Terms and Conditions
1. The Booth Holder shall mean the party whose name and/or company name, and address appears on the application sales form. Exhibitors shall mean any persons engaged by the Booth Holder to be in attendance at the event on behalf of the Booth Holders or as their representative(s) at the event.
2. Company shall mean Rites of Passage Tattoo Festival.
3. The Company shall provide stand space and equipment as agreed and only where outlined in the application form.
4. Once the Booth Holder has signed the prescribed application form, the stand space cannot be cancelled under any circumstances. The cost of the stand remains payable in all events. Should there be time to re-sell the stall then we will attempt to do so. We will only attempt to re-sell stand space once we have sold all free stand space not already booked. If the booth cannot be re-sold, the Booth Holder is liable for the full balance. With the exception of late bookings, and prior written agreement, sums due to the Company must be paid on completion of the application form and no later than 28 days prior to the event.
5. Should cheques paid to the Company be returned unpaid by the Company's bankers, the Company reserves the right to recover its costs plus administration charges from the drawer of such cheques.
6. The Booth Holder will adhere strictly to the payment method agreed. If payment is not received as prescribed the stand may be considered as unsecured and made available to prospective stand holders on the waiting list. In such circumstances the Company reserves the right to recover the full balance due from the original stand holder.
7. Deposits paid by stand holders are non-refundable.
8. Exhibitors must complete the setup of their stands 1 hour prior to exhibition opening time on the day of the event; without exception. If an Exhibitor fails to set up as stated, they will not be allowed to exhibit. All monies paid in this case will be non-refundable, and any monies due will remain payable. Booth(s) must remain complete for the entirety of the event until closure on the final day.
9. Exhibitor vehicles will not be allowed at or near the exhibition loading area one hour prior to the event opening to the public and until 15 minutes after the event has closed to the public on the convention days; without exception.
10. Exhibitors must have completely cleared their display by 8:00pm on the last day of the event, without exception.
11. All property delivered to the Company or venue in connection with this event shall be at the total risk of the Booth Holder. Any properties or belongings not reclaimed by the Exhibitor will be disposed of and are not the responsibility of the Company.
12. The Company's quality control agent will check the booth displays and Exhibitor's appearance. Any Exhibitor who is deemed to display undesirable goods or services will be required to leave the premises and the stand will be closed. The Company will not issue refunds in such cases.
13. Tattoo Artists are NOT permitted to tattoo any persons under the age of 18 years, and suppliers are NOT to sell tattoo machines or tattoo supplies at this event to persons under 18 years of age, or any persons outside of the tattoo industry and/or health department and approved studio legislation.
14. The Company will not accept verbal or physical violence at any event. Any Booth Holder, Exhibitor or patron in breach of this term will be expelled and potentially banned from attending such future events. This term includes all contact with Company employees before, during and after the event, as well as by phone or by email.
15. Personal Address ('PA') Equipment may not be used by Exhibitors for any reason.
16. The Company warrants that an essential term is to attract members of the general public to the event.
17. The Company cannot accept responsibility for loss or damage to Booth Holders equipment, stock, stand, persons or vehicles howsoever caused. Entry to the event is at the Booth Holder's risk. In the unlikely event that the convention is cancelled, or postponed, either in part or in whole the stand holder will be offered a similar sized stand at a future Rites of Passage Tattoo Festival event. Refunds will not be given in any circumstances. The Company strongly recommends that the Booth Holder obtain their own adequate insurance against any loss from unforeseen cancellations. For the avoidance of doubt, this clause applies in any kind of force majeure event, including but not limited to natural disaster, pandemic or infectious disease, government action or other event outside the control of the Company.
18. All Exhibitors are required to have purchased adequate public and product liability insurance for the event before attending the event. The Company reserves the right to inspect certificates of such insurance and should there be any dispute over the sufficiency of such insurance, the decision of the Company will be final.
19. The Company cannot offer any Exhibitor exclusivity in any way for products and/or services except with the prior written consent of a Director of the Company. Employees of the Company and/or salespeople are not authorised to offer exclusivity in any way to any Exhibitor or Booth Holder whatsoever. The Company cannot accept liability for any inferred exclusivity not sanctioned by the Director of the Company in writing.
20. The Company will not pay any compensation arising from the convention, these terms and conditions, or in any other way whatsoever to any Exhibitor or their agents and representatives.
21. A number of promotional entry tickets to the convention may be allocated to Exhibitors at the Company's discretion. The Exhibitor warrants that they will not sell the promotional tickets for profit.
22. All electrical equipment used at the show must be Portable Appliance Testing ('PAT'). You must make your own arrangements to have your electrical equipment certified above your free test and tag allowance. Any items not containing a valid and in date PAT test sticker will not be allowed to be used. Please ensure that your equipment is PAT tested prior to the show.
23. All artists, Exhibitors and Booth Holders must conform to current Environmental Health bylaws relative to the local administrative area. Where guidelines and best practice drafts are in place, they must follow the said documents as far as is reasonably practicable.
24. All Exhibitors and Booth Holders must have a current COVID-safe plan that complies with local health regulations and restrictions regarding control and management of the COVID-19 pandemic. The Company may conduct COVID-safe compliance spot checks. Any Exhibitor who is deemed to be not compliant with their COVID-Safe plan will be required to leave the premises and the stand will be closed. The Company will not issue refunds in such cases.
25. All Exhibitors, artists and Booth Holders will, if asked, answer any authority officer's questions to the best of their ability.
26. Under NO circumstances must tattooing be done on any tables, for obvious reasons of health and safety. Anyone seen tattooing on the tables, will be asked to stop and could be asked to leave the event by the venue owners.
27. If you are a tattoo artist and require an artist tattoo chair / bed / couch / arm rest you must bring your own, book a massage table prior to the event or pre-arrange with another artist to share theirs. The Company reserves the right to position artist / vendor booths, although we will try to accommodate your request wherever possible.
28. The Exhibitor, on signing, agrees to be bound by these terms and conditions, the as a Contract.
29. This Contract is subject to Australian legislation and the Jurisdiction of the Courts of the State of Victoria.
30. The Booth Holder is responsible for acquiring their own professional indemnity insurance.
31. The Company will provide Public Liability Insurance covered in the costs of the booth.
32. All Exhibitors and Booth Holders are subject to a police check by Fair Trading (applicable to NSW and QLD shows). If the Booth Holder or accompanying exhibitors are denied on that basis, the Company will not refund the Booth Holders payment.
33. Any international Booth Holders and accompanying Exhibitors that are denied entry to the country due to the Australian Department of Immigration or Border Protection will not be refunded by the Company.
34. The Booth Holder is responsible for confirming that all exhibiting artists have acquired a Temporary Skin Penetration Number from the City of Sydney. Any tattoo artist that does not have a Temporary Skin Penetration Number will not be permitted to tattoo at the event and the Booth Holder(s) is not entitled to any refund(s).
35. The Authorities include the Commonwealth of Australia, State Governments, statutory and local authorities and the lessor and/or operator of the Exhibition Venue.
35.1 Contract means the contract referred to in clause 2.3
35.2 Contract Fee means the Total Cost of the Space detailed in the Space Application inclusive of GST.
35.3 Deposit means the portion of the Contract Fee described in the Space Application as the Deposit.
35.4 Force Majeure means an act of God, war, revolution or any other unlawful act against public order or authority, an industrial dispute including strike or other labour disturbances; a governmental restraint including a declaration or emergency; natural disaster including earthquake, fire or flood, pandemic or infectious disease, government action and any other event which is not within the Organizer's control.
35.5 Withdrawal Fee means the fee described in clause 15.
35.6 Exhibition means the exhibition described in the Space Application.
35.7 Exhibition Venue means the place where the Exhibition will be held, as described in the Space Application.
35.8 Exhibitor means the Applicant whose details are set out in the Space Application and where not inconsistent with the context, a reference to the Exhibitor includes all of its officers, employees, agents or contractors.
35.9 Exhibitor Manual means the manual relating to the Exhibition supplied by the Organizer to the Exhibitor with this Contract or which will, in any event, be made available to the Exhibitor either in hard copy or on-line and includes all amendments to or revisions of that manual made by the Organizer from time to time during the term of this Contract.
35.10 Interest Rate means the interest rate fixed by section 2(1) of the Penalty Interest Rates Act (1983) (Vic).
35.11 Move-in means the time specified by the Organizer for the Exhibitor to set up displays prior to the opening of the Exhibition.
35.12 Move-out means the time specified by the Organizer for the Exhibitor to dismantle and remove displays following the conclusion of The Exhibition.
35.13 Organiser means Australian Exhibition Group Pty Ltd
35.14 Rules & Regulations means the rules and regulations contained within the Exhibitor Manual.
35.15 Space means the Space within the Exhibition Venue described in the Space Application under “Stand Details.”
35.16 Space Application means the form on the Front of these terms and conditions.
36. Application for Space
36.1 An application for space in the Exhibition shall be made by completing the Space Application and returning it to the Organizer. The Organizer reserves the right to accept or reject the application. The Organizer and Exhibitor expressly agree and acknowledge that the Space Application may be prepared, signed and exchanged electronically.
36.2 The Organizer may accept an application for space by either:
(a) signing a copy of the completed Space Application and returning it to the Exhibitor; or
(b) notifying the Exhibitor in writing (including by email) that the application has been accepted; or
(c) issuing an invoice to the Exhibitor (including by email) for payment as per contracted terms.
36.3 When accepted by the Organizer, the Space Application becomes a binding contract between the Applicant as Exhibitor and the Organizer in accordance with the terms of the Space Application and these terms and conditions (Contract). The Exhibitor agrees to exhibit and to be bound by the Contract and the Rules & Regulations, and any rules and regulations imposed by the Authorities.
37. Space allocation
37.1 The Organizer grants to the Exhibitor a licence to use the Space to participate in the Exhibition. The grant of the licence does not constitute the grant of a right of tenancy. The Organizer reserves the right to alter the floor plan and configuration of any stand and shall only make an adjustment to the Contract Fee if the overall size of the Space is reduced.
37.2 An Exhibitor wishing to reduce its space must make a request in writing (Reduction Request) to the Organizer detailing the reason for the request and the size of the change (Space Reduction). The Organizer may grant or withhold approval to the Reduction Request in its absolute discretion. If the Reduction Request is approved and was received by the Organizer:
(a) 60 days or more prior to the commencement of the Exhibition and it is approved, the Organizer may, in its absolute discretion, reduce the Contract Fee payable by the Exhibitor by 70% of the same proportion that the area of the reduced Space bears to the area of the original Space. For example, if the Contract Fee for the Space is $1,000 and the Space is reduced by 25%, then the Contract Fee payable for the reduced Space will be: ($1,000 x 0.25) x 0.3 = $75; and the new total Contract Fee payable will be: ($1,000 x 0.75) + $75 = $825; or
(b) less than 60 days prior to the commencement of the Exhibition and it is approved, the full Contract Fee is payable, unless otherwise reduced by the Organizer, in its absolute discretion.
37.3 If the Reduction Request is not approved by the Organizer or no Reduction Request is sought by the Exhibitor, the full contract Fee shall be payable by the Exhibitor in accordance with clause 13.
37.4 An Exhibitor wishing to change from a shell scheme stand to space only site must make a request in writing to the Organizer. If approval is granted, then the Exhibitor must enter into a new contract with the Organizer. If the change is made more than 30 days before the Exhibition, the Organizer will refund the difference in the Contract Fee between the shell scheme stand and the space only site.
Exhibits
All exhibits must be directly related to the Exhibition profile and all products shown on the Exhibitor's stand must be those that the Exhibitor or related companies nominated at the time of applying for the Space and detailed in the Space Application. All products for sale and displayed must abide by the laws of each relevant state. The Exhibitor must keep its Space adequately stocked and staffed for the duration of the Exhibition. The Exhibitor shall be liable to the Organizer for any loss or damage incurred by the Exhibitor to the Organizer's reputation, image or branding as a result of the failure to comply with this clause.
38. Retail sales
Retail sales are only permitted if the Exhibition is open to the general public or at the Organizer's discretion.
39. Conduct and Canvassing
39.1 Exhibitors must at all times act responsibly and must not, by their actions, cause a nuisance to other Exhibitors or act in a manner that could damage the reputation of the Exhibition or the Organizer or adversely impact the running of the Exhibition.
39.2 Exhibitors must not canvass or distribute promotional material other than from their own stand. NO Public Address Systems, Touting or the use of amplified music can be used without prior approval by the Organizer.
39.3 This clause of the contract includes the presentation and behaviour of promotional staff. For example, promotional staff should be dressed in and behave in a manner reflecting a professional working environment. Please consult with the organiser should you require guidance about this policy.
40. Sublicensing
Exhibitors may not sub-license their Space or assign rights or obligations without the prior written permission of the Organizer (which may be withheld in its absolute discretion).
41. Compliance with regulations
41.1 The Exhibitor must comply with all fire, safety, health and other laws, rules and regulations imposed by the Authorities and/or the Organizer (including the Rules & Regulations and the Organizer's Occupational Health & Safety policy).
41.2 Where an Exhibitor participates in the Exhibition as part of a group stand it is the Exhibitor's responsibility to procure that any party with which it participates complies with the rules and regulations described in clause 8.1 and with the terms and conditions of this Contract. Upon any breach of this clause 8, the Organizer may remove or alter all or any part of the Space or of the Exhibition in order to rectify the failure to comply, in which case the Organizer will not be liable for any loss or damage whatsoever sustained as a result.
42. Stand limits.
No part of the stand or any display may extend or project beyond the allotted dimensions of the Space. Stands must not exceed a maximum height of 2.4 metres without the permission of the Organizer. No items may project into the aisles or air space above.
43. Shell Scheme Stands
Shell scheme stands will be provided with walls, carpet, lighting and fascia panel (which may not be altered, removed or covered in any way) with the Exhibitor's names and stand number.
44. Space Only Sites
Exhibitors booking space only sites are responsible for the construction of their exhibition stand including flooring and walls and must not use, including for display, the walls of adjoining stands or the perimeter walls of the Exhibition Venue.
45. Insurance
45.1 The Exhibitor must hold general public and products liability insurance subject to a minimum limit of $10 million for the period from the beginning of the Move-in to the last day of Move-out. If requested by the Organizer, the Exhibitor must provide the Organiser with the certificates of insurance confirming that the policies have been affected.
46. Terms of payment
46.1 The Organizer will issue a tax invoice to the Exhibitor for the Deposit which shall be payable by the Exhibitor to the Organiser by the date specified in the Space Application.
46.2 The Organizer will issue a tax invoice to the Exhibitor for the balance of the Contract Fee which shall be payable by the Exhibitor to the Organiser by the Due Date specified in the Space Application. Where an application for space is received after the Due Date, the total Contract Fee is due and payable immediately.
46.3 If the Exhibitor pays by credit card, then surcharges may apply in accordance with the schedule published on the Organizer's website from time to time.
46.4 Administrative fees may be payable in relation to processing refunds, late payments and payment arrangements in accordance with the schedule published on the Organizer's website from time to time.
46.5 The Exhibitor is responsible for settling all accounts for expenses incurred by it, its agents, employees or contractors in connection with the Exhibition and must discharge such liabilities immediately upon request by the Organizer.
46.6 Interest may be charged on overdue amounts at the Interest Rate per annum calculated daily and, charged per calendar month or part thereof and the Exhibitor shall be liable for, and expressly undertakes to pay, all such interest.
46.7 In the event of any default in payment, the Exhibitor shall be liable on an indemnity basis for any and all legal and/or debt collection expenses incurred by the Organizer in obtaining, or attempting to obtain, payment from the Exhibitor for any overdue amount.
47. Termination by Organizer
47.1 The Exhibitor acknowledges and agrees that clauses 4 - 13 are essential terms of this Contract and if the Exhibitor is in breach of any of them, the Organizer may terminate this Contract immediately if
the Exhibition or the Move-in has already commenced; or by giving 3 business days' written notice if prior to the Move-in.
47.2 If this Contract is terminated due to non- payment of any amount owing to the Organizer, the Organizer may re-let the Space to another applicant and recover damages in the form of the Withdrawal Fee as detailed in clause 15.
47.3 The Organizer may terminate this Contract immediately if in the reasonable opinion of the Organizer, the Exhibitor disparages the Organizer or the Exhibition or other Exhibitors, or by its conduct or any act or omission brings the Organizer or the Exhibition into disrepute or causes adverse publicity or notoriety that adversely affects the Organizer or the Exhibition
47.4 The Organizer may terminate this Contract immediately if the Exhibitor becomes Insolvent or bankrupt).
47.5 If the Organizer or the Exhibition suffers or is impacted by an event of Force Majeure, the Organizer may terminate this Contract immediately upon giving written notice (including by email) detailing the Force Majeure event.
47.6 The Organizer may terminate this Contract without cause prior to the commencement of the Exhibition upon giving one month's notice to the Exhibitor.
48. Withdrawal by Exhibitor
48.1 If the Exhibitor withdraws from the Exhibition, it will forfeit the Deposit.
48.2 Subject to clause 15.1, an Exhibitor who withdraws from the Exhibition for any reason whatsoever will be liable to pay the Organizer the Withdrawal Fee which shall be calculated as follows, where column A is the number of days between the date on which notification of withdrawal is given and the date of commencement of the Exhibition, and column B is the percentage of the Contract Fee which will comprise the Withdrawal Fee:
A | B
More than 240 | 25%
Between 240 and 150 | 60%
Between 150 and 120 | 80%
Less than 120 | 100%
For the avoidance of doubt, the Withdrawal Fee is inclusive of the Deposit forfeited under clause 15.1 provided that the Withdrawal Fee must not be less than the Deposit.
48.3 The Exhibitor acknowledges that the Withdrawal Fee is a reasonable pre- estimate of the typical loss which would be incurred by the Organizer arising from the Exhibitor's withdrawal from the Exhibition.
48.4 Notification of withdrawal must be made in writing (including by email) to the Organizer. Verbal notification of withdrawal shall not be effective under any circumstances.
48.5 The Organizer may, at its absolute discretion, deem an Exhibitor to have given notification of Withdrawal if:
(a) The Exhibitor indicates to the Organizer that it may not participate in the Exhibition; and/or
(b) The Organizer requests the Exhibitor to confirm its participation in accordance with this Contract in writing (including by email) and the Exhibitor fails to provide such confirmation within 3 business days of the request.
48.6 The Withdrawal Fee must be paid to the Organiser irrespective of whether the Organiser can prove it has incurred any loss or damage as a result of the withdrawal.
49. Exclusion of liability
49.1 To the extent permitted by law, the Organizer gives no warranty and makes no representation:
(a) That the Exhibition will attract any or any minimum number of visitors or will achieve any or any particular outcome for the Exhibitor; or
(b) as to the completeness or accuracy of all the information provided by the Organizer.
49.2 The Organiser is not liable to the Exhibitor for any loss arising out of:
(a) any restrictions or conditions regarding the construction, erection, completion, alteration or dismantling of any stands imposed by the Authorities; or
(b) the location, entry point or sighting of the Space or the prominence of neighbouring or any other exhibitors' space; or
(c) the failure of any services provided or normally provided at the Exhibition Venue; or;
(d) the amendment or alteration to all or any part of the Exhibition Manual; or
(e) changes imposed by any of the Authorities; or
(f) an event of Force Majeure; or
(g) any termination of the Contract under clause 14.
49.3 In no event shall the Exhibitor have any claim for damages of any kind against the Organizer in respect of loss or damage to the Exhibitor, direct or consequential arising from the prevention, cancellation, postponement, abandonment or part- time opening or relocation of the Exhibition either wholly or in part if for any reason beyond the Organizer's control or Force Majeure or if the Exhibition facility becomes wholly or partially unavailable or inappropriate (in the Organizer's opinion) for the holding of the Exhibition (Change Event). In the event of a Change Event, the Organiser shall be entitled to retain all sums paid by the Exhibitor or such part thereof as the Organizer considers reasonable if the Exhibition is able to be held (with whatever changes are required as a result of the Change Event).
49.4 If, in the opinion of the Organizer, by rearrangement or postponement of the period of the Exhibition, or by substitution of another hall or building or in any other reasonable manner the Exhibition can be carried on, the Organizer shall give notice in writing to the Exhibitor advising of the Change Event (Change Event Notice) and subject to clause 16.6, this Contract shall be binding upon the parties, except as to the size and position of the Space, which the Organizer may modify as it deems necessary under the circumstance.
49.5 If the Exhibitor does not agree to exhibit pursuant to the Change Event Notice, the Exhibitor may terminate this Contract by notice in writing within 5 business days of the date of Change Event Notice (Termination Notice) and all sums paid by the Exhibitor in respect of the Contract Fee will be if agreed between the parties (acting reasonably), held over to the next Exhibition or otherwise dealt with in any other manner agreed and failing agreement, returned to the Exhibitor.
49.6 If the Exhibition is cancelled by the Organizer as a result of the Change Event, all sums paid by the Exhibitor in respect of the Contract Fee will be if agreed between the parties (acting reasonably), held over to the next Exhibition or otherwise dealt with in any other manner agreed and failing agreement, returned to the Exhibitor.
49.7 For the avoidance of doubt, this includes a cancellation of the Exhibition as a consequence of, or due to issues related to, the Covid-19 pandemic or any other similar circumstances.
49.8 The Organizer assumes no risk and the Exhibitor releases the Organizer from all liability for loss or damage to person, goods or its business, arising from the Exhibitor exhibiting at the Exhibition. The Exhibitor indemnifies the Organiser against any claim in respect of the Space for the Exhibitor's exhibits.
49.9 Without limiting the preceding clause 16.8, in no event shall the Exhibitor have any claim for damages of any kind against the Organizer in respect of loss or damage to the Exhibitor's property occasioned by theft, fire, accidental loss or damage other insurable event or otherwise.
49.10 To the extent permitted by law, the liability of the Organizer to the Exhibitor for all claims relating to the Exhibition or this Contract (including in relation to a termination pursuant to clause 14), in contract, tort or otherwise, shall not exceed the amount of the Contract Fee actually paid to the Organiser by the Exhibitor in connection with the Space Application. In no event shall the Organizer be liable to the Exhibitor for any consequential, indirect, special or incidental damages.
50. GST
Except where express provision is made to the contrary, and subject to this clause, any amount that may be payable under the Contract is exclusive of any GST. If a party makes a taxable supply in connection with this Contract for a consideration which represents its value, then the recipient of the taxable supply must also pay, at the same time and in the same manner as the value is otherwise payable, the amount of any GST payable in respect of the taxable supply.
51. Acknowledgement
The Exhibitor acknowledges that it has made an independent evaluation of the terms and conditions of this Contract and all information provided to it by the Organizer in relation to the Exhibition and that it has verified or will verify all information upon which it intends to rely to its own satisfaction and that the Organizer gives no warranty as to the accuracy of any such information. The Exhibitor acknowledges that it is bound by these Terms & Conditions by virtue of:
(a) the signature of any ostensibly authorised person on the Space Application;
(b) electronic acceptance of the Contract by any ostensibly authorised person;
(c) payment of any sum due under the Contract; or
participating in the exhibition.
52. Severability
If anything in this Contract is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force and effective.
53. Governing laws
The laws of the State of Victoria will apply to this Contract and any dispute or court proceedings must be heard in the State of Victoria.
54. Privacy
It is a condition of participation in the Exhibition that the Exhibitor's contact details may be forwarded to approved service providers appointed by Australian Exhibition Group Pty Ltd to enable the service providers to engage in direct marketing with the Exhibitors to arrange essential goods and services to enable the Exhibitors' successful participation at the exhibition. Please refer to Australian Exhibition Group Pty Ltd privacy policy.
Australian Exhibition Group Pty Ltd collects information from customers and attendees and provides personal information to third parties for marketing purposes in full compliance with Australian privacy law. We facilitate exposure of organisation's and business to new customers and clients for marketing purposes subject to the following constraints and conditions:
(a) We do not agree to obtain consent from individuals to facilitate you to engage in marketing activities. We disclose information to you for direct marketing on the basis that you agree to comply with the general obligation under the Privacy Act to obtain consent prior to using the information collected from third parties prior to engaging in direct marketing communication to the individual.
(b) If an individual requests us to not provide information to third parties we are prohibited from supplying that information to third parties for marketing purposes.
Exhibitors are admitted to the exhibition on the understanding that film and photographs will be taken of the exhibition and all exhibitors; Their staff and agents agree that such footage may be used to promote later exhibitions in any manner the Organiser deems appropriate.