Bowerbird Terms & Conditions (“Conditions”) Version 2.0
Relating to events held between 1 July 2021 to 30 June 2022
“Administration Fee” means the portion of the “Fee” relating to administration and marketing expenses.
“Application” means the online application that each Vendor completes including their personal and business information.
“Additional Charges” means any additional charges associated with requests from a Vendor for other amenities such as (but not limited to) furniture hire, liquor license, early access and power.
“Bump In” means setting up and the requirements of Bump In as set out in the Stallholder Information.
“Bump Out” means packing up and the requirements of Bump Out as set out in the Stallholder Information.
“Cancellation Notice” has the meaning as set out in 7.2.
“Conditions” means the terms and conditions set out in this document.
“Evacuation Plan and Procedure” means the Venue’s evacuation procedure.
“Event” means a Bowerbird design market, operating during the Event Dates.
“Event Area” means the prescribed area of the Event within the Venue.
“Event Dates” means dates set by the Organiser.
“Event Staff” means direct employees, volunteers or contractors of the Organiser for the duration of the Event.
“Fee” means the amount invoiced for the Vendor’s requested Stall, which includes the Administration Fee, as requested in the Application, or Workshop.
“Fee Structure” means the stall fees as set out at Annexure A of these conditions.
“Offer” means the offer sent to a potential Vendor in regard to participation in the Event.
“Organiser” means Bowerbird Bazaar Pty Ltd (Bowerbird) of 243 Carrington Street, Adelaide SA 5000.
“Payment Terms” means terms of payment of invoice agreed in writing by the Organiser and a Vendor.
“Stall” or “Stalls” means space allocated to Vendors and any structures assembled by Vendors to carry out the sale of goods and products during the Event.
“Stallholder Information” means the stallholder information booklet provided by the Organiser to the Vendors regarding information about the Event.
“Total Fees” means the sum of the Fees including the Administration Fee and Additional Charges.
“Venue” means the location of the Bowerbird Design Market.
“Vendor” means person(s) and organisation(s) that participate in the operating and managing of a Stall and or Workshop at the Event, details of which are set out in the Application.
“Venue’s Conditions of Entry” means the Venues terms and conditions to access and attend at the Venue.
“Workshop” has the meaning set out in the Application.
Vendors must not (unless otherwise authorised):
(a) the injury, illness or death to people or animals; or
(b) damage, destruction or loss of property.
(c) Vendors are to assist the Organiser to complete any forms required by the Venue or the Organiser in the event a hazard is reported by a Vendor to the Organiser.
(a) the injury, illness or death of any person or animals;
(b) the damage, destruction or loss of property; or
(c) an incident that could have resulted in the consequences listed above.
(d) Vendors are to report and assist in the recording of any incident that may occur within the Event Area.
(a) add, withdraw or substitute any Vendor associated with the event;
(b) vary programming,
(c) event arrangement,
(d) capacity; and
(e) Event opening and closing times.
Nothing in these Conditions intends to exclude, restrict or modify any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law) which cannot be lawfully excluded, restricted or modified.
These Conditions are governed by, and are to be construed in accordance with, the laws of South Australia and the parties to these Conditions irrevocably submit to the exclusive jurisdiction of the courts of South Australia.
These Conditions, and any document incorporated by reference, constitute the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
If these Conditions are inconsistent with any other related document, then these Conditions prevail to the extent of that inconsistency.
A provision or part of these Conditions that is illegal or unenforceable may be severed and the remaining provision or parts of the provisions of these Conditions continue in force.
Acceptance of these Conditions is indicated by the Vendor’s entry to the Event.
(a)including information obtained from any employee, agent or contractor of either party; and
(b)excluding information which is or becomes a matter of public record (otherwise than as a result of a breach of this Agreement or any other duty of confidence), (‘Confidential Information’).
(a) has been approved in writing by the other party; or
(b) is an employee of, or a professional adviser to, the disclosing party, provided that the disclosing party must make clear the continuing obligations of confidentiality to any such person.
(a) under the influence of drugs or alcohol;
(b) who is disorderly;
(c) engaged in offensive or inappropriate behaviour, or vandalism;
(d) who evades legal admission to the event;
(e) carrying prohibited items on their person; or
(f) with reasonable cause in our absolute discretion.
The Organiser will contact the Vendor for resolution of complaints arising from customers.
(a) prevents a party from complying with any of its obligations under these Conditions; and
(b) which that party did not cause, and is unable to control, influence, prevent or avoid through prudent management processes, policies, precautions or other reasonable steps, (‘Force Majeure’).
(a) notify the other parties as soon as it becomes aware of the effect of the Force Majeure upon its obligations;
(b) use its best endeavors to work around or overcome the effect of the Force Majeure;
(c) keep the other parties informed of any changes in the Force Majeure and of the measures taken to comply with this clause; and
(d) recommence performance of its obligations as soon as possible without delay.
(a) The Vendor and all of its employees or agents, or any other participant attending the Venue, must at the request of the Organiser, undertake registration for the purpose of COVID-19 contact tracing and that a refusal to do so will result in any of the persons mentioned in this clause 30.1 being denied entry to the Venue;
(b) The Vendor and all of its employees or agents or any other participant attending the Venue, must abide by SA Health COVID- 19 guidelines, as may arise from time to time; and
(c) The Vendor agrees to indemnify the Organiser against all loss incurred or resulting from the contraction or transmission of COVID-19 between persons at the Venue.
(a) They have not been outside of the country in the last fourteen (14) days;
(b) They have not returned to the State in the last fourteen (14) days from anywhere which as a condition requires them to self- isolate; They have not been in contact with someone who has been outside the Country in the last fourteen (14) days;
(c) They have not been in contact with someone who has been, is currently in isolation for, or is confirmed to have COVID-19 in the last fourteen (14) days;
(d) They will notify the Organiser immediately if they develop flu like symptoms or if they come into contact with anyone with flu like symptoms within fourteen (14) days of the event and will not attend the venue or event at any time until medical advice has been sought and confirmation of health status is in line with SA Health advice; and
(e) They will notify the Organizer if they begin to feel unwell at any time during the Event.
Fee Structure as at 1 July 2021
Cost (Fee) incl. GST (Includes $330.00 Administration Fee): $550.00
Dimensions: 1.8M W 2.4m D
Cost (Fee) incl. GST (Includes $330.00 Administration Fee): $990.00
Dimensions: 2.4m W 2.4m D
Stall: Standard + corner
Cost (Fee) incl. GST (Includes $330.00 Administration Fee): $1,265.00
Dimensions: 2.4m W 2.4m D (front and 1 side open)
Cost (Fee) incl. GST (Includes $330.00 Administration Fee): $1,760.00
Dimensions: 4.8m W 2.4m D
Stall: Double + corner
Cost (Fee) incl. GST (Includes $330.00 Administration Fee): $2,035.00
Dimensions: 4.8m W 2.4m D (front and 1 side open)
Stall: Double End
Cost (Fee) incl. GST (Includes $330.00 Administration Fee): $2,200.00
Dimensions: 4.8m W 2.4m D (front and 2 sides open)