STANDARD TERMS AND CONDITIONS FOR FOOD AND MARKET STALLS 1. 1.1 1.5 1.6 General The entertainment precinct is open from 3 pm Friday 25th, 8 am Saturday 26th and 8 am Sunday 27th. Stall holders are encouraged to trade until 10 pm Friday 25th and Saturday 26th (or longer if desired) and 8 pm Sunday 27th. Event site closes when liquor licence close. The Stall must be clean and presentable at all times. Any stall that does not present/operate to the expectations of CQ Bikes Bulls Buggy’s & Bands will be asked to correct its operation. If corrections have not been actioned within two hours, permission to continue trading at the Event will be withdrawn without return of site fees paid. The Stall holder will immediately comply with all reasonable directions, instructions and requirements of CQ Bikes Bulls Buggy’s & Bands, its officials, representatives and agents while on site. All Food Stalls must comply with health requirements of the Food Act and Food Regulations 2006 and the Food Safety Standards supervised by the Isaac Regional Council. No amplified music permitted. No pets or livestock permitted. 2. Approval of Goods Sold 2.1 The Stallholder shall only provide the goods or services approved by CQ Bikes Bulls Buggy’s & Bands Pty Ltd. The Stallholder will not conduct any other business or activity on the site, including but not limited to games, auctions, raffles, competitions, hawking or promoting. CQ Bikes Bulls Buggy’s & Bands Pty Ltd have overall control of signage, material or products sold or displayed at the Event. CQ Bikes Bulls Buggy’s & Bands Pty Ltd reserve the right to prohibit offensive goods from being sold or displayed on site. Banned items include: 2.3.1 Explicit and hard core t-shirts, fake cigarettes, fuel type fire lights (Zippo), knives (including pen knives), metal and wooden martial art nunchukkas, playing cards (nude or lurid), pressure pack fart gas, drug related goods (including cocaine kits, bongs etc), stink bombs, fireworks or crackers, laser pointers, swastikas, toy guns (including pellet guns, ball bearing guns, replica guns (bullet type)), pope downs (throwdowns), eight shot caps, strip caps, roll caps and spud guns. Only food and drinks that are listed on the Food Stall Application Form are permitted to be sold. In order to prevent over duplication of food items on 1.2 1.3 1.4 2.2 2.3 2.4 1 CQ BIKES BULLS BUGGY’S & BANDS PTY LTD PART B menus the Stall Manager has the right to request removal of some items from your menu if required. CQ Bikes Bulls Buggy’s & Bands Pty Ltd, through its authorised agents may attend and inspect the Stall at any time to determine compliance with the terms of this Agreement, and may remove, or require the removal, or any person, item or thing (and whether or not such item of thing otherwise falls within the definition of approved goods or services) that in the CQ Bikes Bulls Buggy’s & Bands sole discretion: a. is not appropriate for display; b. may cause offence; c. is an item or thing other than the approved goods or services; d. or is a person, item or thing about which a complaint has been made. 2.5 2.5.1 2.5.2 3. 3.1 At CQ Bikes Bulls Buggy’s & Bands Pty Ltd’s sole discretion, the Stall holder may be asked to remove the offending item or thing but CQ Bikes Bulls Buggy’s & Bands will be under no obligation to first make a demand for the Stallholder to remove the item or thing before actually removing the item or thing. At the conclusion of the Event, CQ Bikes Bulls Buggy’s & Bands will use its best endeavours to return to the Stallholder any item or good removed by CQ Bikes Bulls Buggy’s & Bands pursuant to clause 2.5 however CQ Bikes Bulls Buggy’s & Bands will be under no obligation to ensure that the item or good is returned to the Stallholder in the same condition, or at all. Camping There is camping available at Stall sites. Not all Stall sites have enough room for all staff to camp (3x3 camping area). If there is not enough room available to camp behind your stall you may not be able to camp in the Event precinct. Camping is free Only staff can camp in the Stallholders camping area provided there is enough room. 3.2 4. 4.1 Vehicle Access All supply vehicles that are part of the site must be included in the site diagram and the overall dimensions of the site; standard site meterage rates will apply. Awnings, guy ropes and drawbars must be included in your site diagram. Delivery access is only permitted during designated hours by registered vehicles holding a delivery permit. 4.2 2 CQ BIKES BULLS BUGGY’S & BANDS PTY LTD PART B 4.3 4.4 4.5 4.6 Deliveries by truck or forklift by prior arrangement only. No driving on grass slopes. Do not drive faster than walking pace. Stallholders are able to park in the Day Car Park Area. No cars will be allowed to be driven in the Event precinct area. The Stallholder may not bring motor vehicles onto the site without the written prior consent of CQ Bikes Bulls Buggy’s & Bands, which may be granted or withheld, or granted subject to such terms and conditions, as CQ Bikes Bulls Buggy’s & Bands may determine in its absolute discretion. 4.7 5. 5.1 5.2 5.3 5.4 5.5 6. 6.1 6.2 6.3 Site Diagram A dimensioned site diagram or sketch is required with the registration of interest. The diagram should depict the final setup state of your site and include: 5.1.1 Draw bars must be shown and included if they are not removable; 5.1.2 Removable drawbars need not be shown, however, please indicate on the diagram which side your site is towed from; 5.1.3 Dimensions to include total space (m2) that your site requires, including awnings which must be open for operation, guy ropes and drawbars; 5.1.4 Any associate vehicle is to be parked in day car park area. Stall space at the Event is at a premium, and your site is allocated based on the information provided in this Expression of Interest. Failure to accurately show all space requirements on the sketch may result in your site not being available on arrival at the Event. All racks, umbrellas and tables must be part of or attached to the actual Stall structure and must not impact the pedestrian thoroughfare of impede on the neighbouring stalls boundaries. All structures must meet the Australian standards, be fire retardant and be to a quality to withstand severe wind and rain. No food stall will be permitted to trade without flooring. Everything in or around the stall must be securely anchored and capable of withstanding strong winds and weather conditions. Electricity CQ Bikes Bulls Buggy’s & Bands operates generators, which use bio diesel, petrol or diesel. All Stalls are asked to keep the consumption to the absolute minimum. All equipment must be recently tested and tagged. 3 CQ BIKES BULLS BUGGY’S & BANDS PTY LTD PART B 7. 7.1 7.2 8. 8.1 8.2 8.3 8.4 9. 9.1 9.2 10. 10.1 10.2 10.3 Electrical equipment The Stallholder will provide their own lights, leads and power boards fitted with circuit breakers; the equipment must be water resistant and maintained above ground. All lights must be in safe working order and all leads are tested, dated and tagged by a registered electrician. Fees, Charges and Refunds You will be provided with your staff wristbands upon arrival and induction to the Event site. It is the Stallholders responsibility to provide all personnel with their wristbands and copies of the OHS and site rules before the opening of the Event. All staff must carry photo ID and wear the wristbands at all times during the Event. Staff without wristbands will be removed from site. Tax invoices will be issued by CQ Bikes Bulls Buggy’s & Bands Pty Ltd for payment and will be sent out via email. Full payment is required by 20th July 2015. If the full payment is not received by this date your application will be cancelled. Payments can be made by Direct Deposit, cash or Bank Cheque. No personal cheques will be accepted. The risk is accepted by the Stallholder with regards to the running and promotion of the stall within the Event. It is the Stallholders’ responsibility to cover any losses due to poor management or weather conditions. CQ Bikes Bulls Buggy’s & Bands is not responsible/liable for any losses of income due to weather or poor management. Cancellation CQ Bikes Bulls Buggy’s & Bands Pty Ltd reserves the right to cancel this agreement at any time (including as a result of any default be or on behalf of the Stallholder) and no compensation, payment of refund shall be payable to the Stallholder by CQ Bikes Bulls Buggy’s & Bands Pty Ltd. Cancellations must be received in writing no later than 20th August 2015 in order to be eligible to receive a refund if fees have been paid prior to this date. Cancellations after this date will forfeit the site fee. Garbage No glass and/or bottles are to be brought onto the Event site. All garbage must be ready each night for collection. All Stall sites are to be kept clean and tidy. No noticeable rubbish is to be visible to the patrons. 4 CQ BIKES BULLS BUGGY’S & BANDS PTY LTD PART B 11. 11.1 11.2 11.3 Water All Stalls must provide their own washbasin. Stallholders must advise of water requirements in their application. Water to be used sparingly at all times. 12. 12.1 Gas Any use of gas canisters must be included within your application and be fitted by an approved gas fitter only and must be firmly anchored to the ground within your stalls parameters. 13. 13.1 Obligations and Compliance The Stallholder shall arrange and keep in force an insurance policy indemnifying the Stallholder for liability with respect to any injuries sustained by any person or any damage suffered by any person as a result of the Stallholders’ activities at the Event (and noting CQ Bikes Bulls Buggy’s & Bands Pty Ltd interests in the policy), for an amount of not less than $20,000,000 in respect of each incident or set of circumstances. The Stallholder shall provide CQ Bikes Bulls Buggy’s & Bands Pty Ltd with a copy of the insurance policy. The Stallholder shall do all things reasonably necessary to protect against the risk of fire of and incidental to conducting the Stall (including maintaining appropriate fire safety equipment), comply with all fire safety laws and with any reasonable direction of CQ Bikes Bulls Buggy’s & Bands or fire authorities with respect to fire safety at the site. The Stallholder shall comply at all times with all laws relating to health, hygiene and safety of and incidental to conducting the Stall and with any reasonable direction of CQ Bikes Bulls Buggy’s & Bands or State or Local authority with respect to health, hygiene and safety. It is the responsibility of Stallholders to possess adequate Property Damage Insurance for own property used at the Event. Stalls must ensure a safe work environment as per QLD Safety regulations. Stallholders are personally responsible for any damage caused by them, their staff or their property site. CQ Bikes Bulls Buggy’s & Bands Pty Ltd will not be liable for any damage that is the result of implied or expressed breaches or mal-practice of any level of Government Authority or Festival/Event regulations. 13.2 13.3 13.4 13.5 13.6 13.7 13.8 5 CQ BIKES BULLS BUGGY’S & BANDS PTY LTD PART B 13.9 The Stallholder shall employ or retain suitably qualified, licenced (as the case may be) and experienced people to conduct the Stall and ensure adequate training, and supervision of those people conducting the Stall at all times. 13.10 All Stallholders must cover their workers with a Work Cover Insurance policy in accordance with the Work Cover recommendations. If you are exempt from Work Cover, please send a letter from Work Cover stating this fact. 13.11 CQ Bikes Bulls Buggy’s & Bands Pty Ltd and Council Officers reserve the right to inspect stall premises at any time and request presentation of all relevant documentation. 14. 14.1 14.2 Security All efforts are made to secure the site but no responsibility will be taken for loss or damage to any person or goods whether or not that loss, damage or injury arises from the negligence, staff or agents of CQ Bikes Bulls Buggy’s & Bands Pty Ltd. It is suggested Stallholders’ remove valuables and secure their stall when not on site. 15. 15.1 Communication Unless stated otherwise, all communication will be via telephone or email before Event or telephone, face-to-face or UHF during the Event. 16. 16.1 Abandoned Property The Stallholder will pay CQ Bikes Bulls Buggy’s & Bands immediately upon demand any cost or expense incurred by CQ Bikes Bulls Buggy’s & Bands in dealing with abandoned property. Any goods, property or chattels of the Stallholder not removed from the site within 24 hours of the conclusion of the Event or of this Agreement being terminated, will be regarded as abandoned by the Stallholder (“abandoned property”), and CQ Bikes Bulls Buggy’s & Bands may remove, store, dispose or deal in any way with the abandoned property at CQ Bikes Bulls Buggy’s & Bands sole discretion (including the sale of abandoned property) and at the sole expense of the Stallholder. CQ Bikes Bulls Buggy’s & Bands shall have no obligation to account to the Stallholder for the removal, disposal or sale of the abandoned property and the Stallholder hereby releases CQ Bikes Bulls Buggy’s & Bands Pty Ltd, its members, servants, agents and employees absolutely from any loss, damage or detriment that may be suffered by the Stallholder as a result of CQ Bikes Bulls Buggy’s & Bands Pty Ltd’s actions in dealing with the abandoned property. 16.2 16.3 6 CQ BIKES BULLS BUGGY’S & BANDS PTY LTD PART B 17. 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 General Food Safety Requirements (applicable to any food items being sold) All food handlers must provide proof of formal qualifications in their field or attend a council course for food handling. All persons engaged in the preparation of sale of food shall: a) Wear clean and appropriate clothing; b) Endure they keep themselves and their work area clean; c) Long hair kept tied back; d) Ensure hands are clean, before commencing or resuming work and after visiting a sanitary convenience, smoking, handling a refuse container, handkerchief or nasal tissue. Food shall be stored at least 75cm above the ground for protection from contamination. All food is to be protected from contamination by dust, flies, vermin, breath or handling by display in Bain-maries (where possible fitted with sliding doors), refrigerated cabinets or behind sneeze-proof shields. Squeeze-type dispensers, in covered containers must dispense sauces and other condiments. 17.5.1 Whole fruit and vegetables are exempt from this requirement. Food must be stored within a sealed cabinet, plastic film or food grade paper or plastic bags or covered with a food grade plastic film. No smoking in any food stall, van or other place where food is to be prepared and/or sold. Food stalls or vans not to be used for sleeping purposes or to store bedding, clothing or animals. Use tongs or suitable implements for the serving or cooking of foods. No raw timber is permitted in food preparation areas. (i.e. benches, cutting boards, wooden spoons) All food displayed must be covered from direct sunlight. Protection must be provided for the public against deep fryers barbecue plates and hot food displays. Direct heat cooking appliances must be suitably shielded. Cooked food must be kept at a temperature above 600C until the time of sale. There is a legal requirement that food vendors must provide a food-approved thermometer, which is accurate to + or – 10C. This will enable food vendors to monitor food deliveries, production, display and storage. Bain-maries must be kept running at a temperature of approximately 800C, as this maintains your food at 600C. 7 CQ BIKES BULLS BUGGY’S & BANDS PTY LTD PART B 17.16 Food containing meat, poultry, fish, eggs, dairy products or potentially hazardous food must be stored at below 50C. Frozen food must be stored at below -150C. 17.17 Cooked foods should be stored for no longer than 4 hours. 17.18 Meat and seafood to be kept iced down on trays or in eskies, when waiting for use in the kitchen. 17.19 The temperature of prepared food being transported must be maintained at below 50C at all times. 17.20 Transport of prepared food (e.g. Sauces) and cooking utensils must be in covered containers. 17.21 Vehicles used for the transportation of these items must be enclosed and free of dust and approved for this purpose. 17.22 Minimum Requirements for Food Preparation areas must be: 17.22.1.1 Roof a. Free from cracks or other defects b. Weatherproof c. Cover the entire food prep area and scullery 17.22.1.2 Walls a. Smooth, impervious, non-absorbent, non-toxic b. Easily washable c. Non-flammable near cooking equipment 17.22.1.3 Floor a. Raised to at least 10cm (4 inches) off the ground b. Non-slip, impervious non-absorbent c. Free from cracks, crevices or other defects d. Easily swept and washed 17.22.1.4 Lighting a. Adequate to provide a safe work environment 17.22.1.5 Hand Wash Sink a. Located in an accessible position in the food prep area b. Supplied with water c. Provided with liquid soap and paper towels d. Be used only for hand washing and be separate from utensil basins 17.22.1.6 Double Bowl Sink a. Size adequate for requirements b. Includes adequate drainage area for utensils 17.22.1.7 Water Supply a. Connected prior to commencement of trade b. Adequate supply of hot and cold water available at all times 8 CQ BIKES BULLS BUGGY’S & BANDS PTY LTD PART B 17.22.1.8 17.22.1.9 17.22.1.10 Prep Surfaces a. Constructed of or covered by smooth, impervious, non-absorbent, non-toxic material b. Used solely for food preparation c. Free from cracks, crevices or other defects d. Easily washed with an appropriate cleaner Hot and Cold Food Storage Unit a. Adequate for requirements, with a light inside cold room b. Thermometer or temperature gauges provided c. Able to maintain food at appropriate temperatures Personal Effects/Chemical Storage a. Stored away from food preparation areas APPENDIX 1 OFFICIAL EVENT SUPPLIERS To be supplied once CQ Bikes Bulls Buggy’s & Bands confirms suppliers for 2015 9 CQ BIKES BULLS BUGGY’S & BANDS PTY LTD PART B I agree that the information in the above schedule is true and correct. I agree that I have read, understood and accepted all Terms and Conditions relating to the Stallholder Agreement and I agree to comply with same Terms and Conditions. As the authorised representative of the Stall, I hereby indemnify CQ Bikes Bulls Buggy’s & Bands for any loss, damage, liability or any other action in any way resulting from my Food or Market Stall application or use of my Food or Market Stall Site area. EXECUTED as an Agreement on the date first mentioned SIGNED for and on behalf of CQ Bikes Bulls Buggy’s & Bands Pty Ltd by its’ duly Authorised officer in the presence of ) ) ) ______________________________ Event Manager – DOUGLAS ROBKE _______________________________________ Witness’ Signature _______________________________________ Witness’ Name SIGNED for and on behalf of ……………………….. In the presence of: ) _______________________________ ) Authorised Officer Signature ______________________________________ Witness’ Signature _______________________________ Authorised Officer Name ______________________________________ Witness’ Name _______________________________ Authorised Officer Position 10 CQ BIKES BULLS BUGGY’S & BANDS PTY LTD PART B