Manifest – Melbourne Anime Festival – 2006 Trader’s Contract 1) Introduction.
1.1 This document is a contract between the organisers of the event and the trader for setup evening and the duration of the event.
2.1 For the purposes of the entire document, the following definitions are to be used : (a) “the contract” means this document; (b) “the organisers” means the organising committee and delegates of the organisers as so appointed by the organising committee, of the Melbourne Anime Festival 2006 (under the registered names Melbourne Anime Festival Inc., & Manifest Convention); (c) “the organiser’s delegate” means the person that is nominated to be the liaison between the trader, the trader group and the organisers for the event; (d) “the event” means the Melbourne Anime Festival 2006; (e) “the duration” means the time at which the event is to be held, which, without limiting the generality of this definition, currently is on 23rd September 2006 from 9 am to 9 pm and 24th September 2006 from 9 am to 9 pm; (f) “the setup evening” means the time where the organisers will allow the trader group access to the premises for the sole purpose of setting up before the event, which is to be on 29th September 2006 from 4 pm to 8 pm; (g) “the trader” means the company or business that is named at the end of this document and signed herewith by an authorized representative of the company as signed; (h) “the trader group” means and refers to all companies, businesses and organisations (profit or non-profit) that have signed a contract in this form; (i) “staff” means any employees that the trader has nominated to work at the event; (j) “goods” means any legal goods and merchandise that the trader will be selling at the event. Items classified as bootlegs are not legal merchandise and can not be sold; (k) “equipment” means any equipment that is the property of the trader that, while not specifically for the purposes of sale, are related to providing a means for sale of goods for the duration of the event; (l) “attendees” means the people that are fully paid members of the event, and are signatories to the Attendees' Code of Conduct; (m) “Attendees Code of Conduct” means a document that all members of the event are signatory to, outlining the basic behavioural requirements of the attendees; (n) “the premises” means the venue where the event will be held, which includes The University of Melbourne’s Economics & Commerce Building, the Old Arts Building, Wilson Hall, the surrounding areas and any other areas as defined by the organizers before the event. (o) “the standard tables” means the tables that will be provided by the organizers for the duration of the event to the trader, and are approximately of the size 180cm width by 76cm depth by 90cm height; (p) “the badges” means badges that identify the trader’s staff as persons under the employ of the trader for the duration of the event. (q) “Manifest’s mailbox” means the postal address that mail for and relating to the
event should be sent to. The address being: Manifest 2006 PO Box 14191 Melbourne VIC 8001
3) The Purposes of this document.
3.1 This contract is in relation to the provision of the standard tables to the trader for the purposes of: (a) the sale and on-sale of goods as the trader sees fit; and/or (b) the display of the trader’s goods for viewing purposes by the attendees of the event. 3.2 This contract will be binding to: (a) the trader that is the signatory to the contract; (b) all staff employed by the trader for the purposes of paragraph 3.1 above, whether or not they are also attendees of the event.
4) The event.
4.1 The event will be held at the premises for the duration of the event. 4.2 The traders group will have access to the premises for the setup evening. 4.3 The trader group will be required at the Trading area by 9:30am on the Saturday and Sunday during Manifest Weekend. 4.4 The traders will be allowed to participate in paragraph 3.1(a) for only the duration of the event. 4.5 The trader will not be allowed during the setup evening to participate in activities in paragraph 3.1(a) above. 4.6 The contract will be binding for the duration of the event and all rights thereafter ceasing and the contract concluded. 4.7 If there are any changes to the contract to be made, the organisers will notify the trader group by mail or email no later than 20 working days before the commencement of the event.
5) General Requirements.
5.1 The organisers will provide to the trader group: (a) the standard tables as requested by the trader; and (b) a representative (the organizer’s delegate) that will be available for the duration of the event that will be available for the purpose of: i. enquiries; ii. passing information from the organisers to the traders; and iii. addressing issues; that may arise in relation to the trader or the trader group. 5.2 The trader must nominate to the organisers a representative who will be contactable for the duration of the event. This person will be considered the responsible person in reference to the trader for the duration of the event. 5.3 The trading/sale of bootlegged items is not permitted at the event and will not be tolerated by the organisers. If Manifest suspects an item is bootlegged you will be required to remove it from sale at the event. 5.4 Prior to the event any correspondence regarding any issues covered in the contract must be in writing and sent to Manifest’s mailbox.
6) The trader’s tables - size, cost, placement.
6.1 The organisers will provide the number of standard tables as specified by the contract and agreed to by the organisers. 6.2 All floor space in front of the standard tables will not be available for any display use, and must be kept clear of any forms of obstruction to the traffic of attendees and the trader group for the duration of the event. 6.3 (a) The cost of the standard table will be $180 per standard table. (b) Subject to organisers’ approval, traders may be eligible for a negotiated table rate. i. Such rates will depend on the nature of the goods/services provided in paragraph 3.1(a) & (b). 6.4 The total hire cost incurred by the trader will cover the hire of the standard tables for the duration of the event only. 6.5 Tables that are not issued by the organisers may be used subject to the following. (a) Non-issued tables cannot supplement tables issued by the organisers; (b) augment the area in front of the standard tables in use during the event; (c) and will be subject to the approval of the organisers. 6.6 The organisers will determine the position of all of the trader group tables prior to the event. 6.7 Without limiting the specificity of the clause, any realignment, relocation and general movement of the standard tables from their positions as defined by the organisers as erected will require permission to be granted from the organisers or the organiser’s delegate. 6.8 Each trader’s respective tables will be marked prominently with the trader’s name (as provided in this contract).
7) Storage and Maintenance of goods.
7.1 The organisers are not under obligation to: (a) provide the trader group with storage space of any sort for the duration of the event; and/or (b) provide the trader group with assistance in the maintenance of goods. 7.2 Any storage of goods or equipment by the trader on the premises for periods that are not in the duration of the event is done so at the trader’s risk. 7.3 The organisers will not accept or claim responsibility for any goods or equipment that may be lost, damaged or destroyed in any way or form for the duration, and outside the hours of the duration, of the event.
8) The badges for the trader’s use.
8.1 The trader will be allocated four badges per standard table. 8.2 The badges are transferable between staff of the trader subject to: (a) paragraph 11 below; and (b) the trader’s discretion. 8.3 All staff participating in activities as per paragraph 3.1(a) & (b) above for the trader must have the badges displayed prominently. 8.4 The badges do not accord to the holder any privileges accorded to attendees of the event.
9) Refunds on the standard tables.
9.1 If the trader is unable to attend the event, the trader must notify the organisers of their non - attendance in writing or by email no later than 15 working days prior to the event. 9.2 If the trader notifies the organisers within the time limit stated in paragraph 9.1 above, the organisers will refund to the trader the full cost of hiring the standard tables for the duration of the event. 9.3 Failure to provide notification, or failure to notify within the time limit stated in paragraph 9.1 above will result in forfeiture of all hire costs for the standard tables.
10) Audio and Visual Equipment.
10.1 Any audio and/or visual devices brought by the trader to the event must not create any form of visual and/or aural emissions that will: (a) create levels of distraction that will impede the conduct of: i. the trader group; ii. attendees of the event; and (b) possibly cause any form (immediate, foreseeable and long-term) of physiological, physical and mental injuries to: i. the trader group; and ii. attendees of the event. (c) contain content that is unsuitable for supervised minors, i.e. rated MA15+ and above. 10.2 The assessment of whether any devices violate paragraph 10.1 above will be at the discretion of the organisers and/or the organiser’s delegate.
11) Conduct of the trader and staff.
11.1 The trader will be required to submit to the organisers a list of staff that will be employed by the trader over the duration of the event no later than 10 working days before the event. 11.2 All staff that will be required to sign the Trader's Code of Conduct. 11.3 It is the trader’s responsibility to: (a) ensure that all staff are signatories to the Trader's Code of Conduct; (b) ensure that all staff abide by the Trader's Code of Conduct whilst participating in activities pertaining to paragraph 3.1.
12.1 All issues and disputes relating to the trader group prior to the duration of the event and the setup evening must be resolved between the trader and the organizers before the event. 12.2 All issues and disputes relating to the trader group that occur for the duration of the event and the setup evening will be resolved between the two parties in dispute, may that be, the trader group, the organiser’s delegate or any nominated delegate of the organiser’s discretion. 12.3 All decisions made by the organisers and the organiser’s delegate are final and not subject to negotiation once the decision is passed. This includes decisions about bootleg items.
13.1 Penalties for breaches by the trader of this contract are subject to the discretion of the organisers, the organiser’s delegate and any nominated delegate at the organisers’ discretion. 13.2 If the trader is found to be violating paragraph 5.3 the trader will be asked to withdraw the item from sale. Failure to comply will result in ejection from the venue without refund. Trader groups must leave the premises within 1 hour of being notified. 13.3 Breaches of contract include but are not limited to violations: (a) by the trader and/or staff; and (b) of the Attendees Code of Conduct by staff wearing the badges. 13.4 Penalties may consist of: (a) verbal and/or written warnings which may lead to; (b) expulsion from the event.
Trader’s Nominated Representative:
Trader’s Nominated Representative Signature:
Office use only Tables allocated: Traders passes: Discounted Memberships Purchased: Signature of Organiser's Delegate: