© 2020 Aus Street Food

Vendor T&C's Contract

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AUS STREET FOOD EVENTS AND MARKETS TERMS AND CONDITIONS

2019/2020

Once a stallholder submits their application, the food vendor/stall holder agrees to adhere to the terms and conditions Aus Street Food have outlined in this document. Aus Street Food encourages you to read through all the terms and conditions extremely carefully to uphold with compliances and to prevent future set backs, disputes, sadness or disappointments.

All applications must be completed via our online registration form after clearly reading and understanding these terms and conditions. Aus Street Food will require specific information regarding your food/drinks menu or possibly the making process of your products. Aus Street Food reserves the right to decline applications we deem unsuitable at our discretion. Aus Street Food will determine the success of all applications based on the exact event theme criteria, which includes but is not limited to your food/drinks menu or what is included in the making process of your products. 

It is of utmost importance to remember that food vendors/stall holders are to engage only with the Aus Street Food management and staff to discuss any issues, rather than the managers or staff of any of our host venues. 

 

 A .Products ​

  1. Aus Street Food must approve all Food vendors/Stallholder menus/products they wish to sell in their application before any event. If you have been accepted into an event and you wish to sell additional products, please submit a request in writing with attached images to Aus Street Food bookings@ausstreetfood.com.au for approval. 

  2. We will not permit Food vendors/Stall holders to sell goods on behalf of other food vendor/stall holders, unless agreed upon prior to the event. You will not be approved if you do not comply with this condition.

  3. The food vendor/stall holder holds the responsibility of ensuring their products comply with the relevant safety and labelling standards for their items. Aus Food Events Pty Ltd takes no responsibility for food/products/stallholders who fail to comply with standards and regulations. 

  4. Food vendors/Stall holders are not permitted to sell offensive, illegal, prohibited, counterfeit or unauthorised goods including goods bearing trademarks for which the stallholder does not have a licence to sell. 

  5. The responsibility is upon the food vendor/stall holder to ensure that any products they are selling do not infringe on any third party rights, including the Intellectual Property rights of other stallholders and businesses. 

 

 B. Stall Applications and Attendance 

  1. Food vendors/Stall positions cannot be transferred, sublet, or sold to any other person and cannot be shared without written approval from Aus Street Food management. Aus Street Food reserves the right to reject applications and will not enter into correspondence or otherwise explain further over participation in our events for any food vendor/stall holder. It is up to our own discretion to approve the correct vendor.

  2. All food vendors/stall holders will be informed in writing of their stall allocations, bump in time and location one week prior to market. All stall allocations are final. 

  3. Food vendors/Stallholders are provided a space for the event for which they have applied and the term of that hire occurs for that event only. All successful applications for one event do not automatically have approval to attend any future events. Food Vendor/Stall holder Payment, Cancellation and Refunds policy applies.

  4. You are required to complete event fee payments within 7 days of an invoice issued.

  5. If you are unable to complete full payment for your chosen event within the 7 days, you are required to inform Aus Street Food in a written email.

  6. If you decline your stall offer, no fees apply. 

C. Marketing

  1. All vendors and stall holders are required to do their own personal marketing at least 1 week prior to the event. Marketing should try to consist of paid posts, competitions and giveaways on both facebook and instagram. Continuous posting into our Facebook event page discussion to promote themselves. Each vendor will be given a marketing plan leading up to each event which will consist of video and photos and guideline suggestions of how to post to reach as many people as possible. 

Guidelines

The best ways to do this are for us to post whos coming when everyone is confirmed but also to have you individually advertise and promote that you will be attending. This can be directly to your own facebook audience via posting on your page or to pay for posts yourself which would reach a new audience entirely which would only benefit your business. 

We also suggest posting within the Facebook event pages discussion of who you are and what you sell. Even a simple question similar to the one we posted in Curry Nights has produced amazing feedback and discussion from the public and this is an unpaid post. We are suggesting similar posts from your business facebook page on the event page discussions which would reach directly to your perfect audience and target market. These people would be directly introduced to your business and product and individual page. They would instantly know your attendance at the event which would have them seeking out your business from the events get go.

 

D. Event Cancellation 

  1. Aus Street Food reserves the right to cancel any event/market event up to 12 hours prior to its scheduled time. 

  2. Aus Street Food will inform vendors via e-mail of event cancellation with as much notice as possible. 

  3. Event cancellation by Aus Street Food will occur for the following reasons: 

  4. Insufficient stalls booked for the event. 

  5. Safety (severe weather warnings). 

  6. If Aus Street Food Cancels any event we will offer full refunds to all vendors.

  7.  We are only able to offer a full refund up until two weeks prior to the event date, once a vendor has notified us directly via a written email explaining the reasons why they can not attend. Within 2 weeks of the event date we can not issue any refunds or replace a vendor within that time. Some local councils have informed us that they will not accept any additional vendor approval applications within the two week time frame. 

 

E. Limitation of Liability 

Protection of Aus Food events Pty Ltd IP Suppliers/Contractors/Vendors and Companies contracting us for event management or assistance with events/attending our events/working on our events.

 

  1. You understand and agree that even if you have already showcased your own events in the past, you will not be able to extract information or data from our events or share this information amongst other people/businesses/forums. 

  2. You will not set up your own events, which have any possible similarity to our events, be it a similar theme, design, concept, promotion, advertising or description. 

  3. If for any reason you do set up your own events, you agree not to use any of our suppliers/contractors we have used/promoted at our events. 

  4. Any of this data being caught sharing regarding any sales records, event information, guests attendance, public damaging words in private groups about our business or events will be dealt with by our lawyer and action against you will be taken and you may be charged for loss of earnings of each offence.

  5. Aus Food events Pty Ltd are not liable for any damage, loss or harm stallholders or anyone working with stallholders may encounter as a result of participation in the markets, including physical, psychological and economic harm. Aus Food events Pty Ltd are not responsible for any claims, actions, demands or suits that stallholders may face as a result of their conduct. 

  6. Where disputes are occurring between participating stallholders, in regards to any matter, including but not limited to the Intellectual Property rights of stallholders, Aus Food events Pty Ltd will not be directly involved under any circumstances. Should any disputes be actively occurring at any stage during events, we kindly request that those be taken offline, outside of market hours, and without the involvement of other stallholders, venue staff, or Aus Food events Pty Ltd management. Aus Food events Pty Ltd is not responsible for the maintenance of copyright or Intellectual Property rights of any of our stallholders at any time. 

  7. Protection of Aus Food events Pty Ltd IP. Stall holders/food vendors trading at our events are not permitted to create similar events at the time of trading or on any future dates after signing this contract. Any events with the same themed concepts as run by Aus Street Food, Including but not limited to naming of events and our Aus Street Food Awards program/competition.

  8. Food vendors/Stallholders found in breach of any of the terms and conditions outlined within this document, risk exclusion from future events, determined at the discretion of Aus Street Food management. 

 

Cashless Events 2020 TERMS AND CONDITIONS

F. TERMS & CONDITIONS   

FINAL REGISTRATION STALL FEE:

  1. $250 + GST per space. This fee will be fully refunded at the end of the event. Terms and Conditions apply before any refund will be completed.

  2. All our festival events being held at Yagan Square in 2020 are going cashless. We will be providing you with your own Square card reader.

  3. Your business must receive payments through the Square card reader machine provided by Aus Street Food.

  4. All our festival events being held at Yagan Square in 2020 are going cashless. We will be providing you with your own Square card reader.

  5. REVENUE SHARE:  80% of revenue will be given back to vendors.

  6. Your final takings will be transferred to you no later than 3 business working days. T's & Cs Apply.

  7. The vendor submits to us their chosen bank account details prior to the event, for their funds to be transferred directly to them. This needs to be completed in the requested time frame stopping any delay in us transferring payment to them.

  8. The vendor must not use any other card reader machine apart from the one we provide them, nor do they take any cash transactions.

 

UNDERSTANDING AND AGREEMENTS:

  1. Applies to all businesses that are attending our events:

  2. You agree to Aus Street Food being able to collect money on your business behalf via the Square reader card machines provided to you.

  3. You understand and agree that no other card machines or cash payments will be used at our events, being your personal or business card readers of any type. If a vendor is caught using any other card reader apart from the machine we have provided you, there will be high penalty fines in place. The penalty fees you understand and agree to pay if you are caught using any other card reader machines or using cash will be a total of $15,000.

  4. Limited trading spots will be used to create the best opportunity for our vendors to make money. Leading up to each event reach and numbers expected will be discussed with the vendors to best plan the evening’s trade.

  5. Any damage or loss to these devices we provide you, you agree to make full payment of any invoice we send you to cover these costs of damage/replacement.

  6. If for any reason our provided devices do not work, and we ask you to use your own device/cash, you agree to supply us with all the correct data/information on your device/cash till to show all sales records. You understand that we will not be charged any fees to gain this information, and you will have this data supplied to use within 3 days of the event closing.

 

YOU WILL NEED TO PROVIDE:

  1. All trading infrastructure i.e. food truck or gazebo set up.

  2. Staff and/or representatives for all sessions.

  3. All required certificates, documents and permits for your business and this must be submitted before 3 weeks of your event date.

  4. Your menu will need to be provided and approved prior to your acceptance to attend the chosen events. This will be added before the event starts by our staff onto your card reader.

  5. A price point for your products is completely up to you.

  6. An eps or ai vector logo file, high res images, plus other marketing collateral as requested. 

 

AUS STREET FOOD FESTIVAL WILL PROVIDE YOU WITH: 

  1. 3m x 3m Floor Space for gazebos or a suitable space for your food truck

  2. Power supply is not guaranteed, you will need to submit a request for power as we only have limited power sockets (Additional fees will be added for the use of our power).

  3. Square PAYPASS device

  4. Aus Street Food Signage

  5. Marketing opportunities via socials and tickets for promotional giveaways.

 

NO SHOWS

  1. If you wish to cancel your registration to any of Aus Street Food Festivals this must be done, in writing, 2 weeks prior to your event date. In the case that you register but fail to show up at any of Aus Street Food Festivals (without any prior notice of withdrawal) you agree to pay a no-show fee of $250 + gst (this will be Aus Street Food using your booking fee payment instead of having to pay an additional fee on top).

 

G. Stall Set-up and Presentation for all events

  1. Food vendors/Stallholders bump in and set up during the three hours prior to event/market opening time, and must be ready to trade by market opening. Pack up and bump out must be completed within two hours of market closing. Stallholders who are not set up and ready to trade by market opening forfeit their stall for that event/market date. 

  2. Stallholders must comply with the bump in times and locations provided by Aus Street Food, Failure to do so would impact acceptance at future events. 

  3. Food Vendors/Stallholders must comply with instructions provided by all market staff on the day, not just management staff. 

  4. Aus Street Food takes no responsibility for the weather. Please come prepared for all weather conditions. 

  5. No food vendor/stallholders are allowed to fix or adhere anything to walls. Additionally, food vendors/stallholders are responsible for any damages they incur to our host venues. 

  6. All food vendors/stallholders must cover tables with floor length tablecloths, covering all sides of tables. Items not on display for the purpose of selling must be out of sight. Tablecloths must not be a tripping hazard (i.e. tucked so out of walkways). 

  7. (Food stalls only) If power is required, it is the stallholders’ responsibility to ensure that all leads and electrical equipment are tagged and tested in compliance with workplace laws and regulations. 

  8. All outdoor food vendors/stallholders must provide their own gazebo. All gazebos are to be weighted down using appropriate weights prior to commencement of trade. No gazebos are permitted to be pegged into the ground at any time. Stallholders without weights will not be allowed to erect their gazebo with no exceptions and no refunds. 

  9. Stallholder displays and materials must stay within their assigned stall space. Failure to do so may result in items being removed by market management for safety reasons. 

  10. Stallholders must supply their own set up for the market including tables and chairs. 

  11. Please show all consideration to safety of yourself, your team, your fellow stallholders and patrons. Stallholders must clean up all breakages and spills that occur within their stall space. For any safety concerns you have during the event at or near your stall, please contact Aus Street Food staff as soon as possible to prevent injury. 

  12. Food Vendors and Stall Operation 

  13. Food vendors/Stallholders agree to trade for the entire duration of the market event they have accepted to participate in. 

  14. Competitions, raffles or giveaways cannot be run without written approval from Aus Street Food. 

  15. Aus Street Food do not permit food vendors/stallholders to stand outside of their stall space to distribute flyers to passing customers due to impact on fellow stallholders. 

  16. Food vendors/Stallholders are responsible for the area of their stall and surrounds and must leave the area clean and tidy. Boxes and cartons must be removed from market area. Market bins are not to be used for disposal of stallholder waste or packaging materials. 

  17. All food vendors/stall holders must be respectful and considerate of their neighbouring stallholders, their spaces and any shared areas. This is not only to ensure the safety of stallholders and patrons, but also to maintain a courteous and friendly environment for all. 

  18. It is the responsibility of the stallholder to trade in accordance with Market, State and Local Shire regulations. 

H. Food Vendors and Stall Close and Pack-up

  1. Food vendors/Stalls must not commence pack up prior to the advertised closing time. 

  2. Stallholders must pack up their stall and transport items to a designated bump out location prior to collecting their vehicle. 

  3. Stallholders must follow directions of market staff at all times to ensure safety. 

  4. All stallholders are responsible for the removal of their own rubbish and must leave their allocated space in the condition it was found prior to bumpin. 

 

I. Regulations and Insurance 

  1. All stallholders must provide their own public liability insurance to the amount of $20 million. Stallholders must have provided a copy of their PLI compliance certificate with them prior to the event. 

  2. Stallholders must not at any time insult or intimidate anyone including other stallholders, customers, visitors and staff. Failure to comply may result in the immediate closure of your stall and you will be prohibited from trading at the next or any future events. You must not engage in any conduct which is disruptive or inconsistent with the purpose of Aus Food Events Pty Ltd. This includes but is not limited to online bullying, engaging in false claims in online reviews or slander of Aus Street Food, our stallholders, our venues or our staff. 

J. Traffic Management and Parking 

  1. Food vendors/Stallholders must comply with the market’s traffic plan and parking allocation for stallholders. 

  2. Stallholders are required to unload their market food truck/stall/supplies at their allocated bump-in location, and immediately move their car to the allocated event parking. 

  3. Stallholders requiring assistance when moving between events parking to the event (for any reason) are able to apply to Market Management for an exemption. 

  4. During Bump Out, stallholders are required to fully pack down their stall and transport goods to a bump out location, prior to getting their vehicle. 

K. Other 

  1. While all care is given where possible, Aus Food events Pty Ltd are indemnified from any theft, loss or damages to persons, money or goods as a result of participating in the markets. Alcohol and drug consumption is strictly prohibited by any stallholders for the duration of the market. Additionally, no smoking is allowed by stallholders within their stall, and all smokers must adhere to smoking locations as allocated by our host venues. 

  2. Due to the variety of venue restrictions and rules, stallholders are prohibited from bringing their pets. 

  3. Images of stallholders and stallholder products may be used as promotional material by Aus Food events Pty Ltd for media and publicity purposes. By applying to be a food vendor/stallholder at the event/market you are agreeing to images of both yourself and your products being captured and then used by Aus Food events Pty Ltd through promotions both online and digital. 

  4. Images supplied by stallholders may be used as promotional material by Aus Food events Pty Ltd for media and publicity purposes. By supplying images of you, your stall or your products to Aus Food events Pty Ltd, you are confirming that the images are yours, or you have approved photographer’s agreement for use of photography. If permission was not sought for the use of images, any fees or royalties incurred for the use of the image will be invoiced to the relevant food vendor/stallholder. 

  5. Aus Street Food will only allow stalls to trade if their food/ beverages are produced in Council registered or approved food premises and appropriate certification can be produced. 

  6. Aus Street Food will only allow food vendors/stalls to trade if they have a permit to sell their food/beverage as a mobile vendor. 

  7. Food/Beverage stallholders must be registered with the local council where the event is hosted and pay appropriate council permits. 

  8. Obtaining and paying for a food/beverage permit is the responsibility of the food/beverage stallholder and must be completed prior to event application. 

  9. All certificates of registration/permits must be provided as part of the application process. 

  10. Food/beverage vendors are required to produce a copy of their mobile food/ beverage vendors insurance.  

 

 

L. Volunteers 

  1. All event and business volunteers are liable for their own public liability insurance and any additional insurance they may require to help on our events. We will not take responsibility for any damage you may cause to the event site or equipment and we will not be held responsible for any health issues or injuries you may occur.

  2. You understand and agree that you are helping with our events with zero rewards/payments/or gifts from us. 


 

M. Vegan Events and Vegan makers Markets

  1. Our Vegan Events are a 100% Vegan (plant based) market that operates regularly within the community, at a variety of private and public locations that provides a suitable environment to Vegan vendors to sell their Vegan products and Vegan food directly to customers.

  2. You MUST sell ONLY 100% plant based produce/products, if you do not obey by the rules, you will be asked to leave the market and we will not be able to return any booking fees and you may not be asked back to return at any other of our events or markets.

  3. All produce sold must be 100% vegan, proof of certified Vegan accrediting body and labels should be evidence .

N. Health and Safety 

  1. Smoking or drinking alcohol by stallholders is not permitted.

  2. All food stallholders must trade in accordance with the Health Department of Western Australia’s food handling regulations, and other relevant local health laws.

  3. Value added products such as baked or cooked items, must be prepared in a facility approved by the relevant Health Authority.

  4. You are not permitted to touch any electrical plugs, power points and sockets. 

  5. If there is any damaged caused by you doing this or not having your cables/ equipment tested and tagged with an up to date approval, then you as a vendor/business will be liable for all/any costs to have this damaged correctly fixed.

  6. Any damage caused to any property including the ground/lawn/road/path/ walls/signs/barriers on any of the event/markets sites Aus Street Food are managing will be charged to you as a vendor/business to have correctly fixed. Aus Street Food will not help with covering any costs for damage you have caused.

  7. It is the responsibility of the stallholder to ensure their stall is safe and keeps pathways clear for shoppers. 

 

O. Injury 

  1. Any injury regardless how minor must be reported to Aus Food Events Pty Ltd and we will assist you with the first aid and record details of the injury. A copy should be kept as it provides details you may require at a later date. 

  2. Website and Use of Logo and Images 

  3. Aus Street Food maintains a modern and informative website that attracts internet traffic varying from individuals or businesses interested in selling at the market, to people interested in attending the market and wanting to know who is there and what they sell. We will request your logo and product information so this can be displayed on the website, social media, and will include your contact details. 

  4. The most up to date information can always be found on the website or social media pages. 

  5. Additional advertising space is available for additional cost; please get in touch for more information. 

 

P. Vendor Responsibilities: Compliance: 

  1. Vendor Induction and Handover Checklist and Environmental Guidelines for Temporary Food Vendors: Must be read, address and carefully adhered to at all times to continue trading at Curtin or any of Aus Street Food events or markets. 

  2. On-site Orientation: An on-site induction to establish electrical and environmental compliance will be conducted on the morning of the market. A copy of all certificates and permits must be placed in a visible place on the Market at all times. 

  3. Electrical: All vendors must comply with electrical regulations as per the local council. All external connections require an IP56 external grade connector to the electrical boxes on campus. 

  4. Food Handling and Storage: Provide details of food handling storage in line with the local council’s Food 

 

Q. Cancellation Terms for Event Management Contracted Work

  1. If there is cancellation of any of our events, due to weather or any other reason for a contracted event or management jobs we have been employed to arrange, our full invoice fee will still need to be paid for the work we have completed and planned for. The only amount we will be refunding would be the small amount of the bump in management fee for the event which will be no more than a $400 refund on any fee we have invoiced for. All other costs will need to be fully paid within 7 days of our invoice being submitted.

  2. We will not complete full payment of any invoices to our suppliers/contractors brought in to do work on the event. If we have made a deposit for your services, you’re free to keep this paid amount but the rest of the payment will not be paid.

  3. If we are due to complete any payments, you will need to invoice us directly with your bank details and the date we have received your invoice. We will take up to 30 days to complete a payment/refund.

  4. Any suppliers/contractors which take out work on our events, do not complete their job within the agreed timeframe, will be charged a $200 per hour with a minimum charge of $500 fee covering any overheads. 

  5. Any suppliers that do not turn up on the day of the event after we have booked you, or you decide to cancel on us without any warning or within 14 days of the event, will be charged $500 to cover any extra costs this causes to our business arranging another service to replace you.

  6. If a supplier/contractor turns up late to any of our events from the agreed time, we will charge you any additional fees this may cause our business with making our event open late or close late or cause us to find another vendor. This will be charged at $200 per hour with a minimum charge of $500.

  7. Any damage caused to the event site, grounds, floor, walls, grass, electrical boxes, equipment or location/land site will be charged in full for the complete repair or replacement plus an hourly fee of $200 per hour with a minimum of $500 for our services to sort this issue out.

 

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FAQ’s STALLHOLDERS 

DO I NEED TO SUPPLY MY OWN GAZEBO? 

  1. Yes, you need to provide your own complete set up for your stall including gazebo 

DO YOU PROVIDE A TABLES AND CHAIRS FOR STALLHOLDERS? 

  1. No, Aus Street Food does not provide tables or chairs for your stall. You will need to provide your own complete set up for your stall including tables and chairs. 

IS THERE POWER AVAILABLE? 

  1. We do not offer powered stalls due to poor availability/access to power on site. If you require power in order to attend please include this information as part of your application. We have a limited availability to offer power in certain locations and do not wish to run into issues on market day with accepting stallholders who require power that we are then not able to accommodate. Please be aware that if you need power provided by Aus Street Food in order to run your stall you are less likely to be accepted to our events due to this issue. 

CAN I PEG MY GAZEBO INTO THE GRASS? 

  1. Under no circumstances can items be pegged/stuck into the grass. This is a very strict requirement by most local councils in W.A and is part of our conditions in making use of the site. Your gazebo must be weighted with appropriate weights (proper weights that are strapped to your gazebo); items such as bricks placed on the base of your gazebo are not acceptable. This is a safety issue and should market staff find you non- compliant on market day you will be asked to take down your stall and leave our event. If you need advice on where to purchase appropriate gazebo weights please contact us. 

AS A STALL HOLDER I AGREE TO THE FOLLOWING: 

  1. I have read and agree to abide by the Aus Street Food Terms and Conditions. 

  2. I have a current certificate of currency from my council, including a local council trading permit which this market/event is taking place in, up to date public/product liability insurance, electrical cables up to date test and tagged, food handling 

  3. certificate for all staff members and any other certificates to meet local laws. I will provide a copy of all these documents when submitting my application. 

  4. I give permission for Aus Street Food to display my information on their website and social media sites. 

  5. I am responsible for supplying my own equipment, tables, gazebos etc. 

  6. Aus Street Food their directors, employees or any other person will not be under any circumstances be liable for any loss of income or damage by any stallholder as a result of nay stallholder participating in the market/event in any way and for any loss of life or personal injury to any person and /or damage to any property arising from any accident, occurrence or event at the market/event 

Final Note 

If you have any questions about the event, would like to do something special/ different please have a chat with us! We want you, along with the market goers to have a great experience and we’ll do our best to make this happen

I have read and agree to comply with the above conditions 

By applying and participating in our events you are bound by all the terms and conditions above.