CONCESSIONAIRE AGREEMENT This Concessionaire Agreement is made this day of September 2018 Between MAIN EVENT CATERING (PTY) Ltd ("MEC") and ( CONCESSIONAIRE ) ID NUMBER Annexure included and attached to this Agreement: Annexure A Prescribed prices for products Terms and Conditions. Main Event Catering (PTY) Ltd hereby appoints the Concessionaire, and the Concessionaire accepts the obligations which form part of the MEC Concessionaire Program. The Concessionaire is duly appointed on a non-exclusive basis only to sell MEC pre-approved food and beverage menu items at the Waterkloof Airforce Base at the prescribed resale prices of African Aerospace and Defence Show on the 19-23 September 2018. 1. MEC herby grants the Concessionaire the rights to sell pre-approved line item foods and only ABI branded products at the prescribed resale prices inclusive of vat. The Concessionaire shall pay the rental due to MEC for the rental of the concession during the event referred to in paragraph 1 above on signature hereof. Should the Concessionaire fail to pay the rental on signature hereof, this agreement shall automatically lapse. The Concessionaire shall at all times comply with any legislation, by-laws, the Municipality directives, Waterkloof Airforce Base, AAD Expo Rules and MEC Standard Operational Rules and Regulations and instructions issued by MEC from time to time. 2. Concessionaires must produce a valid trading license; and o Is in possession of valid Tshwane Health Certificate and Health registration papers and such documents will be required on hand; and o o Environmental training certificate in fire and general safety; Is in possession of all up to date certificates and accredited documents to trade as a Tshwane vendor direct to the Public; The Concessionaire shall at all times and for the duration of this agreement, maintain public liability insurance of no less than R1 000 000, to cover for claims of death and/or injury to any third party or loss of and/or damage to property suffered by any third party that may arise as a result of the Concessionaire s act, omission, fault, negligence and/or wilful misconduct; The Concessionaire shall, during the currency of this agreement, maintain adequate health, accident, injury and disease insurance coverage for its staff and employees as required by any legislation in force; The Concessionaire shall deliver to MEC copies of such policies by no later than 48 hours before the date of the event set out in paragraph 1 above.
3. The Concessionaire shall only be allowed in the designated area indicated on his accreditation on the event day, stipulated in paragraph 1 above, at the specific venue. 4. The Concessionaire shall operate the concession at its sole risk and MEC, AAD, Waterkloof Airforce Base, its affiliates, employees, directors or agents shall not be liable to the Concessionaire or any third party, in whatsoever manner for any loss of business, profit, sales expenses or for any special, occasional or indirect or direct damages suffered by Concessionaire or any third party. 5. The Concessionaire hereby indemnifies and holds MEC harmless against any penalty interest, duty, taxes, losses, expenses, costs or damages of whatsoever nature incurred as a result of any claim made against MEC by any third party, arising from a breach of this agreement by the Concessionaire and/or negligent, wilful or other conduct of the Concessionaire. 6. The Concessionaire shall be directly and solely liable for the full payment and discharge of any sort of obligation with respect to MEC & third parties (for instance, suppliers, services providers or tax authorities etc.). 7. The Concessionaire will at all times comply with the fundamental principles and rights of employees pursuant to any Employment and/or Labour Legislation of the Republic of South Africa 8. The agreement does not constitute either party the agent of the other, or create a partnership, joint venture or similar relationship between the parties, and neither party has the power to obligate or bind the other party in any manner whatsoever. 9. The Concessionaire shall not seek to have or implied to have or create any impression that it operates in association with MEC,AAD, its subsidiaries, and any other team or organisation utilising the Waterkloof Airforce base. 10. The Concessionaire shall not be entitled to use any of the marks and/or trademarks of MEC, AAD without obtaining MEC s and AAD specific written consent. 11. The Concessionaire shall only source its food from suppliers nominated by MEC, or where no supplier is nominated, from reputable suppliers. 12. The Concessionaire may not use any open fire in the preparation of any food at any designated Concessionaire area. For the purposes hereof, open fire means a wood or charcoal fire. 13. The Concessionaire shall ensure that in its preparation and serving of any foods, it adheres to the minimum hygienic conditions as may be prescribed by the Occupational Health and Safety Act, the regulations and any directions and guidelines imposed by the Department of Health. 14. The Concessionaire shall ensure that when gas operated equipment is utilised, it is done so properly and in accordance with the manufacturers specifications. The Concessionaire shall take reasonable steps to ensure that gas containers are safely stored to prevent gas leaks, fire and/or explosions. 15. The Concessionaire shall ensure that cooking oils used in the preparation of its food are handled and disposed of safely. Cleaning Charges will be levied for any oil spillage and stains 16. The Concessionaire shall ensure that in the operation of any cooking equipment, it adheres to the Occupational Health and Safety Act, its regulations and any other requirements that may be required by MEC or AAD and Waterkloof Airforce Base from time to time. 17. The Concessionaire shall at all times comply with such of AAD or MEC s sponsorship agreements as advised to the Concessionaire from time to time. 18. The Concessionaire may only sell those food stuffs and ABI branded products as are permitted by MEC, in writing, from time to time. 19. The Concessionaire may not sell any alcoholic beverages during the event stipulated in paragraph 1 above. 20. The Concessionaire may not paint, affix or attach to the designated Concessionaire area any advertising sign, notice or other material, without the prior written consent of MEC or AAD. 21. The Concessionaire shall supply and set up its own stove and other cooking equipment, utensils, pots, pans and the like necessary in the preparation and sale of food.
22. On completion of the event set out in paragraph 1 above, the Concessionaire shall leave the designated Concessionaire area in a clean and tidy condition. Additional Charges are applicable in not done. 23. The Concessionaire shall supply its own refrigerators to store its food and refrigerate its beverages. 24. The Concessionaire shall observe and comply with all applicable Laws, Legislation, ordinance, rules, regulations and service standards relating in any manner to the performance by the Concessionaire of its obligations in terms hereof. 25. The Concessionaire shall at all times maintain a health and safe working environment for all personnel working at designated Concessionaire area and for all members of the public who may purchase food stuffs and/or beverages from the concession. 26. The Concessionaire will at all times comply with such of MEC and AAD and Waterkloof Airforce Base rules which may be of application from time to time, and in addition, conform to all public health, fire and safety rules in place by the relevant authorities and/or MEC and/or AAD. 27. MEC may cancel this agreement summarily, should the Concessionaire fail to remedy any of the breaches set out herein, within 1 (one) hour of delivery of a notice calling upon the Concessionaire to remedy same: 29.1 if the Concessionaire, his employees, servants, agents or any other of his personnel commits any act in breach of the Law and or any Legislation then in force; 29.2 if the contractor concessionaire, his/her employees, servants, agents or any other of his/her personnel commits any act in breach of this agreement; 29.3 the termination of this agreement will be without prejudice to, and shall not constitute a release or waiver of, any claims or other rights, which either party may have against the other; 29.4 Should the Concessionaire do anything which MEC deems to be hazardous or potentially hazardous to the general public, whether in connection with their food preparations or otherwise, 28. All amounts payable by the Concessionaire to MEC, must be paid 96 hours before the start of the event. 29. All sales at the agreed event and venue, must cease within 1(one) hours from the time the event finished and no longer, without the prior written consent of MEC. 30. The Concessionaire hereby indemnifies and holds MEC its affiliates, employees, directors or agents harmless from and against any and all liabilities arising from or in relation to: 32.1 the operation of the Concessions and the sale and supply of pre-approved food and beverage products through the MEC by or on behalf of Concessionaire; 32.2 any breach of or other non-compliance with this Agreement; 32.3 Any and all tax liabilities which may arise from any revenues derived from the sales of the Concessionaire are to be incurred solely by the Concessionaire. 31. This agreement may not be ceded or assigned by the Concessionaire. 32. The Concessionaire may only sell pre-arranged and pre-approved beverages purchased through MEC. Any other products sold by the Concessionaire shall be confiscated. 33. The Concessionaire must ensure that his public point of sale area, be it in an allocated Kiosk or demarcated Marquee/Area must always be clean and hygienic at all-time throughout the entire operational time on site at any event on any specified dated. 34. MEC may at any time inspect the Concessionaire s Kiosk / allocated point of public sale area. 35. All food must be heated on site or inside the allocated kiosk or designated public catering area at all times. No cooking will be allowed outside the kiosk or designated areas without prior arrangement from MEC. 36. All dry waste must be placed in clear bags and must be taken to the big bins (Skip Area) during and after the event.
37. It is at no stage allowed to decant oil or fat down the drain, basins or in public areas this will ensure there is no environmental impact. 38. The Concessionaire must have a current dated fire extinguisher. These must be serviced regularly at required intervals and be in a 100 per cent working condition on dated event. The Concessionaire will only be allowed a maximum of 1 X 9kg gas cylinder at any given time. All gas equipment must be in proper working condition and all fittings, gas regulators and piping need to confirm to all safety standards. 39. No liquor, drugs will be allowed at the premises. 40. No one will be permitted entrance at the Waterkloof Airforce Base without correct accreditation through MEC as well as that of the AAD Organizers. PLEASE NOTE. Do not swap any staff accreditation with staff. Those responsible as well as the Store manager will arrested by Military and SAPS police. Please note this is an active military base and all have to comply with such 41. Neither party shall be liable for any loss suffered by the other or be deemed to be in default for any delays or failures in performance if the delay or failure was due to any acts or causes beyond its reasonable control, or, without prejudice to the generality of the foregoing, from any Acts of God, acts or regulations or any governmental or local authority, war or national emergency, accident, fire, flood, tempest, riots, strikes, lock-outs, third party delay, labour troubles or failure or fluctuation of electric power. 47. No addition to or variation, deletion, or agreed cancellation of all or any clauses or provisions of this Agreement will be of any force or effect unless in writing and signed by the Parties. In clarification hereof, email correspondence between the parties purporting to alter, delete or add to this agreement shall not be binding on the parties and shall not constitute in writing nor signature hereof by either party, regardless of whether or not any email includes an electronic signature. 48. The law of South Africa and the jurisdiction of the South African courts shall govern this Agreement. 49. The relationship between MEC and the Concessionaire arising from this agreement is that of landlord and tenant, and the Concessionaire shall at all times operate as an independent contractor. 50. Period / Term of the agreement: From: 13 September 2018 Till : 20 September 2018 Area Area
I Agree to the above terms and conditions (Name and surname) I understand that if I do not abide by the above terms, and conditions set out by MEC, MEC has the right to evict me from the premises,the contract becomes nil and void and I will forfeit any monies paid to MEC and any other rights granted in terms of this agreement. Signed at JOHANNESBURG on This day of September 2018 (Signature) - Concessionaire Signed at JOHANNESBURG on This day of September 2018 (Signature) - Witness