The Mount Surf Festival Vendor Terms + Conditions

The Mount Surf Festival (‘TMSF’) is a celebration of New Zealand’s surf culture, drawing together shapers, artists, creators and producers for one day on Saturday 27 February 2021. 

The event is free to attend, inviting all ages of Mount locals and visitors to browse a showcase of interesting boards hand crafted by New Zealand’s shapers; discover and purchase locally-made, artisanal goods; and enjoy good food and drink in the beautiful surroundings of Mount Maunganui. 

In this document you will find market stallholder and food vendor (hereafter jointly referred to as ‘Vendor’) information for TMSF. Applications must be made via TMSF website’s online application form, and no other form of application will be considered. This document will be considered as the agreement between the TMSF organisers and the Vendor, and payment of the site fee will be deem as acceptance of these terms and conditions.

Hours

The Mount Surf Festival will begin at 10am and end at 3pm. Vendors will have access to the site from 7am and must be ready to trade at 10am. Vehicle access to Mount Drury will be closed at 9.30am and will reopen after 3pm. We ask that each Vendor to stay at TMSF until closing, and no equipment or gazebos should be dismantled before 3pm. 

Site Fees

Food vendors: $80

Market Vendors: $60

Once an application has been received and accepted, you will be sent an invoice via email to secure your site at TMSF. This invoice must be paid within 14 days of being received, and Vendor participation is not confirmed until payment has been received. TMSF has sole discretion to accept or decline any application, and reserves the right to choose vendors on such grounds as: type of goods already on offer, quality and type of product. 

Sites
Each Vendor will be allocated a 3m x 3m site. Vendors must provide all of their own equipment, including a securely pitched gazebo, and tables and chairs if required. All stall features and displays must be kept within the allocated 3m x 3m space, and a high standard of presentation is expected.

Vendors are responsible for maintaining appearance of their site and surrounding areas both during and after the festival, leaving the area clean and tidy. Boxes and cartons must be removed from the market area during the festival and not used as display methods.

Event organisers will be responsible for site allocation. All Vendors will be informed of their site allocations one week prior to TMSF, and all site allocations are final. 

Parking

No parking will be provided for Vendors, however, there are plenty of public parking spaces nearby. Vendors will be able to drive vehicles onto Mount Drury to unload/load from 7am until 9.30am, and after 3pm.

Space for unloading/loading is limited, and during unloading/loading the site may become congested. Vendors must unload their vehicles as quickly as possible and then remove their cars before setting up their stalls.

Products
We would like to include a range of high quality, diverse products, and preference will be given to traders offering locally produced items that sit well with TMSF’s theme. Vendors are only able to sell products approved by TMSF organisers as per their application.

Once an application has been accepted, we will be asking all Vendors to provide a comprehensive list of products. If after submitting your application you wish to sell additional products, please let TMSF organisers know by emailing hello@themountsurffestival.com. We will not be accepting applications from Vendors if their product is too similar to a confirmed Vendor.

It is the responsibility of each Vendor to ensure their products comply with the relevant safety and labelling standards for their items. TMSF takes no responsibility for products or Vendors who fail to comply with safety standards and regulations.

Vendors are not permitted to sell offensive, illegal, prohibited, counterfeit or unauthorised goods, including goods bearing trademarks for which the Vendor does not have a licence to sell. It is the Vendor’s responsibility to ensure that the products they are selling do not infringe on any third party rights.

Environmental Responsibility 
TMSF is a single use plastic-free event and all Vendors must adhere to this. The use of single use plastics (e.g. plastic cutlery and plastic shopping bags) is not permitted and we ask every Vendor to consider more sustainable alternatives, such as wooden cutlery and paper bags.

Food and drink
Food Vendors must ensure that they have appropriate, and current, food safety certificates, registrations and insurance, which must be present at TMSF. This includes a permit to sell food/drink as a mobile trader. 

If power is required, it is the Vendor’s responsibility to ensure that all leads and electrical equipment are in compliance with workplace laws and regulations. Having necessary food/drink permits is the responsibility of the food/drink Vendor and must be completed prior to event application. Certificates of registration and permits will be requested as part of the application process.

Power
Stall Holders will not have access to power. Only Food Vendors will be granted access to power.

Weather
The Mount Surf Festival takes no responsibility for the weather. Please come prepared for all weather conditions, rain or shine.

Event Cancellation

TMSF reserves the right to cancel the event 24 hours prior to its scheduled time. Event cancellation will only occur for safety reasons, such as an extreme weather warning. 

If the event is cancelled by event organisers, Vendors are entitled to a full refund of their site fee. TMSF organisers will inform Vendors of event cancellation via email. 


Cancellations

Once your site application is accepted and paid for, should you cancel six or more weeks prior to The Festival, you will be entitled to a 50% refund of your site fee. Cancellations received within six weeks or less prior to The Mount Surf Festival are non-refundable. Vendors who fail to attend TMSF without having notified the event organisers will not be entitled to a refund. For the avoidance of doubt, the location of your site shall not be considered grounds for a refund.

Site Safety
Please show all consideration for safety at The Mount Surf Festival, including for yourself, your team, your fellow Vendors and festival attendees. Vendors are responsible for maintaining their site space. For any safety concerns you have during the event at or near your site, please contact TMSF organisers immediately. 

Closing
Vendors must not begin packing up before 3pm. If a Vendor sells out of products before 3pm, we encourage Vendors to place a ‘SOLD OUT’ sign in their area, but no gazebos or equipment should be dismantled. After 3pm, stallholders must pack up their stall before collecting their vehicle. All Vendors are responsible for the removal of their own waste, and must leave their allocated site in the condition it was found.

Regulations and Insurance
All Vendors must provide their own public liability insurance, and their PLI compliance certificate must be provided prior to the event. Vendors must be courteous to other Vendors, customers, visitors and staff, and be respectful of TMSF organisers’ decisions. Failure to comply may result in the immediate closure of their site. 

Governing Law and Limitation of Liability
This agreement shall be governed by and construed in accordance with the laws of New Zealand and each of the parties hereto submits to the exclusive jurisdiction of the New Zealand Courts as regards any claim or matter arising under this agreement.

With the exception of liabilities relating to death or personal injury cause by the proven negligence of TMSF’s organisers, the extent of the liability of any nature, of the organisers of TMSF will be the site fees paid by the Vendor to TMSF for the event during which the claim arose.  With the exception detailed in the paragraph immediately preceding, and to the extent of the law, The Mount Surf Festival shall not liable to the Vendor for any event or outcome relating to participation in the event. This includes for example, but not exclusively, for any damage, theft, loss or harm Vendors or anyone working with stallholders may experience as a result of participation in TMSF. Furthermore, The Mount Surf Festival is not responsible for any claims, actions, demands or suits that Vendors may face as a result of their conduct during TMSF.

Where disputes occur between participating Vendors, The Mount Surf Festival will not be directly involved under any circumstances. Vendors found in breach of any of the terms and conditions outlined within this agreement, risk exclusion from future events held by The Mount Surf Festival.

Other
Alcohol is not permitted on Mount Drury, and alcohol and drug consumption is strictly prohibited for the duration of TMSF.

No smoking is allowed by Vendors within their stall, and all smokers must adhere to New Zealand’s smoking laws. No dogs or pets are allowed at the event or on Mount Drury. Images of Vendors and their products may be used as promotional material by The Mount Surf Festival for media and publicity purposes. By applying to be a Vendor at TMSF, you are agreeing to images of both yourself and your products being taken and used in promotional materials, online and in print. Images supplied by Vendors may also be used as promotional material by The Mount Surf Festival. By supplying images, you are confirming that the images are yours, or you have the necessary permissions, from the photographer for example.

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