Exhibitor Terms and Conditions
1 The Contract
1.1 Body & Soul Holistic Expos ABN 99 074 204 283 is referred to as the “Organiser”.
1.2 Reference to “Event” refers to an event festival conference or expo promoted by the Organiser. “Exhibitor” refers to a party who has entered into a site application or agreement or contract for site or exhibitor space at an Event.
1.3 The sending to the Organiser by the Exhibitor an application to exhibit by email or any other method of communication, or any payment relating to an Event or other activity organised by the Organiser, constitutes acceptance by the Exhibitor of the terms and conditions set out herein.
1.4 These terms and conditions replace any and all previous terms and conditions made by the Organiser.
1.5 It is acknowledged that these terms and conditions can be amended from time to time, but will not be amended during the currency of the site application or contract until completion of an Event or other activity to which the site application or contract relates to or applies.
1.6 These terms and conditions take precedence over any customer terms and conditions that an Exhibitor may have reliance upon during the term of the site application or contract until completion of an Event or other activity to which the site application or contract relates.
2 Organiser’s Rights and Responsibilities
2.1 The Organiser will organise and conduct an Event or other activity on behalf of the Exhibitor in accordance with the General Event Information related to an Event or other activity documented by the Organiser on behalf of the Exhibitor or Sponsor.
2.2 The Organiser will make all reasonable efforts to offer site space as requested by the Exhibitor or Sponsor.
2.3 The Organiser does not guarantee event visitor numbers or the level of commercial activity at an Event or for any other activity.
2.4 Should an Event or other activity be cancelled or abandoned, the limit of claim for damages and/or compensation by the Exhibitor shall be limited only to the amount of money paid by that Exhibitor or Sponsor to the Organiser for that particular Event.
2.5 The Organiser reserves the right to cancel or postpone an Event or other activity due to circumstances beyond the Organiser’s control, such as a natural disaster or where a state of emergency has been declared. All payments made prior to an Event or other activity which has resulted in a postponement of an Event or other activity will be honoured at the re-scheduled Event or re-scheduled activity.
2.6 Wherever possible, site space assignments or other arrangements will be made by the Organiser in keeping with the preferences of the Exhibitor. The Organiser reserves the right to move, delete or add site spaces or make other arrangements and/or make the final determination on all site space assignments or other arrangements without prior consultation with the Exhibitor.
2.7 The Organiser does not guarantee exclusivity of products or services and cannot guarantee similar products or services will not be located adjacent to or near the Exhibitor in relation to site space at an Event.
2.8 The Organiser reserves the right to alter or change the traffic flow or access arrangements to and from an Event site and/or the Exhibitor site at any time. These changes may affect exhibitor and/or patron vehicle traffic and/or patron foot traffic.
2.9 The Organiser reserves the right to alter or change at any time the style or type of exhibitor access pass required to enter or gain access to an Event. The Organiser or their staff or volunteers or security staff also reserve the right to ask for additional identification and where in doubt as to whether or not the exhibitor pass is being used by a person or persons who are not entitled to carry that pass, the Organiser reserves the right to confiscate the exhibitor pass and refuse entry to that person or persons.
2.10 The Organiser will take every care to ensure that promotional materials provided by the Exhibitor are included in media organised by the Organiser as per agreement but will not be held liable for any loss should such advertising not be included.
2.11 Exhibitors indemnify the Organiser against all claims against the Organiser for breach of warranty, third-party intellectual property rights or any other liability that the Organiser may otherwise be exposed to relating to information or images about a product or service released to the Organiser on behalf of or by the Exhibitor, Advertiser or Sponsor.
2.12 The Organiser cannot be held liable for injury or death, property damage, economic loss or any other claims relating to an Exhibitor nor to an Event or other activity.
2.13 Exhibitors agree that only one business or consultant per stand is permitted except where the organiser has provided an express exemption in writing. Attempting to include another business or consultant on a stand without the organiser’s permission can result in immediate request for the exhibitor to vacate the premises immediately.
3 Exhibitor’s Rights and Responsibilities
Sharing and sub-letting
3.1 No Exhibitor shall assign, sublet or share the space allotted with another business or firm unless approval has been obtained from the Organiser in writing.
Confine activities to allocated space
3.2a No exhibits will be permitted which interfere with the presentation of other exhibits or impede access to them or impede the free use of the aisles. Exhibitors and staff on stand, including demonstrators and ticket sellers, are required to confine their activities within the allocated space of the Exhibitor’s site.
Standing in walkway, obstructing other stallholders and the customers’ view of other stalls, spruiking
3.2b Walkways are to be kept clear of all obstacles.
All stallholders are entitled to an equal opportunity to attract customers and standing in front of your stall confers an unfair advantage.
Again this is a consideration to fellow stallholders regarding fairness and ethics.
The view of other stalls within your area must not be obstructed in any way and customers must not corralled or directed towards a particular stand.
Neither are stallholders permitted to stand between stalls at the front edge of their table as this can obstruct the view of customers towards the adjacent stand, or to spruik to passing traffic .
Consideration to fellow stallholders regarding fairness and ethics is the over-riding consideration.
3.3 Sound presentations, slides, movies or videos are permitted if attuned to a conversational level and if neighbouring exhibitors do not object.
Be in attendance
3.4 Exhibitors are required to have their site fully staffed at all times while an Event is open to the public. Exhibitors must ensure that all staff working on their site display appropriate exhibitor passes at all times. Site space must be kept clean and tidy and all rubbish removed to assigned rubbish locations during the course of an Event.
3.5 Exhibitors must make the most of the site space for promotional and commercial opportunities and to maximise the appearance of the site space in keeping with the standards of an Event.
Follow Organiser’s directions
3.6 Exhibitors must follow all directions of staff employed or engaged by the Organiser, including compliance with relevant laws, Occupational Health & Safety requirements and venue guidelines whilst at an Event.
3.7 Exhibitors are required to remove all materials at the completion of an Event and bring the site space back to the condition to which the site space was when the Exhibitor arrived. Failure by an Exhibitor to remove all rubbish and return the site space to its former condition will result in additional fees charged for such cleaning and reinstatement.
Agreement to indemnify the Organiser
3.8 The Exhibitor agrees to indemnify the Organiser with respect to loss, damage or claims as a result of a breach of contract, claims associated with a display or demonstration of products and selling goods or services that misrepresent or infringe upon intellectual property rights that may arise as a result of any act of the Exhibitor and/or default or omission on the part of the Exhibitor.
3.9 All property, display materials and vehicles under the control and custody of the Exhibitor are understood to remain under the control and custody of the Exhibitor and therefore the total responsibility of the Exhibitor in relation to insurance protection and coverage in transit to, within the confines of the exhibition boundaries and in transit to and from the confines of the exhibition venue and its boundaries and for the total duration of an Event from the commencement of the set up through until an Event site is vacated. The Organiser is not responsible for any damage to or loss of goods of the Exhibitor or its servants, staff, agents or contractors due to any reason whatsoever.
3.10A Exhibitors and others are not permitted to interfere with the electrical, gas, water or other fittings within a venue or at the grounds where an Event is located. Any such alterations need to be approved by the Organiser and the host venue and would then be carried out at the expense of the Exhibitor.
Access to power
3.10B Access to power is granted only to a limited number of sites. Exhibitors at sites which are not nominated by the Organiser as having access to power are not permitted to make electrical connections.
Trailing cords across public walkways
3.10C It is forbidden for Health and Safety reasons to trail electrical cords across walkways or through areas through which the public has access.
Electrical equipment must have an up to date test and tag
3.10D All equipment requiring power must have an up to date test and tag by a qualified electrician. If equipment is found to have not complied with this policy its use will not be permitted. Any costs incurred as a result of non-compliance must be paid to Body n Soul Expos.
Comply with health and safety regulations
3.11 The Exhibitor, its servants, agents, licensees, contractors or sub-contractors will be responsible for complying with workplace health and safety standards at all times.
3.12 Children 15 and under who are under the care of an Exhibitor are not permitted on site at a venue during set up, during an Event or at bump out times.
Public liability insurance
3.13 All Exhibitors are responsible for their own public liability insurance policy. Generally a cover of at least $10 million is recommended. By applying to exhibit at any expos run by the organiser you are agreeing to indemnify the organiser against any claims.
Power boards and leads
3.14 Exhibitors who have applied for a table with power access must bring their own additional power leads and power boards. All electrical equipment must be tested and tagged before being used at an event organised by the Organiser.
Stay within allocated space
3.15 Stalls must be contained within the space allocated. Display stands and backing boards are not supplied by the venue and are to be supplied by exhibitor.
Access to power
3.16 There are a limited number of stalls with capacity for electricity that can be booked through the application process.
Tested and tagged
3.17 In cases where access to power is provided no leads are provided. Exhibitors will need to bring surge protected power boards and tested and tagged leads.
3.18 While every effort will be made to locate stalls in requested size in accordance with your preference; this depends on available space and requirements. No guarantees are provided.
Requests for more space
3.19 Purpose specific equipment that requires more space may be considered. Please contact event organiser with specific requests.
Givaways and samples
3.20 All giveaways and samples should be of a sustainable or healthy living nature and contain no risk to a person’s health and wellbeing and the exhibitor indemnities the Organiser from any damage or liability claims associated with giveaways.
3.21 The organiser reserves the right to take down any branding, advertising or imagery considered inappropriate by the organiser. This includes graphic images and/or controversial or political messaging.
3.22 As public parking at venue may be limited, you are required to move your vehicle from the near vicinity of the venue area once you have unloaded your vehicle. Ample parking space must remain free for attendees to the event.
Loss or damage
3.23 The organiser does not take responsibility for any loss or damage incurred from leaving your goods unsupervised at any time or during the setup and dismantling stage of the exhibition.
Professional indemnity insurance
3.24 If an exhibitor is supplying professional advice to the public they will be required to provide a copy of their Certificate of currency for professional indemnity insurance for a minimum of $5 million and must be current as at the day of the event.
Relating to other stall holders
3.25 All exhibitors are expected to treat all other stall holders with courtesy and respect. Exhibitors are required to be positive and not criticise other organisations.
3.26 Tablecloths must come down to the floor. Tablecloths must be provided by exhibitors.
3.27 All stallholders are required to follow written or verbal direction of the event coordinator on the day.
Comply with the law
3.28 All stallholders shall comply with all relevant Acts of Parliament, Regulations, Rules, Codes, Orders, By Laws, Local Laws and other legislation applicable to the activities they conduct at the Hawthorn Craft Market.
4. Charges and Payments
4.1 All Exhibitor site fees must be paid in full in Australian dollars by the date set out in the Tax Invoice issued to the Exhibitor, or as set out in Exhibitor notifications forwarded to Exhibitors by the Organiser.
4.2 All Advertisers and Sponsors fees must be paid in full in Australian dollars by the due date set out in the Tax Invoice issued to the Exhibitor or Sponsor, or as agreed by arrangement with the Organiser, or as set out in Exhibitor notifications forwarded to Exhibitor or Sponsors by the Organiser.
4.3 If the specified deposit on any site booking has not been paid by an Exhibitor within the terms set out in the Tax Invoice, and after verbal confirmation from the Organiser to the Exhibitor that such deposit is due and payable immediately and the Exhibitor fails to satisfy such payment within a reasonable period, the Organiser may re-assign or cancel that booking without notice to the Exhibitor.
4.4 Exhibitors who have not completed full payment for their site fees by the date set out in Exhibitor notifications (unless prior alternate arrangements have been made with the Organiser and agreed by the Organiser in writing) may have their site re-located, re-allocated or cancelled.
4.5 Exhibitors who have not completed full payment for their site fees will not be permitted to enter or set up at the specified venue. The Organiser reserves the right to legally recover the site fees from the Exhibitor.
4.6 Exhibitors and Sponsors acknowledge that payments made by use of credit card facilities (Visa and MasterCard) will incur an additional surcharge fee as set out in the Tax Invoice provided to the Exhibitor, Advertiser or Sponsor.
5 Cancellation and Refund Policy
5.1 Any cancellation by Exhibitors must be advised to the Organiser in writing including email. The Organiser reserves the right to re-sell the cancelled site.
5.2 Cancellation penalties are:
(a) All cancellations carry a $35 administrative fee.
(b) Exhibitor cancels within 14 days of the expo: 50% of any monies paid to the Organiser will be refunded; except if a suitable replacement is found and approved by the Organiser.
(c) Exhibitor cancels within 7 days of the expo: NO monies will be refunded , except if a suitable replacement is found and approved by the organiser.
5.3 Exhibitors acknowledge and agree that all advertising within Event publications or marketing options are non-negotiable and non-refundable in the event that the Exhibitor cancels their site space or activity with the Organiser.
5.4 Exhibitors acknowledge and agree that all advertising arrangements made by the Organiser on behalf of the Exhibitor, to which the Advertiser cancels the advertising and the Organiser is unable or unwilling to withdraw the advertising from the marketplace will be deemed as advertising requested and placed on behalf of the Exhibitor.
5.5 The Organiser will not credit or refund stall fees to exhibitors for failing to attend their scheduled expo / market date(s) for any reason whatsoever.
6 Breaches and Remedies
6.1 The Organiser reserves the right to cancel an Exhibitor or Sponsor’s site space or activity in the event that the Organiser believes there to be a breach by the Exhibitor or Sponsor of their responsibilities under the site contract or activity. Any cancellation by the Organiser in this regard is deemed a formal cancellation under clause 7.2(d) and appropriate fees and charges will apply to the cancellation.
6.2 If the Organiser believes there to be a breach of the site contract or activity by the Exhibitor or Sponsor, the Organiser will give the Exhibitor or Sponsor reasonable time to remedy such breach, such reasonable time will be advised to the Exhibitor or Sponsor at the time of the notification. In the event that the remedy sought by Organiser does not satisfy the Organiser as to the remedy of the breach by the Exhibitor or Sponsor, then clause 8.1 comes into effect and all penalties as outlined in clause 7.2(d) will apply.
6.3 The Organiser reserves the right to refuse entry to an Exhibitor or Sponsor at an Event where the Organiser believes that such entry may have a material or adverse effect on the Organiser, other Exhibitors, Sponsors and/or patrons of an Event. In the event that the Organiser does refuse entry to an Exhibitor or Sponsor, clause 7.2(d) will apply.
6.4 In all such cases of a breach, the Organiser has the right to on-sell site space of an Exhibitor or Sponsor without notice to such Exhibitor or Sponsor of such decision having been made by the Organiser.
7 Insurance Cover and Risk Assessment
7.1 The Organisor acknowledges that Event sites can be hazardous. Exhibitors are required to take due care and attention in order to prevent injury and property damage. The Organiser cannot be held responsible nor liable for damage caused by the act or omission of an Exhibitor.
7.2 In the event of an incident or accident the Exhibitor is responsible for immediately notifying the Organiser at an Event of such incident or accident and no items are to be removed from the site space without the prior approval of the Organiser.
7.3 Exhibitors are required to notify the Organiser and complete an Incident Report Form, in writing, to inform the Organiser of any site incident or accident and provide supporting evidence of such incident or accident.
7.4 It is an inherent obligation of the Exhibitor to take out public liability insurance in accordance with the date set out in the Event Information. The Exhibitor will ensure that such public liability insurance is to the value of $10 million prior to allowing access to an Event. .
7.5 It is the responsibility of the Exhibitor to organise public liability insurance cover as well as product liability cover (if appropriate) prior to the commencement date of an Event. AAMI, Traders Voice and City Rural are examples of companies that may provide insurance cover. Exhibitors are not covered by the Organiser’s insurance policy.
8.1 The Organiser is committed to the Privacy Amendment (Private Sector) Act 2000.
8.2 All personal information collected from Exhibitorsand Sponsors is done so in a lawful manner.
8.3 The Organiser will only disclose certain information to third parties assisting the Organiser with Events, advertising or sponsorships on behalf of the Exhibitor, Advertiser or Sponsor.
8.4 The organiser is unable to guarantee that photos of events will not be published. Expos are public events. Exhibits agree to indemnify the organiser against any and all complaints and restraints including financial recompense or other legal actions regarding the publication of images relating to expos.
9.1 The Organiser cannot be held liable for any loss or liability as a result of:
(a) an act of God;
(b) war or terrorism;
(c) civil or military actions;
(d) natural disasters;
(f) utility supply and equipment failure;
(g) insufficient exhibitors or patron non-attendance;
(h) Exhibitor sales at the event;
(i) causes beyond the control of the Organiser;
(j) theft or damage to exhibitor’s goods, stock, supplies or materials or tools o trade or electronic equipment used to conduct business, or artwork or any other exhibitor possessions or possessions belonging tt customers o exhibitors;
(k) death or injury to any person while in the confines of the venue or market premises.
9.2 In the event that any part of these terms and conditions are not legal or are deemed unenforceable, they are removed but all other terms and conditions will remain in full force and effect.
9.3 Any references to time within these terms and conditions means as soon as possible, unless otherwise stated.
9.4 These terms and conditions are governed by Victoria and Australian laws and the jurisdiction of the Victorian Courts.
Body & Soul Holistic Expos
ABN 99 074 204 283
27 Clear Water Drive
Phone: 0411 530 762