Mudgee Small Farm Field Days – Terms and Conditions.
Where the context permits the following words shall have the following meaning:
“AREC” shall mean the Australian Rural Education Centre Co-operative Ltd, who is the owner and organiser of the Mudgee Small Farm Field Days event.
“the Site/s” shall mean the exhibition space at the Australian Rural Education Centre, and such other area(s) nominated by AREC.
“AREC Land” shall mean the land owned by AREC.
“the Exhibitor” shall mean and include the Exhibitor, its employees or agents,
“the Event” shall mean the Mudgee Small Farm Field Days, but not restricted to the public days of the event.
1. These Terms and Conditions apply to the exclusion of all others including terms and conditions incorporated in any purchase order. The Exhibitor acknowledges and agrees to be bound by these terms.
2. AREC may at it’s discretion refuse any site application.
3. AREC shall have the right to nominate the situation of
the sites(s) applied for by the Exhibitor within the areas
indicated on the application and the Exhibitor shall only have a
licence to occupy the site(s) so nominated during the period
of the event.
4. The Exhibitor shall not be entitled to assign or part with
possession of the whole or any part of the site(s) without the
prior written consent of AREC (no site sharing, piggy-backing, sub-letting)
5. The exhibitor shall be responsible for the condition of the
site(s) during the period of the Event. The exhibitor is responsible to ensure that the site is not deficient on any regard for the safe operation of their exhibit and notify AREC of such deficiency.
Upon the close of the event shall clear the site(s) within 14 days of the last day of the event and shall reinstate the same to the condition
thereof at the commencement of the licence to the satisfaction
of the management of AREC. In the event that the sites(s)
shall not be cleared and reinstated as aforesaid the Exhibitor
shall reimburse AREC for any costs incurred by it in
clearing and reinstating the site(s).
6. The exhibitor acknowledges that the Work Health and Safety legislation, associated Acts and Regulations (“the Acts and Regulations”) impose obligations on the exhibitor in respect of the creation and maintenance of a safe environment for both their employees and visitors. The exhibitor warrants that any ,materials, goods, plant or machinery used, stored, offered for sale or otherwise displayed on the site is fit for use in any work place and must be free of any faults and of a standard necessary to comply with the Acts and Regulations.
7. The exhibitor occupies the Site at their own risk. AREC is not liable to the Exhibitor, and the Exhibitor releases AREC, from any breach of contract or duty of care. The exhibitor acknowledges that AREC is not responsible for, and releases and discharges AREC from any direct, indirect or consequential loss or expense suffered by the exhibitor or any third party, howsoever caused from the use and occupation of the Site (or the inability to use of occupy the Site) including breach of statutory or common law warranties and negligence. The exhibitor agrees to indemnify AREC from and against all liability and losses (including costs on a full indemnity basis) which may be incurred by the exhibitor as a result of the use and occupation of the site any resulting action or court proceedings including any claim made by a third party.
Further, the exhibitor shall be responsible for and indemnifies AREC against:-
(a) any pollution or environmental harm caused by the exhibitor to the Site or to AREC’s property; and
(b) any costs or orders issued by any authorised statutory body in respect to the investigation, clean up or remediation in relation to the Site or to AREC’s property by reason of the exhibitor’s use or occupation of the Site or AREC’s property including.
8. AREC shall not be held liable for the loss of or damage to the Exhibitor’s property whilst on the AREC Land.
9. AREC shall have the right to retain or sell by public auction or private treaty any structure or any plant equipment goods or other articles that shall remain upon the AREC Land after four weeks after the last day of the event. Hereof and the Exhibitor hereby irrevocably authorises AREC to effect such sale or possession and on the Exhibitor’s part to give full and clear title to the purchaser AND AREC may retain for its own use the proceeds of any such sale.
10. If AREC should find it necessary expedient or desirable to cancel or postpone the event that this licence shall cease to operate upon notice to that effect being served on the Exhibitor personally or by posting such notice to him by prepaid post to the address shown in the application and AREC shall not be liable to the Exhibitor for any compensation whether on the ground of loss of profits or otherwise in respect of such cancellation or postponement and the Exhibitor shall not be entitled to any refund or payment of any money paid by the Exhibitor in relation to the licence.
11. AREC reserves the right to cancel this licence by notice served on the Exhibitor in the manner provided in clause 10.hereof in the event of an occurrence or happening which in the opinion of the manager of AREC justifies it in so doing and without affecting the generality hereof in the event of any breach of these conditions or if the Exhibitor does not occupy the site(s) at the commencement of and during the full period of the event AND AREC shall not be liable to pay the Exhibitor any compensation whether on the ground of loss of profit or otherwise or to refund any money paid by the Exhibitor hereunder in respect of such cancellation.
12. The Exhibitor shall effect Public Risk Insurance in respect of its liability whilst within the site and produce evidence thereof to AREC upon request.
13. The Exhibitor shall conform with the requirements of all Acts of Parliament which may govern the erection of structures the display and/or sale of machinery vehicles and all other products or goods of the Exhibitor and the Regulations By-Laws and Ordinances made under such Acts.
14. The manager of AREC or other person appointed by AREC shall have the power to enter upon the site(s) of any Exhibitor 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.
15. The Exhibitor shall not conduct promotions outside of the allocated site, this includes distribution of leaflets and other promotional materials. The dropping of advertising leaflets or other printed material from aircraft over the AREC Land is prohibited.
16. The use of amplifiers or loud speakers by an Exhibitor should not negatively impact on other exhibitors as deemed appropriate by AREC management.
17. The Exhibitor shall not conduct or permit or suffer to be conducted on the sites(s) by competition game or sale by auction without prior approval of AREC.
18. Should any activities undertaken by an Exhibitor require a licence or permit of some type, it is the Exhibitors responsibility to ensure such licences or permits are in place with any approving authority or agency. 19. No livestock other than those provided or approved by AREC shall be brought onto AREC Land.
20. The Exhibitor agrees that 80% refunds are given for cancellations made in writing 21 days prior to the first day of the event, and that no refund is payable for cancellations made later than 21 days prior to the event.
21. No machinery vehicles goods or other articles displayed shall be removed from the Exhibitor’s site(s) before the advertised close of the event to the public.
22. Any building structure fences etc. erected on any site(s) by the exhibitor shall be entirely at the risk of the exhibitor who shall be responsible for its maintenance or protection from damage at all times AND no action claim or demands shall be made or taken against AREC for any damage caused whatsoever and howsoever including any action for negligence or trespass.
23. Exhibitors shall at all times comply with any directions that may be given by the manager of AREC whilst the Exhibitor is upon the site.
24. The site will close between 7pm and 6:30am during the period of the event and no person shall be permitted on the AREC Land whilst closed.
25. From time to time AREC may share exhibitor information with event sponsors, equipment supplies and media promotions. Should you wish to not receive any information from event sponsors, please ask to be removed from AREC’s sponsors mailing lists in writing to Australian Rural Education Centre Co-operative Ltd PO Box 12, Mudgee NSW 2850