Custom Stand 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 Event who has engaged a third party person or organisation to erect a Custom Stand (“Custom Stand Builder”) at the Event. By making a request to erect a Custom Stand at the Event, the Exhibitor agrees to comply with, and to ensure that the Custom Stand Builder complies with, the following terms and conditions.

DEFINITIONS
1. In these terms:
“Booking” means a booking to exhibit at the Event.
“Bump In Day” means the day that Exhibitors set up their stands at the Event, and is considered part of the Event period.
“Bump Out Day” means the day that Exhibitors dismantle and remove their stands from the Event venue, and is considered part of the Event period.
“Custom Stand” means a stand customised to the specifications requested by the Exhibitor.
“Custom Stand Builder” means a third party person or organisation engaged directly by the Exhibitor to erect a Custom Stand (which, for the avoidance of doubt, may be the same as the Official Stand Contractor engaged by the Organiser) and includes the Custom Stand Builder’s employees, agents and contractors.
“Custom Stand Request Date” means the deadline by which an Exhibitor must indicate their intention to erect a Custom Stand as part of their Event Booking.
“Draft Plans and Required Documents Deadline” means the date by which the Exhibitor must submit all preliminary Custom Stand plans and required documentation to the Organiser for initial review. “Exhibitor” includes the Exhibitor’s employees, agents and contractors.
“Event” means the expo/s or show/s booked by the Exhibitor
“Event First Day” means the first day of the Event“
“Final Plan and Required Documents Deadline” means the date by which the Exhibitor must submit all final and fully compliant Custom Stand plans and required documentation to the Organiser for approval.
“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, pandemic, 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.
"Official Stand Contractor" means Harry the Hirer, the contractor engaged by Resources for Courses to build standard stands at the Event.
“Organiser” includes the Organiser’s employees, agents and contractors.

SCHEDULE OF IMPORTANT DATES

PARTICIPATION AND BOOKINGS

2. Participation in the Event by the Exhibitor and the Custom Stand Builder is subject to:
a) the acceptance of the Exhibitor by the Organiser at its complete discretion;
b) the Exhibitor completing the booking and registration process; and
c) the acceptance of the Custom Stand Builder by the Organiser at its complete discretion.
3. Custom Stand Builders engaged by the Exhibitor to erect a Custom Stand at the Event are bound by the same general Exhibitor Terms and Conditions as the Exhibitor agreed to when completing the booking and registration process to exhibit at the Event.
4. The Exhibitor must read and agree to these Custom Stand Builder Terms and Conditions by the Custom Stand Request Date. These Custom Stand Builder Terms and Conditions are in addition to the Exhibitor Terms and Conditions.
5. It is the responsibility of the Exhibitor to ensure that the Custom Stand Builder receives a copy of both the Exhibitor Terms and Conditions and these Custom Stand Builder Terms and Conditions and complies with them at all times.
6. If the Exhibitor engages the Official Stand Contractor to erect a Custom Stand, these Terms and Conditions do not apply as the Official Stand Contractor will supply all stand details to the Organiser.

REQUIRED DOCUMENTATION
7. Exhibitors intending to erect a Custom Stand must indicate this on their Booking Form by the Custom Stand Request Date. The Exhibitor must then submit the following documentation by the Draft Plans and Required Documents Deadline, unless the Exhibitor is using the Official Stand Contractor, in which case the Official Stand Contractor will supply this documentation directly to the Organiser:
a) A proposed plan of the Custom Stand.
b) Custom Stand Builder’s organisation name and full contact details
c) Custom Stand Builder’s on-site manager and supervisor name and full contact details.
d) Custom Stand Builder’s Certificate of Currency – Workcover.
e) Custom Stand Builder’s Certificate of Currency – Public Liability ($20 million).
f) Custom Stand Builder’s Safe Work Method Statement (SWMS)
8. It is the responsibility of the Exhibitor to communicate with the Organiser and provide all required Custom Stand information set out in clause 7 to the Organiser on behalf of the Custom Stand Builder.
9. It is the responsibility of the Exhibitor to communicate all relevant Event information, as provided by the Organiser, to the Custom Stand Builder.
10. No Custom Stand Builder will be granted access to the Event venue to erect a Custom Stand until all documentation is received and approved in writing by the Organiser. Failure to provide the required documents in clause 7 by the Draft Plans and Required Documents Deadline will result in non-approval of the Custom Stand request.

CUSTOM STAND PROCEDURES
11. Draft plans and required documentation must be submitted by the Draft Plans and Required Documents Deadline. Following written approval of the draft plans by the Organiser, final plans and all supporting documentation must be submitted by the Final Plans and Required Documents Deadline. Construction of the Custom Stand may not proceed unless and until the Organiser has provided written approval of all final documentation.
12. Custom Stands must be a maximum of 2.4m high unless otherwise approved by the Organiser.
13. Rigging is not permitted anywhere within the Event venue unless express written consent has been granted by the Event Organiser.
14. Construction of Custom Stands can only take place between 10am and 6pm on the designated Bump In Day. No construction, modification or building of Custom Stands is permitted outside of this period.
15. A forklift may be available between 10am and 6pm on Bump In Day for the unloading of goods by Custom Stand Builders. Forklifts will remain accessible for general exhibitor freight and deliveries as required during this time. The use of the Organiser’s Official Stand Contractor’s forklifts by Custom Stand Builders is not permitted at any time.
16. No forklift will be available on Bump Out Day. If a forklift is required, the Custom Stand Builder must supply it. If bringing their own forklift, the Exhibitor must seek prior written approval from the Organiser. All forklifts brought on-site must have white wheels.
17. Removal of all Custom Stands can only take place from 4pm on Bump Out Day, once all visitors and exhibitors have left the Event venue.
18. All Custom Stand Builder goods and equipment must be removed from the Event venue by 9pm on Bump Out Day.
19. The Organiser takes no responsibility for any damage incurred to displays/structures constructed at the venue. The security and stability of these structures is the responsibility of the Exhibitor and the Custom Stand builder.
20. Flooring of the Custom Stand that is between 22mm and 115mm high requires a bevelled edge that does not exceed an angle of 30 degrees or a grading of 1:1.4. This bevelled edge is to be incorporated within the Custom Stand space and not encroach outside the allocated space. All flooring that exceeds 115mm in height is deemed to be a step, and the Exhibitor must ensure that the Custom Stand Builder provides access via a suitable ramp if it is to be utilised by the general public.
21. At bump in and bump out times all Exhibitors and Custom Stand Builders must wear high visibility safety vests and other appropriate safety clothing and closed-toe footwear.
22. All Custom Stand Builders are to wear clothing clearly identifying their organisation while in the venue.
23. All Custom Stand Builders, contractors, service technicians and tradespeople who work anywhere in the venue are required to adhere to all relevant Australian standards, perform their tasks within set industry codes of practice and hold all necessary licences. Apprentices must be supervised.
24. Electric saws and other electric cutting tools, gluing and painting are not permitted anywhere throughout the venue.
25. During the erection of Custom Stands, aisles and walkways must be kept clear and Custom Stand Builders must maintain their designated Custom Stand area in a neat and tidy manner.
26. No obstacles connected to the Custom Stand are to be placed in the aisles and all parts of an exhibit are to be contained within the Exhibitor’s allocated stand space.
27. On completion of construction of a Custom Stand, Custom Stand Builders must remove all rubbish from the Custom Stand and place it in recycle bins supplied by the Event venue. 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 or the Custom Stand Builder after the build is completed on Bump In Day.
28. Materials used in Custom Stand construction must be in accordance with the Building Code of Australia and must not cause dampness or stain or be readily ignitable or be capable of emitting toxic fumes should ignition occur.
29. The Exhibitor must comply with, and ensure that the Custom Stand Builder complies with, all relevant occupational health and safety requirements and Event venue guidelines.

LIMITATION OF LIABILITY AND INDEMNITY
30. 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 or the Custom Stand Builder’s participation in the Event; or
b) a Force Majeure Event.
31. 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 and/or the Custom Stand Builder;
b) the Exhibitor and/or the Custom Stand Builder’s attendance at the Event;
c) any damage, loss, injury or death to or of a person or property due to any act or omission of the Exhibitor and/or the Custom Stand Builder;
d) any damage to the Event venue by the Exhibitor and/or the Custom Stand Builder; or
e) any loss or damage the Organiser suffers due to any act or omission of the Exhibitor and/or the Custom Stand Builder.
32. 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
33. The Organiser reserves the right to amend, vary, or update these terms and conditions at any time by giving written notice to the Exhibitor. Changes will take effect 14 days after notice is given. Continued participation after that time will constitute acceptance of the amended terms and conditions.
34. 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.

GOVERNING LAW
35. These terms and conditions are governed by the laws of the State or Territory of the relevant event location. The parties hereby submit to the non-exclusive jurisdiction of the Courts of the relevant State or Territory.