1.    Applications

1.1.    Exhibitors must complete Applications online at dowerinfielddays. com.au by no later than the Application Due Date. Applications must be accompanied by:

• a)    payment of the Site Fee;
• b)    descriptions and photos of the services and/or products that the Exhibitor intends to sell, promote and/or display at the Event;
• c)    descriptions of the displays and activities that the Exhibitor intends to use at the Event;
• d)    any Certificates of Currency for any insurance policies required pursuant to clause 8.1; and
• e)    any other documents or information required by the Event Organiser.

1.2.    If an Exhibitor does not pay the Site Fee or provide a Certificate of Currency in relation to an Application by the Application Due Date, the Application will be declined and any Allocated Site allocated to the Exhibitor pursuant to clause 2 will be re-allocated to another Exhibitor.
1.3.    Applications received by the Event Organiser after the Application Due Date and that are accepted by the Event Organiser will be liable to pay a late fee equivalent to 10% of the Site Fee.
1.4.    The Event Organiser may, in its unfettered discretion and at any time:

• a)    accept or decline any Application;
• b)    after accepting any Application and prior to the Event, withdraw its acceptance of the Application.
   

2.    Allocated Sites

2.1.    Following the Application Due Date the Event Organiser will notify Exhibitors whether their Application has been approved and if it has, their Allocated Site.
2.2.    The Event Organiser may allocate Exhibitors to any Allocated Site it deems appropriate.
2.3.    The Event Organiser may allocate a different Allocated Site to an Exhibitor at any time.
2.4.    Exhibitors must not sell, lease or otherwise transfer their Allocated Site to any other party.
 

3.    Exhibitor Cancellations

3.1.    If an Exhibitor wishes to withdraw their Application or cancel their use of an Allocated Site, the Exhibitor must notify the Event Organiser and the following cancellation fees will apply:

• a)    if the Exhibitor notifies the Event Organiser Application by no later than 12 weeks before the commencement of the Event, 0% of the Site Fee;
• b)    if the Exhibitor notifies the Event Organiser Application on or after 12 weeks before the commencement of the Event but by no later than 9 weeks before the commencement of the Event, 50% of the Site Fee;
• c)    if the Exhibitor notifies the Event Organiser Application on or after 9 weeks before the commencement of the Event, 100% of the Site Fee.

3.2.    If an Exhibitor cancels their use of an Allocated Site, the Event Organiser may allocate that Allocated Site to another Exhibitor.
 

4.    Cancellation of the Event

4.1.    The Event Organiser reserves the right to cancel or postpone the Event by notifying Exhibitors in writing.
4.2.    Save and except as provided for in clause 4.3.b), if the Event Organiser cancels the Event, Exhibitors will be entitled to a refund of the Site Fee.
4.3.    Exhibitors will not be entitled to a refund of the Site Fee if:

• a)    the Event is postponed; or
• b)    the Event is cancelled due to a catastrophic weather event imminent threat affecting the Event Site, public health emergency, or lawful direction of the Government.
   

5.    Payment Terms

5.1.    Payment for any services provided by the Event Organiser to the Exhibitor must be made within 7 days of the Event Organiser’s invoice.
5.2.    The Event Organiser may refuse entry to the Allocated Site and the Event Site if the Exhibitor has not paid any amounts due and payable to the Event Organiser.
 

6.    Conduct of Exhibitors

6.1.    Exhibitors and their Workers must comply with any directions given or conditions imposed by the Event Organiser in connection with the Event, including but not limited to any directions in any site induction provided by the  Event Organiser.
6.2.    Exhibitors and their Workers must conduct themselves in an orderly and respectful manner prior to, during, and immediately following the Event.
6.3.    Exhibitors and their Workers must not engage in any violence, harassment, bullying, aggression, excessive alcohol consumption, or illicit substance use during the Event or in connection with the Event.
 

7.    Health and safety

7.1.    Exhibitors and their Workers must comply with the Work Health and Safety Act 2020 (WA) and any subsidiary legislation made pursuant to the same.
7.2.    Exhibitors and their Workers are responsible, so far as is reasonably practicable, for their safety and the safety of others who may be impacted by their activities on site.
7.3.    The Event Organiser has the right to inspect Allocated Sites and any structure and contents therein.
7.4.    If, in the Event Organiser’s reasonable opinion, there is a risk to safety or property arising from the Exhibitor’s use of the Allocated Site, the Event Organiser may direct the Exhibitor and/or its Workers to immediately eliminate or mitigate that risk, and the Exhibitor and/or its Workers must comply with that direction immediately.
 

8.    Insurance and Liability

8.1.    All Exhibitors must maintain a $20,000,000.00 public liability insurance policy covering their activities in connection with the Event.
8.2.    Exhibitors agree to:

• a)    occupy and use their Allocated Site at their own risk;
• b)    accept all liability for any damage or injury to any persons or property caused or contributed to by the Exhibitor in connection with the Event, including but not limited to any damage or injury caused or contributed  to by its Workers;
• c)    release and indemnify the Event Organiser and its officers, employees, contractors and agents from any liability which may arise in respect of any accident, loss, damage or injury in connection with the Event.

8.3.    For the avoidance of any doubt, the release and indemnity in subclause 8.2.c) includes any theft of or loss or damage to any Exhibitors’ property at their Allocated Site or in connection with the Event.
 

9.    Exhibitor Use of Allocated Sites

9.1.    Exhibitors may only take possession of their Allocated Sites during the date/s and time/s advised by the Event Organiser.
9.2.    Exhibitors must sell, promote and/or display their services and/or products at their Allocated Site for the duration of the Event.
9.3.    Exhibitors that fail to comply with clause will be liable to pay a fee of $500 to the Event Organiser, as compensation for any loss of goodwill to the Event associated with the Exhibitors’ breach.
9.4.    Exhibitors may only offer new equipment or products for sale during the Event but may display used equipment or products.
9.5.    The Event Organiser may require Exhibitors:

• a)    to immediately cease selling, promoting or displaying any service or product (whether in whole or part) at the Event where the Event Organiser reasonably believes that the product or service is not an authorised  import, is unsafe, or is inappropriately themed for the Event or area of the Event Site in which the Allocated Site is located;
• b)    to remove any sign, picture or other material on display in their Allocated Sites;
• c)    to adjust or cease the use of any audio equipment.

9.6.    Exhibitors must only sell, promote and/or display their services and/ or products within their Allocated Sites and must not, inter alia, canvass or hawk their services or products or distribute leaflets or other promotional material outside of their Allocated Sites. Any Exhibitor that fails to comply with this clause will be immediately removed from the Event Site.
9.7.    Exhibitors may cease promoting and/or displaying their services and/ or products and may commence vacating their Allocated Sites at the conclusion of the Event.
 

10.    Food and beverages

10.1.    All Exhibitors preparing and/or serving food or beverages must obtain and at all times comply with all necessary statutory requirements and approvals in connection with the Event, including but not limited to Shire health  requirements, liquor licensing and hygiene regulations.
10.2.    Exhibitors must display copies of any approvals referred to in clause 10.1 and must provide copies of the same to the Event Organiser on request.
10.3.    If the Shire or another government body finds that an Exhibitor has failed to comply with any requirements or approvals referred to in clause 10.1, the Exhibitor will be immediately removed from the Event Site.
 

11.    Liquor

11.1.    Without limitation as to clause 10, Exhibitors serving alcohol must have a licensed Responsible Services of Alcohol attendant on their Allocated Site at all times.
11.2.    Exhibitors are permitted to serve alcohol at the Sundowner Date with prior permission from the Event Organiser.
11.3.    Exhibitors must apply to the Event Organiser to hold a Sundowner by no later than 8 weeks before the Sundowner Date.
11.4.    Exhibitors are responsible for keeping all alcoholic beverages within their Allocated Site.
11.5.    On the Sundowner Date, Exhibitors must ensure no alcohol is served from 5:30pm onwards and that all persons have vacated the Event Site by 6:00pm.
 

12.    Vehicles

12.1.    Vehicles must display an approved pass provided by the Event Organiser before entering the Event Site.
12.2.    Only demonstration machinery or vehicles or vehicles forming part of an Exhibitors’ display at their Allocated Site are permitted on the Event Site during the Event. Vehicles that do not form part of any demonstration by      Exhibitors must remain stationary at the Allocated Site during the Event.
12.3.    Exhibitors wishing to demonstrate machinery or vehicles must complete the form required by the Event Organiser by no later than 4 weeks before the commencement of the Event.
12.4.    All Exhibitors demonstrating machinery or vehicles must abide by the instructions of the Event Organiser, including but not limited to the transport of and movement of machinery or equipment to and from demonstration        areas.
12.5.    Demonstration vehicles may not move around the site unless accompanied by a pilot vehicle, organised by the Event Organiser.
12.6.    Service vehicles may access the Event Site for the purpose of restocking Allocated Sites from 6.00am until 7.45am on the days of the Event. All service vehicles must leave the Event Site by 7.45am on the days of the Event.
12.7.    Vehicles must not be left parked on any roadways or pedestrian areas at any time.
12.8.    Exhibitors, including their Workers, who fail to comply with this clause will be liable to pay a fee of $200 to the Event Organiser and the relevant machinery or vehicle may be removed from the Event Site at the Exhibitor’s    expense.
12.9.    Personal transport equipment such as golf carts, e-scooters, segways, motorcycles, side-by-side vehicles, skateboards, unicycles, and bicycles are prohibited from the Event Site without the written authorisation of the Event Organiser.
12.10.    The flying of drones and unmanned aerial vehicles by Exhibitors and/or their Workers without the written authorisation of the Event Organiser is prohibited.
 

13.    Animals

13.1.    Exhibitor must comply with the Australian Animal Welfare Standards and Guidelines and otherwise ensure all animals at the Event are treated in accordance with good animal welfare practices including adequate shelter,       feed and water, provision of a rest area and limited time on display.
13.2.    Exhibitors must complete a Livestock Waybill (if applicable) and provide a copy to the Event Organiser, no later than 9.00am on the first day of the Event.
13.3.    Animals are permitted to be left on Allocated Sites overnight during the Event.
13.4.    Any sickness or death of an animal at the Event must be immediately reported to the Event Organiser. Any animals that die at the Event must not be buried at the Event and must be removed discreetly and humanely at the    Exhibitor’s expense.
13.5.    Dogs are not permitted to enter the Event Site and any area utilised by the Event Organiser during the Event, including any caravan parks and carparks. The Event Organiser will allow service dogs with appropriate              harnessing to enter the Event Site during the Event.
13.6.    Exhibitors displaying sheep handling or containment products may hire sheep through the Event Organiser’s Online Exhibitor Portal.
 

14.    Competitions

14.1.    All competitions, games of chance and raffles (howsoever described) are prohibited unless approved by the Event Organiser.
 

15.    Vacating Allocated Sites

15.1.    Exhibitors must vacate their Allocated Sites in accordance with subclauses 15.2 and 15.3 by no later than 2 weeks after the conclusion of the Event.
15.2.    Exhibitors are responsible and liable for the condition of their Allocated Site from the time they commence occupying the Allocated Site until they have vacated and cleared the Allocated Site to the satisfaction of the Event    Organiser. Exhibitors who fail to clear their Allocated Sites to the satisfaction of the Event Organiser will be liable to pay a clean up fee of $500.
15.3.    Exhibitors must take all steps to ensure their Allocated Site is returned to its original condition, including but not limited to the removal of all exhibits, construction, and landscaping material on the Allocated Site and                   underground, such as mulch, concrete work, straw bales, and filling post/pole holes. Failure to comply with this subclause will result in the Exhibitor being liable to pay any costs incurred by the Event Organiser in returning the Allocated Site to its original condition.
15.4.    Exhibitors who fail to comply with subclause 15.1 will be liable to pay a daily holding fee of $250 to the Event Organiser for each and every day 2 weeks after the conclusion of the Event that they fail to vacate their Allocated Site, in addition to any fees or costs liable to be paid in accordance with clauses 15.2 and 15.3.
15.5.    The Event Organiser may sell any structure or part thereof or any plant or equipment which is or has been erected or placed on the Allocated Site and remains after the expiration of 30 days from the completion of the Event.
 

16.    Promotional materials and use of intellectual property

16.1.    Exhibitors may only use the Event Organiser’s intellectual property, including but not limited to the name and logos of the Event and the Event Organiser and any maps or images of the Event Site, with the Event Organiser’s written authorisation and approval.
16.2.    The Event Organiser will make digital marketing materials available for Exhibitors to use.
16.3.    Photography (still and video) taken by the Event Organiser, its representatives or accredited media during the Event will remain the property of the Event Organiser and may be used by the Event Organiser for promotiona purposes.
16.4.    Any Exhibitor that wishes to be excluded from media exposure or being photographed or filmed must advise the Event Organiser in writing at least one week prior to the event.
16.5.    Any images purchased or commissioned by Event Organiser are the property of the Event Organiser.
16.6.    The Event Organiser may edit supplied listings to conform to brand guidelines, grammatical rules, publication tone and style for reproduction in marketing collateral.
16.7.    The Event Organiser will endeavour to provide full and accurate listings from provided details, however, no compensation will be made for omitted or incorrect listings.
 

17.    Privacy

17.1.    The Event Organiser collects, uses and discloses personal information to administer the Event and for related purposes, such as promoting the event, in accordance with its Privacy Policy.
 

18.    General

18.1.    In these Terms and Conditions, the following terms have the following meanings:

• a)    Allocated Site means a site allocated to an Exhibitor for the Event pursuant to clause 2.
• b)    Applications means applications for an Allocated Site at the Event made pursuant to clause 1, including applications accepted by the Event Organiser.
• c)    Application Due Date means 5.00pm AWST on Wednesday 17 April.
• d)    Event means the Dowerin Machinery Field Days held at the Event Site on Wednesday 28 August, 8am – 6pm and Thursday 29 August, 8am – 4pm.
• e)    Event Organiser means Dowerin Events Management Inc.
• f)    Event Site means the site and location represented in Annexure A to these Terms and Conditions.
• g)   Exhibitor means any person, business, organisation or group that sells or promotes their services and/or products at the Event under these Terms and Conditions, or who has made an Application to sell, promote  and/or display their services and/or products at the Event pursuant to clause 1.
• h)   Shire means the Shire of Dowerin.
• i)    Site Fee means the applicable fee listed in Annexure B to these Terms and Conditions.
• j)    Sundowner Date means Wednesday 28 August.
• k)   Worker means any person carrying out work in any capacity for an Exhibitor and includes work as an employee, contractor, subcontractor, apprentice, trainee or volunteer.

18.2.    For the avoidance of any doubt, Exhibitors will be liable for any breach by their Workers of these Terms and Conditions or failure by their Workers to comply with these Terms and Conditions.
18.3.    Any notice required to be given by an Exhibitor to the Event Organiser under these Terms and Conditions must be given by email to eventco@dowerinfielddays.com.au unless these Terms and Conditions expressly provide  otherwise.
18.4.    No failure by the Event Organiser to exercise, and no delay in exercising, any right, power or remedy under these Terms and Conditions will operate as a waiver.