THIS AGREEMENT is made this day of April 2023 BETWEEN (“Supplier”) LEGG & HICKS ENTERPRISES PTY LTD – ABN:96649000984 of 23 Swan St, Richmond VIC 3121 AND (“User”) WHEREAS:
- The Supplier provides RENTAL SPACE for food trucks.
- The User wishes to SERVE FOOD PRODUCTS from their food truck.
- The Supplier has agreed to provide allocated areas to the User on the terms and conditions herein set out in this Agreement.
NOW, THEREFORE, IT IS AGREED:
In this Agreement unless the context otherwise requires:
- The singular shall import and include the plural and vice versa;
- Words indicating one gender shall import and include other genders;
- Words indicating natural persons shall import and include juristic persons;
- Clause headings are for the purposes of convenience and reference only, and shall not be used in the interpretation of this Agreement, nor modify nor amplify any of its provisions;
- Where any number of days is prescribed in this Agreement, they shall be calculated exclusive of the first day and inclusive of the last day unless the last day falls on a Saturday, Sunday, or public holiday in Australia. In such case, the last day shall be the next succeeding day which is not a Saturday, Sunday, or public holiday;
- If any doubt or conflict arises where figures are referred to in numerals and in words, the words shall prevail;
- If any provision in a definition contained in this Agreement is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it only appears in a definition, effect shall be given to it as if it was a substantive provision in the body of the Agreement;
- All of the annexures, if any, annexed to this Agreement are incorporated herein, and shall have the same force and effect as if they were set out in the body of this Agreement;
- None of the provisions hereof shall be construed against or interpreted to the disadvantage of the Party responsible for the drafting or preparation of such provision;
- Whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned;
- A reference to any statutory enactment (including statutes, ordinances, regulations, and by-laws) shall be construed as a reference to that enactment as at the signature date and as amended or re-enacted or substituted from time to time thereafter;
- The expiration or termination of this Agreement shall not affect such of its provisions as expressly provide that they will continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination;
- This Agreement shall be governed by and interpreted in accordance with the law of Victoria, Australia, and the Courts of the State of Victoria shall have exclusive jurisdiction regarding any dispute which may arise in terms of this Agreement.
2. RENTAL SPACE
- The User shall pay a total amount of $125.00 for Non-powered sites.
- The User shall pay a total amount of $150.00 for powered sites.
3. PAYMENT & REFUND TERMS
- The User shall pay by bank deposit 7 days prior to attending via 3.2.
- 3 days notice is to be given for a refund of payment.
4. SETUP AND BACK DOWN
- The User shall arrive on-site at 3-4 pm and be ready to trade by 5 pm each Friday.
- The user shall be packed down and leave the premises no later than 9 pm.
- The User shall be responsible to provide power for non-powered sites.
5. WASTE MANAGEMENT
- The supplier shall supply onsite bins for waste disposal.
6. PUBLIC LIABILITY INSURANCE
- The User shall ensure they have a current public liability insurance policy.
- Any expression used in this clause and which is defined in the “A New Tax System, (Goods and Services Tax) Act 1999” has the same meaning in this clause.
- Unless otherwise expressly stated all amounts stated in this Agreement and payable to the Supplier under these terms and conditions are exclusive of GST.
8. ADVERTISING & PROMOTIONS
- The Supplier shall maintain online social networking services including Facebook and Instagram in relation to the User’s attendance.
- The Supplier shall include the details of the User’s business name on all its websites with interactive features and links to the User’s websites. However, the Supplier reserves the rights to veto if there are any explicit materials on any of the User’s websites.
- The Supplier shall web advertise, market, and brand various material belonging to the User including posters and other merchandise as and when necessary.
- The User agrees to indemnify the Supplier, its directors, shareholders, employees, and agents against all claims, costs, expenses, damages, and losses (including legal costs and expenses) incurred through claims from third parties due to the negligence of the User, its employees, agents, apprentices, or customers.
10. CESSION AND ASSIGNMENT
- The rights and obligations of the User are personal and may not be ceded, assigned, let, or otherwise disposed of in any manner whatsoever, without the prior written consent of the Supplier.
- In the event of the transferal of the rights and/or the obligations pertaining to this Agreement of any of the parties by whatever means to another party, it shall be a specific condition of such transferal that the other party shall unconditionally accept the terms and conditions of this Agreement.
- Any notice to be served on either of the parties by the other shall be sent by post to the registered office and/or residential address of the receiving party, or by facsimile transmission, and shall be deemed to have been received by the addressee within 72 hours of posting, or 24 hours if sent by facsimile transmission, to the correct facsimile transmission number of the addressee, and evidence of such transmission shall be by receipt from the facsimile machine so confirming the successful transmission of the notice.
- In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal, or otherwise unenforceable, the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or at the discretion of the parties or it may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
EXECUTED BY THE PARTIES AS AN AGREEMENT the date first set out above.