Event at the Centre - CONDUCT REQUIREMENTS

CONDUCT REQUIREMENTS

(CENTRE RULES – WL AND WSC)

The following rules apply to the use of the Event at the Centre. All requirements that apply to Staff must be notified to Staff by the Supplier in advance of the Agreement Start Date.

CENTRE OPENING Times

During the Centre Opening Hours the Supplier shall keep the Event open and shall use the Event for the Permitted Use throughout all those parts of the Event where Promotional Activity is usually carried out or which are intended for Promotional Activity.

The Supplier shall ensure that the Event is set up so as to be ready for the Permitted Use from one hour prior to the Centre Opening Hours. The Supplier shall comply with any access restrictions relating to set up and dismantle as are notified by the Centre Contact.

Movement of Goods and Materials

The Supplier will only bring its delivery and collection vehicles to designated service areas at designated service times as notified by the Centre Contact from time to time.

Any goods and materials being brought into the Centre from the designated service areas and/or being removed from the Centre by the Supplier will: (i) be transported via designated service routes and goods lifts as notified by the Centre Contact from time to time; and (ii) be carried or transported by wheeled cart and/or sack truck and not dragged. Any such cart or sack truck must have pneumatic tyres and must be operated in accordance with any regulations notified by the Centre Contact from time to time.

When delivering or collecting any goods and materials the Supplier shall ensure that: (i) it does not cause any undue obstruction of service areas and their access routes; (ii) all motor vehicles are removed promptly from the service area; and (iii) all motor vehicles are only parked in designated and permitted parking areas in the service area. The Centre Owner and/or Westfield may tow-away or otherwise remove any vehicle left in breach of these conditions.

The Supplier is responsible for the security of the Event and any goods or materials stored there both during and outside the Centre Opening Hours.

Set Up and Appearance of THE EVENT

All goods and materials used at the Event must: (i) be of good quality and attractively displayed so as to ensure that the appearance of the Event is in keeping with a high quality shopping centre; and (ii) comply with all Applicable Laws.

Use of electrical items will only be permitted with the consent of the Centre Contact and all electrical appliances must comply with applicable health and safety legislation. The Supplier shall carry out the required PAT testing and provide an up to date PAT certificate to Centre Contact on request.

Electrical supply at the Centre will only be provided at the Centre Owner’s and/or Westfield’s discretion. All electrical cables will be positioned so as to avoid causing a tripping hazard and unsightly appearance. If required, the Supplier will cover cables with suitable cable covers.

Where the Supplier is utilising its own display equipment at the Event it shall, prior to the Agreement Start Date, submit a scale drawing of the set up (including all aisles and widths) to the Centre Contact. All such displays are subject to approval from the Centre Contact. Once a display is approved and positioned it may not be altered, rearranged or moved by the Supplier unless otherwise required by the Centre Owner and/or Westfield.

No signs, banners, placards or advertising displays will be placed on or attached to the Event without the prior approval of the Centre Contact. Approval will not be unreasonably withheld if the material is of an appropriate size which is neat and tidy in appearance, professionally produced and inoffensive in content (handwritten notices and posters will not be permitted). No displays or materials on the Event shall be obscene or offensive nature in which respect the Centre Owner's or Westfield’s decision shall be final and binding. Helium balloons must not be attached to the Event or distributed to Centre visitors. Transfers and stickers must not be attached to the Event.

The Event must not overtly restrict sightlines or in any way impede movement through the Centre. Where the Centre Owner and/or Westfield requires the Event to be modified to allow areas of clear visibility the Supplier shall promptly comply.

Any boxes, packing materials and spare goods must be kept out of sight and must not be placed on the floor around the Event. Refuse and waste must be stored discretely at the Event (and in accordance with the Centre Owner and/or Westfield’s directions). The Supplier must either remove the bins provided to it daily or leave the bins at the Event for collection as the Centre Contact directs from time to time.

Refuse and waste from the Permitted Use must not be placed in the other litter bins intended for the use of Centre visitors.

The Supplier must ensure that the Event appears clean and tidy at all times and any damage is reported immediately to the Centre Contact. The Supplier will clean the Event as often as required but in any event not less than once a week.

Any competitions, offers or giveaways (and their related terms and conditions) must be submitted to the Centre Contact for approval prior to the Agreement Start Date and at any time during the Agreement Period.

The Supplier shall not distribute flyers or any printed material at the Centre or any entrance way, parking areas, roadway or public thoroughfare around the Centre or on any vehicle parked within the car park or service roads serving the Centre.

Any re-stocking of the Event must be undertaken at least one hour prior to or after the Centre Opening Hours.

Use of the EVENT

The Supplier shall use the Event for the Permitted Use only. No form of retail or trade is permitted at the Event.

The Supplier shall not: (i) attempt to solicit trade by calling to Centre visitors and/or "hawking" or (ii) make any unsolicited direct approach to any Centre visitor.

The Supplier shall: (i) only greet Centre visitors within a one metre radius of the Event; (ii) greet Centre visitors in a polite manner; and (iii) not act in any way which is intimidating, threatening, lewd or in any way discriminatory on grounds of gender, sexual preference, race, colour, nationality, religion, disability or age.

The Supplier shall not: (i) play music or operate flashing lights or other electronic or mechanical devices which create noise and/or are designed to attract attention; (ii) have a television and/or games consul nor play any computer games at the Event; or (iii) use the Event as a cinema or for the exhibition of motion pictures or for showing sporting events.

The Supplier will not cause any obstruction, nuisance or annoyance within the Centre.

The Supplier shall not attach advertising or marketing material to any structures within the Centre or place any such material in the Centre save for advertising material which is contained entirely within the Event.

At all times the Supplier shall behave in a reasonable and considerate manner and have due regard to the Centre visitors and other Suppliers. The Supplier shall immediately comply with any request made by the Centre Contact in relation to the Supplier's behaviour.

No maintenance of any kind to the Event is permitted during Centre Opening Hours except for emergency works that are agreed with the Centre Owner and/or Westfield prior to commencement.

(Without prejudice to paragraph 4.1) the Supplier shall not use the Event for the distribution and/or sale of popcorn or for the sale of “Confectionery” (which means food items that are rich (or perceived to be rich) in sugar including sweets, lollipops, candy bars, chocolate and other sweet items of snack food (but excluding cakes, muffins, pastries, biscuits and/or puddings and/or desserts)) or for the distribution and/or sale of “Pick ‘n’ Mix” (which means Confectionery to be selected from multiple containers).

The Centre Owner and/or Westfield has the right to request a reduction in noise levels emanating from the Event and to request adjustments to the appearance and presentation of the Event at any time. The Supplier shall not generate noise of any type whether arising within the Event or in any activity carried out from any other part of the Centre which exceeds noise levels/values (specified by the Centre Owner and/or Westfield in its absolute discretion).

The Supplier covenants with the Centre Owner and Westfield not to: (i) install or permit any aerials, telecommunications apparatus, satellite dishes, booster boxes or other transmitting microsites used for mobile or landline telephones or other media on or in the Centre (other than for landline telephones used in connection with the lawful business of the Supplier carried out at the Centre in accordance with the Permitted Use); or (ii) provide internet access (whether wireless or otherwise) at or from the Centre except: (a) as permitted in paragraph 4.12; or (b) as approved by the Centre Owner (such approval not to be unreasonably withheld) but approval shall not be deemed to have been unreasonably withheld on the ground that the Supplier has not, in support of its application for approval, provided evidence satisfactory to the Centre Owner that such internet access will at all times be properly filtered so as to prevent users from being able to visit web sites or pages which are illegal or which, in the Centre Owner 's reasonable opinion, contain material which is offensive, immoral or dangerous (for example, any sites or pages which contain pornographic material or material which promotes bigotry or incites hatred or violence against any person or group) ("Prohibited Sites"); or (iii) operate at or from the Centre any wireless network, base station, gateway or analogous wireless device other than a network or device by encryption; and, if having received Westfield 's approval as stated in paragraph 4.11(ii)(b), the Supplier does provide internet access at or from the Centre, the Supplier shall procure that such access is at all times properly filtered so as to prevent users from being able to visit Prohibited Sites.

Notwithstanding the provisions of paragraph 4.11, the Supplier may install within the Centre, and then use for the benefit of its Staff or its customers only, a secure WiFi network providing access to the internet in connection with the Permitted Use provided that: (i) the Supplier shall procure that such access is at all times properly filtered so as to prevent users from being able to visit Prohibited Sites; and (ii) such network shall not cause any interference with systems operated by the Centre Owner or by any other occupier of the Centre and, should any interference be caused, the Centre Owner and the Supplier (each acting reasonably) shall consult with each other with a view to seeking to agree such modifications to the Supplier’s network as the Centre Owner may reasonably require to minimise or stop such interference (and, pending the resolution of such consultation, the Supplier shall immediately cease to use such network to the extent that it is causing interference).

Supplier's Staff

The Supplier shall ensure that the Staff are capable and competent and that if the Supplier is not personally present an appropriate member of Staff will be in attendance at all times.

The Supplier and the Staff shall dress smartly so as to create a professional impression and one which is appropriate to a high quality shopping centre. The Supplier and the Staff shall wear clothes that are appropriate for a high-end shopping centre (excluding, for the avoidance of doubt, football shirts). In this regard the decision of the Centre Owner as to whether any such clothing is acceptable shall be final.

The Supplier and the Staff shall be polite respectful and considerate to the public, other Suppliers, Centre Owner and Westfield's staff at all times.

The Supplier and the Staff shall not read (except in connection with the Supplier's business) nor consume food or drink while they are in attendance at the Event.

The Supplier and the Staff shall not smoke at the Centre.

If any of the Staff are left at the Event unsupervised and/or are to have management responsibilities in relation to the Permitted Use the Supplier shall provide their address and telephone number to the Centre Contact for emergency contact purposes