HARVEST FEST 2018 TERMS OF SALE FOR EXHIBITOR SITES
- First round applications close 10 August 2018
- Applications will only be considered on receipt of a minimum of 25% deposit
PLEASE NOTE CONDITIONS:
The acceptance of applications and the allocation of sites is at the total discretion of the Organisers. Site preferences will be considered and every endeavor will be made to satisfy such preferences, however, no guarantee can be given that the site requested will be provided. Sites will only be allocated and exhibitor kits provided when full payment of the site fee is received.
The application together with these conditions shall, on acceptance, form the Contract between the Exhibitor and the Organiser.
Forms must be completed and returned by email to [email protected] or via mail to PO Box 204, Shepparton VIC 3630 no later than the 31 September 2018. Site allocations after this date will be made at the discretion of the Organiser.
- The Organiser grants to the Exhibitor a licence to occupy the Site for the duration of the Event (“the licence”) for the purpose of:
- promoting the Exhibitor’s business (“the primary purpose”);
- erecting such temporary structures as are necessary to facilitate the primary purpose;
- displaying vehicles, machinery, merchandise, or food and beverages related to the primary purpose; and
- subject always to the Organiser’s prior approval, housing and displaying livestock related to the primary purpose.
- The Exhibitor acknowledges that the Organiser shall not be bound to reserve and/or supply site(s) or any services until payment in full of all the required fees is made by the Exhibitor. Prior to the commencement of the event.
- Cancellation fees; if the Exhibitor cancels this Contract the following fees apply:
- more than 60 days prior to commencement of the Event – no charge;
- less than 60 days prior to commencement of the Event – 25% of the Site fee;
- less than 30 days prior to the commencement of the Event – 60% of the Site fee;
- less than 14 days prior to the commencement of the Event – 100% of Site fee; and
If the Exhibitor fails to attend the Event at all, the Organiser will retain 100% of the Site fee.
- The Exhibitor must take out, at its own expense, a public liability policy for the Site for the sum of Ten Million Dollars ($10,000,000.00) in respect of any single accident or event (“the policy”). The Exhibitor must submit evidence of the policy to the Organiser with the Site Application Form.
- The Organiser shall have the right to nominate the location of the site(s) allocated to the Exhibitor.
- The Exhibitor shall not be entitled to assign or sublet all or part of the Site without the prior written consent of the Organiser.
- The Exhibitor shall not extend its display beyond the boundaries of the Site; this includes vehicles, signage and any other exhibitor items.
- The Exhibitor must keep the Site in a clean and tidy condition during the Event. The Exhibitor must clear and reinstate the Site to the condition it was in at the commencement of the licence to the satisfaction of the Organiser within 48 hours of the conclusion of the Event. In the event that the Site is not cleared and reinstated by the Exhibitor as required by this clause resulting in the Organiser cleaning the Site then the Exhibitor must reimburse the Organiser for any costs incurred by it in cleaning and reinstating the Site.
- The Organiser shall not be held liable for loss of or damage to the Exhibitor’s property while it is located within the Venue and for other property not owned by the Exhibitor but located in the Exhibitor’s site.
- The Organiser shall have the right to sell by public auction or private treaty any structure or any plant equipment goods or other articles that shall remain upon the Site after the period referred to in clause 8 and the Exhibitor hereby irrevocably authorises the Organiser to effect such sale and on the Exhibitor’s part to give full and clear title to the purchaser. The Organiser can recover its costs in selling those items (including any agent’s fees and advertising expenses) together with any other cost or loss it has suffered from the proceeds whereupon it will remit any balance (if any) to the Exhibitor.
- If the Organiser should find it necessary, expedient or desirable to cancel or postpone the Event, this licence shall cease to operate upon notice to that effect to the Exhibitor and the Organiser shall not be liable to the Exhibitor for any compensation whether on the grounds of loss of profits or otherwise in respect of such cancellation or postponement and the Exhibitor shall not be entitled to a refund or payment of any money paid by the Exhibitor in relation to this licence.
- The Organiser may terminate without notice if:
- the Exhibitor commits a serious breach of this Contract; or
- the Exhibitor fails to remedy any other breach of this Contract within a reasonable time (being no more than 24 hours) of receiving notice of the breach from the Organiser,
- AND the Organiser shall not be liable to pay the Exhibitor any compensation whether on the grounds of loss of profit or otherwise or to refund any money paid by the Exhibitor as a result of termination unless the amount held is less than the loss suffered by the Organiser.
- No machinery, vehicles, goods or other articles displayed shall be removed from the Site before 4:00pm on the third day of the Event.
- No vehicles are permitted on an Exhibitor Site or within the Event, unless vehicles are part of the Event. Exhibitor vehicles parked on the roadways between 8:00am and 5:30pm during the Event may be removed at the Exhibitor’s expense.
- The Exhibitor must not fuel any vehicles, plant or other equipment within the Venue and shall only be entitled to have such motor vehicles (other than for display purposes) on the site(s) as may be approved by the Organiser.
- The Exhibitor must conform to the requirements of any legislation which governs the erection of structures the display and/or sale of machinery, vehicles, livestock and all other products or goods of the Exhibitor and the regulations by-laws and ordinances made under such legislation.
- The Organiser or other person appointed by the Organiser shall have the power to enter upon the Site at any time and remove any article, sign, picture or printed matter which in his or her opinion is either not eligible for display or may be the cause of offence.
- The dropping of advertising leaflets or other printed material from aircraft over the Venue during the Event is prohibited.
- Use of amplifiers or loud speakers by an exhibitor is prohibited without the prior written approval of the Organiser which the Organiser can withhold or withdraw at its absolute discretion.
- The Exhibitor shall not conduct or permit any competition, game or auction without prior written approval of the Organiser while on the Site.
- No pets or livestock other than those provided or approved by the Organiser shall be brought onto the Site during the setup and pack up period as well as the duration of the Event.
- Any building structure, fence etc., erected on any Site(s) by the Exhibitor shall be entirely at the responsibility of the Exhibitor who shall be responsible for its safe installation, maintenance or protection from damage at all times AND no action, claims or demands shall be made or taken against the owner of the Venue or the Organiser for any damage caused whatsoever including any action for negligence or tr
- Exhibitors entering the Venue must adhere to the Occupational Health & Safety (OH&S) legislation as well as the guidelines outlined in the Organiser’s Exhibitor Information Pack.
- The Organiser reserves the right to refuse admission or to eject Exhibitors from the Event, without compensation to the Exhibitor. This includes (without limitation) where passes are lost or damaged, where you engage in conduct that unreasonably interferes with the enjoyment of the Event by others and/or contravenes the Harvest Fest Conditions of Entry and where an Exhibitor does not comply with this contract.
- The Exhibitor shall at all times comply with any directions that may be given by the Organiser or its staff while the Exhibitor is in the
- No person shall be permitted to camp or stay overnight in the Venue during the period of The Event without prior written approval of the Organiser.
- The Exhibitor indemnifies the Organiser against all claims and demands arising under any statute or at common law and whether for loss or damage to property or any injury to or death of any person occurring on or about or resulting from any defect in the Site caused by the Exhibitor or resulting from the use or occupation by the Exhibitor of the Site or for any penalty or other liability arising from such matters other than claims and demands arising from any act default or neglect of the Organiser, its employees agents or contractors.
- Notices to be given on the Exhibitor in accordance with this contract may either be:
- given to the Exhibitor in person; or
- sent to the Exhibitor by electronic service of notices and other documents; or
- sent to the Exhibitor by prepaid post to the address shown in the Exhibitor’s application.
- The Exhibitor acknowledges non-exclusive rights to exhibit at the Event and acknowledges that competitors may also exhibit. The Organiser accepts no responsibility for businesses who display any Franchise brands or products outside of the terms of any Franchise Agreements.
- Where the context permits the following words shall have the following meaning:
- “The Organiser” means A.C.N. 628 312 658 PTY LTD trading as Harvest Fest (ACN 628 312 658);
- “The Event” means Harvest Fest;
- “The Venue” means Lardner Park, 155 Burnt Store Road, Lardner VIC 3821;
- “The Site” means the ground space area allocated to the Exhibitor by the Organiser within Lardner Park, 155 Burnt Store Road, Lardner VIC 3821;
- “The Exhibitor” means the applicant for Site space at the Event, its employees, agents and invitees.