Stallholders Terms & Conditions

• 1.1 “Ai Festival” means the Ai Festival Pty Ltd, the organizer of Night Market. Asia
• 1.2 “NMA” means Night Market. Asia to be held on Friday 6th, Saturday 7th March 2026
• 1.3 “Organiser” means Ai Festival Pty Ltd
• 1.4 “Stallholders” means a person or legal entity permitted to rent stall/stalls in NMA.

The Stallholders acknowledges and agreed that the Organiser has made no warranty or representation in relation to or in connection with:

• 2.1 the Stallholder's access to people visiting the NMA or the access those people have to the Stallholders.
• 2.2 the existence or extent of services and/or facilities of any kind at the NMA.
• 2.3 the position within the NMA that the Stallholders will occupy.
• 2.4 the suitability of the NMA for any particular purpose or the existence of any latent or patent defect at the NMA.
• 2.5 the existence or extent of any advertising or promotional activity or material that may or may not be published or undertaken by the Organiser.
• 2.6 the existence or extent of any security measures undertaken to protect the Stallholders and/or the NMA against criminal activity; or
• 2.7 the existence or extent of any security at the NMA.

The Organiser reserves the right to:

• 3.1 relocate the Stallholders to another stall within the NMA;
• 3.2 require the Stallholders to remove from sale any goods or services offered by the Stallholders which the Organiser reasonably deems to be offensive or inappropriate; or
• 3.3 request that the Stallholders immediately undertake any reasonable measure which in the reasonable opinion of the Organiser will improve the safety of the Stall.
• 3.4 request to remove any Stallholders marketing and promotion collaterals that offence others, involve sensitive subject, involve propaganda.

The Organiser reserves the right to remove a Stallholders from the NMA who is in breach or does not comply with the Regulations, including but not limited to where a Stallholders:

• 4.1 fails to pay their Stall Fees and Security Deposit.
• 4.2 fails to abide by the NMA trading hours.
• 4.3 commits a criminal act at the NMA or
• 4.4 behaves in a manner that breaches the NMA Code of Conduct or otherwise behaves in a manner that the Organiser considers is inappropriate or offensive; or may bring the NMA into disrepute.

• 5.1 The Organiser will use its best endeavours to ensure the supply of the services mentioned in this agreement but will not be liable for any losses, damages or expenses arising out of total or partial failure of such services caused by a cause beyond our reasonable control.
• 5.2 In the event of a total or partial failure of any services the Stallholders will not be entitled to a refund of any moneys paid nor be relieved of the obligation to pay any amount still due under this agreement. The Organiser will not be liable in any way for any expenditure or liability or losses including consequential loss incurred or sustained by you.

Without limiting the generality of any other provision of this document, the Stallholders hereby indemnifies and holds the Organiser harmless from and against all Claims for Loss arising in connection with or in relation to:

• 6.1 the Stallholder's participation in the NMA;
• 6.2 any injury or harm suffered by the Stallholders or its employees or agents;
• 6.3 any injury or harm caused to any property or suffered by any person as a direct or indirect consequence, in whole or in part, of any act or omission by the Stallholders;
• 6.4 any loss of or damage to the Stallholder's property regardless of the cause of that loss or damage;
• 6.5 the death of any person of a consequence, in whole or in part, of any act or omission by the Stallholders;
• 6.6 any breach of these Regulations and/or Government Regulations by the Stallholders; or
• 6.7 any legal costs on a full indemnity basis incurred by the Organiser as a result of the Stallholder's breach of this agreement.

Stallholders must provide a Certificate of Currency from an insurer acceptable to NMA for public liability Insurance cover for $10 million or above for any one single claim, together with appropriate insurance cover for the Stallholders proposed activity.

• 8.1 The Stallholders Fees and Security Deposit must be paid prior signing the Stallholders Agreement.
• 8.2 Organizer will not assign, booked any stall or stall space to the Stallholders if Stallholders Fees and/or Security Deposit is not fully paid.
• 8.3 Organizer will not guaranteed allocation of the stall or stall space if Stallholders Fees and Security Deposit are outstanding.
• 8.4 Stall and/or space allocation in NMA is based on first come first serve basis.

• 9.1 No refund will be allowed if Stallholders cancelled or withdraw it participation in NMA after Stallholders Agreement signed by both parties.
• 9.2 If Stallholders no show in the NMA on the event days, all payments made by Stallholders will be automatic fully forfeited.

• 10.1 NMA is not held due to natural disaster, this agreement will be deem cancelled and 50% of payments made by the Stallholders will be refund within 14-days from the date of cancellation.
• 10.2 The organizer is reserve the right to postpone the NMA to new date if it due to poor weather or the event venue condition is unsafe on the advised of the City of Adelaide. This Stallholders Agreement is still valid until the event ended. No refund will be granted to the Stallholders.
• 10.3 Any cancellation by the Organizer, The Organizer will not be liable for consequential loss, any expenditure incurred or sustained by Stallholders as a result of the cancellation. All payment made by Stallholders will be fully refund.

• 11.1 As this is an outdoor event, the NMA will proceed weather permitting.
• 11.2 Stallholders may pack up their stall due to adverse weather conditions at their own discretion.
• 11.3 No refunds/credits are given due to adverse weather conditions by the Organiser.
• 11.4 The Organiser will not be held responsible for any loss, damage or injury whatsoever resulting from adverse weather conditions.

The Stallholders agreed that at any time while the Stallholders is at the NMA, the Stallholders will:

• 12.1 comply with any direction given by the Organiser in relation to the operation and occupation of their stall, equipment, goods and vehicle during set up and pack up out activities and any direction of a security or safety nature.
• 12.2 ensure that their activities do not endanger the safety or security of any people at the NMA.
• 12.3 not operate or use any amplified sound equipment of any nature without the written permission of the Organiser.
• 12.4 keep the NMA and its immediate surrounds clean, tidy, presentable and free from waste and rubbish.
• 12.5 ensure that nothing is done at the NMA which is illegal, obscene, offensive, dangerous or otherwise creates a nuisance or causes damage, disturbance, annoyance, injury or obstruction to any owner, occupier or user of any nearby land or premises.
• 12.6 not bring or permit to be brought onto the stall anything or any activity which may be or become offensive or dangerous or give rise to undue noise or smell; or
• 12.7 not cause annoyance or offence or may constitute a danger to members of the public, traders or other Stallholders.
• 12.8 not sublet any portion of stall without written approval from NMA.
• 12.9 not conduct or operate any gambling, game/s of chance.
• 12.10 agree that you are an independent contractor and that nothing in this agreement creates between us a partnership or a relationship of employer and employee.
• 12.11 Food safety must meet the Local council requirement. Food safety permit must obtain from local council and submit to the organizer. Otherwise, organizer has the right to terminate the contract and no refund on the payment made by stallholders.
• 12.12 ensure all equipment brought by the Stallholders to the NMA are safe for use.
• 12.13 ensure the safety of their employees, staff, agents or representatives who may occupy the Stallholder's stall and bear in full the cost of all repairs or replacement of any items belonging to the Organiser that is damaged by the Stallholders.
• 12.14 ensure no rubbish is left at the stall site and that any rubbish is disposed of by end of business hours on each day.
• 12.15 ensure there is no damage to any areas of the Stallholders site.
• 12.16 not obstruct or interfere with aisles, passageways, entrances, exits or emergency equipment at the NMA.
• 12.17 comply with all directions of our authorised staff, traffic marshals, security, police or emergency services.
• 12.18 maintain good hand hygiene when preparing foods.

• 13.1 The Stallholders must indemnify and keep indemnified NMA and Ai Festival and its officers, employees, contractors, volunteers, members and agents from and against all actions, claims, demands, losses, damages, costs, expenses and liabilities including without limitation, consequential loss and loss of profits for which NMA and Ai Festival are, or may become, liable in respect of or arising from;
• 13.2 loss, damage or injury to any person in connection with the stall or the relevant event;
• 13.3 loss, damage or injury to any other stall or Stallholders, his or her family, invitees, agents, or to our property, or our members, or to the general public, caused or contributed to or by any act or omission of an act or display by you, your family, invitees or agents; and
• 13.4 loss, damage or injury to the stall, or you, your family, invitees, or agents caused or contributed by an act or omission of an act or display of yours or by the transportation or housing of a display of yours.
• 13.5 Any lost, damage of Stallholders properties, appliances, furniture and fixtures.

The Organiser permits the Stallholders to attend the NMA in reliance on the following warranties and representations hereby made by the Stallholders:

• 14.1 the Stallholders is responsible for obtaining all relevant permits required to operate the Stallholder's business and that all merchandise sold complies with all relevant safety and compliance standards and retails laws currently in force;
• 14.2 the Stallholders does not bring into the NMA any hazardous materials of substances;
• 14.3 and the Stallholders will comply with all of the terms contained in these Regulations and/or Government Regulations and will comply with any changes to the NMA Regulations, or any relevant local government and other statutory laws and Regulations.

Without limiting the generality of these terms, the Stallholders acknowledges and agreed the Organiser is not liable for any Claim or Loss suffered or incurred by the Stallholders in relation to or in connection with:

• 15.1 any journey from or to the NMA; or
• 15.2 damage or injury to any property or person.

• 16.1 Stallholder breached or/and not comply any of the terms and conditions stated in the Stallholders Agreement.
• 16.2 Stallholder did not pack and dispose its own rubbish at the end of event each day.
• 16.3 Refused to remedies any wrong do within an hour after instructed by The Organizer.
• 16.4 Stallholder did not complete the 2 days event operation hours.

All Stallholders are required to uphold the Code of Conduct when participating at the NMA.