Trade Exhibitor Booking Terms and Conditions

• Booking Terms and conditions

   

  1. Acceptance of Terms. These Exhibitor Vendor Rules & Regulations (including any amendments thereto by AUSTSWIM, the “Exhibitor Rules”) apply to each Exhibitor, Trade Team, or other vendor exhibition (each, an “Exhibitor”) owned or organised by AUSTSWIM. The vendor (“Exhibitor”), if granted (or if it otherwise uses or has the right to control) an Exhibitor space (whether or not such space is validly applied for), is bound by these terms and conditions, Booking Form and Event Information (Contract). Any failure by Exhibitor to promptly comply with any provision of the Contract (“Non-Compliance”) will constitute a breach of contract and may, if AUSTSWIM elects in its sole discretion, result in closure (or restriction) of Exhibitor’s Exhibitor space, and/or termination (or restriction) of Exhibitor’s Exhibitor rights at future AUSTSWIM events; in each case (except as otherwise provided in the Contract) without any right to refund or compensation to Exhibitor.
  2.   Application for Participation. All applications for participation must be made on the prescribed Booking Form with full payment. No purchase of space shall officially be completed nor shall access to the Exhibition be granted until full payment is made.
  3.  Booking Forms are handled on a first-come, first-served basis, and Exhibitor spaces are subject to availability. AUSTSWIM also reserves the right to accept or reject, for any reason, any application for any Exhibitor space. Booth/location preference is not guaranteed. AUSTSWIM reserves the right to relocate any booth in the interest of a better showing of exhibitors or any other reason AUSTSWIM deems appropriate.
  4. Cancellation requests by Exhibitor must be in writing and delivered to AUSTSWIM at least 31 days prior to the event, in which case AUSTSWIM will return 50% of the amount paid by Exhibitor for its space with respect to that Exhibitor.   Cancellations made fewer than 31 days prior to the event will result in forfeiture by Exhibitor of the total amount paid by Exhibitor.
  5. Late Arrivals. If Exhibitor anticipates arriving at (or setting up) the Exhibitor location later than the date or time communicated by AUSTSWIM as the proper bump-in window (a “Late Arrival”), Exhibitor shall promptly notify AUSTSWIM.   For any Late Arrival, AUSTSWIM reserves the right to (a) re-assign Exhibitor’s space to a third party to ensure a professional appearance of the Exhibition (including without limitation by having a contiguous row of occupied Exhibitor spaces (i.e., no “gaps”) on every day of the Exhibition) and to assign Exhibitor to a replacement space after the Late Arrival, and/or (b) require Exhibitor to bump-in only after the Exhibition is closed for the day (i.e., “after hours”) or during event session times.
  6. Not Transferable. Exhibitor shall not assign or delegate any of its rights or obligations under the Exhibitor Contract. Exhibitor spaces are not transferable. Exhibitor shall not assign, share, or sublet any part of the Exhibitor space. Only Exhibitor’s own business and products/services may be promoted in its Exhibitor space.   Any purported assignment, transfer, sublicense, or delegation in violation of the Contract is void from the beginning.
  7. Prohibited Activities and Products. AUSTSWIM reserves the right to remove Exhibitor and its accompanying exhibit material from the Exhibition if AUSTSWIM deems, in its sole and absolute discretion, any activity or presentation inappropriate or detrimental to AUSTSWIM, other exhibitors, the public, consumers, employees, contractors, or the professional nature of the Exhibition. AUSTSWIM reserves the right to prohibit Exhibitor from exhibiting, keeping, or promoting in the Exhibitor space any goods or services that AUSTSWIM reasonably deems detrimental or harmful to AUSTSWIM, the event, the host venue, or any third party (including without limitation any other sponsors or exhibitors to which AUSTSWIM has granted exclusivity (or other preferential right) with respect to any product or service category in connection with the Exhibitor or the applicable event). Exhibitor shall not display information or advertising or supply entry forms in relation to any non-AUSTSWIM events of any kind unless Exhibitor has received prior written approval. Exhibitor shall give advance written notice to AUSTSWIM of any promotional competitions / giveaways that Exhibitor will conduct at or in connection with the Exhibitor.
  8. Safety; Security. AUSTSWIM will not be responsible for the safety of Exhibitor spaces, exhibits, exhibit material, and/or Exhibitor’s merchandise, products, equipment, goods, signage, or personnel (“Exhibitor Items”) against theft, fires, accident, or any other cause before, during, or after the Exhibition. Exhibitor understands that the Exhibition may be held outdoors, and that the Exhibitor is responsible for the safety of its exhibit during inclement weather. Although it is anticipated that security personnel will be on duty during non-Exhibitor hours, all property within or in connection with Exhibitor space is solely Exhibitor’s responsibility. Exhibitor shall make provisions for the safekeeping of its Exhibitor Items before, during, and after the Exhibition.
  9. Operation/Use of Exhibitor Spaces. During the construction and dismantling of its Exhibitor space/stand/booth, Exhibitor must comply with the time periods scheduled for such activities as set out in the Event Information or as otherwise communicated to Exhibitor. At all times while the Exhibitor is open to visitors, Exhibitor shall ensure that its Exhibitor space/stand/booth is continuously manned and open to visitors. AUSTSWIM reserves the right to require Exhibitor to remove all trash, debris, third-party items, and Exhibitor Items that in the reasonable opinion of AUSTSWIM may be considered to be offensive or a conflict with sponsor/exhibitor restrictions. No staples, nails, etc. are permitted on the Exhibitor booth/stand walls. Exhibitor shall not make or allow any noise, music, or sound that, in reasonable discretion, is a nuisance or otherwise adversely affecting other exhibitors, any visitors, or the public.
  10. No Auctioning; No Activities Outside Booth. Exhibitors shall not auction, or cause to be auctioned, any goods or services at or in connection with the Exhibitor. Any solicitation of business or any offering of advertising material, products, services, samples or publications by the Exhibitor may take place only from within Exhibitor’s space. “Mobile” sampling or other “mobile” sales or marketing efforts are not permitted.
  11. Bump-Out; Clean-Up. Exhibitor shall not pack or dismantle any part of its Exhibitor space or Exhibitor Items (or begin to pack or dismantle) prior to the published Bump-Out time (of, if applicable, the time of termination of the Contract or cancellation of the Exhibitor). Prior to such time (as applicable), Exhibitor must remove all trash, debris, third-party items, and Exhibitor Items before the time indicated by AUSTSWIM, and Exhibitor shall ensure that the Exhibitor space is restored, to the reasonable satisfaction, to the state and condition as it was immediately before the Exhibitor. If Exhibitor fails to do so, AUSTSWIM reserves the right to impose a reasonable fee for trash removal (which Exhibitor hereby agrees to pay, and hereby authorizes AUSTSWIM to charge the credit card, if any, provided by Exhibitor to AUSTSWIM for payment of Exhibitor space rental fees).
  12. With respect to and during Exhibitor’s involvement with the Exhibition, Exhibitor must maintain in full force and effect Comprehensive Public Liability insurance, providing at least $10,000,000 in coverage per occurrence. Nothing in this paragraph limits the amount of liability for which Exhibitor may be responsible. Such policies must name AUSTSWIM as additional insureds. Upon request, Exhibitor shall promptly (within 3 business days) provide to AUSTSWIM a copy of a certificate that evidences the insurance coverage and additional insureds required hereby.
  13. Exhibitor shall indemnify, defend, and hold harmless AUSTSWIM, each of its affiliates, each of their respective successors and assigns, and each of the respective owners, contractor’s, directors, officers, employees, partners, managers, representatives, and agents of AUSTSWIM and such affiliates, successors, and assigns from and against any and all claims, causes of action, losses, damages, injuries, deaths, harms, liabilities, suits, proceedings, settlements, judgments, awards, fines, penalties, taxes, court costs, fees (including any attorneys’ fees, legal fees, expert fees, accounting fees, or advisory fees), charges, costs, or expenses directly or indirectly arising out of, relating to, or in connection with: (a) operation, use, set-up, bump-out, over-stay, or holdover of Exhibitor’s Exhibitor space (including without limitation any injury or death to any person, or any loss, damage, theft, or destruction of any property, in connection with such Exhibitor space); or (b) any violation by Exhibitor of any of the Contract.
  14. Force Majeure. Neither AUSTSWIM nor any of its affiliates will be liable for any loss sustained by Exhibitor directly or indirectly attributable to the cancellation, suspension, rescheduling or reduction of the scheduled event from the period advertised for reasons beyond AUSTSWIM reasonable control including without limitation acts of war, strikes, lockouts, military activity, municipal, statutory or civil authority requisition, any act of nature, fire, flood, tempest, volcano, inclement weather, earthquake, or combinations of any of the foregoing, or damage caused by an aerial object or aircraft.
  15. Compliance with Law. Exhibitor shall comply with all applicable health, fire, electrical, safety, noise, and all other applicable laws and regulations (“Laws”) in connection with its participation in the event. Exhibitor shall obtain and pay for all consents, approvals, authorities, licences, and the like as may be required by Laws in connection with its participation in the Exhibition.   Exhibitor is responsible for paying all GST or other tax, fees, or levies relating to any sales or other activity by Exhibitor at or in connection with the Exhibition.
  16. Binding Effect; No Third-Party Rights. The Contract is binding on, and will ensure to the benefit of, Exhibitor and its successors and permitted assigns (or, as applicable, its heirs and representatives), and on AUSTSWIM and its successors and assigns. Subject to the immediately preceding sentence, no third party has or will have any rights or remedies under or in connection with the Contract.
  17. Dispute Resolution. The Contract is governed by the laws applicable within the State or territory in which the Exhibition takes place. The parties shall attempt to resolve any dispute or disagreement between the parties relating to or arising in connection with either any interpretation of the Contract or the performance or non-performance thereof direct negotiations between the parties.   If such direct negotiations are unsuccessful, then such dispute or disagreement will be resolved by arbitration. Unless otherwise agreed to by both parties in writing, any such arbitration will be conducted in VIC, Australia. For the purpose of judicial enforcement, the judgment upon any award rendered by the arbitration tribunal may be entered in any court having jurisdiction thereof.
  18. The captions and section headings in the Contract are for convenience of reference only and will not affect or be utilized in construing or interpreting the Contract or any portion thereof. If any term, clause, or provision of the Contract is held invalid or unenforceable by a court of competent jurisdiction, such invalidity will not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision will be deemed to be severed from the Contract. The Contract will be construed without regard to any presumption or rule requiring construction or interpretation against the party that drafted (or caused to be drafted) the Contract or any portion hereof.
  19. Entire Agreement; Modification. The Contract sets forth the entire agreement and understanding of the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous agreements, arrangements, and understandings, whether written or oral, between the parties. Except as expressly set forth in the Contract, there are no promises, conditions, representations, understanding, interpretations, or terms of any kind as conditions or inducement to the execution of the Contract or in effect between the parties with respect to the subject matter hereof. AUSTSWIM, at its sole discretion, may from time to time make reasonable changes, amendments, or additions to the Event Information. Any changes, amendments, or additions shall be binding on Exhibitor.
  20. Non-Compliance and Termination. The Contract may be terminated by AUSTSWIM by notice to the Exhibitor upon the occurrence of any of the following events: (a) Non-Compliance by Exhibitor; (b) The Exhibitor Space or any other material portion of the overall Exhibitor becomes unfit for occupancy or use or the Exhibitor is cancelled; or (c) The holding of the Exhibitor or the performance of the Contract by AUSTSWIM is substantially or materially interfered with due to any cause or causes not reasonably within the control of AUSTSWIM.   Upon termination of the Contract for whatever reason, any allocation of Exhibitor Space shall automatically be cancelled, and all payment made in respect of the Exhibitor Space will be forfeited and AUSTSWIM shall have the right to claim for the balance of the amount due and for any loss or damages suffered by AUSTSWIM as a consequence thereof. If the termination of the Contract results other than from cancellation of the Exhibitor, AUSTSWIM shall be entitled forthwith to re-licence the Exhibitor Space. If

          a) AUSTSWIM is able to re-licence the Exhibitor Space, it may, in its sole    discretion, refund all or part of the Exhibitor’s payment.

  1. Non-Waiver. No failure or delay by AUSTSWIM to exercise any right, power, or privilege hereunder or other provisions of the Contract will operate as a waiver thereof nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege of AUSTSWIM.