Community Performance Terms & Conditions

PARTIES TO THE TERMS & CONDITIONS

The Royal Agricultural Society of Victoria Limited t/as Melbourne Royal® ABN 66 006 728 785 of Melbourne Showgrounds, Epsom Road, Ascot Vale Victoria 3032, and

The Applicant(s) (“Applicant”) listed on the Community Application Form.

1. PRODUCT

1.1 If selected by Melbourne Royal, the Applicant agrees to provide and co-ordinate a 15, 30 or 45 minute performance set(s) (The Product) at the 2025 Melbourne Royal Show (Show) on the date(s) selected by Melbourne Royal.

1.2 The Applicant agrees to arrive at the Performance Space at least one hour before any scheduled performance.

1.3 Set out below are the terms and conditions of the agreement (Agreement) by which both parties will be bound upon execution.

2. TERM AND DATES

2.1 This Agreement shall commence on the date of execution and shall expire, subject to Clause 2.2, at close of business on 5 October 2025 (Term), unless terminated earlier in accordance with Clause 23.

2.2 The dates in this Agreement are provided on the basis that the Show will be held from Thursday, 25 September 2025 until Sunday, 5 October 2025. If the Show is held on other dates, the dates in the Agreement may be adjusted by Melbourne Royal to reflect such altered dates, and Melbourne Royal shall notify the Applicant in writing of any such adjustment.

2.3 The Applicant shall have no claim for any loss or damage by virtue of any change to the date upon which the Show will take place.

3. VENUE

3.1 The Performance Space will be located within the Showgrounds.

3.2 Melbourne Royal reserves the right to alter, change or vary at its discretion the Performance Space at any time during the Term with immediate effect by notifying the Applicant in writing.

3.3 The parties agree and acknowledge that, in the event the Performance Space is altered, changed or varied under Clause 3.2, the support to be provided by the Applicant pursuant to Clause 1 of this Agreement may change accordingly.

3.4 The Applicant will have no claim for any loss or damage suffered by virtue of any alteration, change or variation made to the Performance Space under Clause 3.2.

4. COSTS

4.1 The parties agree and acknowledge that, unless otherwise specified, the Applicant will bear all costs and expenses of and associated with the coordination and provision of the Product including, without limitation:

(a) All items (including equipment) required to deliver the Product within the Performance Space, with the exception of the public address system provided by Melbourne Royal

(b) Any Personnel required to deliver the Product provided by Melbourne Royal and

5. APPLICANT FEES AND PAYMENTS

1.1 Application to the community performance program is free.

1.2 Subject to Clause 5.3 & 5.4, the Applicant will receive a donation of $100 for the first day of performance, with all subsequent days that the Applicant performs, the Applicant will receive a donation of $50. Payment is to the Applicant as a whole, regardless of how many members perform as part of the group.

1.3 Payment is dependant of the Applicant having a valid ABN.

5.4 The applicant must invoice Melbourne Royal within seven (7) days following the end of the Show. The term of the show is in accordance with clause 2.2

6. APPLICATION MATERIALS

6.1 Applicants must:

(a) Read and agree with these Terms and Conditions;

(b) Complete every field of the Application Form;

(c) Attach a short biography, including a description of performance, and details of any achievements or previous high-profile performances;

(d) Include at least one web link to a video recording of the applicant (the recording quality of any media submitted will not be taken into account);

(e) At least one photo or costume sketch of the applicant;

(f) Submit the Application Form on royalshow.com.au/community-performance/ by 11pm, Wednesday 11 June 2025.

7. CONTENT

7.1 The Applicant will:

(a) Respect the family nature of the Show. The Applicant is required, if necessary, to modify performances to ensure that they are appropriate in language and action for all ages,

(b) Not make any overtly political comments, or any comments of a religious nature, at any time during the performance,

(c) Not make comments or perform lyrics containing unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane, indecent, harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive words or phrases.

8. MARKETING AND SIGNAGE

8.1 The Applicant agrees to provide Melbourne Royal and the Melbourne Royal public relations team with an adequate amount of information and images to allow for the effective promotion of the product.

8.2 The Applicant agrees to not engage in an unreasonable amount of self-promotion or the promotion of any related parties or merchandise without the consent of Melbourne Royal. The extent to which promotion is deemed reasonable will be at the sole discretion of Melbourne Royal.

8.3 The Applicant agrees to comply with all terms and conditions of the Melbourne Royal Signage Policy. In particular, the Applicant agrees and acknowledges that:

(a) All signs are subject to the prior approval of Melbourne Royal

(b) All signs must be of a professional standard;

(d) All signs must be safe and meet OH&S standards; and

(e) All applicant signs are to be removed at the end of the Show by the Applicant.

8.4 Melbourne Royal reserves the right to vary or amend the Signage Policy, including any signage specifications, from time to time.

8.5 If Melbourne Royal requires any sign to be altered or removed then, upon being notified by Melbourne Royal to alter or remove a sign, the Applicant must promptly take such action at the Applicant’s own cost and expense.

8.6 The Applicant may not enter into or hold itself out to any third party as being permitted to enter into an agreement with a third party to advertise or promote the third party’s products or Services on or in proximity to the Performance Space, unless the Applicant has received Melbourne Royal prior written consent.

9. REMOVAL

9.1 Unless Melbourne Royal directs otherwise, the Applicant must not remove from or alter or interfere with any structure, stall, exhibit, equipment or sign within the Showgrounds during the Term.

9.2 Without limiting Clause 9.1, the Applicant may only remove from the Showgrounds any structure, stall, exhibit, equipment or sign belonging to the Applicant, but this may only be done during the times notified to the Applicant by Melbourne Royal.

9.3 Any object(s) not removed in accordance with Clauses 9.1 to 9.2 will become the property of Melbourne Royal, which may, at the Applicant’s expense, remove and dispose of the objects as Melbourne Royal sees fit and the Applicant will have no claim against Melbourne Royal and will indemnify Melbourne Royal against any claim for any loss caused by such removal or disposal.

10. OCCUPATIONAL, HEALTH AND SAFETY

10.1 The Applicant will comply at all times with the provisions of the relevant occupational health and safety legislation standards and codes of practice. Melbourne Royal will provide the Applicant with a link to the Melbourne Royal online OH&S Induction Guidelines and registration test prior to commencement of the Show, all personnel engaged by the Applicant must have current Melbourne Royal OH&S Induction Cards (registration numbers) prior to the contract date for entry into the Showgrounds.

10.2 The Applicant must not do anything that may in any way endanger the Showgrounds, any person, or any equipment or goods (whether belonging to the Applicant or anyone else) in the Showgrounds.

10.3 Melbourne Royal may require the Applicant to remove any item or thing from the Showgrounds that, in Melbourne Royal opinion, is or is likely to or may become dangerous to the Showgrounds or any person or thing within the Showgrounds. If the Applicant fails to remove such item or thing upon request, Melbourne Royal ® may arrange for its removal at the Applicant’s expense.

11. WORKING WITH CHILDREN CHECK CARDS

11.1 The Applicant and all on site supervising staff engaged by the Applicant to work at the Show, must comply with all requirements prescribed by law or instrument applicable to the engagement or employment of any personnel, including working with children legislation regarding Working with Children Check Cards (further information can be found at: www.workingwithchildren.vic.gov.au.

12. SECURITY

12.1 The Applicant accepts full responsibility for the security of all personal belongings retained or stored within the Performance Space and Melbourne Royal will not be liable for any damage or loss to stock, equipment or personal belongings and property stored within the Performance Space resulting from any cause whatsoever.

13. ACKNOWLEDGEMENT BY THE APPLICANT

13.1 The Applicant must not do or omit to do any act or thing which might reasonably be expected to reduce or diminish the good name and reputation of Melbourne Royal, any of its sponsors or any other exhibitor, the business of Melbourne Royal or the goodwill of any Melbourne Royal event.

14. RELATIONSHIP BETWEEN THE APPLICANT AND MELBOURNE ROYAL

14.1 In providing the services under this Agreement, the Applicant is acting in the capacity of an independent contractor. This Agreement does not constitute any partnership, trust, agency, joint venture or employment relationship between the parties.

15. MAKING RULES AND JUDGEMENTS

15.1 Melbourne Royal reserves the right in its discretion to make any rules as to the use of the Performance Space and the Showgrounds provided that they are not inconsistent with the Applicants rights under this Agreement.

15.2 The Applicant must comply with any rules Melbourne Royal makes and notifies to the Applicant.

15.3 The Applicant agrees to be bound by the decisions of Melbourne Royal, which are final.

16. AUTHORITY OF THE APPLICANT

16.1 The Applicant does not have any authority to, and must not, act, contract or incur any obligation, liability or responsibility on behalf of Melbourne Royal except as and to the extent expressly provided in this Agreement.

17. AMBUSH MARKETING

17.1 The Applicant must not engage in ambush marketing of the products or services of any other exhibitor at the Show or any sponsor of the Show or Melbourne Royal.

18. NOTIFICATION TO RASV OF PERSONAL INJURY OR DAMAGE TO PROPERTY

18.1 The Applicant must immediately report to Melbourne Royal any incident of personal injury or property damage occurring on or at the Showgrounds.

19. INSURANCE

19.1 The Applicant must take out and maintain for the Term a Public and Products Liability policy of insurance. The insured named in that policy will include:

(a) The Applicant;

(b) The Royal Agricultural Society of Victoria Limited t/as Melbourne Royal ®

(d) PPP Solutions (Showgrounds) Nominee Pty Ltd ACN 113 259 304 (insureds).

19.2 The Policy shall cover the insureds’ liabilities to third parties for personal injury and property damage. The Public and Products Liability policy shall be for an amount not less than $10,000,000 for any one occurrence and in the aggregate during any one period of insurance in respect of liability arising out of products.

19.3 The policy shall be in a form approved by Melbourne Royal and must include a cross liability clause and a waiver of subrogation clause. The Applicant will be responsible for any excess or deductibles in respect of any claim made under the policy.

19.4 The Applicant, must, at its own cost, effect and maintain for the Term, an insurance policy to cover all plant and equipment owned by or in the possession, custody or control of the Applicant which are to be used or, which are intended to be used, for the purposes of performing this Agreement.

19.5 The Applicant, must, at its own expense, effect, maintain and comply with the terms and all requirements at law of all statutory compulsory insurances including, without limitation, those insurance policies required to be effected with respect to:

(a) workers compensation; and

(b) use of motor vehicles.

19.6 The Applicant must provide Melbourne Royal with satisfactory evidence of its compliance with, and the currency of, each of the insurance policies required in this Agreement. At least thirty (30) days prior to the Show’s commencement, the Applicant must provide Melbourne Royal with copies of such insurance policies as evidence of compliance.

19.7 The Applicant must notify Melbourne Royal of any cancellation or threatened cancellation of any of its insurance policies required under this Clause 19.

19.8 The Applicant must not do anything in the Showgrounds which may vitiate or render void or voidable any insurance policy of Melbourne Royal or any other insurance policy taken out pursuant to this Clause 19.

20. INDEMNITY

20.1 The Applicant acknowledges that it uses the Performance Space at the Applicant’s sole risk.

20.2 The Applicant indemnifies Melbourne Royal, Showgrounds Nominees Pty Ltd and PPP Solutions (Showgrounds) Nominee Pty Ltd and their Staff (the Indemnitees) against all demands, actions, claims, liabilities, loss cost and expense that may be incurred or sustained by the Indemnitees as a result of any act, matter or thing done, permitted or omitted to be done by the Applicant or its Staff pursuant to or in connection with this Agreement including:

(a) The Applicant’s use or misuse of the Performance Space;

(b) Any act done (or anything omitted to be done) by or on behalf of the Applicant;

(d) In connection with the Show; or

(e) Arising out of or in connection with the exercise of the Applicant’s rights pursuant to this Agreement as a result of which any other person alleges that the act or omission (as the case may be) infringes the Intellectual Property Rights of that other person (whether or not that allegation is tenable); and

(f) Any death, injury, loss or damage from any cause occurring within the Performance Space or caused by or contributed to by the Applicant, except to the extent that the death, injury, loss or damage is proven to have been caused by or contributed to by an Indemnitee’s negligence.

(g) Continuing Indemnity.

20.3 The parties agree that for the avoidance of doubt, the indemnities given by the Applicant to the Indemnitees in this Clause 20 survive the termination or any assignment or novation of this Agreement, irrespective of however the termination, assignment or novation arises.

21. RELEASE

21.1 The Applicant releases Melbourne Royal, Showgrounds Nominees Pty Ltd and PPP Solutions (Showgrounds) Nominee Pty Ltd and its staff to the full extent permitted by law from all demands, actions, claims, liabilities, loss, damage, cost or expense for or resulting from:

(a) The cancellation by Melbourne Royal of all or any part of the Show, or postponement of the Show;

(b) The exercise by Melbourne Royal of any of its rights provided for under this Agreement;

(d) Any loss suffered by the Applicant as a result of the Applicant occupying and using the Performance Space;

(e) The death of or injury to any person occupying, being present in or in proximity to, or using the Performance Space;

(f) The theft of the Applicant’s Property while in the Performance Space;

(g) The indemnity by the Applicant;

Except to the extent that the loss, death, injury, loss or damage is proven to have been caused by or contributed to by Melbourne Royal negligence.

22. INTELLECTUAL PROPERTY RIGHTS AND LICENSES

22.1 Melbourne Royal acknowledges that the Product provided under this Agreement, is based on the program developed by the Applicant.

22.2 The Applicant will be responsible for any permits, licenses or approvals required for the undertaking of performances (with the exception of an APRA license, which will be covered by Melbourne Royal).

22.3 The Applicant provides Melbourne Royal a perpetual, irrevocable, royalty free, worldwide license to use, publicly display, distribute, sublicense, modify and otherwise fully exploit the Applicant’s image or audio-visual recordings resulting from the agreed performance(s) and/or any content submitted by The Applicant.

22.4 All Intellectual Property provided by Melbourne Royal and used and developed for the purposes of this Agreement will remain the property of Melbourne Royal and will not be revealed to or shared with a third party without the written approval of Melbourne Royal.

23. TERMINATION

23.1 Melbourne Royal may terminate this Agreement with immediate effect by giving the Applicant notice if:

(a) The Applicant commits a breach of this Agreement and that breach is incapable of remedy, or, if the breach is capable of remedy, the Applicant has not promptly remedied the breach after being required in writing by Melbourne Royal to do so;

(b) The Show is postponed or cancelled for any reason;

(d) In the opinion of Melbourne Royal, the Applicant or any of its Staff or the Coordinator is guilty of fraud, dishonesty or any serious misconduct, in which case, Melbourne Royal, in addition to the right to terminate, will be entitled to require the immediate removal of the Applicant and its personnel/ members from the Showgrounds.

(e) Serious misconduct includes, but is not limited to:

(f) Theft; fraud; assault; antisocial or unacceptable behaviour; illegal substances; and/or intoxication.

23.2 Termination of the Agreement is without prejudice to and will not affect the accrued rights or remedies of any of the parties arising in any way out of this Agreement up to the date of expiry or termination.

24. MELBOURNE ROYAL APPROVALS

24.1 If the doing of any act, matter or thing under this Agreement is dependent on the consent or approval of Melbourne Royal or is within the discretion of Melbourne Royal, the consent or approval may be given or the discretion may be exercised conditionally or unconditionally or withheld by Melbourne Royal in its absolute discretion unless express provision to the contrary has been made.

24.2 The Applicant acknowledges and agrees that any approval by Melbourne Royal for or in relation to the doing of any act, matter or thing under this Agreement does not constitute a representation that the doing of the act, matter or thing approved by Melbourne Royal complies with all relevant laws and does not infringe the rights of a third person.

25. PRIVACY

25.1 Melbourne Royal may collect personal information (within the meaning of the Privacy Act 1988 (Cth) and other applicable privacy legislation) about the Applicant and its Staff for the purpose of administering and providing services under or connected with this Agreement.

25.2 The personal information collected may be shared with other bodies such as service providers (e.g. telecommunications providers), insurance providers or debt collection agencies, for the purposes mentioned in Clause 27.1. Personal information may also be disclosed to any entity that may subsequently administer the Show or if required or authorised by law.

25.3 Persons about whom such personal information is collected have certain rights of access to their personal information held by Melbourne Royal and can enquire about obtaining such access by contacting Melbourne Royal Company Secretary by telephoning (03) 9281 7444 or writing to the Company Secretary, The Royal Agricultural Society of Victoria Limited t/as Melbourne Royal, Melbourne Showgrounds, Epsom Road, Ascot Vale, Victoria 3032.

25.4 The Applicant agrees and acknowledges that it will:

(i) Meet its obligations under the applicable provision of the Privacy Act 1988 (Cth) and all other relevant privacy laws at all times;

(ii) To the extent reasonably requested by Melbourne Royal from time to time, take reasonable steps to assist Melbourne Royal to comply with its obligations under the Privacy Act 1988 (Cth) and all other relevant privacy laws relating to any personal information provided to Melbourne Royal by the Applicant, including complying with the provisions of those laws requiring that individuals be given access to their personal information and be made aware of certain information when personal information about them is collected directly or indirectly; and

(iii) Notify Melbourne Royal immediately of any complaint or query to the Applicant from any individual or any other person (including from the office of the Federal Privacy Commissioner or the Victorian Health Services Commissioner) about personal information provided to Melbourne Royal by the Applicant and take reasonable steps to assist Melbourne Royal in resolving that inquiry or complaint.

25.5 Melbourne Royal conducts surveillance of the Showgrounds and has close circuit television (CCTV) filming the Showgrounds for security and safety. A person entering the Showgrounds may be photographed, filmed, taped and/or subjected to monitoring by CCTV and it is deemed that a person by entering the Showgrounds consents to Melbourne Royal or third parties appointed by Melbourne Royal photographing, filming or taping.

26. COMPLIANCE WITH REGULATORY REQUIREMENTS

26.1 During the term of this Agreement the Applicant agrees:

(a) To comply at all times with all reasonable directions, regulations or requirements of Melbourne Royal or its Staff;

(b) To comply at all times with the provisions of the relevant occupational health and safety legislation, standards and codes of practice as amended from time to time;

(c) To comply at all times with all notices, orders or directions issued by any authority which affect or relate to the Performance Space and/or the provision of Support under this Agreement, regardless of whether the notice, order or direction is addressed to or requires compliance by either or both of the Applicant and Melbourne Royal or any other person (a copy of any such notice, order or direction must promptly be given to Melbourne Royal);

(d) To comply at all times with all State and Local Government regulations and by-laws as they apply to the Contractor Space and the provision of Support under this Agreement;

(e) Not to do anything that may in any way endanger the Showgrounds, any person, equipment or goods (whether belonging to the Applicant or anyone else) in the Showgrounds;

(f) To remove any item or thing from the Showgrounds upon request by Melbourne Royal if Melbourne Royal is of the opinion that the particular item or thing presents or is likely to present a danger to the Showgrounds, any person or thing within the Showgrounds and upon the Applicant failing to remove such item or thing upon request, that Melbourne Royal may arrange for its removal at the Applicant’s expense; and

(g) To acknowledge the obligation of Melbourne Royal to observe and comply with all laws and regulatory requirements applicable to it and/or the operation of the Showgrounds and that, in so complying, Melbourne Royal has no liability or responsibility for, and the Applicant has no claim in respect of, any adverse effect such compliance may have on the Applicant.

27. WARRANTIES

27.1 The Applicant warrants that:

(a) All Applicants are more than 18 years of age (or have the consent from a legal parent or guardian), and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement;

(b) It has read and understood this Agreement and agrees to comply with the terms of this Agreement at all times;

(c) It has not been induced to enter into this Agreement by reason of any promise, representation, warranty or guarantee or undertaking whatsoever other than as is expressly stated in this Agreement;

(d) The provision of the Support by it to Melbourne Royal will not infringe any rights of any third party (including without limitation, any intellectual property right) law, statute, regulation or rule;

(e) It has obtained all third party approvals necessary for it to perform its obligations and provide the Support under this Agreement;

(f) It and its Staff have the requisite knowledge, skill and expertise to provide the Support in accordance with this Agreement;

(g) It will at all times coordinate and provide the Product in a professional manner.

28. NOTICES

28.1 Any notice, demand, consent or other communication (Notice) given or made under this Agreement:

(a) Must be in writing and signed by a person duly authorised by the sender;

(b) Must be delivered to the intended recipient by prepaid post or by hand or fax or email to the address or fax number or email address below or the address or fax number last notified by the intended recipient to the sender:

To Melbourne Royal:
Att: Tara Green, Melbourne Royal
Melbourne Showgrounds, Epsom Road, Ascot Vale 3032
Email: tara.green@melbourneroyal.com.au

To the Applicant:
Details as per the Primary Contact fields of the Application Form

(i) In the case of delivery in person, when delivered;

(ii) But if the result is that a Notice would be taken to be given or made on a day that is not a business day in the place to which the Notice is sent or is later than 4.00pm (local time) it will be taken to have been duly given or made at the commencement of business on the next business day in that place.

29. ENTIRE AGREEMENT

29.1 This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all prior agreements and understandings between the parties in connection with it.

30. ASSIGNMENT OF RIGHTS

30.1 Subject to Clause 30.2, neither party may assign, license, sub-license, transfer, novate, mortgage or charge all or any part of its rights, benefits or obligations under this Agreement without the prior written consent of the other party.

30.2 Notwithstanding any other provisions of this Agreement, the parties acknowledge and agree that Melbourne Royal may assign transfer, novate, charge, mortgage or otherwise assign by way of security all or any part of its rights, benefits or obligations under this Agreement to the State of Victoria (or its nominee) without the prior written consent of the Sub-Contractor or without any transfer fee or similar charges.

30.3 At the request of Melbourne Royal, the Sub-Contractor must forthwith execute all documents necessary to give effect to such assignment, transfer, novation or security including executing a novation agreement with the State of Victoria (and/or its nominee).

30.4 Following execution of the novation agreement, this Agreement shall thereafter be between the Sub-Contractor and the State of Victoria (and/or its nominee).

31. VARIATIONS TO AGREEMENT

31.1 An amendment, modification, alteration, change or variation to this Agreement will only be valid and binding on a party if made in writing and executed by both parties.

32. NO WAIVER

32.1 No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

33. GOVERNING LAW

33.1 This Agreement is governed by the laws of Victoria. Each party submits to the non exclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning this Agreement and waives any rights to claim that those courts are an inconvenient forum.

34. FORCE MAJEURE

34.1 Neither party will be liable for any delay in performing or failing to perform its obligations under this Agreement if such failure is due to force majeure. The performance of obligations under this Agreement will be suspended for the period of the delay due to force majeure, provided that prompt notification is provided from one party to the other party in writing detailing the reasons for the delay or failure and its likely duration. For the sake of this clause, “force majeure” means any act of God, war, sabotage, riot, insurrection, civil commotion, national emergencies, restriction imposed by a Government Body for public safety, pandemic, strikes, lock-outs or other industrial disturbance, accidents, uncontrollable transportation delays, communications, electrical or network failure, or the effect of any applicable laws, orders, rules or regulations, and any other matters beyond the reasonable control of the party claiming force majeure.

34.2 If the Event is not held as a result of any force majeure or any other reason, Melbourne Royal will not be required pay for services by the Contractor incurred beyond the date of cancellation.

34.3 Except as specifically set out in this clause 19, neither Melbourne Royal or the Contractor (or its officers, employees and contractors) has an action, proceeding, claim, right to be reimbursed or indemnified for a liability, loss, damage, expense or cost that the other party may pay, sustain or incur as a direct or indirect result of any one or more of the following:

(i) The Event being not held as a result of a force majeure event;

(ii) The Event only being held for less than 11 days as a result of a force majeure event; and/or

(iii) The Event being held in a manner that differs to that expected by the parties where the differences arise as a result of compliance with the COVID-19 Safe Plan;

34.4 Neither party will be liable to the other party for indirect, incidental, special or consequential damages, including loss of profits or anticipated profits, even if notified of the possibility of that potential loss or damage.