Terms and Conditions
The terms and conditions ('T&Cs') apply to your application ('Application') to be a part of Midsumma Carnival 2021 ('Carnival') as a Stallholder ('Stallholder'). By clicking 'submit' on your Application, the Stallholder acknowledges having read and understood the terms of this Agreement.
It is agreed as follows:
1. RELATIONSHIP & TERMS OF AGREEMENT
1.1 The Stallholder and Midsumma agree that nothing in this Agreement is intended to create a relationship of partnership, agency or employer and employee amongst the parties and it is the express intention of the parties that any such relationship is denied.
1.2 The relationship of Midsumma to the Stallholder is that of a supplier of services.
1.3 If accepted, the agreement takes effect from the date of submitting the Application and is valid until COB on 17 January 2021 unless otherwise terminated according to Section 3.
In consideration of all services rendered in this Agreement by Midsumma to the Stallholder for the presentation of Carnival under this Agreement the Stallholders shall pay Midsumma the fee invoiced, by the date stipulated. All governing fees and timelines can be found on the Pricing options
and Key Dates
section of Midsumma Carnival stall registrations
2.2 Upon payment of relevant fees, a non refundable payment by the Stallholder shall apply. No refund of such deposit will be permitted if the registration is withdrawn or cancelled.
3. NOTICE & TERMINATION
3.1 All notices to be given by either party shall be:
- Delivered at the address mentioned in the Application for the Stallholder or to Ground Floor, 77 Southbank Boulevard, Southbank, 3006; or
- Sent by email to the address provided in the Carnival Stallholder Application Form, or such other address as may be notified by either party.
3.2 The Stallholder shall give Midsumma notice in writing of a decision to withdraw the Stall from the Carnival. If the Stallholder withdraws from Carnival, Midsumma will retain a portion of any fees paid according to Schedule Two of the Carnival Stallholder Agreement.
3.3 This Agreement shall otherwise only be terminated
- By agreement between the parties in writing;
- If either Midsumma or the Stallholder fails to rectify any material breach of the terms and conditions of the Agreement within 7 days of the service by the other party of a written notice requiring rectification of the breach; or
- Upon either Midsumma or the Stallholder entering into receivership, liquidation or any other form of insolvency administration.
3.4 Should Midsumma be unable to fulfil the equipment and support services as outlined in Schedule One of the Carnival Stallholder Agreement, Midsumma will refund any fees paid in relation to those services.
4. SUPERANNUATION, WORKERS' COMPENSATION, AWARD OBLIGATIONS AND INSURANCE
4.1 The Stallholder must, where applicable:
- pay any remuneration, employer superannuation contributions, workers' compensation and/or employee entitlements to the Staff involved in the Stall;
- ensure the provision of all relevant insurances for the Stall including but not limited to public liability, motor vehicle, sickness and accident and life insurance to the greater of the extent:
- the Stallholder considers necessary;
- requested by Midsumma (in its absolute discretion); and
- required by law (including any applicable local government regulation, by-law, order or request).
4.2 The Stallholder indemnifies and holds harmless Midsumma and its officers, representatives, contractors, agents and employees from and against any liability, loss, cost, damage or expense suffered by Midsumma or any third party whatsoever in relation to any of the issues listed in clause 4.1.
5. TRAVEL AND ACCOMMODATION
5.1 The Stallholder must pay any costs involved in the travel and accommodation involved in the presentation of the Stall.
5.2 There is no parking available on site, on the day of Carnival. Stallholders are responsible for finding and paying for parking for their own vehicles.
5.3 The bump-in and bump-out times are allocated at the discretion of Midsumma Festival.
6. COPYRIGHT & LICENSING
6.1 Midsumma shall have the right to record and reproduce images or other recordings of the Stall and the Carnival which may include the Staff's work or any part thereof in any film or other electronic media including but not limited to web pages, netcasts and video extracts for use in promotional and publicity material including where appropriate sponsor promotion for the Carnival or the Festival, on television, radio or other electronic mediums for no additional remuneration under this Agreement.
6.2 The Stallholder shall obtain from the Staff any consents or waivers Midsumma reasonably requires under the Copyright Act (1968) in relation to any moral rights arising through Midsumma's services under this agreement. The Stallholder agrees to execute such documents as may be reasonably required by Midsumma as a way of further assurance.
6.3 The Stallholder does not obtain any right or titles to any intellectual property of Midsumma. Any use, reproduction and storage of any of Midsumma's intellectual property, including its name and logo, requires Midsumma's prior written agreement.
7. FOOD & BEVERAGE
7.1 Items cannot be supplied in glass containers.
7.2 Any Stallholder intending to supply food and/or beverages for human consumption must first be approved by Midsumma and must hold the relevant permits/authority from the City of Melbourne Health Services Department. Copies of these permits must be supplied to Midsumma prior to Friday 4 December 2020. The responsibility to obtain these permits belongs solely to the Stallholder.
7.3 Stallholders may not sell food or beverages, they must be used as giveaways only.
8. WATER, SULLAGE & WASTE MANAGEMENT
8.1 Access to water onsite cannot be guaranteed and may be subject to government restrictions.
8.2 Any wastewater must not be disposed of onto the lawn or garden bed area, as this can severely damage the root system.
8.3 Stallholder rubbish must be removed at the end of the day. It is the Stallholder's responsibility to keep the area clean and tidy before, during and after the event.
8.4 Stallholders who fail to remove any waste from their site will incur an additional fee and may not be permitted to participate in future Midsumma Carnivals.
8.5 Stallholders are encouraged to use recyclable materials in the fit out of their stall and to use recycled paper product for any flyers which will be distributed at Carnival.
8.6 Balloons and non-biodegradable glitter are prohibited in the decoration of stalls, due to potential environmental damage and to comply with City of Melbourne requirements.
8.7 Printed collateral (flyers, cards, brochures or other) distributed by Stallholders must include the words "Do not litter", "Please dispose of this responsibly", or words to that effect.
8.8 Stallholders are not permitted to install Stall structures that are pegged into the ground, make any holes in the ground, or cause damage to the grass at Alexandra Gardens.
8.9 Stallholders are not permitted to affix banners, signage or similar to any tree or other structure outside of their stall within the event site.
9. SPECIAL CONDITIONS
9.1 The Stall shall only be considered to be included in Midsumma Carnival upon submission of the Application, a copy of the Stallholder's valid Public Liability Insurance Certificate of Currency and payment of the fees in full.
9.2 The Stallholder agrees that the information in their application has been provided honestly and accurately.
9.3 The Stallholder acknowledges and agrees that it has obtained independent legal and financial advice, and that their relationship to Midsumma is one of independent contractor.
9.4 Although approval of the site has been obtained, some elements of the event are subject to final approvals by a number of authorities, and the final format of the event and its elements cannot be relied upon to be the same or similar to previous years.
9.5 The Stallholder acknowledges that Bump In/Out Schedules will be completely determined by Midsumma Festival in the Stallholder Information Pack and must be adhered to by Stallholders and their contractors.
9.6 Unauthorised / unpaid traders - including extra traders who appear on another Stallholder's Stall, but have not registered in advance as being part of that Stall, will be removed from the Carnival site.
9.7 The Stallholder understands that if products or services not detailed on the original application are sold or provided through trading at Midsumma Carnival, that Midsumma reserves the right to close trading and request you leave the site.
9.8 Stallholders who breach the terms of agreement may be refused participation rights in the future.
9.9 Midsumma reserves the right to amend these terms and conditions at any time, with notification provided.
9.10 Banners, visuals and the use of sound must not invade the space of fellow Stallholders - Midsumma Festival will be monitoring music volume of amplified music.
9.11 Stallholders are advised that the trestle tables and chairs provided by Midsumma are not weight bearing and as such, it is prohibited to stand on them at any time before, during or after Midsumma Carnival.
9.12 All electrical equipment used on-site by Stallholders is required to be tagged and tested prior to arrival. Failure to do so will result in items being removed from the site or confiscated by Midsumma staff or security.
10.1 The Stallholder may not (either directly or indirectly) claim, exercise or attempt to exercise a right of set off counterclaim against Midsumma (whether the right is in the Borrower's or any other person's) or any other right which might have the effect of reducing the amount owing Midsumma under this Agreement.
Save for any additional terms which Midsumma promulgates from time to time and which apply to all Stallholders, this Agreement contains all the terms on which the Stallholders will occupy the Midsumma Carnival site and supersedes all prior communications.
10.3 Locations of each stall are determined by Midsumma Festival based on a variety of factors and are not for negotiation. Stallholders are to remain flexible in the lead up to the event as changes may be required even as late as the morning of bump-in.