Terms & Conditions

Christmas in July Terms and Conditions

All stall holders must provide a copy their public liability insurance of minimum 10 million dollars and must also provide a copy of respective license for their business.
All stall holders are also required to send the list of items that will be sold on the day by the
31st of May 2022.
We will provide a 3m x 3m space for the stall. If outside, we will also provide a tent.
Each stall will be provided with lighting. One power point with electricity is also included in the cost.
We will also provide garbage collection and removal.
Stall charges of $350 must be paid by 20th May 2022.
Payments can be made online via credit or debit cards.

Christmas Park Sponsorship Terms and Conditions

These are the terms and conditions (“Terms and Conditions”) upon which you (the Sponsor) agree to use our (Robert Azdajic trading as “Christmas Park” ABN 62918172100) Sponsorship Service. These Terms and Conditions are effective upon receipt of payment of the Sponsorship Fees from you.
By paying the Sponsorship Fees and using the Sponsorship Service, you are agreeing to these Terms and Conditions.

Definitions
- “Christmas Tree” means a natural or artificial tree that is approximately 185 centimetres in height.
- “Commencement Date” means 1 December 2022.
- “Decoration Period” means 27, 28, 29 and 30 November 2022.
- “End Date” means 24 December 2022.
- “Grounds” means Hall Showground, Gladstone Street, Hall, Australian Capital Territory 2618.
- “Sponsorship Service” means the license from us for you to decorate one Christmas Tree which is located on the Grounds with decorations that are supplied by us and excludes ownership of the Christmas Tree or decorations passing to you.
- “Term” means the period between the Commencement Date and the End Date.
- “Terms and Conditions” means these Terms and Conditions and all materials referred to.
- “Sponsorship Fee” means the amount of $99 that you pay us for the Sponsorship Service.
- “We”, “us” or “our” means the person or entity providing the Sponsorship Service.
- “You” or “your” means the person or entity using the Sponsorship Service.
Sponsorship Service
1. In consideration of the Sponsorship Fee, we will:
  1. provide the Sponsorship Service to you within the Grounds from the commencement of the Decoration Period until the End Date;
  2. provide you with one free adult admission to the Grounds for hours that are open to the public during the Term.
  3. provide at the Grounds a jumping castle, face painting services and/or such other services, during such hours and on such terms and conditions that we deem appropriate during the Term.
2. Ownership of the Christmas Tree and decorations that we supply shall remain vested in us at all times.
3. We will donate the Sponsorship Fee to a registered charity at our absolute discretion within 21 days from the End Date.
Sponsorship Fee
1. You agree to pay the Sponsorship Fee to us in advance.
2. The Sponsorship Fee is non-refundable, with the exception of circumstances in clause 9(c).

Decorations
1. Decoration Period
  1. During the Decoration Period, we will provide you access to enter the Grounds on no more than three separate occasions at no fee and solely for the purpose of decorating the Christmas Tree.
  2. We will not provide you access the Grounds to decorate the Christmas Tree during the Term and will only grant access to the Grounds during the Term for the purpose of rectifying, repairing, adjusting, fixing or cleaning the decorations that were erected or installed during the Decoration Period.
  3. In the event that you access the Grounds during the Term for the purpose of rectifying, repairing, adjusting, fixing or cleaning the decorations, you agree to pay an admission fee that is charged to members of the public for such access to the Grounds.
2. Rectification, repair, adjustment, fixing or cleaning decorations
  1. If, during the Term, the decorations require rectification, repair, adjustment, fixing or cleaning:
    1. you may request access to enter the Grounds to rectify, repair, adjust, fix or clean the decorations on the Christmas Tree and our consent to such request is not to be unreasonably withheld.
    2. we may request that you rectify, repair, adjust, fix or clean the decorations on the Christmas Tree within 24 hours.
  2. You must rectify any defects, breakages or problems with the decorations on the Christmas Tree within 24 hours of us issuing a request to you, failing which we have the right to either:
    1. Remove the decorations on the Christmas Tree; or
    2. Remove the Christmas Tree from the Grounds;
    with no further notice to you.
  3. You must ensure that any damage to the Grounds or to another tree caused by the Christmas Tree decorations are to be rectified at your own cost.
3. Decorations to be supplied by us
  1. You agree to decorate the Christmas Tree in accordance with the provisions of these Terms and Conditions.
  2. We will supply materials and decorations to you for the purpose of decorating the Christmas Tree.
  3. You agree not to decorate the Christmas Tree or any part of the Grounds with any materials or decorations except for the decorations that we supply to you.
4. Prohibited and unauthorised Christmas Tree decorations
  1. You agree not to decorate the Christmas Tree with signage, symbols, flags, ribbons, bunting, lights, ornaments, decorations or any other materials except for those decorations that we supply to you.
  2. If, in our opinion, you have decorated the Christmas Tree in contravention with any of the provisions in 2or these Terms and Conditions, then we may, without notice to you:
    1. remove all or part of the Christmas Tree decorations that we consider to be in contravention of the provisions in these Terms and Conditions; or
    2. give a written notice to you advising that you have 24 hours to remedy the breach.
  3. if we elect to give a written notice pursuant to clause 4.2(b)(ii) and you fail to remedy the breach within the 24 hour period, we may elect to terminate these Terms and Conditions without notice.

Cleaning up
1. You must keep the Christmas Tree, the Christmas Tree decorations and the 1 metre area surrounding the Christmas Tree clean and tidy at all times during the Term.
2. Within 24 days following the End Date (“Clean Up Period”) you will have access to the Grounds at no fee to remove the decorations from the Christmas Tree.
3. During the Clean Up Period you must remove all decorations from or surrounding the Christmas Tree.
4. If, after the expiry of the Clean Up Period, you have not removed all decorations from the Christmas Tree, the decorations shall be deemed to be abandoned by you and you give us the right to:
  1. retain or dispose of the decorations at our absolute discretion; and.
  2. charge you an additional fee of $15 for removing all decorations from the Christmas Tree.
Environment health and safety requirements
1. During your access to the Grounds you must comply with all conditions specified by the owner of the Grounds, all applicable laws relating to safety, environment and health matters (OH&S), statutes, regulations and by-laws and all applicable codes of practices and standards.
2. You must ensure that personnel involved in the Christmas Tree decorations do not undertake activities which might be detrimental to the environment or create a risk to the health, safety or welfare of themselves or others.
3. You must ensure that you have an appropriate OH&S management system in relation to decorating the Christmas Tree or attending to the Christmas Tree decorations and that all persons engaged in carrying out any activities in relation to the Christmas Tree decorations have been instructed an trained regarding OH&S requirements.
Third party products, services and licenses
1. We disclaim all liability with respect to third-party products, services and licenses that are provided under these Terms and Conditions, including but not limited to the Christmas Tree and the right to use the Grounds.
2. To the extent permitted by law, we shall have no liability of any kind under these Terms and Conditions in relation to third-party products, services and licenses.
3. You agree that without your agreement to this limitation of liability, we would not provide the Sponsorship Service to you.
Grounds opening hours
1. Ground opening hours from 1^st – 24^th of Dec from 6:00pm-10:00pm.
2. We reserve the right to modify, at our own absolute discretion:
  1. the times and dates contained in clause 8(a);
  2. the Commencement Date;
  3. the End Date; and
  4. the dimensions and measurements of the Christmas Tree.
Termination
1. These Terms and Conditions shall end upon the earlier of expiration 25 hours after the End Date or termination.
2. We may terminate these Terms and Conditions at any time without cause.
3. If we terminate these Terms and Conditions from the Commencement Date either with or without cause you will not be entitled to receive a refund of the Sponsorship Fee.
4. If we terminate these Terms and Conditions between the Decoration Period and the Commencement Date without cause you will be entitled to receive a refund of the Sponsorship Fee.
5. Upon termination of these Terms and Conditions we have the right to:
  1. remove the Christmas Tree and any decorations on it from the Ground; or
  2. remove any decorations from the Christmas Tree.
Liability
1. We shall not be held liable for any or all decorations on the Christmas Tree or on the trees of other sponsors that may affect or violate any patent, trademark, copyright, trade secret, other intellectual property right or any legal right of any third party.
2. We shall not be liable for any indirect, incidental, consequential, liquidated, special, punitive or exemplary damages or penalties to you, including but not limited to, losses of business, revenue or profits, as a consequence of the provision of the Sponsorship Services or your access and entry onto the Grounds.
3. We shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the Sponsorship service resulting directly or indirectly from any cause or circumstance beyond our reasonable control.

Indemnification

You agree to indemnify us against all or any losses, liabilities, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by us arising out of or relating to any third-party claim caused by or resulting from a breach of these Terms and Conditions by you.

Disputes

Any disputes between us arising out of or relating to these Terms and Conditions that cannot be resolved amicably shall be referred to mediation to be held in Canberra, Australian Capital Territory.

Force majeure

Neither party will be responsible for failure or delay of performance if caused by: a pandemic, an act of war, hostility, or sabotage; act of God; storm, flooding or inclement weather; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

Assignment
1. You will not assign or transfer these Terms and Conditions without our prior written consent, which will not be unreasonably withheld.
2. We may assign any part these Terms and Conditions and our rights and obligations under these Terms and Conditions to any third party or affiliate.
3. These Terms and Conditions shall be binding upon, inure to the benefit of and be enforceable by a party, its successors and permitted assigns.

No third party beneficiaries

Nothing in these Terms and Conditions, express or implied, is intended to or shall confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of these Terms and Conditions.

Authority

Each party represents and warrants to the other that it has full power and authority to enter into these Terms and Conditions and that it is binding upon such party and enforceable in accordance with its terms.

Relationship of the parties

The parties agree that no joint venture, partnership, employment, or agency relationship exists between them.

Severability

If any part of these Terms and Conditions is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions will continue in effect.

Governing Law

The terms of these Terms and Conditions shall be governed, construed and enforced in accordance with the laws of the Australian Capital Territory and the parties’ consent to the jurisdiction of the courts of the Australian Capital Territory for all purposes in connection with any proceeding which arises out of or relates to these Terms and Conditions.

Non reliance

You acknowledge and agree that:

these Terms and Conditions constitutes the entirety of the agreement between the parties; and
you have not entered into these Terms and Conditions in reliance wholly or partly or on any statement or representation by or on behalf of us other than the representations and disclosures in these Terms and Conditions.

Survival

The following clauses shall survive the expiration or termination of these Terms and Conditions:

Clause 1 ‘Definitions’.
Clause 3 ‘Sponsorship fee’.
Clause 7 ‘Third party products, services and licenses’.
Clause 10 ‘Liability’.
Clause 11 ‘Indemnification’.
Clause 12 ‘Disputes’.
Clause 14 ‘Assignment’.
Clause 15 ‘No third party beneficiaries’.
Clause 19 ‘Governing law’.
Clause 20 ‘Non reliance’.

Agreement to these Terms and Conditions

By paying the Sponsorship Fee, you are agreeing to these Terms and Conditions.

Owner’s consent

We are using our reasonable best efforts to license the Grounds and facilities that are located upon them for the purpose of providing the Sponsorship Service during the Term. These Terms and Conditions are conditional upon us obtaining all necessary consents from the owner of the Grounds and any facilities that are located upon the Grounds to license the Grounds and such facilities for the purpose of providing the Sponsorship Service.

Christmas in July Terms and Conditions

Christmas Park Sponsorship Terms and Conditions

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