Refers to TravMedia Australia, the company responsible for organising TravMedia’s International Media Marketplace ‘IMM’.
Refers to an exhibitor contracting to take a table, sponsorship opportunity or other commercial benefits at TravMedia’s International Media Marketplace ‘IMM’.
Refers to IMM Australia 2023.
This contract includes all terms and conditions, together with any express terms agreed between the parties in writing (including by email) between the Organiser and the Exhibitor.
Changes to these terms and conditions will only be of effect if they are made in writing and signed by an authorised official of TravMedia, and shall notwithstanding be of no effect if they increase the liabilities of the Organiser or its employees and agents.
Nothing in this contract shall create any rights for third parties under the Contracts (Rights of Third Parties) Act 1999. No variation to this contract shall create any such rights unless expressly so stated in any such variation.
The Exhibitor expressly acknowledges that this contract constitutes the entire agreement between the Exhibitor and the Organiser in relation to the subject matter hereof and supersedes and extinguishes any prior agreements, arrangements or understandings in connection with the subject matter hereof. No variation of or amendment to this contract shall be valid unless made in writing and signed by or on behalf of each of the Organiser and the Exhibitor.
The failure of the Organiser at any time to enforce any provision of this contract or the Rules and Regulations shall not affect its rights thereafter to require complete performance by the Exhibitor, nor shall the waiver of any breach of any such provision be taken as or held to be a waiver of any subsequent breach or to be a waiver of the breach itself.
This contract shall be construed in accordance with Australian Law, with the Exhibitor agreeing to the jurisdiction of Australian Courts.
Exhibitors will not be allowed to exhibit at the Event unless they have paid in full their fees due on the Booking Form within the payment period stated on the invoice sent to the Exhibitor. In the case of Exhibitors making a booking within the final 30 days before the Event, the invoice must have been paid in full at least seven days prior to the Event itself. In the event of total or partial non-payment, the Organiser shall be within its legal rights to withdraw any support or services from the Exhibitor until all outstanding invoices have been paid. Exhibitors shall be responsible for paying any amounts due for support or ancillary services in connection with their involvement at the Event and doing so in line with the terms on payment dates (above).
The Exhibitor shall be allocated space at the Event in accordance with the Booking Form but shall not be guaranteed any particular part of the Event floor. The Organiser also holds the right to alter the floor plan after it is first published, without giving notice to the Exhibitor.
The space secured by an Exhibitor may not be assigned, lent or given to any other brand than the Exhibitor name identified on the Booking Form, nor may any other benefit secured under this contract be assigned, lent or given to any other brand.
Exhibitors may not allow any other brand or person unconnected with the Exhibitor’s name as identified on the Booking Form to promote the Exhibitor brand, or any other brand, or distribute information relating to the Exhibitor brand, or any other brand, during the Event. This shall not apply to any subsidiary or connected brands of the Exhibitor listed on the Booking Form and which are agreed with the Organiser by virtue of the Booking Form.
The Event shall run from 8:00am – 5:30pm AEDT, and Exhibitors must make sure their table(s) are manned by nominated staff (only) during these times.
Admission into the Event for Exhibitors shall be by personalised registration.
The Organiser shall be entitled to ask an Exhibitor to remove an exhibit or promotional literature if the Organiser believes the item is libellous, obscene or otherwise likely to damage the good reputation of the Event.
OCCUPATION OF SPACE
The Exhibitor shall prepare their table by the time the Event is open. Any Exhibitor who has not done so may be deemed to have cancelled and may have their appointments and table reallocated to another Exhibitor. No Exhibitor may vacate their table before the time at which the Event closes.
LOSS, THEFT OR DAMAGE
The Organiser shall not be responsible for the loss, theft or damage to any items brought to the Event by the Exhibitor and the Exhibitor’s staff. The Exhibitor is therefore advised to insure its belongings separately.
The Organiser shall not be responsible for any errors or omissions in the official Show Program.
The Organiser shall not be responsible for any errors or omissions on the Event platform. All Exhibitors are responsible for the information displayed on the Event platform and at their table(s).
A completed Booking Form is deemed conclusive evidence of the Exhibitor’s agreement to pay in full for attending the Event. Once completed, any amounts unpaid will be due to the Organiser under the contract in line with these terms and conditions.
Cancellations of Exhibitor registrations made before 1 November 2022 will receive a 100 percent refund less any associated costs already incurred by the Organiser, including but not limited to venue fees, marketing collateral and the Organiser’s staff time.
Cancellations of exhibitor registrations made between 1 November 2022 and 31 December 2022 will receive a 50 percent refund less all associated costs already incurred by the Organiser.
A cancellation submitted on or after 1 January 2023 (or any no-shows) will not be eligible for a refund.
All cancellation notices must be received in writing to email@example.com
In agreeing with all the above terms, you also acknowledge that TravMedia will not be held liable for any financial responsibilities incurred on the part of individual delegates or organisations, including travel or insurances.
Unless otherwise stated, the Exhibitor shall indemnify the Organiser and its employees and agents against all claims, costs, demands, proceedings and losses (including negligence) whatsoever made against or incurred by the Organiser (or such other persons as aforesaid) resultant from the Exhibitor exhibiting, advertising, promoting, selling or supplying any goods or services at the Event. The maximum liability of the Organiser is limited to the value of the Exhibitor fee.
INSURANCE AND EXCLUSIONS
(i) The Organiser, its officers, employees, servants or agents shall not be liable for any loss or damage (including consequential or indirect loss or damage) suffered by the Exhibitor, its officers, employees, agents, contractors or invitees, whether such loss or damage arises from breach of a duty in contract, or tort, or in any other way, and which shall include (but not by way of limitation) loss of profits, loss of contracts and loss of or damage to property or goods of the Exhibitor or any person.
(ii) The Organiser shall not be liable in respect of any contract entered into between the Exhibitor and any official third party contractor appointed by the Organiser for the negligence or default of any such contractor or its officers, employees or agents.
(iii) Nothing in this contract excludes or limits the liability of the Organiser for death or personal injury caused by the Organiser’s negligence or for fraud or fraudulent misrepresentation for any other matter for which it would be illegal for the Organiser to exclude or attempt to exclude its liability.
POSTPONEMENT OR VARIATION
(i) The Organiser and its respective officers, agents and employees shall not be liable for loss, damage or delay resulting from acts of God, acts of war, adverse weather, pandemic, civil commotion, strikes or lock-outs, intervention or regulation, military activity or any other circumstances which shall make it impossible or inadvisable to hold the Event on the designated dates, and the Organiser reserves the right to re-schedule the Event to another date (subject to the overriding terms of point ii below). Furthermore, the Organiser will not be responsible to the Exhibitor should any conflicts or misinterpretations arise with its sponsors, agents or other bodies regarding any and all aspects of the Event that may affect the Exhibitors. The Exhibitor is recommended to adequately insure their participation expenses in case of such cancellation. The Exhibitor acknowledges that if the Event is rescheduled, the Organiser will have sustained damages and losses as a result, and the Exhibitor hereby waives all claims for damages or compensation against the Organiser. The sum paid to the Organiser as fees or otherwise in connection with the Event shall remain the property of the Organiser.
(ii) The Exhibitor shall not have any claim against the Organiser in respect of any loss or damage whatsoever consequent upon the Event failing to be held or cancelled by the Organiser for lack of sufficient support.
(iii) If the Event is cancelled or postponed for any reason, any payment made by the Exhibitor will be set against the costs incurred by the Organiser.
The Exhibitor acknowledges that the Organiser shall not be held responsible for the failure of all or any other contracted Exhibitors to attend the Event or the failure of any number of delegates to attend the Event for any reason. Whilst the Organisers shall act in good faith, the name of any Exhibitor which may appear on any Event program or table number or any statement made by or on behalf of the Organiser that any Exhibitor is booked to attend the Event provisionally or otherwise shall not constitute any warranty, representation or undertaking by the Organiser that any such Exhibitor will attend.
The Event date and program are subject to change based on health conditions and possible restrictions related to COVID-19.
SETTING UP TABLES
(i) The Exhibitor hereby acknowledges that the Organiser has appointed official contractors in conjunction with the Venue Owner to set up the Event. Where directed by the Organiser, the Exhibitor must use these contractors to help set up the Exhibitor’s table(s). However, an Exhibitor may be permitted to appoint another contractor to design and set up their Event table, a sponsored table or other dedicated space, subject to the Organiser being formally advised in writing in advance of the show. Tables and other dedicated spaces may only be created whose design specifications have been approved in advance by the Organiser and Venue Owner.
(ii) Tables shall not obstruct the view of adjoining Exhibitors nor be operated in any manner objectionable to other Exhibitors. All lighting within the Event must be arranged and operated so as not to be distracting to adjacent Exhibitors. Video, sound and other technical equipment must be operated in a manner acceptable to the Organiser. The Organiser’s decision on whether any such item is acceptable shall be final.
(iii) The Exhibitor acknowledges that it has responsibility for the furniture, fixtures and fittings hired through the Organiser or its contractors and will pay for any damage or loss thereto.
(iv) All materials used for building, decorating or covering tables must be non-flammable. Exhibitors must comply with all instructions given by the relevant authorities to avoid the risk of fire or any other risk.
(v) The following are excluded from the Event without prior approval of the Organiser: lasers, explosives, detonating or fulminating compounds, and all dangerous or harmful substances, including primings and fireworks. All such objects can only be used in the form of imitations and on the condition they contain no flammable matter.
The Organiser is not responsible for assisting the Exhibitor in obtaining a passport and visa for entrance into the country where the Event is to be held. The fact that the Exhibitor is unsuccessful in obtaining these documents from the necessary government authorities will not constitute a basis for cancellation of this contract, and it is clearly understood that no refunds whatsoever will be made outside of the above cancellation period. Nor is the price of booking a table supposed to imply any overnight accommodation at any local hotel. Exhibitors are responsible for arranging their own accommodation. The Exhibitor, however, may, subject to the Organiser’s approval, substitute another party or company who meets the entry and government formalities necessary for entry into the country where the Event is to be held. Such substitution shall be the sole responsibility of the Exhibitor. The Exhibitor acknowledges that the Organiser shall not be held responsible for the failure of all or any other contracted exhibitors to attend the Event or the failure of any number of attendees to attend the Event for any reason. Whilst the Organisers shall act in good faith, the name of any Exhibitor which may appear on any Event Program or table number or any statement made by or on behalf of the Organiser that any Exhibitor is booked to attend the Event provisionally or otherwise shall not constitute any warranty, representation or undertaking by the Organiser that any such Exhibitor will attend the Event or attend any particular location.
The Organiser and its respective officers, agents and employees are not responsible for any loss, damage or delay incurred in freight shipments (transport, handling and clearing) into and out of the country for sponsorship opportunities. Exhibitors must insure against relevant loss.
EXCLUSION OF PERSONNEL
The Organiser reserves the right in its absolute discretion to exclude any person whose presence is or is likely to be undesirable, and the Organiser may exercise such rights notwithstanding that any person is the officer, agent, employee or contractor of the Exhibitor or otherwise in any way connected or associated with the Exhibitor.
Exhibitors agreeing to book a group of tables – where the brands involved are in some way commercially connected – are responsible for ensuring that all Exhibitors within their group are fully aware of and agree to abide by this contract and by the Rules and Regulations.
The information on the Booking Form, including any individual’s name, will be kept on computer and used for the purposes as registered under the Data Protection Acts. The Organiser reserves the right to vary these terms and conditions on reasonable notice to Exhibitors in advance of the Event.
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