The Festive Féte
Saturday, December 4th, 2021
Vendor Terms & Conditions
Application means the Festive Féte’s Trade Application Form which Vendors complete and return to the Festive Féte to apply for a Site at the Festive Féte binding them to these Terms.
Vendor(s) means a Vendor who has submitted an Application for a Site at the Festive Féte and includes all employees, agents or contractors of any individual, partnership or company applying/exhibiting
Festive Féte means the Festive Féte
Site means a trade site to exhibit goods/services at the Festive Féte
Festive Féte Team means the Festive Féte and includes any authorised officer appointed by the Team
Terms means these Terms & Conditions.
2.1. By submitting an Application, Vendors agree to these Terms.
2.2. The Festive Féte may accept or decline any Application at its sole discretion.
2.3. A non-refundable admin fee of $50 (plus GST) is included in the Site Fee; this will only be refunded if the Festive Féte Team does not offer a Site to a Vendor.
2.4. No Vendors can not move to any other Site or area other than what has been allocated to them by the Festive Féte Team. Any person infringing regulations without permission in writing from the Festive Féte Team will incur expulsion from the Festive Féte.
The Festive Féte Team will try its best to offer Vendors their first option of the same Site each year, but this cannot be guaranteed. Changes to the grounds, growth of the Festive Féte and other unforeseen circumstances may alter layout and may have an impact on this, the Festive Féte Team does not guarantee corner Sites or through Sites. To request the same Site as last year, Vendors must complete the Application and return it before 31 July. The Festive Féte reserves the right to move any Vendor as it deems necessary.
3.1. The Vendor shall be liable for payments (including all taxes) as stipulated in these Terms.
3.2. All Site fees must be paid in full no later than 30 September 2021 to fully confirm a Site. If full Site fees are not received from the Vendor by this due date the Festive Féte Team may offer the Site to another Vendor.
4. Festive Féte DAY
4.1. The Festive Féte will be open to public from 10am to 3:30pm on Saturday December 4th, 2021
4.2. Vendors must have their Sites fully operational during these advertised public opening hours of the Festive Féte. Vendors must have personnel in attendance between the hours 10am to 3:30pm Saturday. No Vendor’s display to be removed from the Festive Féte until after 3:30pm Saturday in view of safety.
4.3. Vendors acknowledge that public safety is of paramount importance and will ensure all care taken is while setting up and dismantling their Site.
5.1. The Festive Féte Team has the authority to enter a Site at any time and remove any article, sign, picture or printed matter which in its opinion may cause offence to the public, or is not in keeping with the requirements of the Festive Féte.
5.2. The Festive Féte grounds (Cromwell Racecourse) will be marked out the week preceding the Festive Féte and Vendors will be able to set up on Saturday December 4th, 2021 from 7am unless by prior arrangement.
5.3. All Sites must be set up by 9.15am Saturday December 4th, 2021
5.4. All Sites will be measured using the Festive Féte’s measuring wheel. This measuring wheel will be the official measurement tool for the Sites.
5.5. All Vendors must keep inside their allocated site, including all guide ropes. Trip hazards must be made clear to the public.
6.1. If a Vendor requires power, the electrical flelds must be completed on the Application. A fee is charged for each Site needing power.
6.2. It is the Vendor’s responsibility to ensure the electrical contract is accurately completed with all necessary power requirements clearly stated, including if overnight power is required.
6.3. All portable electrical equipment on a Site must have a current electrical test and tag, which demonstrate compliance with NZS3760 wiring regulations, to the satisfaction of the Society. All catering Vendors (food caravans etc) must have a current electrical WOF NZS3019.
7. Vendor WARRANTIES
7.1. All Vendor’s warrant that:
a. they will operate the Site in a proper and professional manner and will ensure that the Site is properly staffed by competent representatives;
b. they will operate the Site in compliance with all of the Festive Féte’s policies, procedures and requirements, as advised by the Festive Féte at any time;
c. keep the Site properly maintained and cleaned, and keep passageways adjacent to its Site free from obstruction;
d. at all times its conduct will not bring discredit to the Festive Féte or cause any nuisance or disruption to the Festive Féte or Team;
e. they have the authority to enter into and perform its obligations under these Terms and these Terms constitutes its legal, valid and binding obligations enforceable in accordance with its terms.
8.1. All property of a Vendor is brought into the Festive Féte at the risk of the Vendor. Vendors must hold personal insurance cover for their own property.
8.2. All Vendors must take out and maintain during the Festive Féte the following policies of insurance with a reputable insurer:
a. public liability insurance for an amount not less than $2,000,000; and
b. ensure that all workers have ACC workers’ cover and for persons who are not eligible for ACC workers’ cover, workers compensation insurance in respect of all employees and contractors of the Vendor,
proof of this cover is to be produced by the Vendor if requested by the Festive Féte.
9. SECURITY AND VEHICLES
9.1. Vendors are allowed one vehicle only inside the Festive Féte grounds in order to allow the Vendor to set up their Site. No vehicles are permitted to remain parked inside the Festive Féte grounds and all vehicles must be out of the Festive Féte grounds by 9.15am on Féte day..
9.2. Vendors acknowledge that the maximum driving speed inside the Festive Féte grounds is 10km and agree to at all times exercise extreme care.
9.3. Vehicles must not block access ways at any time. Any vehicle the Team deems blocking an access way may get towed at the Vendor’s risk and expense.
9.4. We do not have security guards overnight so stalls set up the night before are at the owners risk.
10. Vendor ADMISSION
10.1. We allow 2-3 people to staff each site. If you have people coming after 9:30, they will have to pay to enter the event. This includes community groups who have been gifted a site to do fundraising
10.3. No entry is permitted to the Festive Féte without having been accepted as a Vendor or paying at the gate
11. HEALTH AND SAFETY
11.1. All Vendors must sign in at the EFTPOS/Info office or with the traffic directors on arrival and Vendors must at all times follow the instructions of Festive Féte officials and marshals.
11.2. Vendors must comply with local body bylaws, all laws, regulations and policies (including, without limitation, Health and Safety at Work Act 2015 (HSWA), HSWA Regulations and laws related to the preparation and distribution of food and beverage items) which govern the erection of structures, vehicles and/or other products or goods of the Vendors.
11.3. Vendors are responsible for Health and Safety at their Site, by identifying, eliminating and minimising any potential hazards to staff, volunteers, contractors and public.
11.4. Vendors are responsible for preparing and monitoring a Health and Safety audit for their Site.
11.5. Vendors are required to have suitable, approved fire extinguishers on their stand at all times.
11.6. Any fire or BBQ appliance used by a Vendor must be fire safe compliant.
11.7. Any Vendor using a heating appliance or apparatus must provide an appropriate non-flammable separation area of at least 2 meters wide between the public and the apparatus.
11.8. Vendors acknowledge that no smoking is permitted inside any marquees or Festive Féte grounds buildings.
11.9. No Vendor shall install or maintain any LPG container greater than 10 kg. All compressed gas cylinders must at all times be secured against tipping and must have snap couplings.
11.10. Each Vendor must keep all display equipment and signs within their allocated Site boundaries.
11.11. All tent and marquee pegs must be covered with sandbags or shrubs as must other dangerous spikes or protruding objects.
11.12. Vendors must ensure that they keep walkways clear and no dangerous equipment or chemicals are accessible to the public.
11.13. The First Aid Station is located inside the EFTPOS/ information building or at the St Johns Ambulance (if they are in residence at the time).
11.14. Accidents and hazards must be reported to the EFTPOS/ information building tent.
11.15. The Festive Féte Team may inspect a Site from time to time. The Festive Féte Team may instruct a Vendor to make changes regarding the operation of their Site, storing or receiving of products, disposal of waste from the Site, Health and Safety risks within the Site and/or any other matter relating to the Site. The Vendor must immediately comply with any instructions directed by the Festive Féte Team. The Festive Féte Team reserves the right to close down any Sites or activities if they pose a risk to members of the public or to order immediate removal from the Festive Féte grounds of any exhibits it considers dangerous, offensive or unmanageable. For the avoidance of doubt, there will be no compensation provided to the Vendor where the Festive Féte Team closes a Site as a result of this clause.
12. FOOD AND HOSPITALITY
12.1. Vendors providing hospitality must complete the Application for Food Licence.
12.2. The Vendor acknowledges that the Festive Féte has adopted a “No glass” policy for Vendors offering hospitality.
12.3. Vendors offering hospitality must apply the Host Responsibility Policy and be responsible hosts. The Festive Féte accepts no responsibility for a Vendor’s guests.
12.4. The sale of food or confectionery lines, other than from approved outlets is prohibited.
12.5. Raffle tickets, selling or touting can be sold by non-profit organisations as long as it is done from their Site or prior approval has been sought and granted from the Festive Féte Team.
13.1. Vendors intending on supplying alcoholic beverages from their Site need to complete the Liquor Application with their Application. No Vendor is allowed to offer alcoholic beverages without prior written permission from the Festive Féte.
13.2. Liquor Licence hours are from 10am-3pm. No alcohol may be served after this time.
13.3. No opened alcohol is allowed off any Site.
14.1. Any Vendor interested in sponsorship and advertising opportunities should contact the Festive Féte Team.
14.2. The privilege of distributing advertisements or other documents is restricted exclusively to Vendors at their respective Sites. Placards or advertisements posted without prior approval of the Festive Féte Team will be removed.
15. SIGNAGE, STRUCTURES, AND THE BUILDING ACT
15.1. No Vendor shall erect scaffolding above the height of two meters for the purpose of signage. The Festive Féte Team reserves the right to remove any signage it deems inappropriate. No signage shall be erected outside of a Vendors Site. No signage or scrim shall be erected on any fencing.
15.2. Vendors must comply with the Building Act 2004 (Act), including any regulations or amendments to the Act.
16. USE OF Vendor INFORMATION AND THE PRIVACY ACT
16.1. By completing the Application, the Vendor agrees and acknowledges that:
a. Vendor details can be used as part of the Festive Féte’s information;
b. Vendor details can be made available to the media for use in compiling the Festive Féte newspaper supplements, for human interest stories, as well as for programme preparation and for the Festive Féte to use in promotional and educational material about the Festive Féte;
c. Vendors details can be made available to nominated companies that exhibit resource materials, where the Festive Féte believes them to be reputable.
d. Vendor details given to the Festive Féte on the Application will be directly transferred and used as the company listing in the Vendors list in the Festive Féte programme online or in print. Vendors should clearly state the correct company name which will be publicised;
e. Vendors give consent to the Festive Féte to take and use photographs, images and any video footage of the Vendor, or the Vendor’s Site during the Festive Féte in perpetuity in any media without payment to the Vendor.
16.2. All personal information provided by Vendors on the Application will be held by the Festive Féte. Under the Privacy Act 1993, Vendors have the right to access and correct their personal information.
17.1. Vendors agree that they will not commence dismantling their Site or remove any displays from the Festive Féte grounds until after 3:30pm Saturday. All Sites are to be returned to the original condition. Displays must be completely removed from the Festive Féte grounds by 5.30pm on Festive Féte day, including any rubbish/cardboard boxes etc
17.2. Vendors whose items remain on the property after 5.30pm will be liable for all costs incurred (legal or otherwise) plus a storage fee of $50 per day until the items are removed from the Festive Féte grounds unless prior approval.
17.3. Vendors must take special care while setting up and dismantling their display as public and young children are walking freely in the area.
17.4. Any contamination or damage to a Site caused by a Vendor will be the responsibility of the Vendor to rectify (i.e. filling holes, removing gear, equipment, bark, marquees etc). If the Festive Féte in its sole discretion deems it appropriate to engage a third party to undertake such rectification work, the costs will be passed on to the Vendor.
17.5. Any Vendor leaving rubbish or other property on a Site or anywhere in the Festive Féte grounds will be liable for a fine of $200 (plus GST) as well as the cost of removing the rubbish/property. If necessary, Vendors should arrange for the removal of their rubbish including, plants and pallets.
18. TERMINATION OR CANCELLATION
18.1. Should a Vendor be unable or unwilling to perform its part of these Terms or fail to comply with these Terms, or any of the Festive Féte’s policies, or otherwise be in breach of these Terms, the Festive Féte may terminate these Terms by giving notice in writing. The Vendor shall thereafter be prohibited from occupying its Site and shall immediately remove its exhibits from the Festive Féte grounds in accordance with the Festive Féte’s directions.
18.2. The Festive Féte reserves the right in its sole discretion to cancel or to postpone the Festive Féte (and the operation of these Terms) by notice in writing. The Festive Féte shall not be liable to the Vendor for any loss, damage, or compensation whatsoever arising out of the cancellation or postponement of the Festive Féte.
18.3. If the Festive Féte is abandoned or postponed due to any reason beyond the control of the Festive Féte, the Festive Féte is under no obligation to refund in whole or in part any payments made by the Vendors. Any refund will be at the sole discretion of the Festive Féte.
18.4. The Festive Féte will not run at COVID Level 2 or above. If we are forced to cancel the Festive Féte as a result of COVID levels, at short notice (less than 4 weeks) there will be no refund to Vendors. As stated in Section 2.3 there is a non-refundable $50 administration fee, that would not be subject to a refund under a change in COVID level.
Government health and wellbeing guidelines can be accessed here
General guide - don't come to the Festove Féte if you're experiencing Covid19 symptoms
Vendors are required to display the Festove Féte QR tracking code and must supply hand sanitiser.
19. Vendor CANCELLATION
20.1. If a Vendor should cancel these Terms or terminate a Site booking:
a. prior to 1 October 2021, any refund shall be at the Festive Féte’s Team discretion, notwithstanding that a portion shall be retained to repay expenses/costs;
b. on or after 1 October 2020, the Festive Féte Team will retain all monies received and reserves the right to pursue any further payments.
20. NO REPRESENTATION AND LIMIT OF LIABILITY
20.1. The Vendor participates in the Festive Féte at its own risk and after undertaking its own due diligence regarding the Festive Féte.
20.2. The Vendor acknowledges that the Festive Féte does make any representation or give any warranty with respect to the Festive Féte, including as to the success or profitability for the Vendor in participating in the Festive Féte, the number or type of clientele that will visit the Festive Féte and/or the suitability of their exhibit/products for the Festive Féte.
20.3. To the extent permitted by law, the Festive Féte Team excludes all warranties regarding the Site and/or the Festive Féte whatsoever.
20.4. The Festive Féte’s liability under these Terms is limited to the fees actually paid by the Vendor to the Festive Féte Team. In no circumstances will the Festive Féte Team be liable to the Vendor 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 Festive Féte.
21.1. The Vendor shall be responsible for, and shall indemnify the Festive Féte from and against liabilities, losses, damages, claims, costs and expenses incurred directly or indirectly in connection with:
a. the Vendor’s operation of the Site at the Festive Féte and/or participation in the Festive Féte;
b. the sale and/or distribution (whether for payment or otherwise) of any products by the Vendor on the Site;
c. any act or omission of the Vendor;
d. any breach of any laws by the Vendor; and
e. any breach of these Terms by the Vendor.
22. FORCE MAJEURE
22.1. The Festive Féte Team 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 Festive Féte Team will give the Vendor written notice as soon as reasonably possible containing details of the circumstances giving rise to the Force Majeure Event. The Vendor acknowledges and agrees that it will not be entitled to any reimbursement of any fees paid where a Force Majeure Event disrupts the Festive Féte. The Festive Féte Team may in its absolute discretion refund in whole or in part, any payment made by the Vendor - or waive any payment the Vendor is liable to make under these Terms.
22.2. For the purposes of clause 22.2 above, “Force Majeure” means an event or occurrence which is beyond a party's reasonable control (including, without limitation, acts of God or the public enemy, flood, earthquake, storm, cyclone, tornado, hurricane, lightning, fire, explosion, epidemic, war, embargoes, riot or civil disturbances, sabotage, expropriation, confiscation or requisitioning of facilities, the imposition of disabling exchange rate controls, orders or temporary or permanent injunctions of any duly constituted court of competent jurisdiction); and which the affected party could not have reasonably foreseen or taken reasonable measures to prevent.
23.1. If one or more of the provisions of these Terms shall be invalid or unenforceable, the remaining provisions of these Terms shall continue to be in full force and effect.
23.2. These Terms shall be governed by and construed in accordance with the laws of New Zealand and the Parties shall submit to the non-exclusive jurisdiction of the New Zealand courts.
23.3. The Festive Féte Team may assign its rights and obligations under these Terms to any person without the consent of the Vendor.
23.4. Words in the singular number only shall include the plural and vice versa and words importing gender shall include the masculine feminine and neuter genders and words importing persons shall include firms and companies, corporations, partnerships and all other forms of organisation and trusts and references to a party include that party’s personal representatives or successors and permitted assigns.
23.5. When two or more persons are parties to these Terms, the Terms shall bind them jointly and each of them separately.