TERMS AND CONDITIONS

CONTRACT FOR SPACE: The Application must be completed in its entirety and accompanied by the total booth fee for the number of spaces requested before it will be processed or space assigned. The signed Application and Contract and subsequent notice of assignment constitute a contract between the Silkroute International Pty Ltd and Melbourne Shopping Festival (hereinafter referred to Silkroute International Pty Ltd as Silkroute and Melbourne Shopping Festival as MSF) and the exhibitor. Any point not specifically covered in these regulations is subject to the decision of Silktoute, whose decision shall be final.


ELIGIBILITY TO EXHIBIT: The content of materials displayed in the MSF Exhibit Space must be retail discipline, and the professional development of our attendees. MSF reserves the right to refuse any application for exhibit space or curtail or cancel any exhibit that in the sole judgment of the executive director of Silkroute International Pty Ltd. This policy also applies to the nature of displays, advertisements, sales of products (including novelties and souvenirs), and the decorum of exhibitors or their employees. Exhibits cannot be used for adult products or sexual reference, politically or ideologically partisan purposes.

ASSIGNMENT OF SPACE: Booth space will be assigned at the discretion of MSF. Priority of booth Selection is given to organizations that have exhibited in previous years, sponsors, and advertisers to promote the event. MSF will attempt to assign requested spaces; however, if none of the requested spaces are available, we will contact you with a space in a comparable location. MSF reserves the right to alter exhibitor's assigned location at any time if deemed in the best interests of the Exhibition. MSF will consult with exhibitor before exercising its discretion.


SCHEDULING GUIDELINES FOR EXHIBITOR FUNCTIONS:

(A) Exhibitor sponsored functions, both public and private, will be accepted by the convention coordinator on a first-come, first-served basis.


(B) Exhibitor sponsored private functions, i.e., events not open to all attendees, requiring space controlled by the Silkroute according to its contract with the Exhibitors will be placed. MSF official events have priority over events sponsored by other groups, including exhibitors and sponsors.


WITHDRAWAL: Cancellations must be made, in writing, no later than October 21th- 23rd 2016, and refunds will be processed, less a 50% administration fee no later than (5) five business days after receipt of written notice of cancellation.


TERMINATION OF EXHIBIT: Should the premises in which the MSF is to be held become, in the sole judgment of MSF, unfit for occupancy, or should the of the Melbourne Exhibition and Convention Centre and shall indemnify and hold harmless the Melbourne Exhibition and Convention Centre, Silkroute International Pty Ltd, and MSF and their agents, labor, employees, officers, directors, staff and members. Each participant by signing the application for participation expressly understands that they release MSF from, and agrees to indemnify it against any and all claims for such loss, injury or damage. If MSF shall be held liable for any event which might result from a particular exhibitor's action or failure to act, such exhibitor shall reimburse and hold harmless MSF against any liability resulting therefrom. Exhibitors must adequately insure their materials, goods, wares and exhibits against loss or injury of any kind and must do so attheir own expense; MSF, Silkroute International Pty Ltd, and the venue are not responsible for any loss (however caused) to any property of any exhibitor.


Exhibitors are solely responsible for their own actions during the festival. MSF will provide an onsite MSF Staff Member or contractor during the official hours of installation, dismantle and exhibit hours. The festival be materially interfered with by reason of action of the elements, strike, picketing, boycott, embargo, injunction, war, riot, emergency declared by a government agency, or any other act beyond the control of MSF, the Application and Contract may be terminated. MSF will not incur any liability for damages sustained by the exhibitor as a result of such termination. In the event of such termination the exhibitor expressly waives such liability and releases MSF of and from all claims for damages and agrees that MSF shall have no obligations except to refund to the exhibitors a prorated share of the aggregate amount received by MSF (as rental for exhibit space for said Exhibit), after deducting all costs and expenses in conjunction with such Exhibit, including a reasonable reserve for claims.


BOOTH PERSONNEL/BADGES: The fee for booth space includes two (2) exhibitor badges with complimentary registration per 3'x3' Sqm booth. Displays must be staffed during all MSF Exhibit Hall hours. Badges must be worn at all times for admission to the Exhibition. A list of Booth Personnel must be received on or before 7th July, 2016. Badges may be picked up a day before the festival on Thursday, 07th, 2016, between 2:00 p.m an 05:00pm..


DISPLAY RULES AND REGULATIONS: MSF provides the following: a 3'x3' standard booth; an identification sign listing the company name and booth number; a backdrop and 3'- sidewalls; and exhibit space security is defined by the area being locked during off, or closed hours. Any additional security required please discuss with Silkroute International before agreeing this agreement.


All display fixtures must be confined to that area of the exhibitor's space. Exhibit fixtures, components and identification signs will be permitted to a maximum height of exhibitors shell height. Displays must be contained within the assigned booth spaces in such a way that they do not interfere with other exhibitors' displays. Furnishings/Electrical/Audio Visual Equipment: Each exhibit space will be provided with table with 2 chairs and a bin. An Exhibitor Service Kit will be forwarded to all confirmed exhibitors in late spring which has additional furnishings, audio visual and electrical services available for rental through Moreton Hire.

LABOR/SAFETY/FIRE: Exhibitors will comply with all applicable statutes, ordinances, rules and requirements relating to health, fire, safety, and use of the premises. Booth decorations must be flameproof and all hangings must clear the floor. Electrical wiring must conform with all federal, state and municipal government requirements and to National Electrical Code Safety Rules. If inspection indicates that an exhibitor has neglected to comply with these regulations, or otherwise incurs fire hazards, the right is reserved to cancel at exhibitor's expense all or such part of the exhibit as may be irregular.


INDEMNIFICATION AND WAIVER: The exhibitor assumes the entire responsibility and liability for losses, damages and claims arising out of injury or damage, including that by fire, and theft, to exhibitor's displays, equipment and other property brought upon the premises furnishings of such service are in no case to be interpreted by exhibitors as guaranteeing them against loss or theft of any kind.


ADDITIONAL RULES: Distributing advertising matter outside of the exhibitor's rented space is not permitted. All exhibitors' furnishings must be contained within the confines of their booth. Aisles or facility fire exits must not be obstructed at any time. Exhibitors may offer food or beverage at individual booths, but must be arranged through MSF with the approved catering vendor. MSF reserves the right to restrict any exhibit which might be considered undesirable or does not conform to the Contract Regulations, or to make any modifications to these displays, at exhibitor's expense, so that the exhibit conforms to the Contract Regulations.


AMENDMENT TO CONTRACT REGULATIONS: Any and all points not covered specifically are subject to the decision of MSF. MSF may, in its sole discretion, make reasonable changes, amendments, or additions to Contract Regulations. Any such changes shall be binding on Exhibitor equally with the other regulations contained herein.


Exhibitor Terms and Conditions

1 The Contract

1.1 Wishful Events are the organisers of "Melbourne Shopping Festival" and 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 without written notice.


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 does not guarantee event visitor numbers or the level of commercial activity at an Event.

2.3 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.

2.4 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 will be honoured at the rescheduled Event.

2.5 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.

2.6 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.

2.7 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.

2.8 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.

2.9 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.


3 Exhibitor's Rights and Responsibilities

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.

3.2 No exhibits will be permitted which interfere with the presentation of other exhibits or impede access to them or impede the use of the aisles.

3.3 Exhibitors are required to have their site fully staffed at all times while an Event is open to the public. Site space must be kept clean and tidy and all rubbish removed to assigned rubbish locations during the course of an Event.

3.4 Exhibitors are not permitted to pack up until the event has closed and ALL patrons have left.

3.5 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.

3.6 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.

3.7 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.

3.8 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 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.

3.9 Exhibitors are not permitted to attach any items to venue walls.

3.10 The Exhibitor, its staff, agents, licensees, contractors or sub-contractors will be responsible for complying with workplace health and safety standards at all times.

3.11 Children 15 and under who are under the care of an Exhibitor are not permitted on site at a venue during set up, or at bump out times.

3.12 All Exhibitors are responsible for their own public liability insurance policy; cover of at least $10 million is required. By applying to exhibit at any expos run by the organiser you are agreeing to indemnify the organiser against any claims. If required, Insurance can be purchased via the organiser, no later than 2 weeks before each and every event.

3.13 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.

3.14 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.

3.15 All stallholders are required to follow written or verbal direction of the event coordinator on the day.


4. Charges and Payments

4.1 All fees must be paid in full by the due date as agreed by arrangement with the Organiser, or as set out in Exhibitor Information Pack forwarded to Exhibitor or Sponsors by the Organiser.

4.2 Exhibitors who have not completed full payment for their site fees by the date set out in Exhibitor Information Pack (unless prior alternate arrangements have been made with the Organiser and agreed by the Organiser in writing) may have their site re-allocated or cancelled.

4.2 Exhibitors who have not completed full payment for their site fees by the date set out in Exhibitor Information Pack (unless prior alternate arrangements have been made with the Organiser and agreed by the Organiser in writing) may have their site re-allocated or cancelled.

4.3 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.


5 Cancellations and Refund Policy

5.1 Any cancellation by Exhibitors or Sponsors must be advised to the Organiser in writing including email.

Assessment of cancellation penalties will be done on the day that the written advice of cancellation is received by the Organiser. The Organiser reserves the right to re-sell the cancelled site.

The Exhibitor must pay to the Organizer the fees specified in the Letter of Offer (Exhibitor Information Pack). Final Payment must be paid at least ONE (1) Month prior to the event. Any outstanding amounts will be sent for debt collecting, at exhibitors cost.

5.2 The Organiser has the right to on-sell site space of an Exhibitor or Sponsor without notice.

5.2 If an Event is postponed (see clause 2.5 of the terms and conditions) all site fees paid to the Organiser will be transferred to the re-scheduled Event.

6 Insurance Cover and Risk Assessment

6.1 The Organiser cannot be held responsible nor liable for damage caused by the act or omission of an Exhibitor or Sponsor.

6.2 In the event of an incident or accident the Exhibitor and/or Sponsor is responsible for immediately notifying the Organiser of such incident or accident.

6.3 All Exhibitors, sponsors are required to have their own insurance as outlined 3.12


7 General

7.1 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; (e) strikes; (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.

7.2 The Organiser reserves the right to cancel an Exhibitor or Sponsor's site space or activity in the event if 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 and appropriate fees and charges will apply to the cancellation.

7.3 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.

7.4 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.

8 Law and jurisdiction

8.1 This agreement is governed by the law specified in the State of Victoria and the Commonwealth of Australia.

8.2 Submission to jurisdiction, The parties submit to the non-exclusive jurisdiction of the courts of State of Victoria and the Commonwealth of Australia governing this agreement and any courts, which may hear appeals from those courts in respect of any proceedings in connection with this agreement

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