- To Exhibit
- Terms and Conditions
RESOURCES FOR COURSES PTY LTD – EXHIBITOR TERMS AND CONDITIONS
These terms and conditions constitute a legal agreement between RESOURCES FOR COURSES P/L ABN 58 058 570 700 ("Organiser") and the person or organisation agreeing to exhibit ("Exhibitor") at the Expo. By making a booking to exhibit at the Expo, the Exhibitor agrees to the following terms and conditions.
1. In these terms:
“Booking” means a booking to exhibit at the Expo.
“Custom Stand” means a stand customised to the specifications requested by the Exhibitor.
“Custom Stand Request Date” means Monday 1 February 2021.
“Custom Stand Builder” means a contractor engaged directly by the Exhibitor to erect a Custom Stand (which may be the same as the contracted stand builder engaged by the Organiser).
“Exhibitor” includes the Exhibitor’s employees, agents and contractors.
“Expo” means Western Sydney Careers Expo 2021
“Fee” means the fee payable by the Exhibitor to the Organiser to exhibit at the Expo.
"Final Booking Date” means Thursday 3 June 2021 (3 weeks before the 1st day of the Expo).
“Final Cancellation Date” means Thursday 1 April 2021 (12 weeks before 1st day of the Expo).
“Force Majeure Event” means anything affecting a party outside of that party’s reasonable control, including but not limited to fire, storm or other extreme weather event, flood, earthquake, epidemic, war, invasion, terrorism, civil commotion, blockade or embargo, labour dispute, labour shortage, failure or delay in transportation or supply, or any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority.
“Organiser” includes the Organiser’s employees, agents and contractors.
PARTICIPATION AND BOOKINGS
2. Participation in the Expo by the Exhibitor is subject to:
a. the acceptance of the Exhibitor by the Organiser at its complete discretion; and
b. the Exhibitor completing the booking and registration process.
Acceptance will be expressly confirmed in writing by the Organiser upon receipt of the fully completed booking form.
3. Bookings will close on the Final Booking Date unless sold out prior.
4. An Exhibitor’s Booking cannot be transferred, shared with or on-sold to another organisation.
5. As part of our COVID-safe plan all Exhibitors are required to book access to the Organiser’s lead management portal, EventsAIR. A separate booking form is required.
STAFFING OF STAND
6. The Exhibitor agrees to staff and continuously keep the Exhibitor’s stand open throughout the course of the Expo.
PAYMENT OF FEES
7. On confirmation of the Booking, the Organiser will issue an invoice to the Exhibitor for the Fee. If the Exhibitor fails to make full payment of the Fee by the due date on the invoice, the Organiser reserves the right to make the stand space available to other exhibitors. The Exhibitor must not occupy stand space at the Expo until all Fees owing to the Organiser have been fully paid.
8. Following acceptance of the Booking and receipt of the Fee, the Organiser will issue the Exhibitor an allocated area to set up its stand at the Expo. The location of the stand will be at the Organiser's sole discretion, and the Exhibitor will be notified of this location 8 weeks prior to the Expo.
CANCELLATION BY EXHIBITOR
9. An Exhibitor may cancel its Booking and receive a refund of 30% of the Fee paid, subject to providing written notice of the cancellation to the Organiser by no later than the Final Cancellation Date. No refunds will be provided for cancellations made by an Exhibitor after the Final Cancellation Date.
CANCELLATION BY ORGANISER
10. Exhibitors acknowledge and agree that a large percentage of the costs of the Expo have been outlaid by the Organiser at least 120 days before the commencement of the Expo and may not be recoverable by or creditable to the Organiser in the event of cancellation of the Expo for any unforeseen reason including a Force Majeure Event.
11. In the event of the cancellation of the Expo by the Organiser for any unforeseen reason including a Force Majeure Event, the Organiser will provide:
a. 90 days (from Friday 26 March 2021) or less out from the Expo, a percentage (%) credit to the Exhibitor equal to the percentage (%) amount the Organiser is credited by the Expo venue and the Organiser’s service providers;
b. between 120 days to 91 days (Wednesday 24 February 2021 to Thursday 25 March 2021) out from the Expo, the Exhibitor may select either:
i. a percentage (%) credit to the Exhibitor equal to the percentage (%) amount the Organiser is credited by the Expo venue and the Organiser’s service providers; or
ii. a 30% refund of the amount paid by the Exhibitor;
c. between 240 and 121 days (Tuesday 27 October 2020 to Tuesday 23 February 2021) out from the Expo, a 70% refund of the amount paid by the Exhibitor;
d. prior to 241 days (earlier than Monday 26 October 2020) out from the Expo, a 100% refund of the amount paid by the Exhibitor.
12. For avoidance of doubt, any refund provided by the Organiser under this clause will be calculated as a percentage of the amount actually paid by the Exhibitor at the time of cancellation (but excludes any amount paid by the Exhibitor that is covered by a credit note issued in 2020 for 2021).
CREDIT NOTES ISSUED IN 2020 FOR 2021 DUE TO COVID-19|
13. Credit notes from our 2020 cancelled event can only be used towards meeting an Exhibitor’s payment to us for the Expo.
14. Credit notes cannot be refunded or redeemed for cash, nor can the Credit Note be transferred to an event beyond 2021.
15. Bookings made for the Expo using a Credit Note as well as payment for the outstanding balance of the Fee must be made by the date specified in the Credit Note.
16. Credit Notes are subject to all other terms and conditions set out in the Credit Note
17. Any plans or request by the Exhibitor to erect a Custom Stand in the space allocated to it must be submitted in writing to the Organiser for approval by the Custom Stand Request Date. A proposed plan of the Custom Stand must accompany this request. No Custom Stands will be considered after this date.
18. The Exhibitor must ensure that Custom Stand or altered standard stand erected by the Exhibitor or Custom Stand Builder at the venue (upon approval by the Organiser):
a. is erected/altered at the time allocated by the Organiser;
b. complies with all directions and requirements of the Organiser at all times; and
c. abides by the specific Terms and Conditions relating to Custom Stands, provided by the Organiser to the Exhibitor on application for a Custom Stand.
EXHIBITOR OBLIGATIONS AND CONDUCT DURING EXPO
19. The Exhibitor must not cause any obstruction to other exhibitors or public space at the venue, or modify their stand and/or floor, or set up machinery or structures on their stand without prior consultation with and approval from the Organiser. This includes, but is not limited to, the installation of coffee machines, popcorn machines or other food preparation devices.
20. Exhibitors wishing to distribute any type of food or beverage item from their stand must seek approval from the Organiser and the venue at least 8 weeks prior to the Expo. Costs will apply. The Organiser takes no responsibility for allergic reactions, sickness, injury or death resulting from any food or beverages distributed by Exhibitors to attendees.
21. Exhibitors must not bring into or use in the Expo venue any flame, explosive, fuel, ammunition, firearm, chemical, acetylene gas, pressure tanks, volatile, explosive or dangerous oils, compounds, liquids of substances, inflatable items (including balloons, helium or otherwise), aerosol cans or any items deemed hazardous by the Organiser. This includes, but is not limited to, electric drills or cutting tools, knives or any other sharp implements. The Organiser reserves the right to take the appropriate action if any of these items are brought to or used in the Expo venue including, but not limited to, the removal or destruction of the items. It is the Exhibitor’s responsibility to ensure that any items it brings into the Expo are not hazardous and should consult the Organiser if there is any doubt.
22. The Exhibitor must ensure that its activities, furniture, promotional material and signage do not interfere with the good order and safety of the Expo or with any other exhibitor. Furniture and promotional material must be contained within the space allocated to the Exhibitor. Aisles and public spaces must be kept clear. The Organiser reserves the right to take the appropriate action to enforce this requirement including, but not limited to, the removal of any signage, furniture or promotional materials.
23. The Exhibitor is responsible for the safety and security of its products and stand. Material on its stand must not be left unattended at any time during the Expo or during bump in or bump out. Goods are left on the Exhibitor's stand and/or Exhibitor storage area at the Exhibitor's own risk.
24. The Exhibitor must confine its activities to the space allotted to it by the Organiser. The Exhibitor is not permitted to distribute promotional material or promote its organisation anywhere other than from its own stand. This includes venue aisles and external areas of the Expo venue. The Organiser reserves the right to take the appropriate action to enforce this requirement.
25. No photography is permitted within the Expo venue at any time without prior written approval from the Organiser.
26. The Exhibitor must not pack up its stand partially or totally before closing time on the last day of the Expo. The Exhibitor must not leave any goods or promotional material on its stand after 5pm on the last day of the Expo.
27. No stand sharing, sub-letting or co-branding of stands is permitted.
28. The Exhibitor is only permitted to exhibit its own products or services at the Expo.
29. Trolleys are not permitted in the venue while the Expo is open to the public. Goods must be hand carried to the Exhibitor's stand while the Expo is open to the public. Restocking of goods using trolleys must be done before the Expo opens each day or after closing.
30. At bump in and bump out times advised by the Organiser, all Exhibitors must wear high visibility safety vests.
31. It is the responsibility of the Exhibitor to leave the stand space clean and tidy during the Expo and on bumping out. The Organiser reserves the right to charge an additional fee to the Exhibitor for the reasonable costs of any cleaning or removal of items left by the Exhibitor.
32. The Exhibitor must comply with all relevant occupational health and safety requirements and venue guidelines affecting its participation in the Expo.
33. The Organiser reserves the right to refuse admission to or eject the Exhibitor or its representatives from the Expo due (but not limited) to:
a. failure to comply with these terms and conditions; or
b. representing a security risk, nuisance or in any way interfering with the operation or integrity of the Expo.
34. Exhibitors shall comply with all State and Commonwealth legal requirements as well as any rules of the venue.
35. The Exhibitor may request that the Organiser allocate a seminar at a particular time during the Expo. The Exhibitor accepts that seminars are at all times subject to availability and will be allocated at the Organiser's discretion.
36. The Exhibitor shall affect public liability insurance of at least $10 million for the Exhibitor's stand covering loss from public risk, fire and theft with the Organiser’s interest under this clause noted on the policy, and the Exhibitor will produce the certificate of currency and the policy relating thereto on demand by the Organiser.
CHANGES TO EXPO
37. The Organiser reserves the right to amend the dates or venue for holding the Expo, to close the Expo or vary its hours, or to vary or add to the format of the Expo (including holding an online event) as is necessary or required by law, and to the extent permitted by law will not be liable for any loss to the Exhibitor arising from such a change.
38. The Organiser reserves the right to determine, amend or alter the location of the Exhibitor’s stand and the Exhibitor undertakes to agree to such.
LIMITATION OF LIABILITY AND INDEMNITY
39. To the extent permitted by law, the Exhibitor releases the Organiser from any claim or liability arising (whether directly or indirectly) out of or in connection with:
a. any loss or damage (including any consequential loss) to the Exhibitor arising out of the Exhibitor’s participation in the Expo; or
b. a Force Majeure Event.
40. The Exhibitor indemnifies and holds harmless the Organiser from any claim, cost, demand, liability or damage (including legal costs, professional costs and other expenses on an indemnity basis) incurred by the Organiser arising out of or in connection with (but not limited to):
a. any breach of these terms and conditions by the Exhibitor;
b. the Exhibitor’s attendance at the Expo;
c. any damage, loss, injury or death to or of a person or property due to any act or omission of the Exhibitor;
d. any damage to the Expo venue; or
e. any loss or damage the Organiser suffers due to any act or omission of the Exhibitor.
41. In the event that any additional provisions are implied into these terms and conditions by the Competition and Consumer Act 2010 or any other law or regulation in force throughout Australia from time to time, to the extent permitted by law, the Organiser’s liability will be limited to the remedies required of the Organiser under the applicable law or regulation.
CHANGES TO TERMS AND CONDITIONS
42. The Organiser reserves the right to amend the terms and conditions from time to time but will not amend the terms and conditions that were signed by the Exhibitor at the time of their Booking unless agreed in writing by both parties.
43. If a provision (or part of it) of these terms and conditions is held to be unenforceable or invalid, then to the extent possible the provision will be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by the applicable law.
44. These terms and conditions are governed by the laws of Victoria, Australia. The parties hereby submit to the non-exclusive jurisdiction of the Courts of the state of Victoria, Australia.