Market Day Vendor Indemnity, Terms & Conditions
For the purposes of this agreement, the term "Organiser" shall mean the Norkem Park Community Policing Forum ("NPCPF"), including its committee members, officers, volunteers, employees, representatives, sponsors, affiliates, venue owners, and authorised agents.
By submitting this application and selecting the "I Accept" option, the Vendor acknowledges that they have read, understood, and agree to be bound by the following Terms & Conditions.
1. Participation
1.1 The Vendor applies to participate in the Market Day Event ("the Event") and agrees to comply with all rules, regulations, and instructions issued by NPCPF.
1.2 Acceptance of an application is at the sole discretion of NPCPF.
1.3 NPCPF reserves the right to refuse, cancel, or terminate any Vendor's participation if these Terms & Conditions are breached.
2. Vendor Responsibilities
2.1 The Vendor is responsible for supplying their own equipment, stock, tables, gazebos, chairs, extension leads, signage, and any other items required for trading unless otherwise agreed in writing.
2.2 The Vendor shall ensure that their stall, products, and conduct comply with all applicable laws, regulations, health and safety requirements, and municipal by-laws.
2.3 The Vendor shall maintain a clean and safe trading area throughout the Event and shall remove all waste upon departure.
2.4 The Vendor is solely responsible for obtaining any permits, licences, certificates, approvals, or authorisations required for the sale of their products or services.
2.5 The Vendor shall ensure that all structures, gazebos, displays, and equipment are properly erected and secured to prevent injury or damage to persons or property.
3. Payment and Cancellation
3.1 Stall fees, where applicable, must be paid in full before the deadline communicated by NPCPF.
3.2 Stall fees are non-refundable unless otherwise determined by NPCPF in writing.
3.3 NPCPF reserves the right to postpone, relocate, modify, suspend, or cancel the Event due to circumstances beyond its reasonable control, including but not limited to adverse weather conditions, natural disasters, public safety concerns, power outages, government regulations, civil unrest, pandemics, or any force majeure event.
3.4 NPCPF shall not be liable for any costs, losses, damages, expenses, loss of profits, loss of income, or other claims incurred by the Vendor as a result of any postponement, relocation, modification, suspension, or cancellation of the Event.
4. Risk and Liability
4.1 Participation in the Event is entirely at the Vendor's own risk.
4.2 The Vendor accepts full responsibility for the safety and security of their products, stock, equipment, cash, vehicles, employees, representatives, contractors, and guests.
4.3 NPCPF shall not be liable for any loss, theft, damage, injury, accident, illness, death, business interruption, consequential loss, or any other damages suffered by the Vendor, its employees, agents, contractors, customers, or visitors arising from participation in the Event.
4.4 Weather Conditions
The Vendor acknowledges that the Event may be affected by weather conditions, including but not limited to rain, wind, storms, lightning, extreme temperatures, flooding, or any other adverse weather event.
NPCPF shall not be held liable for any loss, damage, injury, reduced attendance, loss of income, loss of profits, damage to stock, equipment, displays, gazebos, vehicles, or any other direct or indirect losses suffered by the Vendor as a result of weather conditions before, during, or after the Event.
The Vendor is responsible for ensuring that all equipment, stock, gazebos, displays, and structures are suitable for anticipated weather conditions and are adequately secured at all times.
The Event may proceed, be postponed, relocated, modified, suspended, or cancelled at the sole discretion of NPCPF. No refunds, compensation, damages, or claims shall arise against NPCPF due to adverse weather conditions, reduced customer turnout, weather-related disruptions, or any losses resulting therefrom.
5. Indemnity
5.1 The Vendor hereby indemnifies, defends, and holds harmless the Norkem Park Community Policing Forum ("NPCPF"), its committee members, officers, volunteers, employees, representatives, sponsors, affiliates, venue owners, and authorised agents from and against any claims, demands, actions, losses, damages, costs, expenses, liabilities, legal fees, injuries, deaths, or proceedings arising directly or indirectly from:
- a) The Vendor's participation in the Event;
- b) The Vendor's products, services, equipment, vehicles, structures, or activities;
- c) Any act, omission, negligence, or misconduct of the Vendor, its employees, contractors, agents, or representatives;
- d) Any injury, illness, death, loss, theft, or damage suffered by any person or property in connection with the Vendor's participation in the Event;
- e) Any breach of these Terms & Conditions;
- f) Any claims arising from products sold, food served, services rendered, or activities conducted by the Vendor.
5.2 This indemnity shall remain in full force and effect before, during, and after the Event and shall survive the Vendor's participation in the Event.
6. Insurance
6.1 Vendors are encouraged to maintain appropriate public liability, product liability, and business insurance where applicable.
6.2 Any insurance maintained by NPCPF does not extend to cover the Vendor's property, stock, equipment, employees, vehicles, business activities, or liabilities.
7. Photography and Marketing
7.1 The Vendor grants NPCPF permission to photograph, film, and record the Event and to use such material for promotional, marketing, social media, website, media, and future event purposes without compensation.
8. Compliance
8.1 The Vendor agrees to comply with all reasonable instructions issued by NPCPF, venue management, security personnel, emergency services, and authorised representatives.
8.2 NPCPF reserves the right to remove any Vendor whose conduct, products, or activities are deemed unsafe, offensive, unlawful, disruptive, or detrimental to the Event.
9. POPIA / Data Protection
9.1 The Vendor consents to the collection, storage, and processing of personal information provided during the application process for the purpose of administering the Event.
9.2 Personal information will be processed in accordance with the Protection of Personal Information Act, 2013 ("POPIA") and any applicable South African legislation.
10. Acceptance
By selecting the acceptance checkbox and submitting the application, the Vendor confirms that:
- They have read and understood these Terms & Conditions;
- They voluntarily agree to be bound by them;
- They have the authority to enter into this agreement on behalf of themselves and/or their business;
- They accept full responsibility for their participation in the Event;
- They indemnify NPCPF as set out above.