a stallholder’s participation and require them to leave the Festival if they:

• Fail to comply with set-up requirements;
• Breach these Terms and Conditions;
• Commit a criminal offence;
• Behave in a dangerous, abusive or disruptive manner;
• Fail to comply with lawful directions from the Committee.
  
  

No refund will be payable where participation is terminated due to breach.

20. INDEMNITY AND LIMITATION OF LIABILITY

20.1 The stallholder agrees to indemnify and hold harmless the Babinda Harvest Festival Committee, its officers, volunteers, contractors, representatives and sponsors from any claim, loss, damage, liability, cost or expense arising from:

• Attendance at the Festival;
• Operation of the stall;
• Actions or omissions of the stallholder, employees, contractors or agents;
• Injury, loss or damage caused by the stallholder’s products, equipment or activities.
  
  

20.2 To the maximum extent permitted by law, the Committee accepts no responsibility for loss, theft or damage to stallholder property.

20.3 Stallholders acknowledge they participate at their own risk and are responsible for ensuring adequate insurance cover is maintained.

21. GOVERNING COMPLIANCE

21.1 Stallholders must comply with all applicable Commonwealth, State and Local Government laws, regulations, licences and permits.

21.2 Failure to comply may result in immediate removal from the Festival.

By submitting an application and attending the Babinda Harvest Festival 2026, the stallholder acknowledges that they have read, understood and agree to be bound by these Terms