Leasing Terms and Conditions
You, leasers “Vendors” are expected to comply with the following terms and conditions at all times, which are subject to change from time to time, with notification posted via email and website.
By booking and paying for a Mall space with Miss Mafia Empire at one of their locations you are accepting and are bound by these terms.
Vendors are deemed as but not limited to as the operator of the temporary mall business and any staff, agents, volunteers or minors in their employ or care.
Lessors are deemed but not limited to as is any nominated representative of Miss Mafia Empire or the Business Entity as appointed by Miss Mafia Empire.
Miss Mafia Empire Australia Contact Details: For all general inquiries or escalated issues, please contact Kirsty Whitaker, email email@example.com or phone 0408906637.
For on-site issues during term of your lease please refer to the contact details of the site operator that is issues to you on your first day.
SITE FEES – Mall Site fees are set out by each mall event and can vary from time to time. Time of the year will also alter these fees. Fees can be subject to change at the request of the mall event organiser and 4 weeks notice will be issued to all affected should this occur.
FITOUT – All Mall spaces will include a 1.8 meter table for use of the Vendor to trade off. If the Vendor has their own fittings they will be required to submit images of their previous set up or fittings which will be subjected to the mall’s approval. From time to time Miss Mafia Empire will have additional fittings to assist you.
PUBLIC LIABILITY INSURANCE – All Vendors attending a pop-up space leased by Miss Mafia Empire are required to hold a current certificate of currency for Public Liability Insurance for a minimum of $20m. Applications will not be approved until we have received a copy of the relevant certificate.
PRODUCT LIABILITY INSURANCE – All Vendors attending a pop-up space leased by Miss Mafia Empire are required to hold a current certificate of currency for Product Liability Insurance for a minimum of $20m. Applications will not be approved until we have received a copy of the relevant certificate.
ABSENCE/CANCELLATION – Vendor absences must be notified in writing to Miss Mafia Empire – firstname.lastname@example.org – no later than 7 days before your lease is due to commence. Failure to advise of none attendance may result in the cancellation of your lease agreement.
No refunds are provided for no shows or cancellations. Should you need to change the dates of your lease Miss Mafia Empire requires two (2) weeks notice prior to your lease commencing. Rescheduling of dates will be considered however only accepted if an availability exists on the new dates requested.
No refunds or cancellations are permitted for Market Events. Wet weather events are subject to refunds and up to Urbane Food Group at their discretion to refund stall fees. Miss Mafia Empire is only a booking agent and does not participate in the business activities of the events on the day.
MARKETING / ADVERTISING – While Miss Mafia Empire does marketing for the event as a whole it is the Vendor’s responsibility to specifically advertise, market and promote their product for where they will be located.
SALES – We do not guarantee sales will be made on the day you attend. It is the Vendors responsibility to sell their item and to approach and greet customers warmly. It is the responsibility of the vendor to have all items clearly priced and presented for sale. No second hand items will be accepted and will be removed if they are on site.
TERMINATION – Miss Mafia Empire reserves the right to cancel any Vendor agreement with 1 weeks notice, and at their sole discretion. If an agreement is terminated, Miss Mafia Empire will refund all outstanding payments for booked days not attended unless the termination is for a breach of any of the conditions contained in these terms and conditions.
By accepting these terms and conditions, you indemnity Miss Mafia Empire or any event run by Miss Mafia Empire, without limit, against any loss of income or expenses incurred due to the cancellation of your lease agreement.
PRODUCTS FOR SALE – Miss Mafia Empire and the pop-up shops they run aim to provide a wide variety of goods and services to the general public and as such, we do not offer exclusivity in any product category.
However, we are committed to ensuring our Vendors are able to maximize their profits by operating within a varied and competitive marketplace.
All confirmed Vendor bookings are strictly limited to the items as agreed on the booking form. No alterations may be made to the product mix without the prior written approval by Miss Mafia Empire. Any Vendors found to be selling goods outside of their agreed product list will be issued with a written warning and requested to remove the items from the display. Further offences will result in the termination of the site and forfeiture of any prepaid site fees. No illegal or counterfeit goods are to be offered for sale. If vendors are found to be selling illegal or counterfeit goods, the police will be advised and the Vendor will be immediately terminated from site and all prepaid monies will be forfeited. Any stallholder selling licensed/branded goods must hold the Intellectual Property rights or permission to sell such products. Evidence must be sited by the Miss Mafia Empire and written approval provided prior to any such goods being offered for sale. All drinks or items considered consumable that are sold on site must be offered in cans, glass or plastic containers only. Management reserves the right to request a stallholder to cease trading any goods or services that are deemed inappropriate. Failure to comply with this request will result in an immediate termination of the Vendors site and forfeiture of any prepaid monies. Labeling of produce and products must be in accordance with Legislative Guidelines and Regulations. Sampling of any product must comply with Council and Health Regulations. All required licenses must be in place. Any scales used for the weighing of produce or products must be accurate and certified as being appropriate for commercial use in accordance with the Weights and Measures Regulations.
CHANGE OF DETAILS – Vendors must notify immediately via email of any change in details, including contact details, insurance etc. Any change in ownership of a Vendors business must be reported to the Miss Mafia Empire prior to attendance at any pop-up event. Miss Mafia Empire will confirm if continuation of trade will be permitted on application. Failure to notify the Miss Mafia Empire may result in the immediate termination of your lease agreement.
SET UP – Vendors must be at the Mall by 7.30 am day of set up. All sites must be ready and presented for start of core trading hours of 9 am. Some shopping centers may pose a penalty fee if a Vendor is not set up by 9 am. Each center operates differently. If you are located in a center as such you will be notified on all documentation prior to your lease starting. If you are going to be late please notify Miss Mafia immediately on the contact numbers issued and they can assist with your set up and work with you.
MOVING OUT OF A SITE – Vendors are required to do the core hours stipulated for the day they book. No Vendor is permitted to pack down earlier. Early packing up and moving out may pose a fine from the Mall. Bulking items being moved in and out are only permitted for safety reasons to be moved within the times that the Mall stipulates.
PARKING – All Vednors can park in the Car Park. It is the responsibility of the Vendor to pay of car parking fees if required. Vendors are not permitted to park in loading zones or other spaces deemed for but not limited to senior car parking spaces, disabled car parking, mothers with prams car parking spaces. Vendors who do not comply with this request will be issued with a written warning. A repeat offence may result in the cancellation of your site booking and forfeiture of all pre-paid monies.
HEALTH AND SAFETY – Miss Mafia Empire is dedicated to ensuring that everyone on our site, be it stallholder, staff, minors or customers, can enjoy a safe and risk free experience. There will be a dedicated Casual Leasing Office at each location, where you can access first aid equipment. Miss Mafia Empire should be contacted in the first instance in regards to all incidents email@example.com or 0408906637. As a Vendor it is essential that you clearly understand your obligations in regards to the health and safety of those who work on site as well as those visiting as a customer. As such you must:
· Ensure all electrical equipment is currently tagged and tested (within the last year)
· Ensure that your site is well maintained and there are no trip hazards around
· Ensure that you do not run any electrical cord across the ground as these constitute a tripping hazard. If you must use an electrical cord then you must place suitable matting or tape over the cord to minimize tripping hazards and approved by the mall leasing agent prior to usage.
· Ensure that any display holders do not protrude beyond your display table and that all display stands are firmly secured
· Ensure that your activities do not endanger the safety or security of others.
In addition to the above, Approved Food Vendors must:
· Ensure that any food that is prepared or sold at the Mall complies with all the statutory provisions relating to the safe preparation, handling and sale of food
. Any incidents, accident or damage to any person or property must be IMMEDIATELY reported to Miss Mafia Empire on 0408906637 . All Vendors must respond cooperatively in regards to any instructions given by any member of the Mall Leasing Staff, Security or Center Management or Miss Mafia Empire Staff in regards to any health and safety issues. Failure to follow requests relating to the health and safety of yourself or others on site is a serious breach of these terms and conditions and will result in the stallholders immediate removal from site, termination of site agreement and forfeiture of any pre-paid monies. ACTIVITIES THAT MAY CAUSE A HEALTH AND SAFETY RISK WILL NOT BE TOLERATED UNDER ANY CIRCUMSTANCES
VENDOR OBLIGATIONS – Miss Mafia Empire operates within a culture of mutual respect and will not tolerate any behavior on site that is offensive, dangerous, obscene or an annoyance to staff, fellow vendors and customers. Any Vendor that engages in such behavior may be removed from site with immediate effect. Vendors must operate within the relevant laws, regulations, standards and codes applicable to their goods or services at all times. Vendors must ensure they comply with, and retain, any required permits or license required by Local, State or Federal authorities at all times. Vendors are not permitted to utilise amplified sound equipment at any time.
RUBBISH – All Vendors are responsible for the disposal of their own rubbish. All sites should be left free from any rubbish, materials or other foreign objects. Stallholders must dispose of their rubbish in the industrial bins located at the Mall designated areas. Please only use the litter bins located throughout the mall for disposing of food or drink waste. Any Vendors who use the mall waste bins, leave their rubbish or an unclean site will be charged an additional cleaning fee of $25. Repeat offenders may have their site agreement terminated and forfeit all pre-paid monies.
SMOKING – All Shopping Centers are SMOKE FREE, therefore all smoking must be within designated Council Guidelines.
ADVERTISING – By accepting these terms and conditions, you consent to Miss Mafia Empire using your business information and images (photographs and video) in our marketing activities. Such activities may involve sharing your business information and images on social media, using your images in print media or signage. Approved Vendors are required to promote the event on their Facebook, Instagram, website and through any internal databases. If you wish to opt-out you can do so by emailing firstname.lastname@example.org
VENDOR INDEMNITY – The Vendor agrees, without limitation and including all legal costs, to indemnify and hold harmless: 1. Miss Mafia Empire Director and Owner, Kirsty Whitaker t/a Miss Mafia Empire 2. All authorized employees and representatives of Miss Mafia Empire and the staff and associated Mall to which they are trading in, from all and any claims for loss arising in connection with or in relation to:
- The Vendor occupation of the Mall
- Any injury, harm or damage suffered by the Vendor or to the Vendor’s property regardless of the cause of loss or damage, theft and loss of cash ·
- Any damage caused to any property; or death, injury or harm suffered by any person as a direct or indirect consequence (in whole or part) of any act or omission by the Vendor, including any damage, death, injury or harm caused by a Vendor ·
- Any breach of these terms and conditions by the Vendor
BY BOOKING, PAYING FOR AND ATTENDING ANY POP UP SHOPS RUN BY MISS MAFIA EMPIRE AS A VENDOR YOU ARE BOUND TO THESE TERMS AND CONDITIONS OF BUSINESS AND WILL BE DEEMED TO HAVE ACCEPTED THEM, REGARDLESS OF WHETHER OR NOT YOU HAVE SIGNED YOUR ACCEPTANCE.
PLEASE NOTE THAT MISS MAFIA EMPIRE ACTS AS A BOOKING AGENT ON BEHALF OF URBANE FOOD GROUP FOR ALL URBANE EVENTS. MISS MAFIA EMPIRE DOES NOT ACCEPT RESPONSIBILITY AND IS INDEMNIFIED FOR ANY ONSITE ISSUES SUCH AS BUT NOT LIMITED TO RESULTING IN INJURY TO VENDORS, THEIR STAFF, FAMILY OR CUSTOMERS, LOSS OR DAMAGE TO BUSINESS AND BUSINESS CONTINUATION, THEFT OF ITEMS OR CASH.