THE EXHIBITOR ACKNOWLEDGES THAT THE OFFER TO ENTER INTO THE EXHIBITOR CONTRACT AND TO ACQUIRE ADDITIONAL SERVICES IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS:
1. The Owner grants and the Exhibitor accepts a licence to enter and use the nominated space (“the space”) for the duration of the event and for a reasonable set up period hereinafter referred to as the (“the Licence”).
2. The Exhibitor covenants to pay an occupation fee as agreed on or before 31 July, 2019.
3. The Owner covenants as follows:
(a) The Exhibitor, his servants, agents, customers and persons delivering or collecting goods at the space shall have access to the space during the period of the Licence.
(b) The Owner will not interfere with the Exhibitor’s reasonable use and enjoyment of the space during the term of this licence.
(c) The Exhibitor and the other persons listed in clause 3(a) shall be entitled to use the toilets and other facilities appearing on the site map when produced.
(d) The Owner does not take any responsibility for loss or damage to the property or person of the Exhibitor or any person when entering, leaving or being at the space in connection with the Exhibitor’s business or the use of the space, and the owner is indemnified from liability for any such loss or damage, however caused.
4. The Exhibitor covenants:
(a) To use the space for exhibition and sale of goods and services described in the Contract purpose.
(b) Not to assign the benefit of this licence or to grant any sub-licence or to cease to conduct the business personally.
(c) To keep the space clean and tidy and to display goods in a neat display.
(d) The Exhibitor shall not cause any undue fumes to be emitted from the space.
(e) To comply with all statutes, regulations and ordinances regarding the conduct of the Exhibitor’s business and the use of the space for that purpose including but not limited to the provisions of the Work Health and Safety Act 2011 and Regulations.
(f) To conduct the business and use the space so as to ensure that the use and enjoyment of the property by the Owner and by other occupants of the property will not be prevented, unduly interfered with, or adversely affected.
(g) To keep the Owner indemnified against any claims or liability for damage, loss or injury which may occur to the property or person of the Exhibitor or to any of the persons listed in clause 3(a) for which the Owner is exempted from liability in accordance with clause 3(d). The Exhibitor shall also provide to the owner by 31st July 2019 a Certificate of Currency for Public Liability Insurance.
(h) On expiry or termination of this Licence, to remove any fixtures, fittings or property belonging to the Exhibitor or held at the premises before the date of termination, leaving the space clean and tidy.
(i) In the event an Exhibitor constructs their own building or structure on the space the Exhibitor agrees to remove the building or structure if they no longer enter into a subsequent Licence agreement for use of the space. All costs relating to the removal of the building or structure and returning the space to its original condition including returning top soil and re-grassing shall be paid by the Exhibitor.
(j) Not to deface or alter the space.
5. The Owner shall have the right to sell any structure or part thereof which has been erected on the space and still remains on such space after termination of the agreement and may retain for its own use the proceeds of any such sale.
6. The Exhibitor shall not fuel tractors and machines within the said space or on land owned by the Owner except at a fuelling point provided by the Owner.
7. The Exhibitor shall cover their Public Risk Liability on the space by an appropriate insurance policy and shall produce evidence of such insurance to the Owner if requested to do so.
8. The Exhibitor shall conform with the requirements of any Act of Parliament which may govern the erection of structures, the display and/ or sale of machinery and/or other products or goods of the Exhibitor and the Regulations By-Laws and Ordinances made under such Acts.
9. A person appointed by the Owner shall have the power to enter upon the space 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 and the power to require any exhibitor or any employee or agent of an exhibitor to return to their space.
10. The Exhibitor is not permitted to sell second-hand or reconditioned machinery and equipment.
11. The dropping of advertising leaflets or other material from aircraft over the site of the event and the display of signs, placards or advertisements in locations, other than the space provided by this agreement is prohibited.
12. The use of amplifiers or loud speakers by the Exhibitor is prohibited.
13. The Exhibitor shall not conduct or permit to be conducted on the space any competition, games or sale by auction not approved in writing by the Owner.
14. No livestock other than those provided or approved by the Owner shall be brought onto the space.
15. No machinery, vehicles, goods or other articles displayed shall be removed from the space before 5.00 p.m. on the final day of the event.
16. The Exhibitor must keep all structures, signs, displays and products within the space and the exhibitors, their employees or agents must also keep within their space. Damage to underground water or power lines caused by not complying with this condition shall be repaired at the Exhibitor’s cost.
17. The Exhibitor has a personal right of occupation on the terms specified in this agreement and has no interest in the land on which the space is situated. The legal right to possession and control over the space remains vested in the Owner throughout the term of the licence.
18. The Owner may terminate this licence during its term by giving two (2) days’ written notice of termination at any time in any of the following circumstances:
(a) Failure to pay the occupation deposit fee prior to 31st July 2019.
(b) Breach of any covenant contained in this agreement.
(c) The death, bankruptcy, mental or physical incapacity of the Exhibitor.
(d) If the Exhibitor is a company, upon the company becoming subject to external management.
19. Refunds and Cancellation Fees- Cancelled bookings will incur charges. Cancellation charges inclusive of GST:
- 60 days prior: 25% of full price.
- 30 days prior to the event: No refund available.
20. All food sold by or distributed by Exhibitors must comply with Health Regulations and permission must be granted by the owner and all relevant authorities. A minimal Local Council Food Service Inspection Fee will be added to site fees.
22. Any notice may be served on either party by personal delivery to that party at his current residential or business address, and by leaving it with that party personally, or with some person over the age of 18 years residing or working at that address or at the registered office if the party is a corporation.