GENERAL TERMS AND CONDITIONS FOR LICENSEES
1 July 2016
The Licensor offers the Licensee a licence to operate the Stall at the Event during the Event Period, subject to the terms and conditions set out below (the Licence).
Unless otherwise specified, defined terms in these terms and conditions have the meaning specified below.
A site plan of the Venue and the area occupied by the Event (the Licensed Site) with the specific location of the Stall will be provided to the Licensee prior to the Event.
Except to the extent expressly specified in your receipt email, the Licence Fee is exclusive of any other hire costs for the use of the Licensor’s plant and equipment.
The Licensee may supply their own marquee/ structure for use at their Stall, provided that the marquee/ structure complies with all relevant safety and regulatory requirements, and that a design certificate/ engineers certificate is provided to the Licensor not less than 21 days before the Event.
Nature of Licence
This Licence is merely a contractual right to occupy the Licensed Site and operate the Stall at the Event, on the terms and conditions of this Licence. This Licence does not amount to a lease, or an interest in land in any form, and is not transferable or assignable to any other person or legal entity.
Set-up, Bump-in and Bump-out
All equipment required by the Licensee to operate the Stall will be at the Licensee’s own cost. Except to the extent otherwise agreed by the parties in writing, the Licensee is responsible for the set-up and pack down of the Stall.
Subject always to the direction of the Venue Operator’s event staff, the Licensee may bump-into and out of the Venue during the times notified to the Licensee by the Licensor, which may be subject to change. Access outside of these bump-in and bump-out times may be requested by the Licensee, and is at the discretion of the Licensor and the Venue Operator.
The set-up of the Stall (including signage) must be to a standard approved by the Licensor.
The Licensee must attend and complete a site induction including emergency evacuation procedures and site rules prior to the Event, on a date and time to be advised by the Licensor.
Occupational Health and Safety
The Licensee acknowledges that it is responsible for the safety of its employees, contractors and other individuals attending the Event and agrees to comply with all laws and requirements and any other policies and directions issued by the Licensor and/or the Venue Operator. The Licensee must notify the Licensor, or the Venue Operator event staff immediately of any safety concerns it has both before and during the Event, and of any accident of which it becomes aware during the Event, whether it occurs inside or outside the Licensed Site.
Limited electrical power will be supplied to the Stall by the Licensor. All other electrical requirements including fittings must be provided by the Licensee at the Licensee’s cost and subject to the Licensee’s responsibility. The Licensee must comply with the Licensor’s direction in relation to the use of electricity at the Stall.
Cleaning & Security
The Licensor will provide staff to clean and secure the common area within which the Stall is located. However, the Licensee must ensure that the Stall is kept clean at all times, including at the conclusion of the Event, and that any refuse is placed in approved refuse receptacles.
The Licensee must not and must ensure that its employees, agents and contractors do not do anything which damages or is likely to damage the Licensor’s, or the Venue Operator’s property, fixtures or fittings.
In the event that the Licensee, its employees, agents or contractors cause any damage to the Licensor’s or the Venue Operator’s property, the Licensee must pay to the Licensor all costs incurred by the Licensor in respect of any repairs.
The Licensor is environmentally aware and requires that the Licensee must use reasonable endeavours to use biodegradable/ compostable take away products for use at the Event.
The Licensee must obtain, at the Licensee’s cost, any licences, permits or other approvals required in order to operate the Stall at the Event in compliance with applicable law and regulations. The Licensor will obtain a Metropolitan Fire Brigade Catering Permit for days of Total Fire Ban (blanket cover) in respect of the Licensee, if applicable.
Food Act registration
If required to do so by law, the Licensee must, at its own cost, obtain any registration, and comply with all obligations required under the relevant Food Act, and do all things necessary to comply with the requirements of that registration including compliance with the Food Act and Food Standards Code.
Food Act consent
If applicable, by accepting these terms and conditions, the Licensee is deemed to consent to the release of relevant information about it and its business, to the Licensor from the relevant authority under the Food Act.
Venue Operator’s Directions
Without limiting any other clause in this Licence, the Licensee must immediately comply with any request or direction given by a member of the Venue Operator’s site and event management team in relation to the Licensee’s conduct at or in connection with the Event.
The Licensee must take out and maintain for the duration of the Event, with a reputable insurer, public and product liability insurance with cover for an amount not less than $20 million for each occurrence. The Licensee must ensure that the interests of the Licensor and the Event are noted on the public and product liability policy.
The Licensee must provide the Licensor with a certificate evidencing its compliance with this requirement at least 21 days prior to the Event.
The Licensee acknowledges that it does not acquire any intellectual property rights in the name or logo of the Licensor, the Event or any sponsor or other party associated with the Licensor in connection with the Event. The Licensee shall not use any logos, trademarks or other intellectual property relating to the Event in any way or at any time without the prior written approval of the Licensor (which approval may be given or withheld at the Licensor’s sole discretion).
All rights including copyright and other intellectual property rights in any material created in connection with the Event shall vest in, and/or are hereby assigned to, the Licensor and shall at all times remain the property of the Licensor.
The Licensee is responsible for, and indemnifies the Licensor from and against liabilities, losses, damages, claims, costs and expenses incurred directly or indirectly in connection with:
(a) the Licensee’s operation of the Stall at the Event and/or participation in the Event;
(b) the sale and/or distribution (whether for payment or otherwise) of any products by the Licensee in connection with the Stall and/or the Licensee’s participation in the Event;
(c) any act or omission of the Licensee, its employees, agents and contractors;
(d) any breach of any laws by the Licensee, its employees, agents and/or contractors; and
(e) any breach of this Licence by the Licensee.
Limitation of liability
The Licensee participates in the Event at its own risk and after undertaking its own due diligence regarding the Event.
The Licensee acknowledges that the Licensor does not make any representation or give any warranty with respect to the Event, including as to the success or profitability for the Licensee in participating in the Event, the number or type of clientele that will visit the Event and/or the suitability of the Permitted Use for the Event.
The Licensor’s liability under this Licence is limited to the fees actually paid by the Licensee to the Licensor. Under no circumstances will the Licensor be liable to the Licensee for any indirect, incidental, special and/or consequential losses or damages (including loss of profits or opportunity) arising directly or indirectly in connection with the Event.
Relationship of Parties
Nothing in this Licence may be construed as constituting one party as employer, agent or partner of the other or in joint venture with the other. No party has authority to bind or purport to bind the other party.
Unless otherwise expressly stated, all fees, prices or other sums payable or consideration to be provided under this Licence are exclusive of GST.
If GST applies to a supply by either party under this Licence, the consideration will be increased by an amount equal to the GST liability incurred by the party making the supply.
Any invoice rendered by a party in relation to this Licence in connection with a supply must conform to the requirements for a tax invoice.
If a payment to a party under this Licence is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then payment will be reduced by the amount of any input tax credit to which that party (or any entity grouped with that party for GST purposes) is entitled for that loss, cost or expense.
The Licensor may terminate this Licence by notice in writing to the Licensee at any time for convenience and without cause and without penalty, by refunding to the Licensee any fees paid under the Licence. The Licensor will not be required to provide any reasons to the Licensee for such termination.
The Licensee may terminate this Licence by notice in writing to the Licensor at any time for convenience, but forfeits any fees paid under the Licence to the Licensor.
The Licensor will not be liable for any delay or failure to perform its obligations to the extent that such delay or failure results from a Force Majeure Event and while the Force Majeure Event continues. The Licensor will give the Licensee notice as soon as reasonably possible containing details of the circumstances giving rise to the Force Majeure Event. The Licensee acknowledges and agrees that it will not be entitled to any reimbursement of any money paid under this Licence where a Force Majeure Event disrupts the Event.
In this Licence, a “Force Majeure Event” includes any fire, flood, storm, heat wave, earthquake, act of God, riot, civil disorder, rebellion, revolution or any other event beyond the Licensor’s control that affects the Licensor’s ability to perform any of its obligations under this Licence.
Acceptance of the offer of the Licence
To accept the offer of the Licence, you must pay the Licence Fee. Your payment of the fee represents acceptance of the terms of this Licence.
The following definitions apply in these General Terms and Conditions for Licensees:
Bump-in/out times means the specific dates and times you are permitted to bump in and out of the event site as confirmed to you in writing by the Licensor.
Event means the event to be conducted during the Event Period, and in which you agree to participate on the terms and conditions of the Licence.
Event Period means the specific dates and times that the Event will be open to the public, as confirmed to you in writing by the Licensor, and subject to change in the Licensor’s absolute discretion.
Licensee means the legal entity or natural person applying to participate in the Event on the terms and conditions of this Licence.
Licensor means MMJ Events Pty Ltd ABN 61 169 638 868
Permitted use means the activities you are authorised to undertake at your Stall, as confirmed to you in writing by the Licensor.
Stall means the area where you are authorised to operate under this Licence, to be advised by the Licensor in its absolute discretion.
Venue means the venue where the Event will take place, as confirmed to you in writing by the Licensor, and subject to change in the Licensor’s absolute discretion.
Venue Operator means the owner/ occupier of the land on which the Event will take place, and who has licensed the Licensor to operate the Event.