Please read the Terms & Conditions carefully. Acceptance of an offer to be a stall holder at the Zero Waste Festival is taken as an agreement and condition that your organisation will adhere to the terms below.
VIEW TERMS & CONDITIONS
Zero Waste Victoria Inc. (ZWV) is a not-for-profit charity organisation whose mission is to inspire and empower people to reduce their plastic consumption and waste through everyday choices and actions. ZWV is partnering with Fed Square to hold a Zero Waste Festival (ZWF) on Saturday September 2 at Fed Square. This document sets out the legally binding terms and conditions on which ZWF provides access to each Exhibitor to participate in the Festival.
BECOMING AN EXHIBITOR
- ZWF may accept or reject an application to exhibit at the Festival at its discretion.
- ZWF will allocate one or more sites (Site) to the Exhibitor. ZWF has complete discretion in the allocation and placement of Sites.
- ZWF does not warrant that the Exhibitor has the right to exclusively exhibit, sell or promote any particular goods or services at the Festival.
- Each Exhibitor must on application, give ZWF written details of,
any products or services it proposes to display at the Festival; and
b. any critical issues that need to be considered by the Festival team, such as but not limited to:
- Access to power
- Proposed stand layout and content.
- Sustainability assessment of your display
- The Exhibitor agrees to abide by the details listed in ZWV’s Create no Waste Policy
INFORMATION PROVIDED BY THE EXHIBITOR
- The Exhibitor represents and warrants that the information it gives to ZWF about the Exhibitor or its products or services is true and correct and that the application has been completed honestly and fairly. The Exhibitor acknowledges that ZWF is relying on this representation and warranty to decide whether to accept the Exhibitor’s application.
- If requested by ZWF, the Exhibitor must verify, within a reasonable time and to ZWF’s satisfaction, the information provided on the application form or ZWF may terminate this contract.
- ZWF will keep confidential the answers that the Exhibitor gives to ZWF on particular items in its application.
USE OF THE SITE
- The Exhibitor shall only have a non-transferable, revocable license to occupy the Site during the period of the Festival, subject to all of these terms. Except with the prior written consent, the Exhibitor must not assign or sub-let or part with possession of the whole or any part of its Site.
- ZWF will ensure the Exhibitor has access to the Festival venue to set up and their displays at times designated by ZWF.
- The Exhibitor must complete setting up all displays and have the Site ready for public viewing by 10 am on Saturday 2 September 2023. If the Exhibitor fails to occupy the Site by these times, ZWF may occupy or cause the Site to be occupied in such a manner as ZWF considers appropriate and without releasing the Exhibitor from any liability.
- ZWF will inspect each Site prior to the opening of the Festival to ensure all requirements have been met and that each exhibit is in a safe condition. If an exhibit is deemed to have not met the requirements, ZWF reserves the right to close the exhibit and request the Exhibitor to rectify the problems as soon as possible and practical. The Exhibitor may proceed to rectify the concerns of ZWF, but is subject to access as determined by security personal employed by Malvern Town Hall. The exhibit may not reopen until such time as ZWF is satisfied that all concerns have been rectified.
- The Exhibitor must not leave their site unsupervised prior to 4.00pm on Saturday 2 September 2022.
- The Exhibitor will ensure that the displayed products are contained within the allocated site area. Items placed outside of this area will need to be relocated by the Exhibitor at the direction of the ZWF Festival Coordinator, to ensure that emergency exits are not restricted for access.
- ZWF has the right to regulate or prohibit any Exhibitor activities that ZWF considers may cause excessive noise levels or annoyance to other sites or the public or detract from the amenity or atmosphere of the Festival.
- ZWF may enter any Site or area of the Festival and remove any article, sign, picture or printed matter, which the ZWF Site Manager considers is not eligible or appropriate for display, may cause offence, or is not within the spirit of the Festival.
- The Exhibitor shall not conduct or permit to be conducted on the Site any competition or gambling activity without the written authority of the ZWF.
- On Saturday 2 September 2022 the Exhibitor must completely pack up the Site and remove any displays, equipment or other material from the Site and the surrounding area by 6:00 pm. However, the Exhibitor must not pack up the Site until after 4.00 pm.
INSURANCE AND INDEMNITY
- The Exhibitor must have in place insurance cover for public liability and product liability of at least $10 million per claim. By attending and displaying at the Festival, the Exhibitor is deemed to expressly warrant to ZWF that the Exhibitor has such insurance cover.
- The Exhibitor:
retains all risk in any items displayed at the Site or the products of the Exhibitor used at the Festival;
b. is responsible for arranging insurance for such items; and
c. releases ZWF from all liability for the safety or security of the Sites or any loss of or damage to any items displayed at the Site or the products of the Exhibitor used at the Festival, whether caused by theft or wilful act, accident or negligence, fire, flood or any other event.
- The Exhibitor hereby:
Accepts all responsibility for and shall hold ZWF fully indemnified against, any loss, damage, claim or cost (including legal costs on a full indemnity basis) caused by or in any way related to any act or omission of the Exhibitor in connection with the Exhibitor’s participation in the Festival, including damage or injury to any person or property caused by any activity, machine, implement or apparatus;
b. Undertakes to conform with the requirements of any law regulating the Exhibitor’s activities in connection with the Festival (including any Act, regulation, by-law or ordinance made by any Government, semi-Government or local Government Authority) such as laws relating to the erection of structures, displays, demonstrations and trade and commerce.
- In no event shall ZWF be liable to the Exhibitor for any special, consequential or indirect loss or damage or loss of anticipated revenue or lost profits, regardless of the form of action (including negligence).
- Exhibitors are required to complete a COVID safe plan, and follow COVID safety procedures as specified by Fed Square and government regulations.
- If an Exhibitors does not abide by COVID safety requirements, ZWF reserves the right to close the exhibit.
CANCELLATION AND TERMINATION BY ZWF
- If ZWF cancels or postpones the Festival, ZWF may terminate this contract by giving the Exhibitor written notice. If ZWF cancels the Festival, ZWF shall not be liable to the Exhibitor for any compensation whether on the grounds of loss of profits or otherwise in respect of such cancellation or postponement.
- If ZWF considers that the Exhibitor is in breach of any of these terms (including where the Exhibitor has provided misleading information in its application form, or does not occupy the Site during the full period of the Festival) ZWF may terminate this contract by giving the Exhibitor written or oral notice, and without limiting the rights of ZWF or the Exhibitor’s liability, ZWF may re-allocate the Site.
- ZWF reserves the right to amend any of these terms at any time without prior notice to the Exhibitor; however ZWF shall use reasonable efforts to ensure that a current version of these terms is available on the Festival website at all times.
- The Exhibitor agrees to abide by any reasonable directions given to it by ZWF during the running of the Festival.
- All exhibitors are expected to display appropriate levels of respect towards other exhibitors, ZWF staff, volunteers, and the public. This includes avoiding any activity that may disrupt the experience of these people; such as loud noises, inappropriate language etc.
- Where these terms anticipate ZWF giving an approval or consent, or exercising its judgment, ZWF may do so in its absolute discretion and subject to any terms determined by ZWF. ZWF is not obliged to give reasons for giving or withholding its consent or for giving its consent subject to terms.
- In these terms: headings are for convenience only and shall not affect interpretation; words like “such as” and “including” shall not imply any imitations; “Exhibitor” means the person or entity who applies to exhibit at the Festival and that person’s or entities officers, employees, contractors, representative and agents; and “ZWF” means Zero Waste Victoria Inc and that entity’s officers, members, employees, contractors, representatives and agents.