Terms & Conditions
By applying to participate in The Plant Room Festival (we/us/our) you agree to be bound by these Terms and Conditions (terms):
The Plant Room Earth Mother Festival is held on Sunday May 3, 2020 between 10am to 3pm.
By participating in The Plant Room Festival as a stallholder, you agree to be available for the duration of the day.
We will assess your application based on the following criteria:
- Products / merchandise are of high quality
- Meet appropriate safety standards (electrical or mechanical products and food products are required to have relevant licenses and approvals)
- Meet Northern Beaches Council Waste Management Guidelines (refer to below)
We reserve the right to decline any application that we deem unsuitable at our sole discretion.
If we approve your application, we will send you an acknowledgement and invoice.
Once your application has been approved, you will have 7 days to pay the invoice in full. All stall fees must be paid by credit card or direct debit only.
Failure to pay within 7 days may lead to cancellation of the approved application.
Stall fees are NOT refundable. No credits or refunds are issued in the case of bad weather.
All cancellations are subject to these terms and conditions as outlined and accepted when you submit your application.
If your application is approved, you will received a confirmation email and invoice. You will have 7 days from the date of the confirmation email. If payment is not received, it will be automatically cancelled and offered to a stallholder on the waitlist.
Stall fees are NOT refundable.
POWER & EQUIPMENT
Power is provided to each store holder on request in application form. Stallholders who plan to use their own generators must advise when making an application.
Stallholders are responsible for providing your own tables, chairs, racks etc. There is no facility to hire these items through The Plant Room.
CREDIT CARD & EFTPOS FACILITIES
We do not provide credit card or EFTPOS facilities for stallholders and recommend you provide these facilities yourself.
Stall spaces are rented on a one-off basis only. Having a stall at The Plant room Festival does not guarantee a space at future festivals.
You are not allowed to share your stall with another business. Applications are approved one business per stall.
Visitors and customers at The Plant Room must be treated with courtesy at all times and in accordance with fair trading practice. Stallholders must not insult or intimidate anyone including other stallholders, customers, visitors or staff.
Failure to comply will result in the immediate closure of your stall and impact future applications.
Smoking is not permitted by stallholders at their stalls (especially food and beverage stalls).
Finally, you must remove all rubbish and material from your stall through out the day and at the close of trading.
If you do not comply with the obligations under this clause, we may:
- ask you to leave early;
- require you to pay for any damage or cleaning costs; and/or
- refuse any applications at future market days.
APPEARANCE OF YOUR STALL
You must keep your stall clean and tidy at all times in order to maintain the high standard we impose at The Plant Room.
RESPONSIBILITY FOR DAMAGE
You warrant that you are liable to pay for and indemnify us against:
any damage caused by you, your staff or your representatives to your allocated stall space or the The Plant Room.
- any damage or injury caused due to a stallholder's products not complying with any laws, regulations and standards or malfunctioning or not being fit for its purpose.
You agree that you have no right to claim any compensation against us for any loss or damage that you may suffer howsoever arising from your involvement with our festival.
You warrant that all products sold in your stall (where applicable) related promotional materials:
- comply with relevant safety laws and regulations, including but not limited to, occupational health and safety laws and any guidelines, rules and regulations which are specific to the venue which may change from time to time and in any event, comply with the terms of the Stallholder's Manual;
- do not infringe any third-party rights including Intellectual Property Rights; and
- do not contain material which is abusive, defamatory, hateful, discriminatory, racist, sexist, offensive, misleading or is otherwise unlawful in any manner;
- comply with any legal requirements in relation to the sale of cosmetics, including mandatory standards for cosmetic ingredients labelling; and
- comply with any law and regulations in relation to the preparation and service of food and beverages.
Further, you are responsible for obtaining any relevant permits, certificates or other qualifications to operate your stall and sell products.
STALL SET UP & PACK DOWN
Information of set up and pack down will be provided in the Stallholder's Manual provided prior to the event.
The health and safety of all patrons, staff and stallholders is of paramount importance. Therefore, you must ensure you:
- pay constant attention to the asethetic appearance of your stall area;
- store all products, furniture, signs and equipment safely within your stall area and generally ensure that you do not have trip and fall hazards that could cause anyone to suffer an accident;
- keep all of your items and boxes out of public access ways, ensure that you stall display is well constructed and safe and otherwise contain all equipment that may result in a person tripping, slipping or falling;
- clean up any spills, breakage or otherwise immediately and call an emergency service if required or an appropriate contact we have provided you in advance;
- keep all public access ways clear;
- behave at all times in a manner that ensures that the health and safety of anyone who visit The Plant Room is not compromised.
You understand and agree that it is your responsibility to take all due care and diligence to prevent injury and property damage to you or any other third party including, but not limited to, visitors to The Plant Room.
It is a strict requirement that all stallholders have Public Liability Insurance to the value of $10,000,000 for any one occurrence. A copy of the Certificate of Currency is to be provided during the stallholder application process.
LIMITATION OF LIABILITY
You agree that we are not liable for any direct, indirect or consequential damage, loss or harm suffered by you, your agents or your representatives that may result from your participation in The Plant room Festival. This includes physical, psychological and economic harm.
We are not responsible for any claims, actions, demands or suits that you may face as a result of your conduct.
MARKETING AND SOCIAL MEDIA
In the course of marketing and promotion of The Plant Room Festival, we may wish to reproduce or refer to images of you, your brand, your stall and your products. In this event, we may ask you to provide us with various materials for the promotion of your business including images of your trade marks, photographs of your good etc (content). By supplying us with the content, you grant us a non-exclusive, royalty free licence to use the content for the agreed purpose and warrant that the content does not include or infringe any third party Intellectual Property Rights.
We ask that you advertise on your social channels both prior to and on the day of the event and tag #theplantroom and @the_plantroom accordingly.
You agree to indemnify us (and our agents, contractors and employees) against any cost, expenses, loss, damage, or harm suffered by us resulting from any claims, actions, demands or suits that may be made against us as a result of your conduct including to any third-party allegations of infringement of Intellectual Property Rights against you by any third party and public liability claims relating to your stall.
If you breach any of these terms, we reserve the right to cancel your booking for a stall, reallocate your exhibition space, require you to pay the cost of our actions and remove you from the exhibition space of the market in question.
You agree to indemnity us against any costs we incur arising from you breach. You further agree that if you breach these terms, you forfeit the right to any rebates, refunds or compensation arising from, amongst other things: cancellation of stall allocation, alternations of the position of your stall allocation, alternation of set up time or change of size of the stall allocated to you.
DISPUTE RESOLUTION PROCEDURE
We do not get directly involve with any disputes between stallholders including disputes relating to the Intellectual Property Rights of others (disputes). By participating in The Plant Room you agree that the details of any such disputes shall be confidential information for the duration of the market (with the exception of you seeking legal advice).
Further, you must endeavour to resolve any disputes through your own independent means with the other party, whether that be a stallholder or otherwise. To avoid any disruptions to the market, if any disputes with other stallholders arise, we ask that you deal with these matters outside the festival hours. In the event of any disruptions or if any stallholders become verbally abusive to others and the circumstances are not immediately rectified after notice has been given, we reserve the right to require you to pack your stall and leave the premises. We are committed to encouraging creative endeavour and original products and safeguarding Intellectual Property Rights. Should a dispute arise relating to products sold at our stalls (or related marketing material), while we will not adjudicate in relation to that dispute, we reserve the right to request that a stallholder remove the products or items for sale which are in dispute from display and not trade with the products for the remainder of the market trading hours.
a) In these terms:
- Headings are for convenience only and do not affect interpretation;
- Defined terms have the meaning ascribed to them;
- A word denoting the singular number includes the plural number and vice versa.
b) Relationship of the parties
The Plant Room and stallholders are independent contracting parties, and noting in the these terms will make either party the employee, partner, agent or legal representative of the other for any purpose whatsoever. Nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other.
The rights and obligations arising under these Terms are personal to the stallholder. The stallholder must not assign, license, sub-license or transfer all or any part of the stallholder rights and obligations under these terms without the prior written consent of The Plant Room.
d) No Implied Waiver
The failure of The Plant Room to require performance of you of any obligations arising under these terms will in no way affect the right of The Plant room to require such performance at any later time. If The Plant Room waives a breach by you of any obligation arising under these terms, such waiver will not constitute a waiver of any later breach of the same or any other obligation under these terms.
If any provision of these terms is or becomes invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, the invalid provision will be severed from these terms and the remaining terms will remain in full force and effect.
f) Entire agreement
These terms and the Stallholder's Manual constitute the entire agreement between the parties with respect to its subject matter and supersedes all prior oral and written representations and agreements and the parties expressly agree that neither has relied on pre-contractual conduct or representations of the other party in entering into these Terms.
No alternation, modification, change or variation of any of these terms will be binding upon either party unless in writing and signed by a duly authorised representative of each party.
h) The parties agree that these terms are governed by the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of that State.
As of 20 October 2019
If you have any further questions or feedback, contact us at any time.