STALLHOLDER AGREEMENT
THIS AGREEMENT is made on the
day of
2015
BETWEEN:
CQ Bikes Bulls Buggys & Bands Pty Ltd() of 22178 Peak Downs
Highway, Eton, Qld, 4741 (CQ Bikes Bulls Buggys & Bands);
AND:
The Stallholder detailed in Schedule 1 (Stallholder).
RECITALS:
A.
CQ Bikes Bulls Buggys & Bands is the organiser of the annual CQ Bikes Bulls
Buggys & Bands (“CQ BBBB”) held on Donnybrook Station.
The Stallholder wishes to operate and conduct a stall (“stall”) during the Event to
provide the patrons of the Event the goods or services set out in Item 3 of the
Schedule.
CQ Bikes Bulls Buggys & Bands has agreed to grant, and the Stallholder has
agreed to accept, a licence for the purposes of conducting the Stall on the site on
the terms set out in this agreement and the attached Schedule and Appendix.
B.
C.
THE PARTIES AGREE AS FOLLOWS:
1.
1.1
DEFINITIONS AND INTERPRETATION
Definitions
In this Agreement the following terms have the meanings set out below, unless
the context requires otherwise.
Land Owners means Herbert Emil Robke and Douglas James Robke.
Abandoned Property means any goods, property or chattels of the Stallholder
not removed from the site within 24 hours of conclusion of the Event or of this
Agreement being terminated
Agreement means this Agreement and includes the Schedules and Appendices
attached hereto
Approved Goods or Services means the goods or services set out in Item 3 of
the Schedule to be provided by the Stallholder
Commencement of the Event means the date referred to in Item 4 of Schedule
1
Official Event Suppliers means the companies set out in Appendix 1
Site means the CQ BBBBB event’s site located at Donnybrook Station
Stall Location means a location on the site as allocated by CQ Bikes Bulls
Buggy’s & Bands for the stallholder to operate its stall from at the CQ BBBB
1.2
Interpretation
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CQ BIKES BULLS BUGGY’S & BANDS PTY LTD
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In this Agreement, unless the context otherwise requires:
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
2.
2.1
PAYMENT
CQ Bikes Bulls Buggy’s & Bands grants a licence to the Stallholder to operate a
Stall from the Stall Location as allocated by CQ Bikes Bulls Buggy’s & Bands in
consideration of the Stallholder paying to CQ Bikes Bulls Buggy’s & Bands the fee
set out in Item 2 of Schedule 1.
Payment of the fee to CQ Bikes Bulls Buggy’s & Bands must be made in full by the
20th July 2015 and in the manner set out in Schedule 1 (or in such manner as
the Stallholder may otherwise be advised in writing by CQ Bikes Bulls Buggy’s &
Bands).
2.2
3.
The singular number includes the plural number and vice versa and
references to each gender includes the other genders;
Person includes natural persons and incorporated and unincorporated
bodies or entities;
The word dollar and symbol $ refer to the lawful currency of Australia;
All headings in this Agreement are for reference purposes only and do not
define, limit or in any way affect the meaning or interpretation of this
Agreement;
All references to parties, recitals and clauses are references to parties,
recitals and clauses of or to this Agreement;
Where any word or phrase is defined in this Agreement any other
grammatical form of that word or phrase shall have a corresponding
meaning, unless the context otherwise requires;
Every agreement or undertaking express or implied, by which more than
one person agrees or undertakes any obligation and/or derives any benefit
under this Agreement, shall bind and/or inure for the benefit of such
persons jointly and each of them severally;
A reference to any legislation or to any provision of any legislation includes
any modification or re-enactment of it, any legislative provision substituted
for it and all regulations and statutory instruments issued under it;
An obligation not to do anything will be deemed to include an obligation not
to suffer, permit or cause that thing to be done;
The recitals to this Agreement are intended to form part of this Agreement;
and
The parties include their successors and permitted assigns.
OBLIGATIONS AND COMPLIANCE
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CQ BIKES BULLS BUGGY’S & BANDS PTY LTD
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3.1
The Stallholder must only provide the Approved Goods of Services at the
Stall. The Stallholder will not conduct any other business or activity on
the site apart from at the Stall Location, including but not limited to
games, auctions, raffles, competitions, hawking and promotion.
3.2
Where an Official CQ Bikes Bulls Buggy’s & Bands Supplier is able to
supply goods or services in the Stall, the Stallholder must purchase or
acquire all such goods or services from an official CQ BBBB Supplier.
3.3
The Stallholder will not:
I. Bring, or permit to be brought onto the site, any dog or any other
animal;
II. Use amplifiers or loud speakers, whether at the Stall or otherwise;
3.4
The Stallholder will prevent its employees, servants, agents or
contractors from hawking or selling CQBBB tickets or any goods and
services apart from the approved goods and services, whether from the
Stall or otherwise;
3.5
The Stallholder will immediately comply with all reasonable directions,
instructions and requirements of CQ Bikes Bulls Buggy’s & Bands, its
officials, representatives and agents while on site.
3.6
No vehicles may be brought onto the site without the prior written
consent of CQ Bikes Bulls Buggy’s & Bands which may be granted or
withheld, or granted subject or such terms and conditions, at CQ Bikes
Bulls Buggy’s & Bands absolute discretion.
3.7
CQ Bikes Bulls Buggy’s & Bands, through its officers or authorized agents
may attend and inspect the Stall at any time to determine compliance
with the terms of this Agreement and may remove, or require the
removal, of any person, item or good (and whether or not such item or
good otherwise falls within the definition of approved goods or services)
that in CQ Bikes Bulls Buggy’s & Bands sole discretion:
I.
II.
III.
IV.
3.8
Is not appropriate for display
May cause offence;
Is an item or thing other than the approved goods or services; or
Is a person, item or thing about which a complaint has been made.
At CQ Bikes Bulls Buggy’s & Bands sole discretion, the Stallholder may be
asked to remove the offending item or good. CQ Bikes Bulls Buggy’s &
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CQ BIKES BULLS BUGGY’S & BANDS PTY LTD
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Bands is under no obligation to make a demand for the Stallholder to
remove the item or good before removing the item or good.
3.9
At the conclusion of the Event, CQ Bikes Bulls Buggy’s & Bands will use its
best endeavours to return to the Stallholder any item or good removed by
CQ Bikes Bulls Buggy’s & Bands pursuant to clause 3.7 however CQ Bikes
Bulls Buggy’s & Bands will be under no obligation to ensure that the item
or good is returned to the Stallholder in the same condition, or at all.
3.10
The document in Schedule 2, “Standard terms and Conditions for Food
and Market Stalls”, applies to this Agreement and is incorporated as part
of this Agreement. To the extent that there is any inconsistency, the
Agreement shall prevail.
4.
4.1
ASSIGNMENT
5.
ABANDONED PROPERTY
5.1
Abandoned Property not removed within 24 hours after the conclusion of
the Event may be removed, stored, disposed of or dealt with in any way at
CQ Bikes Bulls Buggy’s & Bands sole discretion (including the sale of
Abandoned Property) and at the sole expense of the Stallholder.
5.2
CQ Bikes Bulls Buggy’s & Bands has no obligation to account to the
Stallholder for the removal, disposal or sale of the Abandoned Property
and the Stallholder hereby releases CQ Bikes Bulls Buggy’s & Bands, its
members, officials, servants, agents and employees absolutely from any
loss, damage or detriment that may be suffered by the Stallholder as a
result of CQ Bikes Bulls Buggy’s & Bands actions in dealing with the
Abandoned Property.
5.3
The Stallholder will pay the CQ Bikes Bulls Buggy’s & Bands immediately
upon demand any cost or expense incurred by CQ Bikes Bulls Buggy’s &
Bands in dealing with the Abandoned Property.
This Agreement or any part of this Agreement may not be assigned or
subcontracted without the prior written consent of CQ Bikes Bulls Buggy’s
& Bands. Such consent may be granted or withheld, or granted subject to
such terms and conditions, at CQ Bikes Bulls Buggy’s & Bands sole and
absolute discretion.
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CQ BIKES BULLS BUGGY’S & BANDS PTY LTD
PART A
6.
INSURANCE
6.1
The Stallholder will arrange and keep in force an insurance policy
indemnifying the Stallholder for liability with respect to any injuries
sustained by any person or any damage suffered by any person as a result
of the Stallholders’ activities at the Event (and noting CQ Bikes Bulls
Buggy’s & Bands Pty Ltd interests on the policy) for an amount of not
less than Twenty Million Dollars ($20,000,000.00) in respect of each
incident or set of circumstances.
6.2
The Stallholder must provide CQ Bikes Bulls Buggy’s & Bands with a copy
of the insurance policy not less than 30 days prior to the commencement
of the Event. Failure to provide a copy of the insurance policy will result
in the Stallholder forfeiting their right to operate a stall at the Event.
6.3
The Stallholder must do all things reasonably necessary to protect against
the risk of fire of and incidental to conducting the Stall, (including
maintaining appropriate fire safety equipment), comply with all fire
safety laws and with any reasonable direction of CQ Bikes Bulls Buggy’s &
Bands or fire authorities with respect to fire safety at the site.
6.4
The Stallholder must comply at all times with all laws relating to health,
hygiene and safety of and incidental to conducting the Stall and with any
reasonable direction of CQ Bikes Bulls Buggy’s & Bands, its officials,
agents or State or Local authority with respect to health, hygiene and
safety.
6.5
The Stallholder will employ or retain suitable qualified, licensed (as the
case may be) and experienced people to conduct the Stall and ensure
adequate training, and supervision of those people conducting the Stall at
all times.
7.
INDEMNITIES AND LIMITATION OF LIABILITY
7.1
The Stallholder’s property is always at their own risk and the Stallholder
will not make any claim or demand against CQ Bikes Bulls Buggy’s &
Bands and or the Land Owners for any property damaged, lost or stolen
no matter how such claim or damage occurs.
7.2
The Stallholder hereby agrees to release and holds harmless CQ Bikes
Bulls Buggy’s & Bands, its agents, servants, members, employees, officials,
contractors and the Land Owners from all loss and damage of whatsoever
nature whether arising from negligence, breach of duty, breach of
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CQ BIKES BULLS BUGGY’S & BANDS PTY LTD
PART A
contract, tort otherwise that may be suffered by the Stallholder arising
from the conduct of the Stallholder and or the Stallholders attendance at
the Event.
7.3
The Stallholder hereby agrees to indemnify and keep indemnified CQ
Bikes Bulls Buggy’s & Bands, its agents, servants, employees, members,
officials, contractors and the Land Owners from all actions, proceedings,
claims, costs, losses, damages and expenses (including legal costs on an
indemnity basis) howsoever arising from the Stallholder’s attendance,
participation and conduct at the Event, including from negligence, breach
of contract or tort.
8.
TERMINATION
8.1
CQ Bikes Bulls Buggy’s & Bands may terminate this Agreement at any
time (including as a result of any default by or on behalf of the
Stallholder) and no compensation, payment or refund shall be payable to
the Stallholder by CQ Bikes Bulls Buggy’s & Bands, provided that where
the termination does not involve any fault or breach on the part of the
Stallholder, the Stallholder may make submission to CQ Bikes Bulls
Buggy’s & Bands for a refund of site fees on a daily pro-rata basis.
9.
GOVERNING LAW
9.1
This Agreement is governed by the laws of the State of Queensland and
the parties agree to submit to the non-exclusive jurisdiction of the courts
of exercising jurisdiction there.
10.
ENTIRE AGREEMENT
10.1
This Agreement sets out the entire agreement between the parties and
shall not be varied except in writing signed by both parties. Any prior
arrangements, agreements, representations or undertakings are
superseded and replaced.
11.
INTELLECTUAL PROPERTY
11.1
Any and all confidential information obtained by the Stallholder in the
course of the engagement by the CQ Bikes Bulls Buggy’s & Bands
including but not limited to the Technology, trade secrets, the CQ Bikes
Bulls Buggy’s & Bands client information or client names (including, but
not limited to, Personal Data), any commercial or business information
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CQ BIKES BULLS BUGGY’S & BANDS PTY LTD
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about the CQ Bikes Bulls Buggy’s & Bands and how it operates, business
plans, product, software and data used by the CQ Bikes Bulls Buggy’s and
Bands shall remain the property of CQ Bikes Bulls Buggy’s & Bands and
cannot be disclosed by the Stallholder.
11.2
All intellectual property created by the Stallholder, in the course of the
engagement by CQ Bikes Bulls Buggy’s & Bands, relating to the Event,
vests in CQ Bikes Bulls Buggy’s & Bands, and forgoes any claim it may
have in and to those rights.
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CQ BIKES BULLS BUGGY’S & BANDS PTY LTD
PART A
I agree that the information in the above schedule is true and correct.
I agree that I have read, understood and accepted all Terms and Conditions
relating to the Stallholder Agreement and I agree to comply with same Terms
and Conditions.
As the authorised representative of the Stall, I hereby indemnify CQ Bikes Bulls
Buggy’s & Bands for any loss, damage, liability or any other action in any way
resulting from my Food or Market Stall application or use of my Food or Market
Stall Site area.
EXECUTED as an Agreement on the date first mentioned
SIGNED for and on behalf of CQ Bikes
Bulls Buggy’s & Bands Pty Ltd by its’ duly
Authorised officer in the presence of
______________________________
)
)
)
Event Manager – DOUGLAS
ROBKE
_______________________________________
Witness’ Signature
_______________________________________
Witness’ Name
SIGNED for and on behalf of Colleen Tucker )
In the presence of:
)
_______________________________
Authorised Officer Signature
______________________________________
Witness’ Signature (Justice of the Peace)
_______________________________
Authorised Officer Name
______________________________________
Witness’ Name (Justice of the Peace)
_______________________________
Authorised Officer Position
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CQ BIKES BULLS BUGGY’S & BANDS PTY LTD
PART A