Gallery Infor-mation Pack - Melbourne Art Foundation 2022 Melbourne Art Fair 17-20 Feb 22
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Gallery
Infor–
mation
Pack Melbourne
Art Fair
17–20 Feb 22
Melbourne
Convention
and Exhibition
Centre
Presented by
Melbourne Art Foundation 2022 melbourneartfair.com.au04 Artistic Program 08 Application Information 10 Sectors 10 Additional opportunities 10 How to apply 12 Venue 14 The organisers 18 Terms and conditions
Melbourne Art Fair is Australasia’s progressive forum for
contemporary art and ideas, presenting new and iconic
work from artists represented by 50 of the region’s leading
galleries. With a focus on solo shows and works of scale
and significance, Melbourne Art Fair invites galleries
to participate in a Fair that is instrumental in shaping the
future of art in the region.
Melbourne Art Fair continues to be a seminal fixture
on the Australasian cultural calendar, stimulating critical
and commercial attention for galleries and their artists
for over 30 years. The 16th edition moves to the Victorian
summer taking place 17—20 February 2022 within
its new home, the world-class DCM designed Melbourne
Convention and Exhibition Centre.
With this global creative city as a backdrop, Melbourne
Art Fair will continue its lead role in the region for
fostering the development of new audiences and markets
for contemporary art.
Melbourne Art Fair acknowledges the Traditional Owners,
the Wurundijeri and Boon Wurrung people of the Kulin Nation,
on whose land we will meet, share, and work. We pay our
respect to Aboriginal and Torres Strait Islander People from
all nations of this land.
Melbourne Art Fair is supported byGallery Information Pack Melbourne Art Fair 17–20 Feb 2022
03 Lizard Tail (Dawn) by Hiromi Tango, represented by Sullivan+Strumpf. Commissioned by MLC Life Insurance and Melbourne Art Foundation. Photographed by Michaela Dutkova. Melbourne Art Fair 2018.
04 Artistic Program
In 2022, Melbourne Art Fair invites artists to
explore the relationship between contemporary
art and Place through its commissions,
installations, performance, international video
program and conversations series.
Place is
to be within
a world.
Gallery Information Pack Melbourne Art Fair 17–20 Feb 2022Physically, temporally and psychically bound, place
shifts, expands and contracts with our inhabitation,
becoming an assemblage of all that has come before
and that which is yet to arrive; place as a composite
of human and non-human knowledge, attitudes
and practices.
The recent social, ecological and political tumult
has caused our sense of place to shift irrevocably.
We take this as a challenge: to consider the ways in
which we think and create from known places, to offer
new frameworks that benefit from the possibilities
and complexities of this moment.
We will explore the intricate relations between
place, history and belonging; reverberating society’s
concern for the abrupt alteration of place under
pandemic conditions and the ongoing displacement
and dislocation of people.
We will address, through a contemporary art lens,
the ease with which we accept the unsustainable ways
of a globalised world in a willful act to think more local.
At the same time, we will give stage to the collective
desire to define new places and positions through the
advancement of rights and the privileging of
underrepresented voices.
Melbourne Art Fair, one of the oldest art fairs in the
Asia Pacific, will reflect upon its geographical position
as a locus for such intersecting urgencies, convening
artists to redefine and deepen our relationship to place
as both individuals and collectives.
0506 Artistic Program
Participate in a fair that is instrumental in shaping
the future of art in the region, a progressive forum
for contemporary art and ideas.
Commission
A major drawcard of Melbourne Art Fair will be
the 2022 Melbourne Art Foundation Commission,
awarded to an artist represented by an exhibiting
gallery that will be invited to create a new work
in response to the theme of Place.
The program, now in its ninth edition, provides
a living artist with a rare opportunity to realise
a large-scale work unveiled at the Fair and later
gifted to a prominent Australian institution. Previous
partners in the program include HOTA Gallery,
Bendigo Art Gallery, NGV, QAGOMA, the University
of Queensland Art Museum, MCA, Art Gallery of
South Australia, National Gallery of Australia; and
artists Ramesh Mario Nithiyendran, Ronnie van Hout,
Michael Parekowhai, David Griggs, Peter Hennessey,
Jon Campbell, Ian Burns, and Mikala Dwyer.
Project Rooms
A platform for experimentation, Project Rooms
showcase the work of artists that push the
boundaries of art practice through performance
and multimedia works from independent and
non-collecting contemporary art organisations.
Conversations
Conversations creates a platform for dialogue
and the sharing of ideas, bringing together cultural
communities and thinkers from across the creative
spectrum. The aim: to surface the salient issues
of our time and address the future of art and
the contemporary world. The program will present
a series of talks and panels featuring artists,
gallerists, curators, collectors, architects, critics,
and cultural luminaries.
Gallery Information Pack Melbourne Art Fair 17–20 Feb 2022VIP Program
Partnering with
Melbourne’s leading
institutions, private
museums and
independent art spaces,
the Melbourne Art
Fair VIP Program will
celebrate the vibrancy
of Victoria’s cultural
landscape in what will
be the first meeting
of the Australasian
artworld in 2022. The
Program will include
invitation-only dinners,
studio visits, private
collection tours,
exhibition openings,
and private events.
Melbourne Art Fair
will allow collectors
to discover artists,
galleries and artworld
figures at the forefront
of contemporary art,
and experience the
best of our host city,
Naarm/Melbourne.
Gregory Hodge, Line Up, 2018, acrylic on canvas, 214 x 304 cm.
Sullivan+Strumpf, Warrang/Sydney. Melbourne Art Fair 2018. 0708 Application Information
Melbourne Art Fair welcomes applications from
galleries representing living artists and holding
regular public exhibitions.
Applications with solo shows and presentations
with an in-depth exploration of artistic practice will
be considered. Galleries will be permitted to show
multiple artists in booths only above 60sqm, however
selection will be based on the ability to demonstrate
a clear in-depth exploration of artistic practice
for each artist. Selection will be influenced by the
presentation of the work which should demonstrate
the creation of dedicated spaces and solo
presentations for each artist.
Selection will be determined by an independent
selection committee and is based on the strength of the
gallery exhibition program and the proposal submitted.
Applicant galleries are required to submit
supporting documentation as prompted, including
gallery information, description of planned exhibition,
artist CVs and images. All galleries will be notified
in writing as to the outcome of their application.
Key Dates
Application deadline 24 May 2021
Selection notification 31 May 2021
Stand deposit 14 June 2021
30% total invoice
Second payment 20 September 2021
40% total invoice
Final payment 13 December 2021
30% total invoice
plus additional orders
Gallery Information Pack Melbourne Art Fair 17–20 Feb 2022Noël Skrzypczak, Moonflower III, 2018, acrylic on canvas, 188 × 156cm. Neon Parc, Naarm/Melbourne. Melbourne Art Fair 2018. 09
10 Application Information
Sectors Stand Package Information
Galleries Included
The region’s most significant galleries Standard package walling and lighting*
will present new and iconic work Standard polished concrete venue floors
through solo shows and an in-depth Booth signage
exploration of artistic practice. Galleries Gallery website profile
at the forefront of the contemporary Exhibitor passes
art market with a rotating program of VIP passes
the region’s most exciting artists will Vernissage and general admission tickets
be hand-selected to participate by our
*Melbourne Art Fair has invested in
selection committee.
international standard art fair walling
Galleries may select their stand size by PICO and LED lighting by EDL to
preference: provide galleries with the highest level
of exhibition design and contribute
Option 1: 30sqm—$13,500(AUD) +gst to a more sustainable art fair model.
$450 per sqm
Option 2: 60sqm—$27,600(AUD) +gst Not included
$460 per sqm Additional walling
Additional lighting
Option 3: 90sqm—$42,300(AUD) +gst Electrical outlets
$470 per sqm Furniture
Final stand sizes may vary (+/- 2 sqm) Secure artwork storage (available onsite)
on allocation. Public Liability and Artwork Insurance
Shipping / freight
Car parking
Accent
Specially conceived projects presenting
emerging artists of any age for discovery
by the Australasian art world. Proposed
artists must not have been included in an
institutional exhibition. No age restriction
applies for the artist or the gallery.
25sqm $10,500 (AUD) +gst
$420 per sqm
Young Galleries Initiative
In 2022 Melbourne Art Fair will offer
subsidised participation rates for
galleries established in or after 2016
by invitation only. This initiative
fosters the development of the next
generation dealer in a move to support
the cultivation of new ideas and
conceptually driven work in the most
difficult of times.
This initiative will offer young galleries
the opportunity to participate within
an art fair of regional significance at
a rate that is 40% subsidised by the
Melbourne Art Foundation.
30 sqm $8,100 (AUD) +gst
Gallery Information Pack Melbourne Art Fair 17–20 Feb 2022Additional Opportunities How to Apply
Melbourne Art Fair invites artists to Please complete the online
explore the relationship between application from at
contemporary art and Place through melbourneartfair.com.au/apply
additional exhibition opportunities,
The application requests gallery
Beyond and Video.
information, an exhibition proposal,
images, booth plan, and any other
Beyond relevant supporting documentation.
Beyond harnesses the monumental For further information on how
exhibition spaces within the Melbourne to apply, please contact:
Convention and Exhibition Centre to
present works of scale and significance. Maree Di Pasquale, CEO
Carefully curated installations, and Fair Director maree@
performance, and sculptural works melbourneartfoundation.com
will fill the epic spaces contributing to +61 410 425 780
greater conversations and presenting
opportunities for artists far beyond Jodie Kras, Gallery Relations Manager
the art fair stand. jodie@melbourneartfoundation.com
+61 400 877 775
No participation fees apply. Selected
galleries will receive a $2,000(AUD)
+gst grant to facilitate participation
in the sector.
Video
A sector dedicated to the presentation
of video and moving image art form
new and iconic international artists.
No participation fees apply for
exhibiting galleries.
To ensure international galleries
maintain contact with Australasian
collectors during the pandemic,
Video is open to participation from
galleries that are unable to physically
participate in the Fair.
$1,000(AUD) +gst fee applies for
international galleries participating
in Video only.
Melbourne Art Fair Online
Melbourne Art Fair Online is the Fair’s
virtual platform connecting Australasia’s
leading galleries with a global network
of collectors and art lovers.
Live during and two weeks after the art
fair, the platform will enable galleries
to amplify their physical presence and
reach a broader, arts interested audience.
Details to be provided to exhibiting
galleries in the Exhibitor Manual.
1112 Venue
Melbourne Art Fair will take place in the DCM designed
Melbourne Convention and Exhibition centre located on
the banks of the Yarra River on the land of the Wurundijeri
and Boon Wurrung people of the Kulin Nation.
Colloquially known as ‘Jeff’s Shed’, the state-of-the-art
exhibition venue boasts polished concrete floors and
pillarless bays with soaring 18-meter-high ceilings.
The venue is within a 1km radius of the Melbourne Arts
Precinct which is home to over 20 cultural organisations
and institutions including NGV International, ACCA, Arts
Centre Melbourne, The University of Melbourne Southbank
Precinct and VCA. It is also walking distance from 50
restaurants, cafes and bars and over 25 hotels, including
Crown Melbourne hotels, The Langham, Pan Pacific
Melbourne, Novotel South Wharf and the new Hyatt Centric.
Covid-19 venue safe
The coronavirus pandemic has had an unprecedented
impact on the arts industry and events sector in Australia.
The impacts of this pandemic have required Melbourne
Art Fair to rethink operating protocols in the delivery
of a safe and enjoyable fair experience for all.
MCEC has a VenueSafe Plan in place to ensure certainty
in this changing environment and preserve the health and
safety of all. Melbourne Art Fair also has its own COVID
safe plan which has been developed in line with Victorian
and Federal Government recommendations, and in
consultation with our industry partners and associates.
Melbourne Art Fair will prioritise the visitation of our
collectors, with unlimited access to the Fair over the four
days. Multiple VIP Previews will allow collectors to gain
private, first access to the Fair and if required, session
times will be introduced for the art-loving public.
With a floorplan designed by world renowned architects
DCM, the size of aisles and common areas have been
increased for flow and social distancing.
Gallery Information Pack Melbourne Art Fair 17–20 Feb 2022Melbourne Convention and Exhibition Centre 1 Convention Centre Place South Wharf VIC 3006 Photography: John Gollings 13
14 The Organisers
Started by a group of galleries in 1988, Melbourne Art
Fair is owned and operated by the not-for-profit
Melbourne Art Foundation, a systemically significant
Australian arts organisation dedicated to the support
of living artists.
Committed to bringing artists, galleries, collectors,
and visitors together, the Foundation leads the
way in building audiences and a market for Australian
contemporary art.
It weaves together commercial, social, cultural,
and environmental threads to support the rich cultural
tapestry of the Australian visual arts community.
The Foundation sponsors a range of programs during
Melbourne Art Fair including major commissions,
project rooms, an international conversations program,
and an exclusive VIP Program.
Melbourne Art Foundation Board
Chair, Charles Justin Director, Justin Art House Museum
Peter Jopling AM, QC Queens Council at Victorian Bar
Anna Schwartz Director, Anna Schwartz Gallery
Michaela Webb Founder/Creative Director, Studio Round
Adrian Fini OAM Founder/Director, FJM Property and Fini Group
Rose Hiscock Director of Museums and Collections,
University of Melbourne
Sophie Gannon Director, Sophie Gannon Gallery
Vivien Anderson Director, Vivien Anderson Gallery
Olivia Radonich Director, ReadingRoom
Anna Waldmann Director, Art Advisory
Stuart Hamilton AO Public Policy Consultant, Council Member,
Deakin University
Justin Homer Partner, PriceWaterhouseCooper
Visit melbourneartfair.com.au/about
Gallery Information Pack Melbourne Art Fair 17–20 Feb 2022CEO and Fair Director
Maree Di Pasquale
maree@melbourneartfoundation.com
T +61 410 425 780
Maree Di Pasquale is CEO of the Melbourne Art
Foundation, credited with successfully repositioning
and relaunching Melbourne Art Fair 2018 in the
Melbourne Arts Precinct as a leading showcase for
Australasian contemporary art. She was previously
Director of Strategic Partnerships, MCB Visit Victoria
(2016-2017). A member of the leadership team for
Art Fairs Australia (2010-2016), Maree played a pivotal
role in developing new ventures in new markets,
most notably as founding Director of Art Central Hong
Kong (2014- 2016) and Assistant Director of Sydney
Contemporary (2013) and Melbourne Art Fair (2014).
She has also delivered public programs for Abu
Dhabi Art Fair and the Saadiyat Island Cultural District
(Louvre Abu Dhabi, the Guggenheim Abu Dhabi and
the Zayed National Museum) (2009-2010). BA Creative
Industries, QUT. MA Marketing, Melbourne Business
School. Board Member 4A Centre for Contemporary
Asian Art.
Key People
Esther Lawler
Fair Manager
esther@melbourneartfoundation.com
Jodie Kras
Gallery Relations Manager
jodie@melbourneartfoundation.com
Keir Duncan
Operations Director
keir@melbourneartfoundation.com
Erin Hodge
Marketing and Partnerships Manager
erin@melbourneartfoundation.com
Claire Summers
Marketing and Partnerships Coordinator
claire@melbourneartfoundation.com
Helen McKenzie
VIP Liaison (NSW)
helen@melbourneartfoundation.com
15Gallery Information Pack Melbourne Art Fair 17–20 Feb 2022
17 Chiharu Shiota, The Crossing, 2018 Site specific installation: 175 books, white wool. 10 x 3 x 4 m Anna Schwartz Gallery, Naarm/Melbourne. Melbourne Art Fair 2018.
18 Terms and Conditions
1. Definitions “Organiser” means the Melbourne Art 3.2 The Exhibitor shall, in addition to
1.1 In these terms the following words will Foundation Ltd (ACN 104 671 589); the Fee, upon request by the Organiser
have the following meanings: promptly pay for all amounts of charges
“Prescribed rate” means the rate fixed relating to the Exhibitor’s participation
“Application Form” means the application under section 2 of the Penalty Interest in the Exhibition in accordance with the
form included in the Information Pack or Rates Act 1983 (Vic) from time to time; Exhibitor Manual and in respect of all
otherwise made available to the Exhibitor goods and services supplied or procured
by which the Exhibitor applies to the “Space” means the floor space at the
by the Organiser at the request of the
Organiser for Space at the Exhibition. Exhibition licensed by the Organiser to the
Exhibitor.
Exhibitor;
“Exhibition” means the exhibition, 3.3 The Fee is payable without any
Melbourne Art Fair, referred to in the “Stand” means any structure, platform, or deduction, withholding or set-off
Information Pack to be held on the other erection located in the Space for the whatsoever.
dates and at the locations set out in the Exhibitor’s purpose;
Information Pack or any such other dates 3.4 If the Fee is not paid when due in
and locations nominated by the Organiser “Terms” means these terms and accordance with the Terms, then without
in accordance with the Terms; conditions together with the Application prejudice to the other rights or remedies
Form and the Exhibitor Manual; and of the Organiser:
“Exhibitor Manual” means the manual
produced by the Organiser containing “Venue” means the venue at which the 3.4.1 the Exhibitor shall be liable to pay
such regulations and requirements as the Exhibition takes place. interest on the overdue amount at the
Organiser may deem reasonable relating Prescribed Rate, such interest to accrue
to the Exhibition, the Venue, and the 2. Agreement on a daily basis from the date on which
Exhibitor’s attendance and conduct at the 2.1 The Terms shall govern the provision payment becomes overdue until the date
Exhibition and includes any amendments of the Space by the Organiser to the the payment is made; and
or variations to it made by the Organiser Exhibitor to the exclusion of any other
from time to time; 3.4.2 the Exhibitor shall be liable for the
terms and conditions. Organiser’s incidental costs of collection
“Fee” means the aggregate amount to be 2.2 A binding contract shall come into and recovery of amounts due, including
paid by the Exhibitor to the Organiser for but not limited to solicitors’ costs and
existence between the Exhibitor and the
the Space as shown overleaf;. disbursements on a full indemnity
Organiser upon the Organiser providing
basis before and, if applicable, after
“Force Majeure Event” means one or notification in writing to the Exhibitor
commencement of legal proceedings.
more of the following causes which of the successful acceptance of the
renders performance impossible, Application Form. 4. Cancellation and Reduction of Space
impracticable, or unsafe which is beyond 4.1. Subject to this Clause, the Exhibitor
the Organiser’s reasonable control: fire; 2.3 Other than as set out in the Terms, no
may, by notice in writing delivered
threat or act of terrorism; riot or other changes to these terms and conditions
to the Organiser by registered post
form of civil disorder in, around, or near or Application Form shall be valid unless
(“Cancellation Notice”), cancel its booking
the Venue; strike, lockout, or other forms in writing and signed on behalf of the and liquidated damages (and not penalty)
of labour difficulties; any act, order, rule, authorised representatives of both the by way of cancellation fees payable by the
or regulation of any court, government Exhibitor and the Organiser. For the Exhibitor in accordance with Clause 4.4.
agency, or public authority; act of God; avoidance of doubt, the Organiser may
epidemic, pandemic or similar biological amend in its absolute discretion the 4.2 Subject to this Clause, the Exhibitor
threat; absence of power or other Exhibitor Manual and the Information Pack may, by notice in writing delivered to the
essential services; failure of technical from time to time. Organiser by registered post (“Reduction
facilities; failure or delay of transportation Notice”), apply to reduce the size of the
not within reasonable control; inclement 2.4 If there is any inconsistency between Space. The Organiser shall in its sole
weather; damage to or destruction of these terms and conditions and the discretion and without assigning any
the Venue; cancellation or breach of Application Form, these terms and reason, elect whether or not to accept the
contract by the Venue (or the legal entity conditions will take precedence. Reduction Notice.
contracting on behalf of such Venue) or
any similar cause beyond the reasonable 3. Fee 4.3. In the event that the Organiser
control of the Organiser. accepts the Reduction Notice, the portion
The Exhibitor shall promptly pay the Fee of such Space to be reduced set out in
“Information Pack” means the brochure by instalments as follows: the Reduction Notice shall be deemed
titled Gallery Information Pack which 30% of the Fee on or before [14 Jun 2021]; to be cancelled and liquidated damages
includes a copy of these terms and 40% of the Fee on or before [20 Sep 2021]; (and not penalty) by way of cancellation
conditions and other relevant information and fees shall be payable by the Exhibitor in
about the Exhibition; 30% of the Fee on or before [13 Dec 2021]. accordance with Clause 4.4.
4.4 Upon cancellation in accordance with Clause 4.1 or reduction of Space in
accordance with Clauses 4.2 and 4.3, the cancellation fee payable by the Exhibitor
to the Organiser will be as follows:
Date of Cancellation Notice Cancellation Reduction
or Reduction Notice
Up to and including 30% of the Fee 30% of the portion of the Fee, calculated
19 September 2021 on a pro-rata basis, attributable to the
area by which the Space is to be reduced
20 September 2020 to 70% of the Fee 70% of the portion of the Fee, calculated
13 December 2021 on a pro-rata basis, attributable to the
area by which the Space is to be reduced
On or after 100% of the Fee 100% of the portion of the Fee, calculated
14 December 2021 on a pro-rata basis, attributable to the
area by which the Space is to be reduced
4.5 Upon accepting the Cancellation Notice or Reduction Notice, the Organiser may
resell or reallocate the cancelled Space, without any obligation to refund any
cancellation fees or account to the Exhibitor for income from reselling or reallocating
the cancelled Space.
Gallery Information Pack Melbourne Art Fair 17–20 Feb 20225. Occupation Of Space 7. Liability And Insurance 8.1.4 in the course of preparation for is exclusive of any GST. If the Organiser
5.1 The Exhibitor shall occupy the whole of 7.1 Subject to Clause 7.3, the Organiser the Exhibition or during the Exhibition, makes a Taxable Supply in connection
its allocated Space at the commencement shall not be responsible for; acts in violation of the law, including with these terms and conditions for a
of the exhibition and for the entire but not limited to performing any act or Consideration which represents its Value,
7.1.1 the theft, damage and safety of all committing an omission which is or is then the Exhibitor must also pay, at the
duration of the opening hours of the
goods, decorations and other items likely to infringe the rights of any third same time and in the same manner as
Exhibition.
brought into the Venue by the Exhibitor, party. the Consideration otherwise payable, the
5.2 The Exhibitor shall not sub-let, share its agents, employees, contractors and amount of any GST payable in respect of
or part with occupation of the Space or invitees; or 8.2 The Organiser may terminate the
the Taxable Supply.
any part of it. agreement between the parties without
7.1.2 the supply to the Exhibitor of any cause and for any reason whatsoever 10. Compliance with Laws and Regulations
5.3 The Exhibitor shall occupy the Space goods or services by any third parties upon providing at least fourteen (14) days’ 10.1 The Exhibitor shall comply with all
as the Organiser’s licensee and shall not at or in connection with the Exhibition notice in writing to the Exhibitor. applicable laws, regulations and codes
obtain any right of exclusive possession or including the operator and owner of the
8.3. In the event that the Organiser of practice relating to the Exhibition
occupation of or any proprietary interest Venue, their designated contractors and
exercises its right to terminate this and the Exhibitor’s attendance at the
in the Space. the Organiser’s contractors.
agreement, the license of the Space Exhibition and during any period the
5.4 The Exhibitor’s Stand shall be 7.2 Subject to Clause 7.3 the Organiser‘s granted to the Exhibitor shall cease and: Exhibitor is granted access to the Venue in
constructed in accordance with the liability shall be limited as follows: connection with the Exhibition, including
8.3.1 where the agreement is terminated in without limitation, all fire and health and
regulations set out in the Exhibitor
7.2.1 the Organiser’s maximum aggregate accordance with Clause 8.1, the Exhibitor safety regulations, the law in relation
Manual. The Exhibitor shall comply with
liability under or in connection with these shall pay to the Organiser liquidated to copyright and intellectual property,
all instructions of the Organiser and/or its
Terms shall not exceed the total amount of damages (and not as penalty) as follows: the rules and regulations set out in the
agents in respect of the construction of
the Fee actually paid by the Exhibitor; and Exhibitor Manual, and any additional rules
the Stand. 8.3.1.1 where the termination occurs on
7.2.2 the Organiser shall not be liable or before 18 September 2021, 30% of imposed by the operator or owner of the
5.5 The location of the Space shall be Venue or the government from time to
for any loss of income or profits, loss the Fee;
provisional and subject to change prior time.
of contracts or for any indirect or
to the Exhibition. The Organiser shall be 8.3.1.2 where the termination occurs
consequential loss or damage of any kind 10.2 The Exhibitor shall not use, and
entitled to relocate the Exhibitor’s space between 19 September 2021 and 11
howsoever arising. shall not allow its employees, agents,
at any time prior to the Exhibition and if December 2021 (inclusive), 75% of the
necessary, reduce the Space allocated 7.3 Nothing in these Terms shall exclude Fee; or contractors or invitees use any flammable
provided that a rebate of the Fee is or in any way limit the liability of the materials for building, decorating,
granted to the Exhibitor pro rata to the Organiser for fraud or for death or 8.3.1.3. where the termination occurs on furnishing or covering the Stand or any
reduction of the Space. personal injury caused by its negligence or after 12 December 2021, 100% of the part of the Stand.
or for any other liability to the extent that Fee; or
5.6 The Exhibitor shall vacate the Space 10.3 The Exhibitor shall not bring, and not
the same may not be excluded or limited 8.3.2 where the agreement is terminated allow its employees, agents, contractors
at the end of the period of the Exhibition
as a matter of law. in accordance with Clause 8.2, the or invitees bring any explosives,
or otherwise in accordance with the
Organiser’s request. In the event that 7.4 The Organiser shall not be responsible Organiser shall refund the Fee to the detonating or fulminating compounds or
the Exhibitor fails to vacate the Space, for a failure to comply with its obligations Exhibitor within thirty (30) days of the other dangerous materials into the Venue.
it shall indemnify and keep indemnified under or in connection with this date of termination.
11. Law and Jurisdiction
the Organiser against any losses, costs agreement and shall not be liable for any 8.4 The Organiser shall be entitled to
incurred as a result of the Exhibitor’s delay, damage or loss suffered by the 11.1 These terms and conditions shall
immediately and without notice remove
failure to vacate. Exhibitor or any third party to the extent be construed in accordance with the
any person or thing or exclude the
that it is caused by or in connection with a laws of Victoria and any dispute or court
5.7 The Exhibitor acknowledges and Exhibitor from the Venue in the event that
Force Majeure Event. proceedings must be heard in the state of
agrees that the Space provided may vary the Organiser considers such removal
Victoria or any other jurisdiction chosen
7.5 The Exhibitor shall take out and or exclusion to be in the interests of the
by up to 2 square metres from the Space by the Organiser.
maintain adequate insurance which shall Exhibition. In the event that the Exhibitor
set out in the Application Form and, in the
not entitle the insurers to exercise any is excluded from the Venue pursuant to 12. Notices
case of such variation, the Exhibitor shall
subrogation rights against the Organiser. this Clause, the Fee shall be forfeited to 12.1 Unless the Terms provide otherwise,
not be entitled to a refund of any portion
Without prejudice to the other provisions the Organiser as liquidated damages and all notices and other communication
of the Fee.
in this Clause 7, in the event of the not as penalty. with these Terms shall be sent by email,
6. Exhibitor’s Obligations Organiser having any liability, the claimant registered post, airmail, courier, or fax to
9. Variations to Exhibition
6.1 The Exhibitor shall not supply from the shall first of all recover or procure to be the address as specified for each party
9.1. The Organiser may vary the Exhibition
Stand or elsewhere at the Exhibition any recovered the money payable by the in the Application Form or to such other
in any way if it considers, in its absolute
food, drink or tobacco. insurers under the insurance policies address as either party may notify for such
discretion, it is necessary or desirable
between the insurers and/or the relevant purpose. Communications may be sent
6.2 At the Exhibition the Exhibitor shall to do so. Such variations may include,
parties relating to the subject matter or by email with the knowledge and written
only conduct its business from the Stand without limitation, the dates, duration
event from which the Organiser’s liability consent of the recipient.
and may not display or distribute its or opening times of the Exhibition;
arises and the claimant’s claim against
promotional materials or articles of any the Venue; the activities, exhibitors, 13. General
the Organiser is limited to the extent that
kind other than from its Stand. layout, facilities or schedule at or of
the money paid and/or payable by the 13.1 The failure of either party to enforce
the Exhibition; and the theme, style or
6.3 The Exhibitor shall observe and insurer under such insurance policies is any terms of or right arising pursuant to
content of the Exhibition. If the dates of
comply with the Exhibitor Manual at all not sufficient to reasonably compensate these Terms does not constitute a waiver
the Exhibition are varied, the Organiser
times. the claimant. of such form or right and shall in no way
may, acting reasonably, amend the dates
affect that party’s right later to enforce or
6.4 The Exhibitor shall ensure that it does 7.6 To the maximum extent permitted referred to in clauses 4.4 and 8.3 of these
exercise the term or right.
not infringe the rights of any third party by law the Organiser excludes all terms and conditions and the dates in the
in connection with its attendance at and representations, warranties, guarantees or key terms section of the Information Pack. 13.2 The invalidity or unenforceability of
participation in the Exhibition. terms (whether express or implied) other The Organiser shall provide the Exhibitor any terms of or right arising pursuant to
than those expressly set out in the Terms. with written notice of any variation to the those Terms shall not adversely affect the
6.5 The Exhibitor shall indemnify the dates or Venue of the Exhibition, or the validity or enforceability of the remaining
Organiser and hold the Organiser and 8. Termination dates referred to in clauses 4.4 and 8.3 terms and rights.
its respective officeholders, agents, 8.1 The Organiser may terminate of these terms and conditions or the key
employees, shareholders, partners, the agreement between the parties terms section of the Information Pack. 13.3 The Terms constitute the entire
and independent contractors from and immediately by notice in writing to the agreement and understanding between
against all claims, liabilities, suits, losses, 9.2 The Organiser may vary the the parties with respect to its subject
Exhibitor or exclude the Exhibitor from the
damages and expenses, including, Information Pack at any time in its matter supersedes any prior agreement,
Exhibition, if the Exhibitor:
without limitation, costs and reasonable absolute discretion. understanding or arrangement between
fees of attorneys and other professionals 8.1.1 commits a material or persistent the parties whether oral or in writing, with
9.3 GST means any tax calculated by
(collectively, “Claims”) relating to or breach(es) of the Terms and, having respect to the same. No representation,
reference to the value of goods and
resulting from: received from the Organiser a notice undertaking or promise whether, without
services provided, calculated and levied
giving particulars of the breach(es) and limitation, relating to location of the
6.4.1 the breach of any representation, at the point of sale or supply of the goods
requesting that the same be remedied, Space, visitor or exhibitor attendance
warranty, term, condition or undertaking or supply of the services and the ‘GST
has failed to remedy such breach(es); figures or otherwise shall be taken to have
of the Terms by the Exhibitor or its Act’ means the Act of Parliament entitled
been given or be implied from anything
employees, agents, contractors or 8.1.2 becomes insolvent, enters into ‘A New Tax System (Goods and Services
said or written in communications
invitees; liquidation or bankruptcy, passes a Tax) Act 1999’. Save for defined terms in
between the parties prior to these Terms,
resolution for its winding up, has a these terms and conditions, capitalised
except as set out herein. Neither party
6.4.2 the Exhibitor’s use of the Space or receiver or administrator appointed over expressions set out in this clause 9 bear
shall have any remedy in respect of any
participation in the Exhibition; and the whole or any part of its assets, makes the same meaning as those expressions in
untrue statement made to it upon which
any composition or arrangement with its the GST Act.
6.4.3 any act or omission of the Exhibitor it has relied in entering into these Terms
creditors or takes or suffers any similar
and its employees, agents, contractors 9.4 Except where express provision is (unless such untrue statement was made
action in consequence of its debt;
and invitees, except to the extent that any made to the contrary and subject to this fraudulently) and that party’s only remedy
such Claims are caused by or contributed 8.1.3 ceases, or threatens to cease to carry paragraph 9, any amount that may be shall be for breach of contract as provided
to by any act or omission of the Organiser. on business; or payable under these terms and conditions in these Terms.
19Melbourne Art Foundation 11 Palmer Parade Cremorne VIC 3121 Australia T: +61 3 9015 7822 maf@melbourneartfoundation.com melbourneartfair.com.au Presented by Melbourne Art Foundation
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