CLIENT

As named in the corresponding Proposal and/or Invoice.

ORGANISER

Carpe Diem Events and Marketing

ABN: 39625591755

Level 1, 530 Little Collins Street, Melbourne, VIC 3000

(the “Contractor”)

BACKGROUND

A.This agreement is made between Carpe Diem Events and Marketing

ABN: 39625591755 (“Organiser”) and the organisation agreeing to exhibit (“Exhibitor”) for the event, International Student Summit 2024 (‘Summit’).

The Exhibitor agrees to the following terms and conditions.

1. SERVICES PROVIDED

1A. The Exhibitor hereby agrees to engage the Organiser to provide the Client with the services mentioned in the corresponding Proposal and/or Invoice.

1B. The Organiser will organise and conduct the event or other activity on behalf of the Exhibitor in accordance with the Booking Agreement.

2. LOCATION AND DATE OF EVENT

The Summit will be held on 02 March 2024 at the Melbourne Town Hall (The Venue).

3. EXHIBITOR CONTACT

The person who signs the Exhibitor Booking Agreement (including these terms and conditions) (“Booking Agreement”) is authorised to sign on behalf of the Exhibitor. Should the contact person change prior to the event date, the Exhibitor must notify the Organiser. The Exhibitor will still be responsible for the management of the stand and is liable for the expense of the stand. Change of booking contact person is not a valid reason to void this agreement.

3. CHANGES

Terms and conditions must be strictly adhered to. Amendments may be made by the Organiser, in which case, the Exhibitor will be notified in writing.

4. PAYMENT TERMS

4A. Upon the Organiser receiving a signed Booking Agreement, the Exhibitor is considered confirmed for the event.

4B. All Exhibitors must pay the full booking fee within 14 days of the invoice date. All accounts must be paid in full prior to the event taking place.

5. CANCELLATION TERMS

5A. Any cancellation received in writing prior to 1 Nov 2023 will be subject to a 30% cancellation fee. If the booking has been paid in full, a refund of 70% will be given. If the booking has not been paid, 30% will be due for payment prior to the event start date.

5B. Any cancellation received in writing between 2 Nov 2023 and 01 Dec 2023 will be subject to a 75% cancellation fee due for payment before the event start date.

5C. Any cancellation received between 1 Dec 2023 and the event date will be subject to a 100% cancellation fee, which will be due for full payment before the event starts.

5D. The Client acknowledges and agrees that in the event of late or non-payment of any fees due under this Agreement, the Client shall be liable for all costs and expenses associated with the recovery of such fees, including, without limitation, reasonable attorneys’ fees, court costs, and any other costs incurred by the Contractor in collecting such fees.

6. CREDIT CARD PAYMENT

If credit card details are provided for payment specified in the Booking Contract, the Exhibitor authorizes the Organiser to use debit the abovementioned card along with any merchant fees reasonably incurred on or after the dates specified for payment.

7. ALLOCATED SPACE

The Summit must only use the assigned Exhibitor space to display and promote the sale of goods and services relating to the exhibition’s subject matter. The Exhibitor must ensure that its promotion and activities do not interfere with the order, safety and space of the Summit or other exhibitors.

8. SUBLETTING

No stand may be assigned, sublet or hired to any third party without the consent of the Organiser. The exhibitor shall not allow anyone other than the Exhibitor’s staff or personnel to occupy the premises without the prior consent of the Organiser.

9. FORCE MAJEURE

The Organiser may, at its discretion, return part of its payments by the Exhibitor if the Organiser’s supply of services is prevented, postponed or abandoned by reason of any cause not within the control of the Organiser.

10. SAFETY

The Exhibitor is responsible for the safety and security of its products and stand. The Organiser bears no responsibility for the Exhibitor’s goods/ equipment/stock or your legal liability.

11. CLEANING

The Exhibitor shall keep the stall clean and tidy during the bump in, operation hours and bumping out. The Organiser reserves the right to charge an additional fee to the Exhibitor for the reasonable charges incurred for cleaning or removing any rubbish or other items left by the Exhibitor.

12. HAZARDOUS MATERIAL

The Exhibitor is responsible for ensuring they do not bring any hazardous items to the Venue. The Exhibitor authorises the Organiser to take appropriate actions, including but not limited to removing or destroying hazardous material.

13. VARIATION

13A. The Organiser reserves the right to amend the dates for holding the Summit. Organisers will not be responsible for any loss occasioned thereby. The Organiser also reserves the right to close The Summit or vary its hours.

13B. The Organiser, under its full discretion, have the right to determine, amend or alter the Exhibitor’s location.

14. CONSEQUENTIAL LOSS

To the extent of the law, the Organiser or its employees, agents, contractors and sub-contractors shall not be liable to the Exhibitor for its loss or damage, including any consequential loss arising from the Exhibitor’s participation in the event.

15. INDEMNITY

The Exhibitor and its personnel shall comply with all rules and regulations of the venue, State and Commonwealth regulations and other regulatory government bodies and must discharge and indemnify the Organiser, its employees, agents, and contractors from any loss or liability caused by the breach of:

A. Terms and conditions by the Exhibitor

B. The Exhibitor’s use and attendance at the Summit

C. Any injury or damage sustained due to any act or omission of the Exhibitor or

D. Damage to the exhibits or accessories by loss, damage, theft, fire, water, storms, riots or other cause whatsoever.

16. DAMAGE

The Exhibitor acknowledges that they will be liable for any damages caused to the venue’s walls, stalls, floors or fitting.

17. WALKWAY

Business must be conducted only within the Exhibitor’s own space/stand. Furniture and/or promotional material must not be projected onto walkways. Walkways must be kept clear at all times.

18. CUSTOM STANDS

All custom build stands, displays and vehicles must be approved by the Organisers (such approval not to be unreasonably withheld) and the Venue at least 14 days prior to the event start date. They must be removed from the venue prior to 5 p.m. on the event day.

19. INSURANCE

Exhibitors are requested to obtain and hold insurance for their stand display equipment or activity performed within their stand. The Organiser will not be held liable for any theft or damage to the stand or equipment or any injury caused to exhibitor staff or event attendees by activities performed by the Exhibitor.

20. COVID-19

Should the event need to be cancelled during the event dates due to COVID regulations or lockdown, a credit will be offered by the Organiser pro rata for event days not opened. This credit can only be used towards the next organised event and will become void if not used. Refunds will not be offered for event days not opened.

21. EVENT COMPLIANCE

Exhibits shall remain at the event in compliance with these rules and regulations. The Organiser reserves the right to prohibit in whole or in part and reject any Exhibitor or its representative in the case of material failure to comply with the rules and regulations. There shall be no payment refund if such action is deemed necessary.

22. DAMAGE

The Exhibitor acknowledges that they will be liable for any damages caused to the venue’s walls, stalls, floors or fitting.

23. INDEPENDENT CONTRACTOR

In providing the Services under this Agreement, it is expressly agreed that the Contractor is acting as an independent contractor, not an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for the event.

24. GOVERNING LAW

32. This Agreement will be governed by and construed in accordance with the laws of the State of Victoria.

25. SEVERABILITY

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

26. PROPERTY

Exhibitor represents and warrants that it has all necessary rights and licenses to use all materials provided to Organiser, including images, logos, and other copyrighted materials. Exhibitor shall indemnify and hold harmless Organiser from any claims or damages resulting from using such materials.

27. ELECTRONIC SIGNATURE

Exhibitor receiving and signing this document hereby agrees to the use of an electronic signature and acknowledges that such signature shall be deemed to have the same legal effect as a handwritten signature. The Exhibitor understands that by providing their electronic signature, they are authorising the validity of the terms and conditions contained in this document.

28. ACCEPTANCE

By accepting the proposal, the Exhibitor acknowledges and agrees to the terms and conditions outlined in this Service Agreement. Such acceptance and payment shall constitute a legally binding digital signature by the Exhibitor, enforceable under Australian law.