Mother of All Fairs (MOAF) Terms and Conditions
Though these things can be boring, we ask you to read through all of it to ensure you’re comfortable being part of the event. Any questions, contact us via email here
Mother of all Fairs 2023
FAIR DATE and TIME:
Saturday 7 October 9am-3pm – Event day
Saturday 7 October 8am-9am– Bump In
Saturday 7 October 3-4pm Bump Out.
These terms and conditions constitute a legal agreement between M ANGELUCCI & C.M MAGREE BUCKLEY ABN 82 407 543 069 ("Organiser") and the person or organisation agreeing to exhibit ("be a Saint") at the Fair. By making a booking to exhibit at the Fair, the Saint agrees to the following terms and conditions.
DEFINITIONS
1. In these terms:
“Booking” means a booking to exhibit at the Fair.
“Bump In Day” means the day that Saints set up their space at the Fair, being Saturday 7 October 2023, and is considered part of the Fair period.
“Online Motherhood Community Directory” means the online lead management and promotion tool included in your Saints package
“Saints” includes the Exhibitor’s employees, agents and contractors.
“Fair” means The Mother of All Fairs 2023.
“Fee” means the fee payable by the Saint to the Organiser to exhibit at the Fair.
“Fee Inclusions” means what is included in your Saints package.
"Final Booking Date” means Friday 22 September 2023 (14 days before the Fair).
“Final Cancellation Date” means Thursday 7 September 2023 (30 days before the Fair).
“Force Majeure Event” means anything affecting a party outside of that party’s reasonable control, including but not limited to fire, storm or other extreme weather event, flood, earthquake, epidemic, COVID-19, war, invasion, terrorism, civil commotion, blockade or embargo, labour dispute, labour shortage, failure or delay in transportation or supply, or any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority.
“Organiser” includes the Organiser’s employees, agents and contractors.
PARTICIPATION AND BOOKINGS
1. Participation in the Fair by the Saint is subject to:
a. the acceptance of the Saint by the Organiser at its complete discretion;
b. the Saint completing the booking and registration process; and
c. the acceptance by the Saint of the Terms and Conditions current at the time of its Booking to exhibit.
Acceptance will be expressly confirmed in writing by the Organiser upon receipt of the fully completed registration form. The Saint will receive a copy of this confirmation via email which will include the Terms and Conditions applicable to the Booking.
2. Bookings will close on the Final Booking Date unless sold out prior.
3. A Saint’s Booking cannot be transferred, shared with or on-sold to another organisation.
4. The Saint agrees to staff and continuously keep the Saints space open throughout the course of the Fair.
PAYMENT OF FEES
5. Following acceptance of the Booking and receipt of the Fee, the Organiser will issue the Saint an allocated area to set up its space at the Fair. The location of the space will be at the Organiser's sole discretion, and the Saint will be notified of this location 1 weeks prior to the Fair in the Saints handout.
6. The Saint acknowledges that Fee Inclusions will be as set out in the booking form for the Saint’s Booking.
ONLINE MOTHERHOOD COMMUNITY DIRECTORY
7. The Online Motherhood Community Directory is included in the Saint's package as its lead generation and promotional tool.
8. The Saints acknowledges that the Online Motherhood Community Directory uses a third party product “Community Box” and agrees to comply with all terms and conditions of Community Box in using the Online Motherhood Community Directory. The Saint further acknowledges that the Organiser makes no warranty as to:
a. the accuracy, truthfulness or completeness of the Information; or
b. the reliability or security of the Information transmitted.
9. The Saint warrants to the Organiser that it will:
a. keep its login and password information for the Online Motherhood Community Directory secure and confidential;
b. take reasonable steps to ensure that no unauthorised person has access to its login and password information for the Online Motherhood Community Directory or the Information; and
c. will only use and disclose the Information in accordance with the Saints own privacy policy and in compliance with the Privacy Act 1988 (Cth).
CANCELLATION BY SAINTS
10. A Saint may cancel its Booking and receive a refund of 40% of the Fee paid, subject to providing written notice of the cancellation to the Organiser by no later than the Final Cancellation Date. No refunds will be provided for cancellations made by a Saint after the Final Cancellation Date.
CANCELLATION BY ORGANISER
11. Saints acknowledge and agree that a large percentage of the costs of the Fair have been paid by the Organiser at least 60 days before the commencement of the Fair and may not be recoverable by or creditable to the Organiser in the event of cancellation of the Fair for any unforeseen reason including a Force Majeure Event. For the avoidance of doubt, all of the Organiser’s costs in relation to the Fair have been paid by Bump In Day of the Fair.
12. In the event of the cancellation of the Fair by the Organiser for any reason including a Force Majeure Event, the Organiser will provide:
a. 60 days (from Tuesday 8 August 2023) or less out from the Expo, a percentage (%) credit to the Saint equal to the percentage (%) amount the Organiser is credited by the Fair venue and the Organiser’s service providers;
b. between 90 days to 61 days (Sunday 9 July 2023 to Monday 8 August 2023) out from the Fair.a percentage (%) credit to the Saint equal to the percentage (%) amount the Organiser is credited by the Fair venue and the Organiser’s service providers.
13. In the event of cancellation of the Expo for any reason including a Force Majeure Event, the Saint acknowledges and agrees that there may not be a possibility of postponement or holding the Expo at any other time in that calendar year.
YOUR SPACE
14. Due to tight space requirements, no custom stands will be considered for the fair. A chair and table including power supply will be available as part of the space.
SAINTS OBLIGATIONS AND CONDUCT DURING FAIR
15. The Saint must not cause any obstruction to other Saints or public space at the venue, or modify their space and/or floor, or set up machinery or structures on their space without prior consultation with and approval from the Organiser. This includes, but is not limited to, the installation of coffee machines, popcorn machines or other food preparation devices.
16. Saints wishing to distribute any type of food or beverage item from their stand must seek approval from the Organiser and the venue at least 4 weeks prior to the Fair. In relation to selling food at the event, a Statement of Trade is required from each food vendor. more info here. Costs will apply. The Organiser takes no responsibility for allergic reactions, sickness, injury or death resulting from any food or beverages distributed by Saints to attendees.
17. Saints must not bring into or use in the Fair venue any flame, explosive, fuel, ammunition, firearm, chemical, acetylene gas, pressure tanks, volatile, explosive or dangerous oils, compounds, liquids or substances, inflatable items (including balloons, helium or otherwise), aerosol cans or any items deemed hazardous by the Organiser. This includes, but is not limited to, electric drills or cutting tools, knives or any other sharp implements. The Organiser reserves the right to take the appropriate action if any of these items are brought to or used in the Fair venue including, but not limited to, the removal or destruction of the items. It is the Saint’s responsibility to ensure that any items it brings into the Fair are not hazardous and should consult the Organiser if there is any doubt.
18. The Saint must ensure that its activities, furniture, promotional material and signage do not interfere with the good order and safety of the Fair or with any other Saints. Furniture and promotional material must be contained within the space allocated to the Saint. Aisles and public spaces must be kept clear. The Organiser reserves the right to take the appropriate action to enforce this requirement including, but not limited to, the removal of any signage, furniture or promotional materials.
19. The Saint is responsible for the safety and security of its products and stand. Material on its stand must not be left unattended at any time during the Fair or during bump in or bump out. Goods are left on the Saints stand at the Exhibitor's own risk.
20. The Saint must confine its activities to the space allotted to it by the Organiser. The Saint is not permitted to distribute promotional material or promote its organisation anywhere other than from its own space. This includes venue aisles and external areas of the Fair venue. The Organiser reserves the right to take the appropriate action to enforce this requirement.
21. Please be mindful of photographing attendees of the fair which may include children. Permission is best requested prior to taking any photographs.
22. The Saint must not pack up its stand partially or totally before closing time of the Fair. The Saint must not leave any goods or promotional material on its stand after 4pm on the last day of the Fair.
23. No stand sharing, sub-letting or co-branding of space is permitted.
24. The Saint is only permitted to exhibit its own products or services at the Fair.
25. It is the responsibility of the Saint to leave their space clean and tidy during the Fair and on bumping out.
26. The Saint must comply with all relevant occupational health and safety requirements and venue guidelines affecting its participation in the Fair.
27. The Organiser reserves the right to refuse admission or eject the Saint or its representatives from the Fair due (but not limited) to:
a. failure to comply with these terms and conditions; or
b. representing a security risk, nuisance or in any way interfering with the operation or integrity of the Fair.
28. Exhibitors shall comply with all State and Commonwealth legal requirements as well as any rules of the venue.
SEMINARS/ TALKS
29. The Saint may request that the Organiser allocate a seminar/talk at a particular time during the Expo. The Saint accepts that seminars are at all times subject to availability and will be allocated at the Organiser's discretion.
INSURANCE
30. The Saint shall affect public liability insurance of at least $10 million for the Saints stand covering loss from public risk, fire and theft with the Organiser’s interest under this clause noted on the policy, and the Saint will produce the certificate of currency and the policy relating thereto on demand by the Organiser.
CHANGES TO FAIR
31. The Organiser reserves the right to change the venue for the Fair, to close the Fair or vary its hours, or to vary or add to the format of the Fair as is necessary or required by law, and to the extent permitted by law will not be liable for any loss to the Saint arising from such a change.
32. The Organiser reserves the right to determine, amend or alter the location of the Saints space and the Saint undertakes to agree to such.
LIMITATION OF LIABILITY AND INDEMNITY
33. To the maximum extent permitted by law, but subject to any negligent act or omission of the Organiser, the Saint releases the Organiser from any claim or liability arising (whether directly or indirectly) out of or in connection with;
a. any loss or damage (including any consequential loss) to the Saint arising out of the Saint’s participation in the Fair;
b. the Saints use of the Online Motherhood Directory and/or the Information;
c. any unauthorised use or access to the Online Motherhood Directory and/or the Information, including but not limited to any hacking or security breach; or
d. a Force Majeure Event.
34. Subject to any negligent act or omission of the Organiser, the Saint indemnifies and holds harmless the Organiser from any claim, cost, demand, liability or damage (including legal costs, professional costs and other expenses on an indemnity basis) incurred by the Organiser arising out of or in connection with (but not limited to):
a. any breach of these terms and conditions by the Saint;
b. the Saint’s attendance at the Fair
c. the Saint’s use of the Online Motherhood Directory;
d. any unauthorised use or access to the Online Motherhood Directory and/or the Information, including but not limited to any hacking or security
breach;
e. any loss or damage the Organiser suffers due to any act or omission of the Saint in using the Online Motherhood Directory and/or the
Information;
f. any damage, loss, injury or death to or of a person or property due to any negligent act or omission of the Saint;
g. any damage to the Fair venue; or
h. any loss or damage the Organiser suffers due to any negligent act or omission of the Saint.
34. In the event that any additional provisions are implied into these terms and conditions by the Competition and Consumer Act 2010 or any other law or regulation in force throughout Australia from time to time, to the extent permitted by law, the Organiser’s liability will be limited to the remedies required of the Organiser under the applicable law or regulation.
CHANGES TO TERMS AND CONDITIONS
35. The Organiser reserves the right to amend the terms and conditions from time to time but will not amend the terms and conditions that were signed by the Saint at the time of their Booking unless agreed in writing by both parties.
36. If a provision (or part of it) of these terms and conditions is held to be unenforceable or invalid, then to the extent possible the provision will be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by the applicable law.
GOVERNING LAW
37. These terms and conditions are governed by the laws of Victoria, Australia. The parties hereby submit to the non-exclusive jurisdiction of the Courts of the state of Victoria, Australia.