Terms and Conditions

Right of entry is reserved to Wyndham Diwali Festival.

General Stallholders / Space holders Terms and Conditions

All Individuals or businesses hiring stalls or space must read and sign this form which becomes agreement once accepted by WDI.

Signing this agreement means you have understood and are in agreement of ALL terms and conditions as documented.

Return this completed application form with relevant certificates and information with FULL Payment included. Incomplete applications will delay the process of allocation and may be rejected.

Wyndham Diwali Inc. reserves the right to approve or reject application at its own discretion.

• All stall holders refer to the following important statements:

a) Please note that Wyndham City Council will have a health inspector on the premises throughout this fair and no claims for refunds will be entertained if you do not satisfy the Council Requirements.
b) There will be an onsite safety officer throughout the event and you need to comply with all OSH and other safety requirement for the whole period of the event, Non-complying individuals and/or Businesses will be advised to close the stall and are not eligible for any refund.
c) No Alcohol or smoking is allowed at this fair. Please be considerate to patrons and fellow stall holders. Your stall WILL be shut down and you will be asked to leave the fair if this rule is contravened.
d) Water restrictions as specified by City West Water need to be observed. Any council charges will be passed on to the individual or business hiring the Marquee where the non-compliance was observed.

• No Staples or pins and no Sticky tape to be applied to the marquee.
• At the end of the Event, stall hirers must leave the stall(s) in a clean condition, including removal of all waste and no residue left behind. Any WDI provided cables missed or items such as food, material, flyers or rubbish found post-event will lead to the deposit being forfeited
• On event day all stall holders will be given access for their vehicles close to the venue as permitted by the parking management to set up their stalls. The time for this access is between 7am and 10am. There will be stall inspection at 11.00 am.

• For safety reasons, the event will not open until ALL vehicles are cleared from the immediate stall area. Entry and exit during the event will be through specified Gates marked on the site map (to be mailed close to the event date) for stall holders only. Please note all President Park, OHS and Wyndham Council venue rules MUST be observed at all times.

• Stall holders MUST keep their goods within their confined area of the stall. They must display/sell their goods from their stall area only. They will NOT be permitted to sell or distribute their goods, pamphlets, flyers, etc. outside their stall area. Smoking and alcohol is STRICTLY PROHIBITED to be sold, kept or consumed at this festival. The organisers reserve the right to close off such stalls violating these conditions. No claims for damages or loss of business will be entertained as a result of this closure.

• There will be more than one stall supplying similar goods or services as we need to cater to larger crowd and this is a daylong event.
• All Food stalls will need to display prices in printed form for all the items for sale to public.

• Cancellation policy: For any reason if the stall holder cancels their booking within 2 weeks of the day of the event, 100% of the fee will be forfeited, i.e. no refund.

• Individual stall holders will be responsible for their own insurances to cover their stall equipment, goods and direct public liability claims. The WYNDHAM DIWALI Inc. must be indemnified against any claims due to fault/negligence of stall holder.

• Stall holders are advised to park their vehicles in a safe area away from their marquees to avoid any damage to their vehicles or property. Stall holder explicitly indemnify Wyndham Diwali Inc and WDI is not responsible for any damage caused to their vehicles in any way at the venue.

 

If you need any extra power supply, please request the Wyndham Diwali team as additional charges will apply. Such requests have to be provided two weeks before the event date.

• After 11.30 am on the event day, no enquiries regarding power supply points will be entertained by the organisers. It is the responsibility of the stall holder to ensure all the power points are available as requested before this time.

• It is mandatory for the stall holders to promote only one business signed for in this form. The stall MUST not conduct other businesses within their marquee. However, they can choose to sign up for additional marquee for the extended activities. Failing this, the Wyndham Diwali Inc. executive committee will apply additional charges.

All enquiries email: team@wyndhamdiwali.org.au

General Stallholders / Space holders Special Conditions

Liability:
The marquee hirer does not have under any circumstances any cause of action against or right to claim or recover from WDI, its Officials/Staff and any volunteers for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by:
a) any breach of these terms and conditions; or
b) any fact, matter or material relating to the general stalls; or
c) any defect in material or preparation of, or any other defect whatsoever in, or unsuitability for, any purpose of the food or any part of the food, supplied by the Applicant; or
d) By default or negligence on the part of WDI, its Officials/Staff and any volunteers or of any employee, contractor or agent of WDI or of any person for whom WDI has legal responsibility relating to the supply of or otherwise concerning the general stall, the site, or any part of the general stall.

Force Majeure:

• If by reason of any fact, circumstance, matter or material, including but not limited to industrial disputes, default of suppliers, compliance with governmental order or request, sabotage, rebellion, fires, flood, breakdown of plant or machinery, beyond the reasonable control of WDI or the Applicant either is unable to perform in whole or in part any obligation under this agreement that party is relieved of that obligation under the terms and conditions contained herein to the extent and for the period that it is so unable to perform and is not liable to the other party to this agreement in respect of such inability.
• Any delays in or failure of performance of either the Applicant or WDI shall not constitute default under this agreement or give rise to any claims for damages.
• In the event of any unforeseen circumstance, including but not limited to the incumbent weather, or declared emergency by Wyndham City Council or the Victorian Government, WDI or the Applicant is unable to perform in whole or in part any obligation under the terms and conditions contained herein, that party is relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and is not liable to the other party to this agreement in respect of such inability.

Inclement Weather:
o When the event is impacted by inclement weather conditions, it is the responsibility of the Marquee holder to seek guidance from the safety officer on site or the WDI team in that order.
o WDI and/or its team are NOT responsible for any goods or materials within the marquee, i.e. under no circumstances, there can be any claim made with the WDI for any incident or loss or damage as a result of the weather.
o It is the responsibility of the marquee holder to monitor the weather and consult the WDI team to communicate at all times.
o WDI will only make a decision of continuing with the event or cancellation of same, if more than 75% of the marquee holders express their decision.
o WDI team will be responsible for all the public and their safety in such weather conditions and will ONLY be able to attend to individual marquee holder’s requests if the matters are related to safety. Any other concerns will be addressed, after the event is secured from a safety perspective.
o No requests for refunds will be entertained on the event day.

Indemnity:

•The applicant will fully Indemnify WDI and its executive team and anyone associated with WDI for any losses or damages to their property, vehicles and any other that may have occurred for holding the stall at the Wyndham Diwali festival as the stall applicant is clearly explained about this and the stall applicant agrees that they have booked the marquee at their own risk and Wyndham Diwali Inc. is not responsible for their business stall outcome on the day at the festival.

• The Applicant shall indemnify and keep indemnified WDI and any of its subsidiaries, affiliates, director, officers, agents, employees, volunteers, authorised representatives and consultants, against all and every claim, demand, action, suite, cost (including any solicitor costs calculated on an indemnity basis), loss or proceeding of whatsoever nature and however they shall be brought by any third party or on behalf of any third party including any solicitors costs calculated on an indemnity basis arising out of or incidental to the carrying out of the carrying out, completion or execution of the services for any reason or by any act or omission or fault or negligence by WDI or any of its suppliers, subcontractors, consultants or any other person acting on or purporting to be acting by WDI’s direction or control or on behalf of WDI.
• This indemnity shall specifically extend to and include an indemnity by the Applicant to WDI for damage to property and injury to or death of any third party including any person who is employed by or acting under the direction or control of the Applicant.

Governing Law:
The laws of Victoria in force shall govern this agreement from time to time, and the parties agree to submit to the jurisdiction of the Courts of that State.

Invalidity:
If any clause or part thereof contained in this agreement shall be judged to be invalid for any reason whatsoever such invalidity shall not affect the validity or operation of the remainder of this agreement and such invalid clause or part thereof shall be deemed to have been deleted from this agreement.


Food Stallholders / Space holders Terms and Conditions

All Individual or businesses hiring stalls or space must read and sign this form which becomes agreement once accepted by WDI.

Signing this agreement means you have understood and are in agreement to ALL terms and conditions as documented.

Return this completed application form with relevant certificates and information with FULL Payment included. Incomplete applications will delay the process of allocation and may be rejected.

 

Wyndham Diwali Inc. reserves the right to approve or reject application at its own discretion.

 

All stall holders refer to the following important statements:

All requirements regarding Food Handling and Safety must be adhered to as per the Legislation.   All food stall holders and food/ice cream vans MUST register their interest with Street Trader on https://streatrader.health.vic.gov.au/public_site and a copy to be displayed at the stalls during the event.  WYNDHAM DIWALI INC. will not allow any trading without citing this document.

  1. Please note that Wyndham City Council will have a health inspector on the premises throughout this fair and no claims for refunds will be entertained if you do not satisfy the Council Requirements.
  2. There will be an onsite safety officer throughout the event and you need to comply with all OSH and other safety requirement for the whole period of the event, Non-complying individuals and/or Businesses will be advised to close the stall and are not eligible for any refund.
  3. No Alcohol or smoking is allowed at this fair. Please be considerate to patrons and fellow stall holders. Your stall WILL be shut down and you will be asked to leave the fair if this rule is contravened.
  4. Water restrictions as specified by City West Water need to be observed. Any council charges will be passed on to the individual or business hiring the Marquee where the non-compliance was observed.
  • No Staples or pins and no Sticky tape to be applied to the marquee.

 Wyndham Diwali Inc. has food type restrictions, i.e. NO BEEF or PORK or HOTDOGS are allowed to be sold in any shape or form. Failing this, your stall will be closed down immediately and announcements may be made to alert visitors mentioning your business name.

  • At the end of the Event, stall hirers must leave the stall(s) in a clean condition, including removal of all waste and no residue left behind. Any WDI provided cables missed or items such as food, material, flyers or rubbish found post-event will lead to the deposit being forfeited
  • On event day all stall holders will be given access for their vehicles close to the venue as permitted by the parking management to set up their stalls. The time for this access is between 7am and 10am. There will be stall inspection at 11.00 am.
  • For safety reasons, the event will not open until ALL vehicles are cleared from the immediate stall area. Entry and exit during the event will be through specified Gates marked on the site map (to be mailed close to the event date) for stall holders only. Please note all President Park, OHS and Wyndham Council venue rules MUST be observed at all times.
  • Stallholders MUST keep their goods within their confined area of the stall. They must display/sell their goods from their stall area only. They will NOT be permitted to sell or distribute their goods, pamphlets, flyers, etc. outside their stall area. Smoking and alcohol is STRICTLY PROHIBITED to be sold, kept or consumed at this festival. The organisers reserve the right to close off such stalls violating these conditions. No claims for damages or loss of business will be entertained as a result of this closure.
  • There will be more than one stall supplying similar goods or services as we need to cater to larger crowd and this is a daylong event.
  • All Food stalls will need to display prices in printed form for all the items for sale to public.
  • Cancellation policy: For any reason if the stall holder cancels their booking within 2 weeks of the day of the event, 100% of the fee will be forfeited, i.e. no refund.
  • Individual stall holders will be responsible for their own insurances to cover their stall equipment, goods and direct public liability claims. The WYNDHAM DIWALI Inc. must be indemnified against any claims due to fault/negligence of stall holder.
  • Stall holders are advised to park their vehicles in a safe area away from their marquees to avoid any damage to their vehicles or property. Stall holder explicitly indemnify Wyndham Diwali Inc and WDI is not responsible for any damage caused to their vehicles in any way at the venue.
  • Along with the marquee, the following furniture will be supplied by the WYNDHAM DIWALI

 

If you need any extra power supply, please request the Wyndham Diwali team as additional charges will apply. Such requests have to be provided two weeks before the event date.

  • After 30 am on the event day, no enquiries regarding power supply points will be entertained by the organisers. It is the responsibility of the stall holder to ensure all the power points are available as requested before this time.
  • It is mandatory for the stall holders to promote only one business signed for in this form. The stall MUST not conduct other businesses within their marquee. However, they can choose to sign up for additional marquee for the extended activities. Failing this, the Wyndham Diwali Inc. executive committee will apply additional charges.

 

All enquiries email: team@wyndhamdiwali.org.au


 Food Stallholders / Space holders Special Conditions 2017

Liability:

The marquee hirer does not have under any circumstances any cause of action against or right to claim or recover from WDI, its Officials/Staff and any volunteers for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by:

  1. any breach of these terms and conditions; or
  2. any fact, matter or material relating to the general stalls; or
  3. any defect in material or preparation of, or any other defect whatsoever in, or unsuitability for, any purpose of the food or any part of the food, supplied by the Applicant; or
  4. By default or negligence on the part of WDI, its Officials/Staff and any volunteers or of any employee, contractor or agent of WDI or of any person for whom WDI has legal responsibility relating to the supply of or otherwise concerning the general stall, the site, or any part of the general stall.

Force Majeure:

  • If by reason of any fact, circumstance, matter or material, including but not limited to industrial disputes, default of suppliers, compliance with governmental order or request, sabotage, rebellion, fires, flood, breakdown of plant or machinery, beyond the reasonable control of WDI or the Applicant either is unable to perform in whole or in part any obligation under this agreement that party is relieved of that obligation under the terms and conditions contained herein to the extent and for the period that it is so unable to perform and is not liable to the other party to this agreement in respect of such inability.
  • Any delays in or failure of performance of either the Applicant or WDI shall not constitute default under this agreement or give rise to any claims for damages.
  • In the event of any unforeseen circumstance, including but not limited to the incumbent weather, or declared emergency by Wyndham City Council or the Victorian Government, WDI or the Applicant is unable to perform in whole or in part any obligation under the terms and conditions contained herein, that party is relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and is not liable to the other party to this agreement in respect of such inability.

 Inclement Weather:

  • When the event is impacted by inclement weather conditions, it is the responsibility of the Marquee holder to seek guidance from the safety officer on site or the WDI team in that order.
  • WDI and/or its team are NOT responsible for any goods or materials within the marquee, i.e. under no circumstances, there can be any claim made with the WDI for any incident or loss or damage as a result of the weather.
  • It is the responsibility of the marquee holder to monitor the weather and consult the WDI team to communicate at all times.
  • WDI will only make a decision of continuing with the event or cancellation of same, if more than 75% of the marquee holders express their decision.
  • WDI team will be responsible for all the public and their safety in such weather conditions and will ONLY be able to attend to individual marquee holder’s requests if the matters are related to safety. Any other concerns will be addressed, after the event is secured from a safety perspective.
  • No requests for refunds will be entertained on the event day.

Indemnity:

  • The applicant will fully Indemnify WDI and its executive team and anyone associated with WDI for any losses or damages to their property, vehicles and any other that may have occurred for holding the stall at the Wyndham Diwali festival as the stall applicant is clearly explained about this and the stall applicant agrees that they have booked the marquee at their own risk and Wyndham Diwali Inc. is not responsible for their business stall outcome on the day at the festival.
  • The Applicant shall indemnify and keep indemnified WDI and any of its subsidiaries, affiliates, director, officers, agents, employees, volunteers, authorised representatives and consultants, against all and every claim, demand, action, suite, cost (including any solicitor costs calculated on an indemnity basis), loss or proceeding of whatsoever nature and however they shall be brought by any third party or on behalf of any third party including any solicitors costs calculated on an indemnity basis arising out of or incidental to the carrying out of the carrying out, completion or execution of the services for any reason or by any act or omission or fault or negligence by WDI or any of its suppliers, subcontractors, consultants or any other person acting on or purporting to be acting by WDI’s direction or control or on behalf of WDI.
  • This indemnity shall specifically extend to and include an indemnity by the Applicant to WDI for damage to property and injury to or death of any third party including any person who is employed by or acting under the direction or control of the Applicant.

 

Governing Law:

The laws of Victoria in force shall govern this agreement from time to time, and the parties agree to submit to the jurisdiction of the Courts of that State.

Invalidity:

If any clause or part thereof contained in this agreement shall be judged to be invalid for any reason whatsoever such invalidity shall not affect the validity or operation of the remainder of this agreement and such invalid clause or part thereof shall be deemed to have been deleted from this agreement.


Performing groups / individuals Terms and conditions

Health History:Health History:Please contact your doctor if you have any medical condition to get the clearance to join the dance classes as it involves complete body movement and physical workout.
Disclaimer and Liability Waiver:The Performer who received this application (or where the performer is below 18yr of age, the parent or guardian) hereby confirms that the performer has been advised by a competent medical doctor that he or she is medically, mentally and physically fit to participate in the dance classes/ shows /events organized by Wyndham Diwali, and that he or she no physical or mental conditions that may affect his or her ability to do so.
It is expressly understood by the performer and or the performer’s parents or guardian as the case may be (hereinafter  referred to as performer for the sake of convenience), that it is not compulsory to participate in the dance classes, shows events organized by Wyndham Diwali. The performer expressly confirms and states to Wyndham Diwali that he or she has voluntarily chosen to participates and or perform out of his or her own freewill and not under any kind of pressure from Wyndham Diwali its representatives, instructors  or anyone whatsoever to do so with Wyndham Diwali.
The performer understands, acknowledges and accepts that participation in the shows/events organized by Wyndham Diwali is a strenuous physical activity and may involve risk of accident, injury to the performer’s person or property or loss of life or harm of any nature to any performer or performer’s parent, guardian, relative or friend at or around the event venue the performer is expressly agrees and acknowledges that Wyndham Diwali shall not be responsible and or liable for the loss, injury, loss of life, harm or damage caused and the performer shall further be liable to Wyndham Diwali for all loss and or damage suffered by Wyndham Diwali and or its representatives, instructors, employees, etc. virtue thereof.
Notwithstanding the above, in the event of any injury or other medical conditions that the performer may experience during any of the events, the performer authorizes Wyndham Diwali to administer or procure the administration of medical treatment as deemed fit by qualified medical personnel if he / she is not able to act on his / her own behalf and agrees not to make any claim against Wyndham Diwali and or such medical practitioners, where for negligence and or malpractice or otherwise. The performer further agrees and acknowledges that he or she will be exclusively liable and responsible for all costs, expenses and claims resulting from such medical attention provided, and shall reimburse to Wyndham Diwali any sums expended by it in this regard.
The performer shall further indemnify Wyndham Diwali in respect of any claims, demands, losses or decrees, orders or awards that may be made against Wyndham Diwali and or its representative, tutors, instructors, employees, etc. in this regard.  The performer shall further indemnify Wyndham Diwali for all losses, damages and injury caused, resulting from or in any way attribute to any illness, accident, injury of any of the members of Wyndham Diwali occasioned my any act or omission of the performer.
Wyndham Diwali reserves the right to reject the participation of the performer in any events for reasons of inability, behavior endangering the safety, welfare of himself or herself and or others.  No compensation will be made to the performer on account of such rejection or the performer’s own inability to participate therein.
Wyndham Diwali events will be shown or covered by the media. Your participation in Wyndham Diwali confirms that you have no objection to the same and will co-operate with Wyndham Diwali for all such publicity, television and media coverage.
Performer parking may be provided outside the event area behind the stage.
For performer groups, only the authorised contact person will be liaised with.
Limited Green Rooms will be provided at the rear within close proximity to the stage. Green rooms may be furnished with tables and chairs for your use. Please vacate the rooms once you finished your performance. It would be greatly appreciated if the Green Rooms could be kept clean and tidy for use by the next group.
The emergency contact details of the backstage manager will be available for all performing groups close to the event.
If you miss the allocated performance time slot, we may try to accommodate you in any later available slots but WDI team cannot guarantee this.
To avoid any inconvenience please arrive on site at least 2 hrs earlier to familiarise with the location etc.
Performers are encouraged to mingle with the crowd in their costumes so that media can cover them and chat with the audience and take photos.
No vehicles are permitted to drive across the lawns at Presidents Park.
Wyndham Diwali is a not for profit organisation and we will not cover any of your costs for hire of equipment, transport, food, makeup, costumes, props or any other expense you may have incurred to give a performance.
Please provide a copy of the Public Liability insurance if you have one.
The Performer(s) shall further indemnify Wyndham Diwali Inc. and its executive team and volunteers in respect of any claims, demands, losses or decrees, orders or awards that may be made against Wyndham Diwali and or its representative etc. in this regard.
By performing at Wyndham Diwali you and the team you represent confirm you read, understood and agree to all the above terms and conditions.
Wyndham Diwali organisers have right to reject / cancel your performance with out giving you any notice depending on the situation / circumstance at the event grounds.