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Market Stall Terms & Conditions

Market Stall Terms & Conditions

Trading

  • There will be strictly no market stalls in Munro Street Babinda. This is not approved and Market Stalls found to be located in Munro Street without permission will be removed.
  • Setting up will be Saturday 7th September from at Bill Wakeham Park
  • Bump in from 12pm. All vehicles must be offsite by 2pm. There are two bump out times. Bump out time A. is between 7pm and 8pm. If electing this bump out time, all vehicles must be offsite by 8pm. Bump out time B is 9.30pm, following fireworks and exit of pedestrians.
  • All stall holders are able to unload, but must remove vehicle as quickly as practicable, to allow for continuous flow of traffic.
  • Stalls holders must nominated one bump out time in their Market Stall application.
  • It is to be the responsibility of the Stallholders to set up and pack up their own stall.
  • No shade, table or chairs, or individual lighting are available – stallholders must provide their own and are responsible for costs associated.
  • Market stalls are to provide their own shade structures. Shade structures must fit within the size allocation.
  • Festival ground lighting will be utilized and a light tower will be provided for the area.
  • It is the responsibility of stallholders to comply with all necessary Cairns Regional Council local laws regarding selling food products.


Applications

  • Applications for market stalls close on 10th August 2024, unless all sites are filled.
  • Notification of Acceptance or non-acceptance of applications will be at the sole discretion of the Babinda Harvest Festival Committee and will be based on the information given by the applicant on their application.
  • The Committee reserves the right to reject applications and not enter any correspondence or otherwise explain the reasons for its decisions. All decisions made by the Committee are final.
  • Stall positions are totally at the discretion of the Committee.
  • Stalls cannot be transferred, sublet, franchised or sold to any other person, nor can they be shared without approval from the Committee.


Fees & Insurance

  • Fees for stall holders are set at $30 per 3x3m site, $60 per 6mx3m site.
  • All successful stallholders must pay their fees upon receiving their invoice. Payment is required to secure your booking. Payments are due no later than Friday 23rd August. Failure to pay the stall fees on time is a breach of these Terms & Conditions and may incur a penalty or cancellation of stall site.
  • In the event where the Festival is cancelled in its entirety, refunds for stall fees paid will be honoured. Wet weather where the festival continues is not considered a cancellation and no refunds for stall sites will be provided, however consideration will be provided for excessive heavy rain will be determined by the committee.
  • Event where the circumstances giving rise to such cancellation are beyond BHF’s reasonable control. In the circumstance of full cancellation of a Scheduled event – Including ONLY High Tea, Cabaret, or Festival, where rescheduling, postponing, relocating is not possible, refunds for online ticket purchases will be provided. This only includes Kids Rides refunds if the entire Festival is cancelled. Wet weather where the festival continues is not considered a cancellation and no refunds for tickets purchased will be provided. For all other events, you also agree that you have no right to claim a refund or exchange ticket in such circumstances and no obligation is assumed by BHF to schedule a substitute Event.
  • Please note that is it the responsibility of the stallholder to obtain their own public liability insurance. Stallholders MUST provide a copy of their insurance policy when lodging their application form.


Approved Products

  • It is the responsibility of the stallholder to ensure they conform to any safety and compliance standards pertaining to their product.
  • A stallholder may only offer for sale approved products, which have been accepted by the Committee on the application form, submitted by the stallholder.
  • To add new products, a request in writing is required. Products cannot be added to a stall unless the Committee gives approval.
  • All products and stall presentation must be of a high standard.
  • If too many stallholders apply to sell similar products, priority will be given to locally based stallholders.


Food Stalls

  • It is the responsibility of stallholders to comply with all necessary Cairns Regional Council local laws regarding the selling of food products.


Stall Set-up Equipment

  • Stallholders must provide their own covers/marquees and stall set-up, which must be in good presentation.
  • The Committee do not provide or hire out any stall equipment; they only provide the site area.
  • All stall equipment including racks, table, signage etc. must be contained to the stall site boundaries. Public access ways must be clear at all times.
  • Tents, covers and all stall equipment must be erected securely and weighted or secured at all times.
  • There are no powered sites available for any market stalls. Internal lighting is to be provided by the Stall holder. No generators allowed.
  • All equipment must be in good repair and be operated in a safe manner.
  • The Committee, whose direction is final, will determine the location of stalls. Every endeavour will be made to meet the general wishes of stallholders with regard to position without causing unfairness to others.


Adverse Weather

  • The Harvest Festival will operate in varying weather conditions and stallholders must be prepared for adverse weather.
  • In the instance that the Committee cancels the Harvest Festival, the Committee will make every effort to advise stallholders prior to the event. The Babinda Harvest Festival will not be liable for any loss or damage as a result of weather events or cancellation of events, pertaining to revenue, product loss, adverse weather, low attendance, loss of power supply.
  • The Committee will not be held responsible for any loss damage or injury whatsoever resulting from adverse weather conditions.


Occupational Health and Safety

  • As specified by Cairns Regional Council and in the interest of health & safety, stallholder dogs are not permitted on the stall. No dogs are allowed on site.


Waste and Rubbish Removal

  • Stallholders are required to remove their own rubbish and waste from their immediate stall location.
  • Failure to do so may result in an imposed charge.
  • Stallholders are responsible for leaving their site and surrounding area clean, tidy and undamaged.


Stallholders’ Code of Conduct and Responsibilities

  • Stallholders must co-operatively to any direction given by the Committee in relation to the operation and occupation of their stall, equipment, goods and vehicle during operation times and any direction of a security or safety nature.
  • Stallholders must not act in a verbally of physical abusive, dangerous or disruptive manner it will not be tolerated and will result in immediate termination.
  • Stallholders must ensure that their activities do not endanger the safety or security of any people at the Harvest Festival.
  • Stallholders must not cause damage, make alterations or additions of any nature to, or carry out works of any nature to property and that, if any damage is caused, the costs of any repairs, or replacement are borne by the stallholder.
  • Stallholders must comply with all terms and conditions outlined and must comply with any relevant local government and other statutory laws and regulations.
  • Stallholders must report to the Committee any incident or accident to any person or property.


Committee’s Representation

  • The Committee reserves the right to undertake any of the following actions without notice:
    • Relocate a stallholder to another stall space within Bill Wakeham Park.
    • Require the stallholder to remove from sale any goods or services offered by the stallholder that are not approved products; or
    • Request that the stallholder undertake any reasonable measure, which in the opinion of the Committee will improve the safety of the stall.


Termination

  • The Committee reserves the right to withhold consent to a stallholder to occupy a stall at the festival, to remove or to have removed from the Festival a stallholder who is in breach or does not comply with the regulations, including where a stallholder:
    • Fails to abide by the festival’s set up conditions
    • Fails to abide by the terms and conditions outlined
    • Commits a criminal act at the festival or;
    • Behaves in a manner that breaches the Harvest Festival Code of Conduct.


All traders, caterers, their contractors and employees (Trader) are subject to the Terms and 
Conditions of the Babinda Harvest Festival and by attending the Babinda Harvest Festival are agreeing to be bound by these Terms and Conditions.