Non-Commercial Exhibitor Application Form

# Terms and Conditions

## Community, Display and Entertainment Exhibitors

These terms and conditions apply to approved community, display and entertainment exhibitors participating in the Burnie Show & Agri-Expo on a non-commercial basis and without payment of a standard site fee.

Commercial vendors and any exhibitor intending to sell goods or services must complete the appropriate commercial exhibitor or vendor application.

For the purposes of these terms:

* **Committee** means the committee responsible for organising the Burnie Show & Agri-Expo.
* **Event** means the Burnie Show & Agri-Expo.
* **Exhibitor** includes approved community organisations, not-for-profit organisations, charitable organisations, individuals, display participants, demonstrators, performers and entertainment providers.
* **Site** includes any display site, activity space, performance area or other area allocated to the Exhibitor.

## 1. Applications and Eligibility

### 1.1 Eligibility

To be eligible under this exhibitor category, the applicant must be either:

* a not-for-profit organisation, community group or charitable organisation; or
* an individual approved by the Committee to provide a non-commercial display, demonstration, community activity, performance or entertainment.

### 1.2 Applicant declaration

By submitting an application, the applicant declares and confirms that:

* the information provided in the application is accurate and complete;
* their participation will be non-commercial;
* they will not sell or offer for sale any goods, products or services to Event patrons;
* they will not take orders, deposits, paid bookings or other payments from Event patrons; and
* they will only undertake the displays, activities, demonstrations or entertainment approved by the Committee.

The distribution of free information or promotional material is permitted in accordance with these terms.

### 1.3 Payments made by the Committee

Clause 1.2 does not prevent an entertainer or service provider from receiving payment directly from the Committee where this has been agreed under a separate written arrangement.

### 1.4 Fundraising and donations

An Exhibitor must not collect donations, sell raffle tickets, charge membership fees, conduct paid competitions or undertake any other fundraising activity unless the activity has been disclosed in the application and approved in writing by the Committee.

### 1.5 Evidence of eligibility

The Committee may request reasonable evidence of an applicant’s not-for-profit, community or charitable status.

### 1.6 Site fees and additional services

No standard site fee is payable by an Exhibitor approved under this category.

Charges may still apply for additional services or items requested by the Exhibitor, including:

* electricity;
* water;
* additional access passes;
* equipment hire;
* loading or lifting assistance; or
* other special arrangements.

Any applicable charges will be advised separately.

### 1.7 Closing date

Applications must be completed online at agriplex.com.au by 30 August each year, unless another closing date is published by the Committee.

### 1.8 Application information

Applications must be completed accurately and correctly at the time of submission. The applicant must notify the Committee as soon as practicable if any submitted information changes.

### 1.9 Insurance documents

Applications must be accompanied by a current Certificate of Currency for Public Liability Insurance where required by the Committee.

### 1.10 Late applications

Applications received after the closing date may not be accepted.

### 1.11 Approval of applications

The Committee reserves the right to accept or decline an application, subject to applicable law.

Submission of an application does not guarantee acceptance or allocation of a site.

### 1.12 Site allocation

The Committee reserves the right to allocate each Exhibitor to the site or area it considers most appropriate.

## 2. Scope of Approval

### 2.1 Approved participation

Approval applies only to the organisation, person, display, activity, demonstration or entertainment described in the application.

### 2.2 Changes to an approved activity

An Exhibitor must obtain written approval before making a material change to:

* the nature of their display or activity;
* the products, equipment or animals being displayed;
* their performance or entertainment;
* the size or layout of their site;
* their power or water requirements; or
* any other information that formed part of their approved application.

### 2.3 Transfer or sharing of a site

An Exhibitor must not sell, transfer, sublicense, share or give another person or organisation possession of any part of their allocated site without prior written approval from the Committee.

### 2.4 Withdrawal of approval

The Committee may withdraw approval or require an Exhibitor to cease an activity where:

* information provided in the application is materially incorrect;
* the Exhibitor undertakes unauthorised selling, fundraising or commercial activity;
* the Exhibitor conducts an activity that was not disclosed or approved;
* the Exhibitor breaches these terms and conditions;
* the Exhibitor does not comply with a reasonable direction from the Committee; or
* the Committee reasonably considers the activity unsafe, unlawful, unsuitable or disruptive to the Event.

## 3. Cancellation, Postponement or Changes to the Event

### 3.1 Event changes

The Committee may cancel, postpone, relocate or alter the Event, its operating hours or its program where reasonably necessary due to:

* severe weather;
* an emergency;
* public health or safety concerns;
* government or regulatory requirements;
* damage to the venue;
* insufficient resources;
* circumstances outside the Committee’s reasonable control; or
* another extraordinary circumstance.

### 3.2 Notification

The Committee will notify affected Exhibitors by phone, email or another reasonable method as soon as practicable.

### 3.3 Fees and expenses

Because no standard site fee is payable under this exhibitor category, no site-fee refund will apply.

The treatment of any separately paid service charges, reimbursements or payments will be determined according to the relevant booking or separate written agreement.

### 3.4 Exhibitor costs and losses

To the extent permitted by law, the Committee will not be responsible for costs, expenses, loss of income or other losses incurred by an Exhibitor because the Event is cancelled, postponed, relocated or changed.

## 4. Sites, Displays and Equipment

### 4.1 Access for setup

Exhibitors must not take possession of or begin setting up their site before the Monday prior to the Event unless:

* a different setup time is stated in their approval; or
* prior arrangements have been made with the Committee.

### 4.2 Vacating the site

The site must be completely vacated by the time specified in the Exhibitor’s approval and no later than 5:00 pm on the Monday following the Event, unless prior arrangements have been made with the Committee.

### 4.3 Unsuitable material

The Committee may require the removal of any display, sign, material, content or item that it reasonably considers:

* offensive;
* discriminatory;
* unlawful;
* unsafe;
* unsuitable for a family event;
* inconsistent with the approved application; or
* likely to damage the reputation or operation of the Event.

### 4.4 Noise

The Committee may restrict or stop the use of equipment, music, amplification or activities that produce excessive noise or unreasonably interfere with Event operations, patrons, animals or other exhibitors.

### 4.5 Site boundaries

Displays, equipment, activities and personnel must remain within the allocated site unless otherwise approved by the Committee.

### 4.6 Signage

Signage, banners or advertising material must not be placed outside the allocated site without prior written approval.

### 4.7 Fencing and structures

An Exhibitor must not erect fencing, signs, marquees, structures or equipment that:

* obstructs a walkway or emergency access;
* creates a safety hazard;
* interferes with another exhibitor;
* extends beyond the allocated site; or
* has not been approved by the Committee where approval is required.

### 4.8 Removal or modification of an activity

The Committee may require an Exhibitor to remove, stop or modify any display, activity, demonstration, performance, equipment or service that the Committee reasonably considers unsafe, unsuitable or inconsistent with the Event.

### 4.9 Information and promotional material

Information, pamphlets and other promotional material may only be distributed from within the Exhibitor’s allocated site unless roaming distribution has been approved by the Committee.

### 4.10 Storage

The Committee does not provide storage for Exhibitors’ property, equipment or materials unless prior arrangements have been made.

### 4.11 Demonstrations and activities

All demonstrations, performances and activities must be conducted safely and in accordance with applicable health and safety requirements.

Hazards associated with the activity must be identified and controlled. A written risk assessment must be supplied where requested by the Committee.

### 4.12 Loading and lifting assistance

Where the Committee agrees to provide loading, unloading or lifting assistance, the Exhibitor must:

* follow all reasonable directions;
* ensure the equipment or property is suitable to be moved;
* disclose any unusual weight, fragility or handling requirements; and
* maintain appropriate insurance for the property being moved.

To the extent permitted by law, the Committee is not responsible for loss or damage arising from this assistance except to the extent caused by the Committee’s negligence or unlawful conduct.

### 4.13 Water

Water requirements must be requested at the time of application.

Late requests may not be accepted and may incur a $30 late administration charge where additional work or infrastructure is required.

### 4.14 Electricity

Electricity requirements must be requested at the time of application.

Late requests may not be accepted and may incur a $30 late administration charge where additional work or infrastructure is required.

### 4.15 Electrical equipment

Electrical equipment brought onto the site must be safe, fit for purpose and compliant with applicable electrical safety requirements.

The Committee may require evidence that electrical equipment has been inspected, tested or tagged where applicable.

### 4.16 Securing equipment and structures

The Exhibitor is responsible for ensuring that all marquees, signs, displays, temporary structures and equipment are appropriately installed, secured and monitored, including during changing weather conditions.

### 4.17 Hazardous activities

Open flames, smoke effects, pyrotechnics, hazardous substances, weapons, high-risk equipment or similar activities must not be used without prior written approval from the Committee and any required permits.

## 5. Attendance, Performances and Early Pack-Up

### 5.1 Attendance requirements

Exhibitors must operate their display or activity during the approved Event hours, unless alternative arrangements have been approved.

Performers and entertainment providers must be ready and available at the agreed performance, rehearsal, setup and sound-check times.

### 5.2 Early closure or pack-up

An Exhibitor must not close, dismantle or leave their display before the approved finishing time without permission from the Committee.

This requirement does not apply where the Committee directs an Exhibitor to close or leave because of weather, safety concerns or another operational reason.

### 5.3 Failure to attend or remain operational

An Exhibitor who is unable to attend, perform or remain operational must notify the Committee as soon as practicable.

Unexplained non-attendance, early closure or failure to attend an agreed performance may affect the Exhibitor’s eligibility for future events.

The Committee may recover reasonable additional costs directly caused by the Exhibitor’s failure to comply with an agreed arrangement, to the extent permitted by law.

## 6. Conduct

### 6.1 Behaviour

All Exhibitors and their staff, contractors, performers and volunteers must behave in an orderly, safe and respectful manner towards patrons, Event personnel and other exhibitors.

### 6.2 Committee directions

Exhibitors must comply with reasonable directions given by the Committee, Event staff, security personnel or emergency services.

### 6.3 Family-appropriate content

Displays, activities, language, clothing, performances and entertainment must be suitable for the general public and the family nature of the Event.

## 7. Insurance and Safety

### 7.1 Public liability insurance

Exhibitors must maintain current Public Liability Insurance for the activities they undertake at the Event where required by the Committee.

The policy must provide the level of cover specified in the application material and must appropriately cover the Exhibitor’s approved activities.

### 7.2 Certificate of Currency

Where a Certificate of Currency is required, the application will not be considered complete until the certificate has been provided and accepted by the Committee.

### 7.3 Risk information

The Committee may require the Exhibitor to provide:

* a risk assessment;
* a safe work method statement;
* evidence of licences, permits or qualifications;
* equipment inspection records;
* animal health declarations; or
* other safety information relevant to the activity.

### 7.4 Personnel

The Exhibitor is responsible for ensuring that its staff, contractors, performers and volunteers:

* are appropriately trained and supervised;
* hold any licences, registrations, permits or clearances required for their role; and
* comply with applicable workplace health and safety requirements.

## 8. Security and Property

### 8.1 Responsibility for property

Exhibitors are responsible for securing and insuring their own property, equipment, displays and hired items while onsite.

### 8.2 Security arrangements

Although the Committee may arrange security before, during or after the Event, the presence of security does not guarantee the safety of an Exhibitor’s property.

### 8.3 Loss or damage

To the extent permitted by law, the Committee is not responsible for theft, loss or damage to an Exhibitor’s property or hired equipment, except to the extent caused by the Committee’s negligence or unlawful conduct.

## 9. Underground Assets and Ground Penetration

### 9.1 Permission required

Before inserting pegs, stakes, posts, anchors or other items into the ground, or undertaking any excavation or groundwork, the Exhibitor must:

* obtain permission from the Committee; and
* comply with any directions regarding underground services or restricted areas.

### 9.2 Unauthorised groundwork

The Committee may require unauthorised groundwork to stop immediately and may require any unauthorised installation to be removed.

### 9.3 Damage

The Exhibitor will be responsible for the reasonable repair costs arising from damage to underground or other assets caused by its unauthorised or negligent activity, to the extent permitted by law.

## 10. Food and Beverages

### 10.1 Prior approval

Food or beverages must not be sold under this exhibitor category.

An Exhibitor must not distribute food or beverages, including free samples, tastings or giveaways, unless this has been disclosed in the application and approved by the Committee.

### 10.2 Licences and food-safety requirements

An Exhibitor distributing food or beverages must obtain and provide evidence of any licences, registrations, notifications or permits required by the relevant authority.

All food must be stored, prepared, handled and distributed in accordance with applicable food-safety requirements.

### 10.3 Alcohol

Alcohol must not be supplied, sampled, served or distributed unless:

* this has been expressly approved in writing by the Committee; and
* the Exhibitor holds all required liquor licences or permits.

### 10.4 Withdrawal of approval

The Committee may stop the distribution of any food or beverage where the appropriate approval or documentation has not been provided or where the activity is considered unsafe.

## 11. Vehicles

### 11.1 Display vehicles

No vehicles other than approved display vehicles are permitted within the Event area during opening hours.

Approved display vehicles must remain stationary during Event opening hours unless movement has been specifically authorised.

### 11.2 Passenger access

Only vehicles transporting passengers with valid access passes or other approved access arrangements will be permitted onsite.

### 11.3 Vehicle removal

All vehicles other than approved display vehicles must be removed from the Event area by 8:45 am and must not return before 5:00 pm on Event days, unless permission has been granted by the Committee.

### 11.4 Restricted vehicle movements

Vehicle movements within the Event area are prohibited between 8:45 am and 5:00 pm on Event days unless authorised by the Committee.

### 11.5 Unauthorised vehicles

An unauthorised vehicle remaining onsite may be removed or towed where reasonably necessary for safety or Event operations.

The vehicle owner or Exhibitor may be responsible for reasonable towing or removal costs.

### 11.6 Unauthorised movement

The Committee may withdraw vehicle access or take other reasonable action where a vehicle is moved during restricted times without permission.

### 11.7 Speed limit

The onsite speed limit is 10 kilometres per hour.

A person who drives dangerously or exceeds the speed limit may have their vehicle access withdrawn and may be directed to leave the site.

### 11.8 Personal transport devices

Unless required for mobility access or otherwise approved, golf carts, bicycles, motorised bicycles, skateboards, side-by-sides and similar devices must not be used within the Event area.

### 11.9 Drones

Drones and other unmanned aerial vehicles must not be operated without prior written approval from the Committee and compliance with applicable aviation requirements.

### 11.10 Wheel chocks

A minimum of two suitable wheel chocks must be supplied and used for each trailer, mobile display, caravan or other towable or mobile unit parked onsite.

Wheel chocks must be securely positioned and remain in place whenever the unit is stationary.

## 12. Animals

### 12.1 Prior approval

Only approved display, entertainment, competing or assistance animals are permitted onsite during the Event.

### 12.2 Animal welfare

Exhibitors must ensure that animals are treated humanely and in accordance with applicable animal-welfare requirements and accepted good practice.

Animals must be provided with appropriate:

* water;
* food;
* shelter;
* supervision;
* restraint;
* rest; and
* protection from weather and public interference.

### 12.3 Health declarations

Exhibitors must complete all animal health declarations required by the Committee or relevant authority.

### 12.4 Equestrian requirements

Horse owners and handlers must comply with applicable equestrian rules and Event requirements.

### 12.5 Injury, illness or death

The Exhibitor must immediately notify the Committee of any significant animal injury, illness, escape or death.

### 12.6 Unfit or unsuitable animals

An animal considered by the Committee or an appropriately qualified person to be unfit, injured, distressed, dangerous or of unsuitable temperament may be required to leave the Event immediately.

### 12.7 Veterinary and removal costs

The animal’s owner or responsible Exhibitor is responsible for:

* veterinary and medical costs;
* transport costs;
* containment or recovery costs; and
* removal of an animal or carcass from the site.

### 12.8 Vaccination and identification

Animals must meet any vaccination, identification, microchipping, biosecurity and health requirements that apply to the relevant animal or activity.

### 12.9 Animal sales

The sale of livestock or other animals during the Event is prohibited under this exhibitor category.

## 13. Clean-Up

### 13.1 Condition of site

Exhibitors must leave their site clean, tidy and free of rubbish, equipment, structures and other property.

### 13.2 Removal deadline

All property, equipment, displays and materials must be removed by the time specified in the Exhibitor’s approval and no later than 5:00 pm on the Monday following the Event, unless otherwise agreed.

### 13.3 Cleaning and removal costs

Where an Exhibitor leaves property, rubbish or equipment behind, the Committee may arrange for it to be cleaned, stored, removed or disposed of.

The Exhibitor may be required to pay the reasonable costs incurred by the Committee.

## 14. Site Access and Passes

### 14.1 Access passes

Site access will only be granted to persons holding or scanning a valid access pass or using another access arrangement approved by the Committee.

### 14.2 Included and additional passes

The number and type of passes included with the Exhibitor’s approval will be advised by the Committee.

Additional passes may be subject to availability and an additional charge.

### 14.3 Transfer or sale of passes

Exhibitor passes must not be sold, copied or transferred to an unauthorised person.

### 14.4 Refunds

Unless otherwise stated by the Committee, refunds will not be provided for additional access passes purchased by an Exhibitor.

## 15. Amendments and Acceptance

### 15.1 Amendments

The Committee may make reasonable amendments to these terms where necessary to:

* comply with the law;
* address safety or security concerns;
* respond to an emergency;
* meet venue or insurer requirements; or
* support the effective operation of the Event.

The Committee will notify affected Exhibitors of any material amendment as soon as practicable.

### 15.2 Material amendments

Where a material amendment substantially changes the Exhibitor’s approved participation and the Exhibitor is unable to comply, the Exhibitor may withdraw its application or participation by notifying the Committee.

### 15.3 Authority and acceptance

By submitting the application, the applicant:

* confirms that they are authorised to apply on behalf of the named organisation or group;
* agrees to comply with these terms and conditions;
* agrees to ensure that their staff, contractors, performers and volunteers comply with these terms; and
* acknowledges that approval may be withdrawn if these terms are not followed.