3.1 Completion of this form does NOT guarantee selection into Firelight Festival.
3.2 To make selection decisions, Council assesses all catering operator expression of interest applications against the selection criteria outlined above.
3.3 The selection decisions made by Council including but not limited to: final selection, site allocation and site fees, is final and at Council’s discretion, no further correspondence will be entered into after final selection.
3.4 Notifications of the status of applications are sent via email by Friday 19 April 2024. No information will be available prior to this date.
If selected, Catering Operators agree to the terms and conditions set out in this application and agree to comply with all directions and requirements of Council and the Firelight Festival Team and will promptly pay the Revenue Sharing Site Fees to Council.
4. Indemnity and insurance
4.1. The catering operator indemnifies and to keeps indemnified the Council, its servants and agents, and each of them from and against all actions, costs, claims, charges, expenses, penalties, demands and damages whatsoever which may be brought or made or claimed against them, or any of them, arising from the catering operator’ performance or purported performance of its obligations under this agreement and be directly or indirectly related to the negligent acts, errors or omissions of the catering operator/s.
4.2. The catering operator’s liability to indemnify the Council shall be reduced proportionally to the extent that any act or omission of the Council, its servants or agents, contributed to the loss or liability.
4.3. If selected, the catering operator must effect and maintain adequate insurance/s to cover their legal and/or contractual liabilities arising as a result of their participation in "Docklands Firelight Festival " activities, including Public Liability insurance to a minimum of $20 million per incident. Insurance/s must be underwritten by insurers authorised to conduct insurance business in Australia and be appropriately endorsed to cover the catering operators "operators “Docklands Firelight Festival " activities. The catering operator must provide the Council with a certificate of currency if selected.
5. Other
5.1. No signage is permitted at Docklands Firelight Festival without written approval from Council.
5.2. Catering operators must operate during Docklands Firelight Festival trading times specified in contract unless otherwise agreed to with Council.
5.3. The lawful directions of members of the Victoria Police, authorised Council Officers, Docklands Firelight Festival team, staff and crew must be complied with at all times.
5.4. Council takes great care in planning and presenting a safe and happy festival. However it is understood that in being involved in Docklands Firelight Festival the catering operator fully indemnifies the Melbourne City Council against any claim laid against it, either by members of the public or persons engaged in any activity associated with Docklands Firelight Festival who, as a result of Docklands Firelight Festival, suffer personal injury, property damage or financial loss.
5.5. The catering operator must advise Council immediately if there are any changes to their participation.
5.6. The catering operator agrees that their image and/or voice as recorded, photographed or filmed during Docklands Firelight Festival (including all staff, employees, volunteers or agents of the catering operator) may be broadcast or published by the promoter in any media. This includes but is not limited to: TV, Radio, Internet, Magazine, or any other advertising in connection with Docklands Firelight Festival and any future Council event, and those participants will not be entitled to any fee for such use.
5.7. The Docklands Firelight Festival site is an alcohol (except for red line areas) and smoke-free zone. Smoking is not permitted nor shall a participant or visitor consume alcohol on the site, bring alcohol to the site or be under the influence of alcohol or any illicit drug in, on or around the Docklands Firelight Festival site.
5.8. All catering operators engaged by Council must conform to the requirements of the Occupational Health and Safety Act (Victoria) 2004, Local Government Act and any Local-Laws, or Regulation made there under and shall be liable for any breach of such Acts, Local Laws, or Regulations. All other Acts, Statutory Rules, Provisions and Regulation of the Commonwealth of Australia or State of Victoria, for the time being in force shall be complied with.
5.9. The personal information supplied to Council in relation to this Contract are required in order to provide the service requested. It will be used by Council staff and stored in our record system for only as long as necessary. During this time, it can be accessed and amended by you, and will only be given to third parties with your consent or as required by legislation.
5.10. The catering operator’s contractors and staff are obliged to keep their work areas and surrounds clean and tidy throughout Docklands Firelight Festival and comply with the obligations under this Contract.
5.11. The catering operators consent to the disclosure of all information or publication of documents relating to the temporary food premises which may be revealed or contained as a result of an inspection and/or sampling conducted in relation to the Food Act 1984 during Docklands Firelight Festival by authorised officers of Council’s Health and Wellbeing Branch.