GOLD COAST MARATHON EXPO EXHIBITOR TERMS

Gold Coast Events Management Limited ABN 30 087 348 329 of 105 Upton Street Bundall Qld 4217 (EMQ) is the owner and organiser of the Gold Coast Marathon expo, which is staged at the the Gold Coast Convention Centre (Venue) in conjunction with the Gold Coast Marathon (GCM) in July each year (Expo).

The completed online Exhibitor Booth Booking Form (Form) and these terms (including any incorporated terms) form a legally binding contract (Agreement) between the organisation named on the Form (Exhibitor) and EMQ. By submitting the Form, Exhibitor has chosen to participate in the Expo and agrees to the terms of this Agreement.

A reference to Exhibitor includes a reference to all employees, contractors, directors, volunteers and agents of Exhibitor (personnel).

Booking Process

1. EMQ will not process any Form which is not clear or completed in full. EMQ reserves the right to not accept any Form in its absolute discretion.

2. If EMQ accepts the application, EMQ will send Exhibitor a confirmation email to the email provided on the Form. No Exhibitor booking is confirmed until the Exhibitor has paid the Exhibition Fees in full and has a written confirmation of booking and the allocation of booth or space (Booth).

3. Exhibitor must pay the Exhibition Fees by the due date specified in the registration system and/or on the confirmation email or invoice provided by EMQ. EMQ reserves the right to cancel or amend any booking (including reallocating, relocating or resizing the Booth) if payment of the Exhibition Fees or Deposit has not been received by the due date.

4. The Exhibitor will nominate a zone and preferences on the Form, but acknowledges and agrees that EMQ will determine the final layout of the Expo and exhibitor booths, including the Booth.

Inclusions & Operations

5. The Exhibitor must not:
(a) extend items outside the Booth;
(b) display materials that may be deemed offensive by EMQ or the Venue; and
(c) sub-let to other parties (whether or not for financial consideration) without EMQ’s express prior written permission.

6. EMQ will provide the Exhibitor with the items specified in the exhibition booth packages and exhibition floor space. Furniture and fittings in addition to what is provided as part of the Exhibition Fee can be ordered using the Form from the Expo supplier.

7. Power being 240-volt, single-phase power (4amps) is supplied as part of the Exhibition Fee. If Exhibitor requires more power, this must be requested direct with exhibition builder after booking. Standard lighting is included in each site. Exhibitor must provide its own extension leads with all cords and electrical devices displaying a current appliance test tag. Cords and electrical leads that are not displaying a current appliance test tag will be deemed to be non-compliant and their use will not be permitted. The Venue has a policy that all non-essential power within the exhibition space must be switched off overnight and the Venue (not EMQ) will charge the Exhibitor an “increased power consumption” charge of $100 for any breaches.

8. No additional storage is provided with Expo booths unless this has been ordered and paid for prior to bump-in. If Exhibitor does not purchase storage and only uses the space available in the Booth, any boxes or other packing materials must be covered and not seen by the public.

9. Exhibitor agrees that it will adhere to EMQ advised bump-in and bump-out times and the Booth will be fully staffed and operational for 15 minutes prior to, and 15 minutes after, the advertised public opening and closing hours.

Venue Conditions

10. These conditions grant EMQ the right to refuse Exhibitor personnel entry to, or evict from, the Venue if they are deemed to be a source of danger, nuisance, or annoyance or otherwise give rise to concerns in relation to the safety and security arrangements for the Expo, including excessive noise, use of foul, obscene, abusive or racist language or gestures, the wearing or other display of commercial, political or offensive signage or logos, or the throwing of any object that might injure or cause damage to people or property.

11. Exhibitor must comply with the directions or announcements from EMQ or Venue staff and any other requirements relating to access and safety given by EMQ or Venue staff or authorities.

12. Exhibitor must not adhere or affix to, write on, screw into, hammer or modify the supplied structure. If damage is made to any equipment or property associated with the Expo or Booth, Exhibitor is liable for such damage and must inform EMQ immediately.

Use of Image and Recordings

13. Exhibitor personnel may be photographed individually or in a crowd scene and/or voice recorded at the Expo, with or without knowledge. Exhibitor irrevocably and unconditionally consents without compensation to the recording, transmission and use of personnel likeness and/or voice by any means (including, audio and visual recordings by television cameras and photographers) throughout the world, to the fullest extent possible in perpetuity, by EMQ and its nominees.

14. Exhibitor is not permitted to transmit, broadcast, sell, license or otherwise publish, disseminate or reproduce any recordings (including photographic, video or sound recordings) of the Expo without EMQ’s prior written approval. If Exhibitor makes, reproduces or uses any recording, data or image prohibited under this condition, it must assign in writing all copyright and intellectual property rights to EMQ or its nominee.

Sampling & Sponsor Protection

15. Exhibitor must supply details of exhibition products, services or other items on the Form (Products). EMQ reserves the right to accept or decline any Product. Exhibitor must:
(a) ensure all Products are of the highest quality product or service standard, are free from defects in materials, design, workmanship and installation, not misleading and comply with all standards, laws and regulations;
(b) not promote or sell any Product that is considered by EMQ to conflict with EMQ sponsors. Current sponsor categories include athletic footwear, water; and
(c) not use the EMQ or GCM name, logo or branding in connection with its Booth, Products or advertising and promotions.

16. Venue has exclusive rights to the sale of food and beverage. Exhibitor must not bring into a licensed area, distribute or giveaway any item of food or beverage to visitors within the Venue without prior written approval from Venue Management. Any food sampling must be of bite size and sampling must be free, not sold to the public. All food and beverage sampling requires written approval 14 days prior to the Expo and charges may apply. For more information on the Venue sampling policy, please visit www.gccec.com.au or contact the venue on exhibitorservices@gccec.com.au.

17. EMQ has granted the merchandising rights for the GCM and Expo to an official merchandiser, which has the exclusive right to sell Licensed Product that carries the GCM name, logo and branding. An Exhibitor’s products must not conflict with the official merchandiser. Products for sale, giveaways or displays at the Expo must be approved by EMQ in writing prior to the Expo.

Risk, Indemnity & Insurance

18. Exhibitor acknowledges that whilst all care is taken, EMQ is not responsible for any loss or damage to any Exhibitor’s stock, equipment, reputation or goodwill that may result for whatever reason either before, during or after the Expo. EMQ does not provide overnight security of the exhibition space and security of the Exhibitors’ Booth and property is the responsibility of the Exhibitor at all times.

19. Exhibitor agrees:
(a) to comply with all relevant workplace health and safety regulations and to immediately rectify any concerns raised by EMQ or Venue;
(b) to safeguard your equipment, phones, cameras or property (including personal property such as bags and money) and acknowledge that EMQ is not responsible for any lost, stolen or damaged property; and
(c) not to bring any claim or proceeding against EMQ for any damage, loss, injury or liability it may suffer in participation in, or exclusion from, the Expo, including accessing the Venue.

20. Exhibitor indemnifies (on a full indemnity basis) and holds harmless EMQ, its directors, officers and employees from all and any claims, liabilities, suits, losses, expenses, actions, causes of actions, responsibilities or damages incurred by, or made against, EMQ (whether directly or indirectly), its directors, officers and employees:
(a) as a result of a breach of this Agreement by Exhibitor;
(b) as a result of the negligence of Exhibitor or any employee or contractor of the Exhibitor in relation to this Agreement or the Expo; or
(c) as a result of any claim by any person in respect of personal injury or death, or loss of or damage to property, arising out of or as a consequence of Exhibitor staging of its Booth, including Products and occupancy of the Venue.

21. Exhibitor must obtain and maintain, at its cost, all insurance it requires to cover its business and participation in the Expo, including workers’ compensation insurance required by Australian law and public liability insurance for at least than AUD$10 million. Exhibitor must provide a certificate of currency of their public liability upon booking to secure the Booth and advise EMQ in writing, as soon as practicable, of any occurrence that may give rise to a claim under a policy of insurance. Exhibitor must keep EMQ informed of all subsequent developments.

22. Except for liability that by law cannot be excluded, EMQ excludes all liability to Exhibitor in tort (including negligence), contract or bailment for acts or omissions of EMQ, its directors, officers or employees arising out of or in relation to the Expo or this Agreement.”

Privacy Statement

23. EMQ respects the privacy of the individuals on whom EMQ collects, uses and discloses personal information. The personal information that EMQ collects is used for the purpose of registration, the proper and efficient staging of the Expo, any bump-in and bump-out, de-identified post-Expo reporting and otherwise to give effect to any of its rights under this Agreement. Exhibitor may request access to personal information EMQ holds about it by sending an email to info@goldcoastmarathon.com.au.

Cancellations and Changes

24. Exhibitor may cancel the Booth up until 7 June 2024 inclusive, and a cancellation fee of equal to 50% of the Booth costs will be charged. Any cancellation after 7 June 2024 will incur a cancellation fee equal to 75% of the Booth costs. EMQ has the right to cancel any booking that has not paid in full or has not submitted a Public Liability Insurance Certificate after 7 June 2024 and will charge a cancellation fee accordingly.

25. If Exhibitor defaults in fully and punctually performing any obligation expressly contained or implied in this Agreement), EMQ may, without prejudice to any right under this Agreement:
(a) suspend delivery of any or all rights until that breach has been fully rectified to EMQ’s satisfaction, including suspension of access the Expo; and/or
(b) do, at its cost, all things necessary or desirable in EMQ’s opinion to make good, or attempt to make good, such default to the satisfaction of EMQ at Exhibitor’s cost.

26. EMQ may postpone, cancel, interrupt or stop the Expo, or deny access to the Venue, due to a force majeure event, adverse weather, dangerous situations or any other causes without any compensation to you.

General

27. For the avoidance of doubt, all costs associated with attending the Expo will be at Exhibitor’s own expense, including any travel, accommodation, food and beverage and uniform costs.

28. EMQ may choose not to enforce a term of this Agreement in some cases in its absolute discretion without affecting its right to enforce that term in other cases.

29. This Agreement:
(a) is governed by the law applicable in Queensland and each party submits to the jurisdiction of the courts of that territory;
(b) is the entire agreement between EMQ and Exhibitor in respect of its subject matter and supersedes all prior communications between the parties; and
(c) cannot be construed as creating a relationship between EMQ and Exhibitor of partnership, of principal and agent or of trustee and beneficiary.

30. EMQ reserves the right to update, modify or change these Terms from time to time. Any changes will be available on GCM’s website.