Mackay Beach Horse Races - Vendor Terms And Conditions

Vendor Terms And Conditions

General

1

General

1.1

The entertainment precinct of MBHR is open from approximately mid-afternoon to late evening on Friday, 16 August 2024, and approximately late morning until late evening on Saturday, 17 August 2024. Stallholders are encouraged to trade from open to close on Saturday (with minimum required trading hours to be advised prior to acceptance of the MBHR Vendor Agreement).

1.2

The stall must be clean and presentable at all times. Any stall that does not present/operate to the expectations of MBHR Management will be asked to correct its operation. If corrections have not been actioned within two hours, permission to continue trading at the Festival will be withdrawn without refund, payment or compensation.

1.3

The Stallholder will not bring or permit to brought onto the site any dog or other animal.

1.4

The Stallholder will not use amplifiers or loud speakers, whether at the stall or otherwise.

2

Approval of Goods Sold

2.1

MBHR Management has overall control of signage, material or products sold or displayed at the Festival. 

2.2

The Stallholder shall only provide the goods or services approved by MBHR Management. 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. 

2.3

MBHR Management reserves the right to prohibit offensive or dangerous goods from being sold or displayed on the Site. Examples of banned items include but are not limited to: apparel featuring explicit slogans or imagery, knives, drug-related goods, fireworks, laser pointers, pellet/spud guns etc. 

2.4

MBHR Management reserves the right to prohibit goods featuring the Festival’s intellectual property (including logos or branding elements), artist names, artist imagery etc., as well as goods that infringe upon the copyright of third parties. 

2.5

MBHR Management, through their authorised agents, may attend and inspect the stall at any time to determine compliance with the Terms & Conditions herein, and may remove, or require the removal, of any person, item or thing (and whether or not such item or thing otherwise falls within the definition of approved goods or services) that in the sole discretion of MBHR Management:

  1. is not appropriate for display; 
  2. may cause offence; 
  3. is an item or thing other than the approved goods or services; or
  4. is a person, item or thing about which a complaint has been made. 

2.5.1

At the sole discretion of MBHR, the Stallholder may be asked to remove the offending item or thing, but MBHR 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. 

2.5.2

At the conclusion of the Festival, MBHR will use its best endeavours to return to the Stallholder any item or good removed by MBHR pursuant to clause 2.5; however, MBHR will be under no obligation to ensure that the item or good is returned to the Stallholder in the same condition, or at all. 

2.6

The Stallholder will not provide, promote or sell (or attempt to provide, promote or sell) by any means whatsoever any goods or services which compete, or which in the sole discretion of MBHR Management may be regarded as competing with goods or services of any official MBHR sponsor.

2.7

The sale of tobacco or cigarettes is prohibited.

2.8

The Stallholder must be on the Site to accept all deliveries for their stall. MBHR Management will not direct delivery companies to individual stalls. 

3

Vehicle Access

3.1

Delivery access is at the sole discretion of MBHR Management and may only be permitted during designated hours. 

3.2

Deliveries by truck or forklift may only occur by prior arrangement with MBHR Management. 

3.3

Vehicles on the Site may only travel at walking pace, with hazard lights operational. 

3.4

The Stallholder may not bring motor vehicles onto the Site without the written prior consent of MBHR Management, which may be granted or withheld, or granted subject to such terms and conditions as MBHR Management may determine in their absolute discretion. 

4

Stall Diagram

4.1

A dimensioned stall diagram or sketch is required prior to arrival on the Site. This diagram should depict the final setup state of your stall:

  1. draw bars must be shown and included if they are not removable;
  2. removable draw bars need not be shown; however, please indicate on the diagram which side your stall is towed from;
  3. dimensions should include total space (m²) that your stall requires, including awnings which must be open for operation, guy ropes, and drawbars; and
  4. any associated vehicle is to be included in the sketch.

4.2

Stall space at the Site is at a premium and your position is allocated based on the information provided in your registration. Failure to accurately show all space requirements on the sketch may result in your position not being available on arrival at the Site. 

4.3

All racks, umbrellas and tables must be part of or attached to the actual stall structure and must not impact the pedestrian thoroughfare or impede on the neighbouring stalls’ boundaries. 

4.4

Everything in or around the stall must be securely anchored and capable of withstanding strong winds and weather conditions. 

4.5

All structures must meet the Australian Standards, be fire retardant, and be to a quality to withstand severe wind and rain. 

5

Electricity

5.1

MBHR Management may operate generators which use biodiesel, petrol or diesel. 

5.2

All stalls are to keep electricity consumption to the absolute minimum. 

6

Electrical Equipment

6.1

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.

6.2

All lights and electrical equipment must be in safe working order and all leads tested, dated and tagged by a registered electrician. 

7

Fees, Charges & Refunds

7.1

You will be provided with your staff wristbands (or similar) upon arrival and induction to the Site. It is the Stallholder’s responsibility to provide all Stallholder Personnel with their wristbands (or similar provided passes) and copies of the OHS and Site rules before the commencement of MBHR. All Stallholder Personnel must carry photo ID and wear the wristbands (or similar provided passes) at all times during MBHR. Stallholder Personnel without wristbands (or similar provided passes) will be removed from the Site. Lost wristbands (or similar provided passes) will not be replaced and may be repurchased at the gate. 

7.2

Stallholders and all Stallholder Personnel are required to register their details within the ticketing system as part of MBHR’s COVID Safe Event Plan. A link to complete this step will be supplied prior to the event.

8

Garbage

8.1

No glass and/or bottles are to be brought onto the Site.

8.2

All garbage must be separated and left in correct bins each night for collection. 

8.3

All stalls are to be kept clean and tidy. No noticeable rubbish is to be visible to the patrons at MBHR. 

9

Water

9.1

Water is to be used sparingly at all times.

9.2

All stalls must provide their own washbasin. 

9.3

Stallholders must advise of water requirements in their application. 

10

Gas

10.1

Any use of gas canisters must be included within your application, be fitted by an approved gas fitter only, and be firmly anchored to the ground within your stall’s parameters. 

11

Obligations and Compliance 

11.1

All Stallholders must cover their workers with a WorkCover insurance policy in accordance with the WorkCover recommendations. 

11.2

It is the responsibility of Stallholders to possess adequate property damage insurance for the property used on the Site during MBHR.

11.3

Stallholders are personally responsible for any damage caused by them, their Personnel, or their property on the Site. 

12

Communication

12.1

Unless stated otherwise, all communication will be via telephone or email. Stallholders are required to maintain a reliable connection. 

13

Public Health Obligations (COVID Safe Measures)

13.1

Under Public Health Directions (viewable here: https://tinyurl.com/68mp3fhc), you must have a COVID Safe Industry plan showing how your business will keep your patrons and staff safe. There is one plan per industry and each plan includes a COVID Safety Checklist. The COVID Safe Industry Plan for Retail, Hair & Beauty is accessible here: https://tinyurl.com/a2bbur5 and it is a requirement of trade that all Stallholders and Stallholder Personnel follow the instructions per this industry plan.

13.2

All Stallholders must download, sign, and display their Statement of Compliance for their business/stall. Non-compliance with clause 14 will result in the immediate withdrawal of MBHR Management’s permission to continue trading at the Festival and Stallholders will be ineligible for refund, payment or compensation.

14

Sustainability Obligations

14.1

All Stallholders must abide by the minimum sustainability practices detailed in their final vendor agreement in relation to recycling, use of recyclable/sustainable materials, minimisation of single-use plastics etc. 

Food

1

General

1.1

The entertainment precinct of MBHR is open from approximately mid-afternoon to late evening on Friday, 16 August 2024, and approximately late morning until late evening on Saturday, 17 August 2024. Stallholders are encouraged to trade from mid-afternoon til late on Friday, and late morning until late evening on Saturday (with minimum required trading hours to be advised prior to acceptance of the MBHR Vendor Agreement).

1.2

The stall must be clean and presentable at all times. Any stall that does not present/operate to the expectations of MBHR Management will be asked to correct its operation. If corrections have not been actioned within two hours, permission to continue trading at the Festival will be withdrawn without refund, payment or compensation.

1.3

The Stallholder will not bring or permit to brought onto the site any dog or other animal.

1.4

The Stallholder will not use amplifiers or loud speakers, whether at the stall or otherwise.

1.5

The Stallholder must comply with health requirements of the Food Act 2006, Food Regulations 2016 and the Australian New Zealand Food Standards Code.

2

Approval of Goods Sold

2.1

MBHR Management has overall control of signage, material or products sold or displayed at the Festival. 

2.2

The Stallholder shall only provide the goods or services approved by MBHR Management. 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. 

2.3

MBHR Management reserves the right to prohibit offensive or dangerous goods from being sold or displayed on the Site. Examples of banned items include but are not limited to: apparel featuring explicit slogans or imagery, knives, drug-related goods, fireworks, laser pointers, pellet/spud guns etc. 

2.4

MBHR Management reserves the right to prohibit goods featuring the Festival’s intellectual property (including logos or branding elements), artist names, artist imagery etc., as well as goods that infringe upon the copyright of third parties. 

2.5

MBHR Management, through their authorised agents, may attend and inspect the stall at any time to determine compliance with the Terms & Conditions herein, and may remove, or require the removal, of any person, item or thing (and whether or not such item or thing otherwise falls within the definition of approved goods or services) that in the sole discretion of MBHR Management:

  1. is not appropriate for display; 
  2. may cause offence; 
  3. is an item or thing other than the approved goods or services; or
  4. is a person, item or thing about which a complaint has been made. 

2.5.1

At the sole discretion of MBHR, the Stallholder may be asked to remove the offending item or thing, but MBHR 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. 

2.5.2

At the conclusion of the Festival, MBHR will use its best endeavours to return to the Stallholder any item or good removed by MBHR pursuant to clause 2.5; however, MBHR will be under no obligation to ensure that the item or good is returned to the Stallholder in the same condition, or at all. 

2.6

The Stallholder will not provide, promote or sell (or attempt to provide, promote or sell) by any means whatsoever any goods or services which compete, or which in the sole discretion of MBHR Management may be regarded as competing with goods or services of any official MBHR sponsor.

2.7

The sale of tobacco or cigarettes is prohibited. 

  The Stallholder must be on the Site to accept all deliveries for their stall. MBHR Management will not direct delivery companies to individual stalls. 

3

Vehicle Access

3.1

Delivery access is at the sole discretion of MBHR Management and may only be permitted during designated hours. 

3.2

Deliveries by truck or forklift may only occur by prior arrangement with MBHR Management. 

3.3

Vehicles on the Site may only travel at walking pace, with hazard lights operational. 

3.4

The Stallholder may not bring motor vehicles onto the Site without the written prior consent of MBHR Management, which may be granted or withheld, or granted subject to such terms and conditions as MBHR Management may determine in their absolute discretion. 

4

Stall Diagram

4.1

A dimensioned stall diagram or sketch is required prior to arrival on the Site. This diagram should depict the final setup state of your stall:

  1. draw bars must be shown and included if they are not removable;
  2. removable draw bars need not be shown; however, please indicate on the diagram which side your stall is towed from;
  3. dimensions should include total space (m²) that your stall requires, including awnings which must be open for operation, guy ropes, and drawbars; and
  4. any associated vehicle is to be included in the sketch.

4.2

Stall space at the Site is at a premium and your position is allocated based on the information provided in your registration. Failure to accurately show all space requirements on the sketch may result in your position not being available on arrival at the Site. 

4.3

All racks, umbrellas and tables must be part of or attached to the actual stall structure and must not impact the pedestrian thoroughfare or impede on the neighbouring stalls’ boundaries. 

4.4

Everything in or around the stall must be securely anchored and capable of withstanding strong winds and weather conditions. 

4.5

All structures must meet the Australian Standards, be fire retardant, and be to a quality to withstand severe wind and rain. 

5

Electricity

5.1

MBHR Management may operate generators which use biodiesel, petrol or diesel. 

5.2

All stalls are to keep electricity consumption to the absolute minimum. 

6

Electrical Equipment

6.1

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.

6.2

All lights and electrical equipment must be in safe working order and all leads tested, dated and tagged by a registered electrician. 

7

Fees, Charges & Refunds

7.1

You will be provided with your staff wristbands (or similar) upon arrival and induction to the Site. It is the Stallholder’s responsibility to provide all Stallholder Personnel with their wristbands (or similar provided passes) and copies of the OHS and Site rules before the commencement of MBHR. All Stallholder Personnel must carry photo ID and wear the wristbands (or similar provided passes) at all times during MBHR. Stallholder Personnel without wristbands (or similar provided passes) will be removed from the Site. Lost wristbands (or similar provided passes) will not be replaced and may be repurchased at the gate. 

7.2

Stallholders and all Stallholder Personnel are required to register their details within the ticketing system as part of MBHR’s COVID Safe Event Plan. A link to complete this step will be supplied prior to the event.

8

Garbage

8.1

No glass and/or bottles are to be brought onto the Site.

8.2

All garbage must be separated and left in correct bins each night for collection. 

8.3

All stalls are to be kept clean and tidy. No noticeable rubbish is to be visible to the patrons at MBHR. 

9

Water

9.1

Water is to be used sparingly at all times.

9.2

All stalls must provide their own washbasin. 

9.3

Stallholders must advise of water requirements in their application. 

10

Gas

10.1

Any use of gas canisters must be included within your application, be fitted by an approved gas fitter only, and be firmly anchored to the ground within your stall’s parameters. 

11

Obligations and Compliance 

11.1

All Stallholders must cover their workers with a WorkCover insurance policy in accordance with the WorkCover recommendations. 

11.2

It is the responsibility of Stallholders to possess adequate property damage insurance for the property used on the Site during MBHR.

11.3

Stallholders are personally responsible for any damage caused by them, their Personnel, or their property on the Site. 

12

Communication

12.1

Unless stated otherwise, all communication will be via telephone or email. Stallholders are required to maintain a reliable connection. 

13

General Food Safety Requirements (applicable to any food items being sold)

13.1

Stallholders must have the required licences and certifications (and formal training or qualifications where such are required) in place and must provide proof to MBHR Management upon request.

13.2

All persons engaged in the preparation and sale of food shall:

  1. wear clean and appropriate clothing;
  2. ensure they keep themselves and their work area clean;
  3. ensure they keep long hair tied back;
  4. ensure hands are clean before commencing or resuming work and after visiting a sanitary convenience, smoking, handling a refuse container, handkerchief or tissue.

13.3

There is to be no smoking in any food stall, van or other place where food is to be prepared and/or sold.

13.4

Food shall be stored at least 75cm above the ground for protection from contamination.

13.5

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.

13.6

Food must be stored within a sealed cabinet, plastic film or food grade paper or plastic bags or covered with food grade plastic film.

13.7

Minimum requirements for food preparation areas:

13.7.1

Roof

  1. Free from cracks or other defects.
  2. Weatherproof.
  3. Cover the entire food preparation area and scullery. 

13.7.2

Walls

  1. Smooth, impervious, non-absorbent, non-toxic.
  2. Easily washable.
  3. Non-flammable near cooking equipment.

13.7.3

Floor

  1. Raised to at least 10cm (4 inches) off the ground.
  2. Non-slip, impervious, non-absorbent.
  3. Free from cracks, crevices or other defects.
  4. Easily swept and washed.

13.7.4

Water supply

  1. Connected prior to commencement of trade.
  2. Adequate supply of hot and cold water available at all times.

13.7.5

Lighting

  1. Adequate to provide a safe work environment.

13.7.6

Hand wash sink

  1. Located in an accessible position in the food preparation area.
  2. Supplied with water.
  3. Provided with liquid soap and paper towels.
  4. Be used only for hand washing and be separate from utensil basins.

13.7.7

Double bowl sink

  1. Size adequate for requirements.
  2. Includes adequate drainage area for utensils.
  3. Connected to the silage system.

13.7.8

Preparation surfaces

  1. Constructed of or covered by smooth, impervious, non-absorbent, non-toxic material. Used solely for food preparation.
  2. Free from cracks, crevices or other defects.
  3. Easily washed with an appropriate cleaner.

13.7.9

Hot and cold food storage unit

  1. Adequate for requirements, with a light inside cold room.
  2. Thermometer or temperature gauges provided. 
  3. Able to maintain food at appropriate temperatures.

13.7.10

Personal effects/Chemical storage

  1. Stored away from food preparation areas. 

14

Public Health Obligations (COVID Safe Measures)

14.1

Under Public Health Directions (viewable here: https://www.health.qld.gov.au/system-governance/legislation/cho-public-health-directions-under-expanded-public-health-act-powers/business-activity-undertaking-direction), you must have a COVID Safe Industry plan showing how your business will keep your patrons and staff safe. There is one plan per industry and each plan includes a COVID Safety Checklist. The COVID Safe Industry Plan for Food Services is accessible here: https://www.covid19.qld.gov.au/government-actions/approved-industry-covid-safe-plans/food-services and it is a requirement of trade that Stallholders and all Personnel follow the instructions per this industry plan.

14.2

All Stallholders must download, sign, and display their Statement of Compliance for their business/stall. Non-compliance with clause 14 will result in the immediate withdrawal of MBHR Management’s permission to continue trading at the Festival and Stallholders will be ineligible for refund, payment or compensation.

15

Sustainability Obligations

15.1

All Stallholders must abide by the minimum sustainability practices detailed in their final vendor agreement in relation to recycling, use of recyclable/sustainable materials, minimisation of single-use plastics etc. 

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