2013 BOOKING FORM - Food South Australia

Please fax or email completed Booking FormFax: (08) 8210 6750cellardoor@adelaidecc.com.auwww.cellardoorwinefestivaladelaide.com.au2013 BOOKING FORMNB: *Actual details to be featured for all Festival promotions, website, signage, event program, listings, database etc.Exhibitor Company NameABNTrading Name (invoice to be issued to)Contact Name Title Position*Cellar Door/ Store Street AddressPostcodePostal AddressPostcode*Cellar Door/ Store TelDirect Office TelMobile Fax Direct Email*WebsiteWinery EmailParticipation fee of $750 (+ GST) includes at Festival:• 1x clothed exhibition trestle table (1800 x 750)and two chairs• Fascia signage• 1x plastic tub to chill wine (dims approx. 800 x400 x 400)• Bulk wine cooling facilities, plus 2 x bags of iceper day• 2 x VIP Preview tickets• 2 x Trade Hour Tickets• Free wifi• 2 x 10L casks of water• 1 x 3 day ACC car park pass• 2 x Riedel wine glasses (yours to keep!)• 2 x Transferable Exhibitor Passes• Off site freight consolidation- includingtransport to and from the ACC• On-site storagePreferred wine region to be featured inI’d like to donate 2 bottles for the Wine Wall - The Best SA Wine Major Prize Yes NoI’d like to book spaces @ $750 each (+GST) Sub total $I’d like to book spaces in ‘Varietal View’ area @ $140 (+ GST) Sub total $DO NOT include me on any mailing lists for special offersTOTAL $I confirm the *details above are correct and can be included in the Festival’s marketing collateral and databaseI agree to comply with the Terms & Conditions for participation in Cellar Door Wine Festival - AdelaideSignedDateNB: Confirmation of participation is subject to receipt of non-refundable part payment of $200 - due 14 days from date of invoice- see overfor detailsCellar Door Wine Festival - Adelaide is organised by Adelaide Convention Centre ABN: 59 577 366 869A tax invoice will be sent to you upon receipt of this Booking FormTerms & Conditions - see over

1. Terms and Conditions1.1. These terms together with the Booking Form comprise the sole terms of the agreement betweenACC and the Exhibitor (Agreement) for participation in the Cellar Door Wine Festival Adelaide (Event).This Agreement prevails over any terms put out by the Exhibitor unless ACC expressly agrees inwriting.1.2. In the case of inconsistency between these terms and the Booking Form these terms apply(unless the Booking Form expressly states a provision in the same overrides these terms). Except asrequired by the mandatory operation of law all implied terms and conditions are excluded.2. Event and Payment2.1. The Exhibitor agrees to comply with this Agreement. Subject to this Agreement, ACC will providethe Exhibitor with the allocated Stand and the equipment and services specified in the Booking Formfor the Event Period so the Exhibitor can participate in the Event.2.2. The Exhibitor agrees to pay ACC the participation fee specified in the Booking Form(Participation Fee) in the manner specified in the Booking Form. A $200 initial part payment ispayable within fourteen (14) days of receipt of ACC receiving signed Booking Form, with remainingoutstanding balance due six (6) weeks prior to the Event. Participation in the Event is only securedonce full payment of all monies owed is received.2.3. This clause applies if the Exhibitor repudiates this Agreement by not participating in the Event. Inthis clause a Cancellation Notice means written notice from the Exhibitor to ACC that the Exhibitorelects not to participate in the Event. The part payment paid to confirm booking is non-refundable.Once full payment is received and if a Cancellation Notice is received by ACC on or before 1 February2013 then ACC may retain absolutely 50% of the Participation Fee. If (a) a Cancellation Notice isreceived by ACC on or after 1 February 2013, or (b) no Cancellation Notice is given at all and theExhibitor does not participate in the Event, then ACC may retain absolutely all of the Participation Fee.If the Exhibitor has not paid the Participation Fee the Exhibitor must immediately pay ACC an amountequal to the portion of the Participation Fee ACC is entitled to retain under this clause. The Exhibitoracknowledges that the retention of the Participation Fee by ACC under this clause is a genuine preestimateof ACC’s likely loss and damage arising from the Exhibitor’s repudiation of this Agreementunder this clause.2.4. The Exhibitor consents to ACC using the Exhibitor’s name and logo in advertising and promptingthe Event. The Exhibitor must not advertise or promote its participation at the Event without ACC’sprior written consent (which such consent ACC will not unreasonably withhold).3. Exhibitor’s Stand, Set Up and Exit3.1 The Exhibitor’s Stand will be located in the designated area for the wine growing region specifiedby the Exhibitor in the Booking Form. The location of the wine growing regions and of the Exhibitor’sStand will be determined by ACC in its sole discretion and is subject to change. The determination ofthe wine growing regions and the region within which the Exhibitor is allocated will be determined byACC in its sole discretion and is subject to change.3.2 The Exhibitor’s Stand must be set up and removed in accordance with instructions from, and withinset time frames set by, ACC. If the Exhibitor arrives later than the designated set up time the Exhibitorwill not be permitted to set up while the Event is being conducted.3.3 The Exhibitor agrees to provide free standard 50ml wine tastings to all visitors3.4 The Exhibitor must provide ACC with information as to the proposed look, activities andappearance of the Stand (including posters, displays and lighting) and must comply with anyreasonable directions from ACC in respect of the look and appearance of the Stand so as to ensure thelook and appearance of the Stand is professional and in keeping with the nature of the Event. TheExhibitor must inform ACC of any plans to alter the appearance of the Stand. ACC may in its solediscretion prohibit or require the Exhibitor to remove any part of the Stand which is not approved of byACC or which ACC considers may damage or discredit the Event.3.5 All goods arriving at ACC’s Loading Dock must be accompanied by ACC issued Exhibitor deliverylabel. The Exhibitor’s goods may only be sent to the Premises during the designated move in periodas specified by ACC.3.6 The Exhibitor agrees to Vacate the Premises by the end of the Event Period. Where the Exhibitorfails to Vacate the Premises by the end of the Event Period, ACC will be entitled to recover from theExhibitor any damages, loss, costs and expenses that ACC may suffer as a consequence of theExhibitor’s failure to Vacate.4 Exhibitor’s Obligations4.1 The Exhibitor must ensure that any Personnel comply with any obligations imposed under theAgreement in respect of the Exhibitor’s or the Personnel’s use of, and required conduct in, thePremises and Stand. The Exhibitor must at all times (a) ensure the Stand is open and operated duringthe Event Period, (b) ensure the Stand is staffed by Personnel who are suitably qualified and that thePersonnel act in a professional and courteous manner, (c) keep the Stand in a clean and tidy condition,and (d) not in any way interfere with, hinder, obstruct, impede, or be a nuisance (including by excessivesound) to any of the other users of the Premises or other exhibitor’s at the Event (including notobstructing neighbouring stands or aisle ways).4.2 The Exhibitor must not, without ACC’s prior written consent (which consent must be sought atleast 20 days prior to the commencement of the Event) (a) conduct any competition or trade promotionwhere there is an element of chance, (b) provide food tastings or any giveaways of any kind, (c) sub-letor share their Stand with any other persons, and/or (e) allow a Dangerous Substance, article orequipment to be brought into the Premise.4.3 Where the Exhibitor sells bottles of wine from the Stand, the Exhibitor must ensure Personnelinform the customer that bottled wine is not to be opened or consumed on the Premises and enforcethe same. The Exhibitor will be responsible for their own handling of transactions involving the sale ofbottles of wine.4.4 The Exhibitor is responsible for any damage or loss caused to the Premises and property andfixtures at the Premise’s, by any act or omission by the Exhibitor or the Personnel and for any cleaningto the Premises above and beyond normal use and wear and tear where caused by any act oromission of the Exhibitor or the Personnel. The Exhibitor agrees to pay ACC, on demand, the amountrequired to make good or remedy such damage or loss or carry out such cleaning. The Exhibitor mustcomply with all applicable laws and ACC’s Policies in respect of the Event and the use of the Standand Premises and conduct of the Event.4.5 The Exhibitor must provide to the ACC, by no later than 1 January 2013, a copy of Public LiabilityInsurance certificate of currency.4.6 The Exhibitor must comply with all stipulations and regulations as set out in the ACC issuedFestival Handbook, provided to the Exhibitor in due course.5 Liquor Licensing Requirements5.1 Each Exhibitor must apply for all relevant Limited Liquor Licenses based on the activities to beundertaken at the Festival.5.2 An Exhibitor wishing to provide/ sell full glasses of wine to patrons at the Festival, or sell fullbottles of wine for off site consumption are responsible for obtaining their own Limited LiquorLicenses. Each winery should make appropriate applications with the Office of the Liquor &Gambling Commissioner and manage these Licenses accordingly. In this instance, eachindividual exhibitor is responsible for any costs and obligations associated with this licensing.5.3 The Exhibitor must provide the ACC with a copy of said Limited Liquor Licenses no later than 1January 2013.6 Occupational Health and Safety ObligationsThe Exhibitor must comply with all the South Australian laws and regulations relating to occupationalhealth, safety and welfare at all times while on the Premises and ensure that all Personnel are aware ofand comply with the same. If the Exhibitor fails to do so ACC may, in ACC’s absolute discretion takeany action it deems necessary (including requesting an activity be stopped or refusing entry or theremoval of Personnel) and the Exhibitor must provide any assistance required by ACC. All electricalequipment used by the Exhibitor must comply will South Australian law and applicable AustralianStandards and be tested and tagged to confirm compliance with the same.7 Liability and Indemnities7.1 By signing the Agreement the Exhibitor agrees to indemnify ACC to the fullest extent permitted bylaw from the following (except to the extent caused by ACC’s negligence or wilful conduct) (a) anyclaims action, damage, loss, liability or cost (including legal fees on a solicitor/client basis) (Liability)which ACC incurs which arises out of any breach by the Exhibitor of this Agreement or any negligenceor wrongful act or omission by the Exhibitor or the Personnel, and (b) Liability for the death of, or bodilyinjury arising from any cause whatsoever on or about the Premises to the Exhibitor or the Personnel, orany other person.7.2 ACC will not be liable to the Exhibitor for any economic loss, consequential, contingent, special orindirect damages or loss arising in connection to this Agreement (including from any act or omission byACC in performing this Agreement, for a breach of contract, warranty or negligence). ACC will not beliable for the theft, loss or damage of any property (including wine) of the Exhibitor occurring on thePremises. The Exhibitor acknowledges and agrees that ACC has not made any representation as tothe success of the Event (including as to the type or level of participation) or as to any business orbenefit which may accrue to the Exhibitor from participating in the Event.7.3 If goods or services ACC supplies are not of a kind ordinarily acquired for personal, domestic orhousehold use or consumption, then ACC’s liability for a breach of a condition or warranty of supply(including a condition or warranty implied by the Trade Practices Act 1974 (Act) other than undersection 69 of the same) or this Agreement is limited to (as ACC may decide) (a) in the case of goods (i)the replacement of the goods or the supply of equivalent goods or the repair of the goods, or (ii) thepayment of the cost of replacing the goods or of acquiring equivalent goods or of the cost of having thegoods repaired, and (b) in the case of services the supplying of the services again or the payment ofthe cost of having the services supplied again.8 Force Majeure8.1 ACC will not be liable for delay or failure to perform any of ACC’s obligations under this Agreementto the extent that such delay or failure is caused by a Force Majeure Event. A Force Majeure Eventmeans any circumstance not within ACC’s direct or reasonable control including labour disputes,shortage of materials or goods, destruction or damage to the Premises, breakdown or damage toACC’s plant or equipment, breach of contract, default or insolvency of any third party, an act ofgovernment or governmental authority, terrorism, disruption to the supply of power, gas, water,electronic or telecommunication services, civil disorder, the weather or other natural events.8.2 ACC may terminate this Agreement or postpone or cancel the Event by notice to the Exhibitor afterthe occurrence of a Force Majeure Event. Where this Agreement is terminated pursuant to this clause,the Exhibitor will be repaid all sums paid up to the date of the termination.9 Disposal of Property Left at PremisesACC accepts no responsibility for any property of the Exhibitor or the Personnel which is brought ontoor left on the Premises at the expiry of the Event Period (Property). ACC may, in its sole discretion,elect to collect and store Property (for which ACC accepts no liability for safe keeping of the same) orotherwise dispose of Property. The Exhibitor is liable for any costs associated with whichever courseof action ACC elects to take (Removal Costs). If the Exhibitor fails to pay Removal Costs within 5Business Days of the presentation of a tax invoice, ACC may sell the Property and set off the proceedsof the sale against any sums owing to ACC. Where ACC have disposed of the Property, or otherwiseare unable to sell it, the Removal Costs will become a debt due and payable by the Exhibitor to ACC.10 TerminationACC will be entitled to terminate this Agreement if the Exhibitor (a) repudiates this Agreement, (b) is inbreach of any provision in the Agreement and fails to remedy the same within any time reasonably setby ACC to do so, (c) fails to produce requested documentation including as set out in Clause 4.5 and5.3 of this Agreement (d) becomes (i) bankrupt or insolvent, (ii) if a company, it becomes an externallyadministeredbody corporate or has a controller appointed over any of its property, or (iii) if anindividual becomes an insolvent under administration (italic terms in this clause have the meaninggiven in section 9 of the Corporations Act 2001).11 GeneralSubject to this clause, this Agreement can only be amended by the written agreement of ACC and theExhibitor. The Exhibitor may not assign the Exhibitor’s rights or obligations under this Agreementwithout ACC’s prior written consent, which consent will be at ACC’s absolute discretion. ThisAgreement is governed by South Australian law and any dispute arising in connection with a contractor these terms is subject to the non- exclusive jurisdiction of the courts of South Australia (and theFederal Court of Australia Adelaide Registry). The Exhibitor must pay ACC all of ACC’s costs (on asolicitor/client basis) ACC incur in the recovery of monies owing by the Exhibitor or otherwise inenforcing ACC’s rights against the Exhibitor under the Agreement. The Exhibitor must pay all of itsown costs and expenses in respect of carrying out the Exhibitor’s obligations under the Agreement. Aparty waives a right under this Agreement only by written notice that it waives that right. A waiver islimited to the specific instance to which it relates and to the specific purpose for which it is given.12 Understanding this AgreementIn this Agreement:ACC means Adelaide Convention Centre Corporation (ABN 59 577 366 869).Booking Form means the document of that name which is attached to these terms.Dangerous Substance means any substance or article which may create a risk of fire, explosion orthe release of noxious gases, or cause damage to the Premises or its contents, or create any risk tothe health and safety of occupants of ACC.Exhibitor means the entity or person specified as the “Exhibitor” in the Booking Form.Participation Fee means the participation fees specified in the Booking Form.Event Period means the period from 22 to 24 February 2013 during the times specified by ACC.Personnel means any agent, contractors, employees or personnel of the Exhibitor.Policies means any of ACC’s policies or requirements including as set out in any operations manualsor handbooks which ACC provides to the Exhibitor.Premises means (a) the premises of the Adelaide Convention Centre, or any part thereof, and (b) anycommon areas surrounding the premises of the Adelaide Convention Centre which ACC has nonexclusive rights to use.Stand means the specific part of the Premises where the Event is to be conducted which is allocatedto the Exhibitor for the purpose of having a stand and participating in the Event.Vacate means the removal of all signs, posters, equipment, wine and other things and goods broughton to the Premises and Stand by the Exhibitor and ensuring no Personnel remain on the Premise.InitialSignature