The most important point of our contract (below) is that if YOU (the client) directly hire any staff that you have been introduced to through Show Support during the period of up to 12 months after the Crew Member leaves the employ of Show Support, you will pay a Recruitment Fee of up to $10,000, even if:
- You approach them for work directly;
- They approach you directly looking for work;
- They give you their resume at any time (even if the resume was given to you before Show Support provided the services of them to you);
- They respond to your job advertisement; or
- If they have previously worked for you when you were at a different company or did work for you personally.
1. ABOUT SHOW SUPPORT
1.1 Show Support is a recruiter of Temporary Staff.
1.2 It is also a provider of Temporary Staff to clients in the event management industry.
4. TEMPORARY STAFF BOOKINGS
4.1 Bookings can be made with Show Support for the provision of Temporary Staff.
4.2 You must make all Bookings with Show Support using Show Support’s nominated online booking system at www.showsupport.com.au. However, Show Support may elect in its absolute discretion to accept a Booking that is not made using Show Support’s nominated online booking system.
4.3 In consideration for Your payment of the Fees, Show Support agrees, during the Contract Term, to procure the provision of the event support services specified in the Booking by Temporary Staff (Services) for the events specified in the Booking each time You make a Booking which is accepted by Show Support.
4.4 Each time You make a Booking, You will be deemed to have made an offer to Show Support for Show Support to provide the Services specified in Your Booking in relation to the event specified in the Booking. Bookings are not binding upon Show Support until and unless accepted by Show Support. Show Support will notify You via email if it accepts Your Booking.
4.5 Each time Show Support accepts a Booking, a separate contract will be deemed to have been formed between You and Show Support consisting of the Booking for the provision of the Services in relation to the event specified in the Booking, any quotation that Show Support has provided to You with respect to the Booking, any email from Show Support to You containing the quotation and any attachments to the email (collectively, the Booking Contract). You cannot assign or otherwise transfer Your rights under the Booking Contract to any third party without Show Support’s prior written consent.
4.6You must make all requests for amendments, alterations and cancellations to Bookings by contacting Show Support directly via email to email@example.com. You may not make any amendments, alterations or cancellations in any other way of any Booking, including via any Temporary Staff, without the prior written consent of Show Support. Any amendments, alterations or cancellations of any Booking Contracts agreed to between You and any Temporary Staff are null and void unless they are approved in writing by Show Support.
4.7 Any amendments, alterations or cancellations of any Booking Contracts agreed to between You and Show Support are null and void unless they are mutually agreed to in writing by both parties.
4.8 Each Booking must specify that You wish to engage Show Support to procure the provision of General Crew to the Site for a period of no less than 3 hours and that You wish to engage Show Support to procure the provision of a Crew Chief to the Site for the relevant event where 4 or more Crew (inclusive of the Crew Chief) are specified in a Booking.
4.9 Where Your Booking specifies that You wish to engage Show Support to procure the provision of a Rigger to provide Services at the Site, You must specify in the Booking that You require the Rigger for a period of no less than 4 hours and participate in a consultation process with Show Support as determined by Show Support.
4.10 Show Support reserves the right to refuse to procure the supply of the applicable Services or to suspend or terminate any Booking Contract at any time, in its discretion if:
(a) You have a greater amount of weight to rig than the Rigger estimates the applicable points, beams or roof will allow;
(b) You do not supply Show Support with adequate engineering drawings of the Site with the load bearings clearly marked;
(c) The Rigger deems any of the rigging equipment supplied by You (including slings, chain blocks or motors) as incorrectly rated, faulty, not fit for purpose or unsafe;
(d) At any time during the provision of the Services, the Rigger is not provided with a permanent Groundie; or
(e) You do not supply Show Support with sufficient plans that specify the exact location of points, the estimated load to be rigged and the load bearing of the beams or points
4.11 It is Your responsibility to ensure that the work site is safe and suitable for the provision of the Services.
4.12 If due to any of the circumstances described in clause 4.10 occur and/or the Rigger and/or any other Temporary Staff has refused to perform the Services because one or more of them considers there to be any safety issues with respect to the Site, Show Support may suspend or terminate the Booking Contract and You agree to pay the Fees for the Services to Show Support as if the Services had been provided.
5.1 If You cancel a Booking Contract and the Booking is only for General Crew and You cancel the Booking Contract 48 hours or more before any Temporary Staff is to provide the Services, You agree to pay Show Support 50% of the Fees that would have been payable under the Booking Contract had the Services the subject of the Booking Contract been performed.
5.2 If You cancel a Booking Contract and the Booking is only for General Crew, and You cancel the Booking Contract less than 48 hours before any Temporary Staff is to provide the Services, You agree to pay Show Support 100% of the Fees that would have been payable under the Booking Contract had the Services the subject of the Booking Contract been performed.
5.3 If You cancel a Booking Contract that involves one or more Temporary Staff who are not General Crew at any time, You agree to pay Show Support 100% of all Fees that would have been payable under the Booking Contract had the Services the subject of the Booking Contract been performed, regardless of the amount of notice given for the cancellation. Temporary Staff who are not General Crew include Riggers, Audio Technicians, Lighting Operators, Heavy Vehicle Drivers, Forklift Operators and EWP Operators.
5.4 You agree and acknowledge that payment pursuant to clause 5.4 is not a penalty, but is a reasonable estimate of the loss that we will suffer from Your cancellation of the Booking Contract.
6. PRICE AND PAYMENT
6.1 You must pay Show Support the Fees in accordance with the Payment Terms, without setoff, counterclaim or deduction.
6.2 The Fees are calculated on a time and materials basis at the rates published by Show Support from time to time. Show Support does not offer fixed-price engagements.
6.3 Show Support may issue quotations with respect to any Bookings. Show Support’s quotations are estimates only and are based on Show Support’s best guess of the time that will be required for Temporary Staff to perform Services. The Fees that are ultimately payable by you to Show Support under each Booking Contract will be calculated based on the actual time spent by Temporary Staff performing Services.
6.4 Quotations issued by Show Support are non-binding and may include errors or fail to take into account all relevant information. Accordingly, quotations issued by Show Support are to be considered a guide only.
6.5 The Payment Terms are as follows:
(a) All invoices issued by Show Support to You must be paid within 7 days of receipt either by Electronic Funds Transfer (EFT) to the account which appears on the bottom of the invoices, or by sending a cheque made out to Show Support and posted to PO BOX 50 BARDWELL PARK NSW 2207;
(b) All EFT payments must have the invoice number specified and if the invoice number is not specified on the EFT transaction, a $105.00 administration fee shall also be payable by You to Show Support within 7 days of demand by Show Support.
6.6 Any queries regarding any Show Support invoice concerning dates/times/crew numbers/breaks/skills/rates etc. must be made within 24 hours of Your receipt of the invoice. After 2 Business Days following receipt of the invoice, the invoice will be deemed to be true and correct in all respects and shall no longer be subject to any requests for amendment. Show Support is not obligated to accept any requests for any amendment to any invoice.
6.7 The Fees are exclusive of GST. You shall, on receipt of a valid tax invoice from Show Support, pay to Show Support such amounts in respect of GST as are chargeable on the supply of the Services. You must pay any applicable GST at the same time as the Fees, in accordance with the Payment Terms.
6.9 You must indemnify Show Support from and against any costs including debt recovery and legal costs (on a full indemnity basis) incurred by Show Support in the course of enforcing the Payment Terms.
7. BREAKS AND PENALTIES
7.1 You agree to ensure that Temporary Staff are given a half hour break every 4 hours unless their shift is due to finish in the 5th hour (Break).
7.2 You must pay a penalty rate to Show Support (of 1.5 times the standard hourly Fees) if a Temporary Staff has worked more than 10 hours (not including a Break).
7.3 You must pay a penalty rate to Show Support (of 2 times the standard hourly Fees) if a Temporary Staff has worked more than 12 hours (not including a Break).
7.4 You must pay a penalty rate to Show Support (of 2 times the standard hourly Fees) if a Temporary Staff is called back to work after a 10 hour or longer shift without being given a 10 hour break.
7.5 You agree to ensure that where Services are to be performed on a Public Holiday, Bookings are made for a period of no less than 4 hours and You must pay a penalty rate (of 2 times the standard hourly Fees) in such circumstances.
7.6 You agree to ensure that where Services are to be performed on a Sunday, a penalty rate charged in accordance with the Fair Work Act 2010 is paid and the Booking is for a period of no less than 4 hours.
7.7 Show Support may choose not to charge You the penalty rates referred to in clauses 7.2 to 7.6 in order to remain competitive.
8. TEMPORARY STAFF
8.1 You must contact Show Support immediately via telephone in the event of an accident and/or injury to Temporary Staff.
8.2 Show Support will use its reasonable endeavours to ensure that Temporary Staff providing the Services in a corporate environment wear appropriate attire, namely neat long black pants, jeans or cargo pants in winter, black shorts in summer, black safety boots with steel caps and the Show Support grey (or black for Crew Chiefs) short sleeved 100% cotton polo shirt.
8.3 You agree to ensure that Temporary Staff are able to reasonably and safely return to their residences after providing Services. Without limiting the foregoing provisions:
(a) You must ensure that the Temporary Staff finish each event at the same place that they started working on the event, or provide the Temporary Staff with a taxi fare or safe transport home; and
(b) You cannot leave Temporary Staff stranded at the end of a job.
8.4 Notwithstanding clause 8.3(a), if You wish for Temporary Staff to return to Your factory or other premises outside of Business Hours:
(a) You must advise Show Support of this at the time of the Booking;
(b) Show Support will endeavour to get someone on the bump out that has transport for the crew to transport the Temporary Staff back to the residences of those Temporary Staff. If Show Support is unable to do so, You must provide the Temporary Staff with a taxi fare or safe transport to their residences.
8.5 You agree that the following is prohibited:
(a) treating Temporary Staff in a hostile, harassing, threatening or derogatory manner;
(b) yelling at, screaming at or speaking down to Temporary Staff;
(c) refusing Temporary Staff their allocated Breaks.
8.6 You must ensure that Temporary Staff are treated with respect and with at least the same level of due respect that Your own employees are treated with, including in relation to the provision of meals and breaks. Without limiting the foregoing provisions, during any event the subject of a Booking, if You provide Your employees with meals or catering, You must also provide Temporary Staff with meals and catering.
8.7 You must not use the word “loader” in a derogatory way when referring to Temporary Staff.
8.8 You must permit Temporary Staff to have a 10 minute rest break in the case of any disputes, arguments, or incidents occurring.
8.9 You must ensure, encourage, and adopt a culture of promoting, a safe working environment at each event the subject of a Booking.
9. RECRUITMENT SERVICE
9.1 You may engage Temporary Staff to work directly or indirectly for You (as either an employee or contractor) other than by engaging Show Support to procure the Temporary Staff to provide Services pursuant to a Booking Contract. However, by making a Booking of Temporary Staff pursuant to a Booking Contract, You have the benefit of being able to work with potential recruits on a long or short term basis prior to You recruiting those Temporary Staff to work directly or indirectly for You (other than pursuant to a Booking Contract).
9.2 If You engage any Temporary Staff to work directly or indirectly for You (as either an employee or contractor other than pursuant to a Booking Contract), You must pay to Show Support a recruitment fee in the amount specified in clause 12.4 (Recruitment Fee), within 7 days of demand by Show Support, subject to and where required pursuant to, the provisions of that clause 12.4
9.3 You must notify Show Support if You engage or employ, or intend to engage or employ, any Temporary Staff (other than pursuant to a Booking Contract).
10. WORK ENVIRONMENT
10.1 You agree to ensure that Occupational Health and Safety requirements are met from the time Temporary Staff arrive on Site until the Temporary Staff finish providing the Services with respect to the event the subject of the Booking.
10.2 You must conduct and prepare safety assessments including site inductions, work method statements, job safety analysis and risk assessments on Site prior to any Temporary Staff arriving on Site and You must ensure that all such matters take into account the Services to be provided by any Temporary Staff on Site together with ingress and egress to the Site and transport home from the Site. You acknowledge that Temporary Staff cannot be expected to perform safety assessments on Site.
10.3 YOU ASSUME FULL RESPONSIBILITY FOR THE OCCUPATIONAL HEALTH AND SAFETY OF EACH TEMPORARY STAFF FROM THE TIME THAT HE OR SHE ARRIVES ON SITE UNTIL HE OR SHE ARRIVES AT HIS OR HER RESIDENCE AFTER LEAVING THE SITE AND THAT DURING ALL SUCH TIMES YOU MUST ENSURE THAT ALL TEMPORARY STAFF ARE WORKING IN A SAFE WORKING ENVIRONMENT.
10.4 YOU AGREE TO ENSURE A SAFE WORKING ENVIRONMENT FOR ALL TEMPORARY STAFF (INCLUDING IN RELATION TO THE HEALTH, SAFETY AND WELFARE OF THE TEMPORARY STAFF) AND TO COMPLY WITH ALL APPLICABLE COMMONWEALTH AND STATE LEGISLATION, LAWS AND REGULATIONS INCLUDING LEGISLATION, LAWS AND REGULATIONS REGARDING ANTI-DISCRIMINATION AND SEXUAL HARASSMENT.
10.5 YOU HEREBY WARRANT AND GUARANTEE THAT ALL EQUIPMENT THAT YOU WILL SUPPLY AT ANY TIME FOR USE BY TEMPORARY STAFF WILL BE SAFE WHEN USED AND WILL SATISFY ANY OCCUPATIONAL HEALTH AND SAFETY REGULATIONS (INCLUDING BY ENSURING THAT ANY DOCUMENTATION AND LOG BOOKS REQUIRED BY THE OCCUPATIONAL HEALTH AND SAFETY REGULATIONS ARE UP TO DATE) AND THAT ALL EQUIPMENT COMPLIES WITH ALL RELEVANT STANDARDS AND IS SAFE, FULLY MAINTAINED IN ACCORDANCE WITH THE MANUFACTURER’S INSTRUCTIONS AND RECOMMENDATIONS AND IS FIT FOR USE.
10.6 You must regularly service all equipment to be used by Temporary Staff in providing the Services in accordance with the manufacturer’s instructions and recommendations and must not request any Temporary Staff to perform Services:
(a) that they are not physically capable of performing; or
(b) that would result in the breach of any occupational, health and safety laws or regulations.
10.7 You must provide adequate supervision of all Temporary Staff during the provision of the Services and supply any equipment required to protect Temporary Staff during the provision of the Services, including personal protective equipment (PPE). For example, You must supply hard hats and safety vests where necessary to protect Temporary Staff.
10.8 You agree to ensure that Temporary Staff wear steel capped safety boots at all times. You agree that at any time if a Temporary Staff does not wear steel capped safety boots You will not allow them to provide the Services and You will contact Show Support immediately to report any such matters.
10.9 You agree and acknowledge that You will not ask Temporary Staff to operate machinery that they are not qualified and experienced to operate. It is your obligation to assess Temporary Staff to ensure they are qualified and experienced to operate any machinery before instructing them to do so.
10.10 You must ensure that all Temporary Staff have the correct ticket and/or drivers licence and/or other applicable licence to operate any equipment and/or vehicles during any event the subject of a Booking. If Temporary Staff do not have the correct ticket and/or license to operate the relevant equipment and/or vehicles, You must not request or direct those Temporary Staff to operate the equipment and/or vehicle.
10.11 If You book any truck driver pursuant to any Booking Contract, You agree and acknowledge that the truck driver shall not be required to load or unload any truck and that the unloading or loading of any truck must be carried out by a separate Temporary Staff or other persons.
10.12 You agree and acknowledge that You will not request or direct any Temporary Staff to operate a vehicle and/or equipment if it is not fit for purpose, unsuitable, faulty and/or does not function to its full capacity and/or where the vehicle and/or equipment becomes faulty, not fit for purpose, unsuitable and/or does not function to its full capacity.
10.13 You must not request or direct Temporary Staff to operate a vehicle and/or use equipment in a manner that exceeds the capability and/or capacity of the vehicle and/or equipment. You must plan the amount of weight going into any vehicle.
10.14 Any complaints made by any of Your staff with respect to any Temporary Staff must be notified to Your senior management and then notified to Show Support management during Business Hours.
10.15 Show Support reserves the right to require You to ensure that any of Your staff are not in attendance at any Site at the same time as one or more Temporary Staff, where any dispute or complaint has been made by Temporary Staff with respect to those of Your staff.
10.16 YOU ARE RESPONSIBLE FOR THE WORK, HEALTH AND SAFETY OF ALL TEMPORARY STAFF WHILE THEY ARE AT ANY SITE AND WHILE YOU ARE TRANSPORTING THEM TO ANY LOCATION. YOU MUST COOPERATE WITH SHOW SUPPORT TO ENSURE THAT ALL LEGAL REQUIREMENTS, INCLUDING WITHOUT LIMITATION, ANY APPLICABLE LAWS, REGULATIONS AND CODES OF CONDUCT ARE COMPLIED WITH AT ALL TIMES. YOU MUST NOT DO ANYTHING OR FAIL TO DO ANYTHING IN RELATION TO ANY TEMPORARY STAFF WHILE THEY ARE ON SITE OR BEING TRANSPORTED TO ANY LOCATION BY YOU THAT WOULD RESULT IN EITHER YOU OR SHOW SUPPORT BEING IN BREACH OF ANY OCCUPATIONAL HEALTH AND SAFETY LAWS, REGULATIONS OR CODES.
10.17 YOU MUST ENSURE THAT THE SITE IS A SAFE WORK ENVIRONMENT AND THAT YOU HAVE AND ENFORCE POLICIES AND PROCEDURES ENSURING SAFE WORK BY ALL TEMPORARY STAFF AND THAT YOU COMPLY WITH ALL RELEVANT SAFETY STANDARDS AND MAINTAIN ALL PLANT AND EQUIPMENT THAT ANY TEMPORARY STAFF IS REQUIRED TO USE AT ANY TIME WHILE ON SITE. PRIOR TO TEMPORARY STAFF ENTERING THE SITE, YOU MUST NOTIFY ALL TEMPORARY STAFF OF ANY RELEVANT WORKPLACE, HEALTH AND SAFETY POLICIES AND PROCEDURES IN RELATION TO THE SITE, AND ANY HAZARDS ASSOCIATED WITH THE SITE, AND PROVIDE THEM WITH ALL NECESSARY INDUCTION, TRAINING AND PERSONAL PROTECTIVE CLOTHING AND EQUIPMENT TO ENSURE THEIR SAFETY WHILE ON SITE.
10.18 Prior to any Temporary Staff providing any Services or any part of any Services on Site:(a) You must inspect the relevant Site for safety issues and hazards and implement any control measures necessary to ensure the safety of Temporary Staff;
(b) You must implement a comprehensive safety management system that includes among other things, policies and procedures that address safety issues, competency assessments, onsite inductions, safe work procedures, venue inspections, incident reporting, on-site incident reporting processes and safety issue reporting processes (collectively, a Safety Management System) at the Site;
(c) You must provide any relevant Safety Management System training, guidance and information to all Temporary Staff;
(d) You must send an email to firstname.lastname@example.org attaching all of your safe work method statements, policies, safe work procedures, training materials, manuals, inductions and other documents created, issued or distributed for the purposes of, or in connection with, any Safety Management System that is relevant to the provision of Services by Temporary Staff with respect to the event(s) the subject of each Booking Contract and any other safety-related information and documentation in connection with any such event(s) (collectively, Safety Documentation), promptly, and in any event within 2 days, following the formation of a Booking Contract and within 2 days of any subsequent request by Show Support for your Safety Documentation.
(e) You must ensure that all Temporary Staff are: (i) provided with any requisite Safety Documentation promptly, and in any event prior to the Temporary Staff attending at any Site; and (ii) are familiar with the processes of the Safety Management System;
(f) You must ensure that all Temporary Staff are trained in the use of any Safe Work Method Statements (SWMS), site policies, safety policies, safe work procedures, incident reporting processes and safety issue reporting processes during an on-site induction conducted by you prior to the commencement of the provision of Services on Site.
10.19 You must ensure that an on-Site safety induction is provided to all Temporary Staff and that a Site inspection is conducted with any control measures implemented to guarantee the safety of any Temporary Staff prior to any Temporary Staff commencing to provide Services on Site.
10.20 You must complete a competency assessment with respect to any Temporary Staff prior to their attendance on Site, where required by applicable law and/or your SWMS; provided that if it is not practical to conduct a competency assessment prior to their attendance on Site such assessments must be conducted within the first 30 minutes of their attendance by your direct observation of the Temporary Staff engaged in the provision of the Services. If you determine (acting reasonably) that any Temporary Staff are not competent to provide any Services in a safe and competent manner (Incompetent Staff), you must notify Show Support immediately and direct the relevant Incompetent Staff to suspend their involvement in the provision of the Services until Show Support approves the continuation thereof in writing. If you fail to provide such direction, you must indemnify Show Support from all and any costs, fines, losses and/or damage resulting from the further use of the Incompetent Staff.
(a) Show Support requires all Temporary Staff to complete the Show Support WHS forms listed at https://www.showsupport.com.au/whs/ in respect of each event the subject of a Booking Contract, prior to attending the Site (SHS WHS Assessment);
(b) Show Support will promptly, following a request by you, provide you with the completed forms with respect to any SHS WHS Assessment completed by any Temporary Staff for the purposes of an event the subject of a Booking Contract (SHS WHS Assessment Results);
(c) as between you and Show Support, Show Support does not represent that any SHS WHS Assessment, or any SHS WHS Assessment Results are comprehensive, adequate or relevant to the event(s) the subject of a Booking Contract;
(d) prior to relying on any SHS WHS Assessment or SHS WHS Assessment Results, you must carry out your own independent assessment of the SHS WHS Assessment and the SHS WHS Assessment Results;
(f) as between you and Show Support, you are solely responsible for the safety of all Temporary Staff on Site;
(g) unless you notify Show Support by email to email@example.com to the contrary prior to the commencement of any event the subject of a Booking Contract, you will be deemed to have irrevocably confirmed and represented to Show Support and all Temporary Staff that the SHS WHS Assessment and the SHS WHS Assessment Results are relevant, sufficient, appropriate, and can be relied upon by Show Support and all Temporary Staff, for the purposes of the event;
(h) You must clearly and expressly notify Show Support in writing by email to firstname.lastname@example.org prior to the commencement of any relevant event the subject of a Booking Contract if:
A. you require all or any Temporary Staff to provide Services pursuant to Your SWMS to the exclusion of any Show Support Safe Work Method Statement available from https://www.showsupport.com.au/whs/; and/or
B. you do not consider the Show Support Safety Management System or any Show Support Safe Work Method Statement available from https://www.showsupport.com.au/whs/ to be relevant, sufficient, appropriate or that any such Show Support Safe Work Method Statement cannot or should not be relied upon by Show Support and all Temporary Staff, for the purposes of the event.
10.22 For the avoidance of doubt, nothing in clause 10.21 limits your obligations under any other provision of this clause 10.
10.23 You are responsible for the supervision of Temporary Staff for compliance with any of your SWMS, any workplace health and safety laws and regulations, and your Safety Management System, security, health and safety policies.
10.24 Show Support may in its absolute discretion, but is not obliged to, perform inspections, audits and/or checks such as venue safety inspections, inductions and competency assessments of Temporary Staff at any time, prior to and during the provision of any Services on Site. You must provide your full cooperation to Show Support during such inspections, audits and/or checks.
10.25 You must ensure that Temporary Staff are not exposed to risks to their health or safety or to hazards arising from the provision of Services and ensure that any systems of work, working environment, the Site, and any equipment or facilities provided for use in the provision of the Services, are safe and without risk to health and safety when properly used. In addition, at all relevant times you must exercise reasonable and necessary precautions which are appropriate to the nature of the Services and the conditions under which the Services are carried out.
10.26 You must provide such information, instruction, training and supervision as necessary to ensure that the Services are provided without hazards or risks to health and safety.
10.27 You must immediately notify Show Support of any Notifiable Incident, any injury sustained by any Temporary Staff on Site, or any injury sustained by any of Temporary Staff during the time in which the Services were being supplied to you.
11. CONTACTING SHOW SUPPORT
11.1 Show Support’s hours of operation are 9:30am – 12:30pm on Business Days and 1:15pm – 5pm on Business Days (collectively, Business Hours).
11.2 Show Support will be available by telephone during Business Hours for the purposes of receiving enquiries from You about Bookings and Booking Contracts and so that You can call Show Support to request amendments to shifts and assistance with locating Temporary Staff.
11.3 Show Support is not obliged to accept any request for amendments to shifts.
11.4 Show Support will use its reasonable endeavours to assist You with the location of Temporary Staff, when requested by You.
11.5 You agree and acknowledge that Temporary Staff contact details will not be provided to You.
11.6 Show Support is available to be contacted by telephone on a 24 hour, 7 day per week basis to be notified of any accidents or injuries suffered by any Temporary Staff. You must notify Show Support immediately if any such accidents or injuries occur.
12.1 You must not at any time during the period in which any Temporary Staff is employed or engaged by Show Support and/or during the Relevant Period employ or engage directly or indirectly and whether on Your own behalf or on behalf of any person, company or other entity, any Temporary Staff who has been:
(a) introduced to You by Show Support; or
(b) who has provided Services to You.
12.2 Except where you engage them pursuant to a Booking Contract. For the purposes of clause 12.1, the “Relevant Period” means:
(a) the 12 month period following termination of the employment or engagement of the relevant Temporary Staff by Show Support;
(b) or if clause 12.2(a) is deemed by a court of competent jurisdiction to be unenforceable, the 9 month period following termination of the employment or engagement of the relevant Temporary Staff by Show Support;
(c) or if clause 12.2(b) is deemed by a court of competent jurisdiction to be unenforceable, the 6 month period following termination of the employment or engagement of the relevant Temporary Staff by Show Support.
12.3 You will not be in breach of clause 12.1 unless you employ or engage Temporary Staff to fulfil the same role that you engaged Show Support to procure them to provide pursuant to a Booking Contract.
12.4 You agree to pay Show Support $10,000.00 for each contravention by You of clause 12.1, irrespective of whether, in relation to the Temporary Staff the subject of the contravention:
(a) you approach the Temporary Staff for work directly;
(b) the Temporary Staff approaches You directly looking for work;
(c) the Temporary Staff gives You their resume at any time (even where the resume was given to You before Show Support procured the Temporary Staff to provide the Services);
(d) the Temporary Staff responds to a job advertisement posted by You; and/or
(e) the Temporary Staff previously worked for You when You were at a different company or did work for You personally.
12.5 The reference to $10,000.00 in clause 12.4 only applies where You employ or engage the Temporary Staff (directly or indirectly) on a full time basis (other than pursuant to a Booking Contract). If You employ or engage the Temporary Staff (directly or indirectly) on a part time or casual basis (other than pursuant to a Booking Contract) the reference to $10,000.00 in clause 12.4 shall be deemed to be $5,000.00.
14.1 All Temporary Staff the subject of a Booking will be under Your direction and control for the period of the event the subject of a Booking Contract while the Temporary Staff are on Site. You shall be solely responsible for all acts, errors and omissions whether wrongful, negligent or otherwise of such Temporary Staff while on Site.
14.2 To the maximum extent permitted by law, neither party will have any liability to the other for fines, penalties, taxes (except GST), and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including but not limited to loss of business, loss of revenue, loss of contract, loss of production or lost opportunity costs), legal costs and expenses (except reasonable legal costs awarded by a court) except where such losses are covered by an insurance policy held by the party.
14.3 To the full extent possible by law, Show Support shall have no liability to You for any non-performance of any Temporary Staff, and for any other acts or omissions of any Temporary Staff, and You hereby irrevocably release Show Support from all such liability.
14.4 To the full extent possible by law, You acknowledge and agree that Show Support is not liable for any parking fines incurred by any Temporary Staff on any Site. Any parking fines will be deemed the result of instructions given by You to the Temporary Staff and You must pay all such parking fines.
14.5 To the full extent possible by law, You acknowledge and agree that Show Support is not liable for any driving infringement fines (including speeding fines or red light camera fines) incurred by any Temporary Staff while performing any Services the subject of a Booking Contract. You must pay all such fines.
14.7 Show Support does not accept any liability for loss, expense or damage arising from any wrongful act, omission or negligence of any temporary staff and You release Show Support from all liability for any loss, wrongful act or omission and or negligence of any Show Support temporary staff except You are not required to release Show Support from the proportion of liability that is has at law in the absence of this Agreement.
However, if the services are subject to a non-excludable condition, warranty, guarantee, right or remedy implied by the Australian Consumer Law and the services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, Show Support limits its liability for breach of any such non-excludable warranty, guarantee, right or remedy implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Show Support to You, in respect of each of the services, where it is fair and reasonable to do so, at the option of Show Support, to one or more of the following:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
15. INDEMNITY AND RELEASE
16. DIRECTOR’S GUARANTEE
17.1 Either party may terminate a Booking Contract with immediate effect by giving written notice to the other party if the other party suffers an Insolvency Event.
18. FORCE MAJEURE
20. DEFINITIONS AND INTERPRETATION
Bookings: an offer by You to Show Support for Show Support to procure Temporary Staff to provide Services.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in Sydney are open for business.
Crew: a specific type of Temporary Staff designated by Show Support as “Crew”.
Crew Chief: a specific type of Temporary Staff designated by Show Support as “Crew Chief”.
Fees: Show Support’s fees as specified on the Show Support website at www.showsupport.com.au and any amendment to those fees agreed in writing as notified to You by Show Support from time to time.
Force Majeure Event: any event beyond the reasonable control of Show Support.
General Crew: a specific type of Temporary Staff designated by Show Support as “General Crew”.
Groundie: a person whose purpose is to clear space for a Rigger, keeping other people out of the way or preparing barricades.
GST: has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Notifiable Incident: as defined under the WHS Act.
Payment Terms: as specified in clause 6.2.
Rigger: a specific type of Temporary Staff designated by Show Support as “Rigger”.
Show Support: Show Support Pty Ltd ABN 42 112 726 833 of 152/10 Park Road, Hurstville NSW 2220.
Site: the location where Temporary Staff are to provide the Services, as specified in the Booking.
Temporary Staff: any Crew, Crew Chief, General Crew, Groundie, Rigger, Audio Technicians, Lighting Operators, Heavy Vehicle Drivers, Forklift Operators, EWP Operators and/or any other person engaged by Show Support to provide Services to You.
WHS Act: the Work Health and Safety Act 2011 (Cth).
You or you: as specified in the Schedule. Your and your has a corresponding meaning.
(a) A person includes a natural person, corporate or unincorporated body.
(b) A reference to a statute or statutory provision is a reference to such statute or provision as amended and includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(c) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words following those terms.
(d) A reference to currency is to Australian dollars.