Event trader terms and conditions

  1. The Trader must:

    a. comply with all relevant laws (including without limitation Acts of Parliament, Regulations, Rules, Codes, Court Orders, statutory notices or directions, Industry Awards and/or Agreements and By-Laws); and
    b. comply with the requirements of all authorities having jurisdiction by law over any matter affecting the Services; and
    c. pay all fees and obtain all required approvals, certificates and licenses as necessary in connection with the Services; and
    d. ensure that any employees engaged in the delivery of the Services hold all qualifications, licences, registrations and permits required by law and are adequately trained and are competent to carry out their duties and perform their functions in relation to the provision of the Services.

  2. The Trader indemnifies and holds harmless the Council against all damage, injury, loss, costs, charges and expenses whatsoever incurred by the Council as a result of any breach by the Trader in relation to their participation in an Event.
  3. All Food Traders are required to hold current food business registration.
  4. Council requires that all Traders have current Public Liability Insurance for a minimum amount of $20m in order to participate in any Council Events. Current Certificates of Insurances must be provided to Council prior to participating in any Event.
  5. At any time Council may enter into a commercial sponsorship arrangement that may give a Sponsor the right to be the exclusive Supplier of a product or service. If a potential conflict exists with any Traders selected for an Event, Council will inform the affected Traders and negotiate the conditions of trading with them.
  6. Traders will be allocated sites for each Event. Council reserves the right to make adjustments to the location of any Trader on the Event site at any time.
  7. Traders accept the site fee as specified in the application criteria for each Event. If accepted for a particular Event, Traders will be required to pay their site fee at least two weeks prior to each Event. If an Event is cancelled for whatever reason, Council will work with Traders to arrange reimbursement of paid site fees.
  8. No religious or political material is permitted without the prior approval of Council.
  9. As Council’s Events are predominately outdoor Events. It is the responsibility of the Trader to ensure they have protection from the weather. All Traders must supply their own marquee/tent for their Event site.
  10. Traders are responsible for the bulk rubbish removal from their allocated site area. Cleaning labour fees may be charged to the Trader if rubbish is left on site.
  11. Traders are liable for any unnecessary damage caused to the Event site.
  12. The Council reserves the right to refuse any Trader it deems not in keeping with the spirit of the Event. Council may, if necessary, ask a Trader to leave the Event if products are not within the guidelines, or Council may remove any offending products.
  13. Any loss or damage to the Trader’s property will be the responsibility of the Trader.
  14. Prior to each Event the selected Traders will be sent details regarding the ‘bump in’ and ‘bump out’ of the Event. For most Events Traders will be permitted to drive onto the Event site to unload, set up and pack down their site, if this is not permitted alternate arrangements will be communicated.
  15. Power will be available at each of Council’s Events; however, depending on the location of the Event site, provision may be limited. When selecting Traders for each Event, Council will take into account the power requirements provided in the Trader’s application. All electrical equipment must be tested and tagged and be currently valid. Traders are required to supply their own extension leads.
  16. Trader’s site(s) may be inspected by Council health inspectors and/or SafeWork SA before or during the Event.
  17. Trading can only occur during the set Event times. No trading is to commence prior to the Event and Traders must cease trading and start packing up at the conclusion of the Event.
  18. The Council retains the right to include images and video of Traders for marketing and promotional purposes.
  19. Traders will not be considered for inclusion in an Event if :

    a. they engage in collusive practice, anti-competitive conduct, conduct that is misleading or deceptive or contrary to law
    b. they obtain or attempt to obtain improper assistance of a current or former employee of the Council or otherwise use information improperly obtained from the Council
    c. they violate the Council’s policies regarding the offering of inducements to the elected members or employees; or
    d. they attempt to influence the outcome of the selection process by lobbying any elected member or employee of the Council or any potential member of the selection panel.

  20. Work Health Safety

    a. Traders must ensure that at all times they and any employees or sub-contractors engaged in the provision of the Services identify and take all precautions as necessary to comply with the respective duties under the Work Health and Safety Act 2012.
    b. Traders must immediately comply with any and all reasonable directions of the Council regarding work health and safety in relation to the delivery of the Services at the Council’s premises or at any workplace for which the Council is responsible.

  21. The Database may be refreshed after five (5) years, or earlier if Event Compliance Criteria change. In the event that the Database is refreshed, all Traders on the Database will be required to re-apply.
  22. Traders may be removed from the Database in the Event of any non-compliance with the above Terms and Conditions and/or if the Trader’s performance at any Event in any way compromises the quality of the Event and/or affects the reputation of Council and/or their Event Brand.