THE CONTRACT
1. The term “Organiser” refers to The Production House Group Pty Ltd (TPHG) and includes associations, corporate and government bodies who have engaged TPHG as their representative.
2. The term “Exhibitor” includes any person, firm, company or corporation and its employees and agents identified in the Application Form or other written request for exhibition space or sponsorship.
3. The “Owner” refers to the Australasian Society of Aesthetic Plastic Surgeons (ASAPS), the owner of the Event.
4. The “Event” refers to the Non-Surgical Symposium 2020 (NSS) commencing 27 November 2020 and includes the time prior to the official commencement of the Event for setup, and after the official close of the Event for the pack-down, and all times during the Event.
5. A “contract” is formed between the Organiser and Exhibitor when the Organiser accepts the signed Application Form and receives a minimum of 50% of the total owing within 14 days from the tax invoice.
6. The Organiser may cancel the contract at their discretion if the agreed deposit is not received within 14 days of the tax invoice. Additionally, the Organiser reserves the right to cancel the contract by returning the deposit within 28 days of receipt.
THE APPLICATION
7. An official Application Form must be received to reserve space. By completing the Application Form, the Exhibitor confirms that they have
read and agree to abide by these terms and conditions.
8. The Organiser reserves the right to refuse an application or prohibit any Exhibitor from participation without assigning a reason for such refusal or prohibition.
9. Booth availability may be limited or restricted, and allocations and available quantities will be advised upon processing the Application.
PAYMENT & CANCELLATION
10. A 50% deposit of the total fees is required to be paid within fourteen (14) days of the tax invoice being issued. This payment will secure your booking. The tax invoice will be issued within seven (7) days of the completed Application Form being received by the Organiser.
11. The final 50% balance will be invoiced to the Exhibitor and must be paid four (4) months prior to the Event’s commencement.
12. All prices listed are in AUD and inclusive of GST.
13. If the Exhibitor wishes to cancel their participation, a request must be submitted to the Organiser in writing. Any deposit payments received and/or due at the time of cancellation will be forfeited by the Exhibitor.
14. If the Exhibitor cancels within four (4) months of the Event, the Organiser reserves the right to charge the full fees to the Exhibitor.
15. No Exhibitor shall occupy allocated exhibition space until all monies owing by them to the Organiser are paid in full.
16. If the Exhibitor fails to occupy their allocated exhibition space by the advertised opening time, the Organiser is authorised to occupy this space in any manner deemed to be in the best interest of the Exhibition. The Exhibitor contracted to this space will remain liable to all Terms and Conditions of the Contract and will not be eligible for a refund.
OBLIGATIONS AND RIGHTS OF THE ORGANISER
17. The decision of the Organiser is final and decisive on any question not covered in this contract.
18. The Organiser agrees to hold the Event however, reserves the right to postpone the Event from the set dates and to hold the Event on other dates as near to the original dates as possible, utilising the right only when circumstances necessitate such action and without any liability to the Owner or the Organiser.
19. The Organiser agrees to promote the Event to maximise participation.
20. The Organiser agrees to allocate the Exhibitor an exhibition space as close as possible to their desired location.
21. The Organiser reserve the right in unforeseen circumstances to amend or alter the exact site of the location of the stand and the Exhibitor undertakes to agree to any alteration to the site or the space re-allocated by the Organiser.
22. The Organiser reserves the right to change the exhibition floor layout if necessary.
23. The Organiser is responsible for the control of the exhibition area only.
24. The Organiser may shorten or lengthen the duration of the Event and alter the hours during which the exhibition is open.
25. The Organiser agrees to provide the Exhibitor with an Exhibition Manual prior to the Event for the purpose of communicating required actions on the part of the Exhibitor.
26. The Organiser has the right to act based on verbal or written directions including those contained in the Exhibition Manual. This is to ensure that all laws in connection with the Event are complied with, to prevent damage to person or property and to maximise the commercial success of the Event.
27. The Organiser may refuse, without limitation, to permit activity within the Event or may require cessation of activities at their discretion.
28. The Organiser reserves the right to specify heights of walls and coverings for display areas.
29. The Organiser reserves the right to disapprove the content and presentation of the Exhibitor catalogues, acknowledgements, handbills and printed matter with respect to the Event.
30. The Organiser may determine the hours during which the Exhibitor will have access to the Event venue for the purpose of setting up and dismantling.
31. The Organiser reserves the right to refuse any person including exhibitor staff, representatives, visitors, contractors and/or agents’ entry to the Event if they do not hold a purchased or complimentary entry card.
32. The Organiser will specify conditions relating to the movement of goods and displays, prior, during and after the Event.
33. The Organiser will specify any regulations regarding sound levels including microphones, sound amplification, machine demonstrations and videos. The Exhibitor agrees to abide by these.
34. The Organiser will arrange security onsite during the period of the Event but will accept no liability for loss or damage.
35. The Organiser will arrange for daily cleaning of aisles outside the Event open hours.
OBLIGATIONS AND RIGHTS OF THE EXHIBITOR
36. The Exhibitor must ensure that all accounts are finalised and paid prior to the allocated exhibition move-in period.
37. The Exhibitor must use allocated space only for the display and promotion of goods and/or services within the scope of the Event.
38. The Exhibitor must make every effort to maximise promotion and commercial benefits of participating in the Event.
39. The Exhibitor must comply with all directions / requests issued by the Organiser including those outlined in the Exhibition Manual.
40. The Exhibitor must comply with all applicable laws, including laws in relation to Workplace Health and Safety (WH&S). The Exhibitor will therefore act with care to avoid damage to persons or property during the Event.
41. The Exhibitor must ensure the cleanliness and tidiness of their allocated space. Upon the conclusion of the Event the Exhibitor will promptly remove all exhibits, tools and other materials. If the Exhibitor fails or refuses to do so, the Organiser will arrange for this to be done by an external party at a cost to be paid by the Exhibitor.
42. The Exhibitor will not display an exhibit in such a manner as to obstruct or affect neighbouring exhibitors. This includes blocking or projecting light, impeding or projecting into aisles or neighbouring exhibition spaces.
43. The Exhibitor will submit plans and visuals of custom designed exhibits to the Organiser for approval prior to the commencement of the Event. Exhibitors failing to do so may be denied access to the Event to build or may be requested to cease building. A valid Insurance Certificate of Currency for independent exhibition contractors must be submitted prior to the Organiser granting this company access to the Event.
44. The Exhibitor is responsible for all items within their allocated exhibition space.
45. The Exhibitor agrees to adhere to all fire regulations and will refrain from using flammable or dangerous materials within the Event. Written approval must be sought from the Organiser if flammable or dangerous materials are required for the success of the exhibit.
46. The Exhibitor will not use nails, screws or other fixtures on any part of the premises including walls and floor unless authorised by the Organiser. In any case, all permanent damage will result in the Exhibitor being invoiced for all repairs.
47. The Exhibitor acknowledges that the Organiser has a preferred freight forwarder and agrees to comply with all instructions relating to delivery times. If an alternate freight forwarder is engaged, the Exhibitor acknowledges that the Organiser will not be able to aid in tracking lost deliveries. The Exhibitor agrees that the Organiser will not be liable for any goods rejected by the venue, lost or damaged prior to the delivery date specified or on return.
48. The Exhibitor agrees to abide by requests made by the Organiser to stop any activity that may cause annoyance to others in the Event.
49. The Exhibitor agrees to conduct all business transactions within their allocated exhibition space unless otherwise approved by the Organiser.
STORAGE OF GOODS
50. Unless otherwise communicated storage will not be provided onsite at the Event. Under no circumstance are goods permitted to be stored in public access areas.
STAND SERVICES AND CONSTRUCTION
51. Official contractors will be appointed by the Organiser to undertake stand construction and freight forwarding plus supply furniture, electrics, telecoms and IT equipment. This is for insurance and security reasons. All non-official contractors wishing to enter the Event are required to produce current Certificates of Currency for Insurance, Public Liability and WH&S. Access will be denied without such documentation.
INSURANCE AND LIABILITY
52. It is the responsibility of each Exhibitor to ensure that their stand and goods on display are adequately insured for theft and damage. All exhibitors shall insure, indemnify and hold the Owner, the Venue and the Organiser harmless in respect of all costs, claims, demands and expenses. Exhibitors are responsible for any injury to persons and damage to property or the Event environment caused during the setting up, operation, dismantling and removal of the exhibition.
53. All Exhibitors must have Public Liability Insurance for the period of the Event and must be able to produce this documentation immediately at the request of the Organiser.
54. Exhibitors must insure, indemnify and hold the Organiser harmless in respect of all damages, injuries, costs, claims, demands, expenses and interest for which the Organiser may become liable.
55. Whilst the Organiser will endeavour to protect exhibition property whilst on display at the Event, it must be clearly understood that the Venue, the Owner and the Organiser cannot accept liability for any loss or damage to property sustained or occasioned from any cause whatsoever.
56. The Organiser shall not be liable for any loss, which the Exhibitor may incur as a result of the intervention of any Authority, which prevents the use of the premises or any part thereof in any manner whatsoever.
57. The Organiser will not be liable and makes no guarantee of the number of visitors to the Event. Equally the Organiser will not be accountable for the level of commercial activity generated.
MISCELLANEOUS
58. The law of Queensland from time to time governs these terms and conditions.
59. The Organisers’ failure to enforce any of these terms shall not be construed as a waiver of any of the Exhibitor’s rights.
60. If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from these terms, without affecting the enforceability of the remaining terms.
PATIENT DEMONSTRATIONS
61. Exhibitors who intend to perform live demonstrations of any kind, including patient demonstrations, during the Event must notify the Organiser in writing of the type of demonstrations that they intend to perform.
62. Exhibitors are required to notify the Organiser of any patients, models or other third parties attending the Event as a guest of, or for the purpose of participating in a live demonstration run by, the Exhibitor, and must register them accordingly with the Organiser.
63. The Exhibitor is responsible for removing and properly disposing of all sharp, flammable or dangerous objects or equipment used in or associated with the live demonstration(s).
64. The Exhibitors acknowledge that it is the sole responsibility of the Exhibitor to provide a medical practitioner for the purpose of supervision or resuscitation for any live demonstrations run by the Exhibitor, and that the Organiser are in no way responsible for, and will not provide, any medical practitioners for these purposes.
65. The Exhibitors acknowledge that they have full responsibility for any patient or person involved in a live patient demonstration, and that the Organiser is in no way responsible for the patient or person who is the subject of the live demonstration.
66. The Exhibitor indemnifies the Owner and the Organiser for any liability or loss suffered or incurred by the Owner or Organiser which arises directly or indirectly out of a claim made by any patient or person involved in a live patient demonstration performed by the Exhibitor