These are the Terms and Conditions for all Stallholders who attend any event operated by Collector Con Pty Ltd. Additional Rules that relate to each venue are published on the Collector Con website and the link is accessible from the confirmation email circulated to stallholders prior to an event. These terms are binding on you with contractual force of law. The place of jurisdiction for these terms is New South Wales, Australia, and you agree to submit to the laws of that jurisdiction.
DEFINITIONS:
Application: refers to the online application form that is located on the Website.
Event: means any event operated by the Manager.
Manager: means Collector Con Pty Ltd.
Rules: are the event specific requirements as documented on our Website.
Stall: means an area within the Event that is designated by the Manager to a Stallholder for the sole purpose of Trading.
Stallholder: refers to any person and/or company including any employees, contractors, agents or representatives who have applied for or are participating in a Stall space at the Event.
Stall Fee: means the amount charged for a Stall, payable by the Stallholder.
Terms & Conditions (T&Cs): means the terms and conditions outlined in this document. Stall Holders indicate their agreement to the T&Cs via the Application.
Trading Hours: means the hours that an Event trades.
Website: means the internet address www.collectorcon.com.au
CONDITIONS/REQUIREMENTS
- Stallholders agree to provide Collector Con with the following contact details and to always ensure that the information is current: full name, address, email address, telephone number. And if applicable, Business/Company name, ABN/ACN, digital addresses (eg/ website), and business address.
- Stallholders must take care of the Stall space, including the floors of the venue. If there is damage made to the Stall space, it is the responsibility of the person who made the damages to pay for any repairs.
- All Stallholders must hold valid and current public liability insurance in the amount of at least $20 million. If requested by Collector Con, you are required to provide proof of having obtained such insurance. For the avoidance of doubt, this is an essential term and breach of it entitles Collector Con to terminate this agreement with you, notwithstanding and without limitation or prejudice to any other remedy or right arising from your breach, including damages.
- Stallholders bring items to the event at their own risk. The Manager does not guarantee in any way the security of your items or personal possessions or items whether from loss, theft, damage or otherwise.
- Collector Con reserves the right to refuse entry or eject persons from the Event for any reasons, including but not limited to the lack of payment of Stall Fee; lack of evidence of current public liability insurance; behaviour we consider likely to cause damage, injury, nuisance or annoyance; intoxication (by drugs or alcohol), aggressive behaviour, offensive, insulting, humiliating, intimidating or threatening behaviour towards any other person, or a failure to comply with these T&Cs, the Rules, or reasonable instruction issued by us as contemplated by these T&Cs, or the law.
- Stallholders agree and acknowledge that Collector Con does not make, and have not made, any representation as to likely income or revenue that will or could be generated by you at the event, and we do not guarantee that you will generate any income, or avoid suffering loss, by participating in Event/s.
- You agree to indemnify Collector Con from:
- any and all liabilities, claims, actions, damages, losses and expenses arising out of or contributed to by any act, omission, negligence, fault or violation of law by you, and any of your agents, employees, contractors, or related individuals or entities; and
- all loss, causes of action, obligations, suits, damages, liability expenses, and costs arising from or out of any violation or infringement by you, and any of your agents, employees, or contractors, or related individuals or entities, of any copyright, trademark, or patent rights or similar rights and privileges.
- You agree to the full extent permitted by law, we exclude all liability in respect of any claim, action, obligation, sum of money, suit, cause of action, proceeding, account, right of contribution, cost or expense whether at law or in equity you make or bring against us in respect of any matter arising out of these Terms or related to arising out of the event, including but not limited to: injury; loss of property; loss in opportunity; damage to goodwill, business or reputation; any other loss or damage of any sort.
- If the above clauses 6, 7 and 8 are wholly or partially void, unenforceable or ineffective, then in respect of any such liability referred to in clauses 5, 6 and 7, our liability to you shall be limited to the payment of $85 to you.
- Clauses 6, 7, 8 and 9 survive termination of this agreement.
- Any provision in these T&Cs which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these T&Cs are not affected.
EVENT SPECIFIC
12. Events will likely be held on properties and in venues owned by third parties and may have their own rules for entering upon and remaining on their property.
- You agree to comply with such rules; and
- You indemnify us in respect of any claim, loss, injury, or expense arising from or connected with your failure to comply with any such rules.
13. Event specific information, including start times, set-up details and floorplan information is accessible via the Rules published on the Website.
14. Stalls must be left in their original condition at the end of the Event. If Collector Con receives a cleaning fee issued by the venue due to your Stall being left untidy or damaged on departure, the fee will be forwarded to you by invoice. Refer to the Rules for the current cleaning fee. Damage fees will vary according to the repair required.
TRADING HOURS, BUMP IN and BUMP OUT
15. Collector Con opens at 8.30am and concludes at 2.30pm. For other events, trading hours will be as per the advertised hours for the particular event and published on the Website.
16. Bump in and bump out hours will be published on the Website and circulated to Stallholders via email.
17. If a Stallholder has not checked-in and commenced set-up at least 30 minutes before the Event, the Stall will be re-allocated or removed and a refund will not be provided.
18. Stallholder and helper vehicles must be off site or in the stallholder carpark no later than 30 minutes prior to the event commencing. Maps of designated Stallholder parking areas are provided on the Website.
19. Stallholders must be ready to trade 15 minutes before the commencement of the Event and continue to trade until the conclusion of the event.
STALL ALLOCATION and ENTRY PASSES
20. The location and size of space for individual Stalls at the Event is determined by the Manager’s sole discretion.
- There is no requirement or obligation to give a particular Stallholder any particular space of any particular size at the Event.
- Stallholder activities must be contained and limited to the area within the space allocated.
- Tables are not to be moved or re-arranged from their set-up location without approval by the Manager.
21. Two Stallholder entry passes are allocated per Stall booking. If extra passes are required, they can be purchased when booking the Stall. The cost is published on the Website.
FEES
22. Stall Fees are published on the Website and are charged per table.
23. A limited number of community stalls are available at each event for not-for-profit community groups. Stall fees are waived for approved community stalls.
24. Additional fees are published on the Website.
25. All fees are inclusive of GST.
PAYMENT AND CANCELLATION
26. Successful Stallholders will be advised via email and an invoice will be raised. Full payment is due two weeks from the invoice date or if the event is within two weeks from the invoice being issued, payment is due two days prior to the event.
27. If payment is not made by the invoice due date, the Stall will be returned to the availability pool and allocated to another Stallholder.
28. Should Collector Con cancel or postpone an Event, Stallholders will be notified via email at the address you have provided to Collector Con and/or a notice will be published on the Website.
- If the cancellation by Collector Con occurs prior to the commencement of the event, the Stall Fee will be refunded or the booking will be transferred to a future date.
- If cancellation by Collector Con occurs after the commencement of the event, the Stall Fee will be retained by Collector Con.
29. Should a Stallholder cancel their paid booking, the cancellation must be received by Collector Con in writing to hello@collectorcon.com.au
- If the cancellation by the Stallholder occurs one month or more before the event, the booking will either be transferred to the next Event or the Stall Fee will be refunded, less a $15 administrative fee. A Stall booking can only be transferred once.
- If cancellation by the Stallholder occurs within one month of the event, the full Stall Fee will be retained by Collector Con.
PROHIBITED ITEMS AND ACTIVITIES
30. Stallholders must comply with Australian Consumer Law and any other applicable statutes or laws in force.
31. Stall Holders must hold any necessary licenses or registrations to use or display the items or engage in the activities at their Stall.
32. Stallholders agree and warrant, that the items and activities at their Stall will not and must not involve the sale, or any other dealings including free giveaways of the following: single-use plastic bags; balloons of any kind; counterfeit goods; stolen goods; weaponry; items banned by any law or regulation; pornographic, violent or defamatory material; any items or goods which infringe any trademark, patent or copyright or the rights of a third party; items which are deemed unsafe or likely to put any person’s safety, health, or life at risk or in danger in any way. The list is not exclusive and does not supersede all other responsibilities, obligations requirements and conditions lawfully required of you. For more information on product safety, please see the national Product Safety Rules and Standards: https://business.gov.au/products-and-services/product-labelling/product-safety-rules-and-standards
33. Stallholders agree and acknowledge that Collector Con has the right to inspect and review any and every item and activity at their Stall, and take any action or step to stop, prevent or limit the exposure to any breach of these T&Cs, the Rules, any applicable law or regulation, or the infringement of any person’s or third party’s rights and entitlements, including without limitation:
- Ceasing the activity
- Giving your information to affected third party or persons at their request
- Any other step reasonably necessary
SAFETY AND RISK ASSESSMENT
34. Stallholders sign-on to Collector Con’s Event Risk Assessment and adopt its controls.
35. Stallholders are bound by, and will comply with, any policy and procedures communicated by us concerning the safe administration of the Event.
36. Stallholders and their team are to alert Collector Con of any hazards or risks.
37. Stallholders agree to abide by any safety requirements and restrictions, directions or requirements in force at the relevant time, for example Covid-19 safety practices of NSW Health.
38. Stallholders will take reasonable care for their own health and safety.
39. Stallholders are responsible for their staff/volunteers, equipment, supplies and materials.
40. Stalls must be set up in a manner that is safe for the relevant activities carried out at the Stall, and Stallholders acknowledge that we do not accept responsibility for or any liability arising out of their failure to do so.
41. Any displays, goods or products of the Stallholder must stay within the confines of the allocated space and must not impede on or block any aisle, walkways or exits.
42. Any items that are placed under the table should be checked through the Event by the Stallholder so as to not be a hazard.
43. Ensure not to make noise so excessive that it disturbs the enjoyment of the event by other participants, including other Stallholders, attendees or other persons, and noise levels must be reasonable at all times.
44. Do not harass, abuse, or engage in unwanted physical contact of any other person during the Event.
45. Security is each Stallholders responsibility. Collector Con is not responsible for any loss resulting from accidents, fire, theft or injury.
EMERGENCY PROCEDURES
46. Immediately notify the Manager or venue of any emergency matters or significant risks that arise during the event.
47. In the event of an evacuation, make your way to the emergency assembly area if safe to do so. Do not return to the evacuated area until instructed to do so.
48. If someone is injured and the injury is life threatening, call emergency services (000). Remain calm and send for help – this may include First Aid attendees, Collector Con event team members and/or venue staff.
49. All injuries, incidents, near misses and hazards must be reported to Collector Con. Incident Report Forms are available from the Collector Con front desk.
PHOTOGRAPHY AND RECORDING
50. During the event, photographs and recordings will be taken by Collector Con of the event and you consent to our using such photographs, recordings and any media arising from these for the purpose of promoting Events and Collector Con activities generally.
How to contact us
If you have a question, you can contact us via:
Collector Con Pty Ltd
PO Box 628x, Leumeah NSW 2560
hello@collectorcon.com.au
The Stallholder Terms & Conditions were reviewed and updated 18 November 2022.
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