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.
1.3 Further, Show Support is a provider of recruitment services.
4.1 If you wish us to provide you with Services, You must make a Booking. All Bookings must be made 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.
4.2 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.
4.4 Bookings are not binding upon Show Support until and unless they are 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 or Cost Estimate that Show Support has provided to You with respect to the Booking, any email from Show Support to You containing the quotation or Cost Estimate 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.
4.6 You must make all requests for amendments, alterations and cancellations to Booking Contracts by contacting Show Support directly via email to firstname.lastname@example.org. You may not make any amendments, alterations or cancellations of any Booking Contracts in any other way, 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’s Managing Director or another person who has been authorised by him or her to do so. Temporary Staff
do not have the authority to agree on Show Support’s behalf, to amend, alter or cancel any Booking Contracts.
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 You and Show Support’s Managing Director (or another person who has been authorised by him or her to agree to amendments, alterations or cancellations on behalf of Show Support).
4.8 Each Booking for Temporary Staff to carry out Services at a Site 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 the 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: (a) 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; and (b) You must provide us with a copy of a certificate of currency of insurance confirming that You have a valid policy of insurance that covers all and any loss, damage, injury and death that may arise as a result of any rigging work; and (c) You must ensure that Show Support is noted as an insured party on each such certificate of insurance. Show Support reserves the right to refuse to provide the Rigger until and unless You comply with the provisions of this clause 4.9.
4.11 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) You breach clause 4.10;
(e) at any time during the provision of the Services, the Rigger is not provided with a permanent Groundie; and/or
(f) 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.
4.12 It is Your responsibility to ensure that the work site is safe and suitable for the Services that are to be performed under each Booking Contract.
4.13 You agree and warrant that You have assessed the suitability for a Rigger for Your Booking Contract and its purposes, and to the maximum extent permitted by law, you use, and will use, the Rigger at your sole risk.
4.14 As between You and us, You are solely responsible for the engineering, stability, safety and security, construction and suitability of the services performed by the Rigger, and for any advice, procedures, plans or information provided by the Rigger and for any claims arising in connection with the works performed by the Rigger.
4.15 You hereby release and forever discharge and hold us harmless from all actions, causes of actions, proceedings, claims and demands threatened or brought or attempted to be brought by or in the name of Show Support arising out of or in connection with any services provided by the Rigger.
4.16 If due to any of the circumstances described in clause 4.11 occur and/or the Rigger and/or any other Temporary Staff has refused to perform Services because one or more of them considers there to be any safety issues with respect to a Site, Show Support may suspend or terminate the Booking Contract and You agree to immediately pay the Fees for the Services to Show Support (that would have been paid up until the end of the event) if the Booking Contract had not been cancelled.
5.1 If a 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 immediately pay Show Support 50% of the Fees for the Services to Show Support (that would have been paid up until the end of the event) if the Booking Contract had not been cancelled.
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 for the Services to Show Support (that would have been paid up until the end of the event) if the Booking Contract had not been cancelled.
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 the Fees for the Services to Show Support (that would have been paid up until the end of the event) if the Booking Contract had not been cancelled, regardless of the amount of notice given for the cancellation. Temporary Staff who are not General Crew include Riggers, Audio Technicians, Lighting Operators, Drivers, Forklift Operators and EWP Operators.
5.4 You agree and acknowledge that payment pursuant to clause 5 is not a penalty, but is a reasonable estimate of the loss that Show Support 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 It is a condition of each Booking Contract that you pay Show Support in advance the amount estimated by Show Support in any relevant quotation issued by Show Support to you (Advance Payment). If you fail to do so prior to any event the subject of a Booking, Show Support may terminate the Booking Contract without liability by notice to you and, in those circumstances, Show Support will have no obligation to provide any Services with respect to any event the subject of the Booking.
6.6 The Payment Terms that You must comply with are as follows:
(a) all invoices issued by Show Support to You are payable as follows:
(i) to the extent that any Advance Payment equals the quantum of the Fees the subject of an invoice, the Fees will be deemed paid from the Advance Payment upon Show Support’s issue of an invoice with respect to those Fees; and
(ii) to the extent that the Fees the subject of any invoice issued by Show Support to you cannot be paid from any Advance Payment (including, because the Advance Payment has already been applied to the Fees the subject of another invoice or because the Fees the subject of the invoice exceed the amount of any Advance Payment), the invoice must be paid within 7 days of the date of the invoice either by Electronic Funds Transfer (EFT) to Show Support’s bank account which appears on its 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.
6.7 Any disputed or queries regarding any Show Support invoice concerning dates/times/crew numbers/breaks/skills/rates etc. must be notified to Show Support within 24 hours of Your receipt of the invoice. After 2 Business Days following Your receipt of the invoice, the invoice will be deemed to be true and correct in all respects, may not be disputed 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.
6.8 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.
6.10 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.
6.11 The Fees are exclusive of the WorkCover Levy. The WorkCover Levy is charged at 1.5% of your invoice. You shall, on receipt of a valid tax invoice from show support, pay to Show Support such amounts in respect of the WorkCover Levy as is chargeable on the supply of the Services. You must pay the applicable WorkCover Levy at the time of paying the Fees, in accordance with 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). The penalty rate is payable for any time worked in addition to the initial 10 hours.
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). The penalty rate is payable for any time worked in addition to the initial 12 hours.
7.4 You must pay a penalty rate to Show Support (of 2 times the standard hourly Fees specified in the Booking Contract) if a Temporary Staff is called back to work after a 10 hour or longer shift without being given a 10 hour break. The penalty rate is payable for any time worked in addition to the initial shift.
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) for all time worked on any such days.
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 its absolute discretion.
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 at any event. 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 at the end of an event:
(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 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 (i.e other than pursuant to a Booking Contract).
9.2 If during the Relevant Period referred to in clause 9.4, You employ or engage any Temporary Staff (as either an employee or contractor other than pursuant to a Booking Contract) who have provided Services to You or who have been introduced by Show Support to You, to provide the same or similar role or service that you engaged Show Support to procure them to provide pursuant to a Booking Contract, You must pay to Show Support a recruitment fee (Recruitment Fee) within 7 days of demand by Show Support, as follows:
(a) the Recruitment Fee is $10,000 plus GST for each Temporary Staff that you employ or engage on a full time basis;
(b) the Recruitment Fee is $5,000 plus GST for each Temporary Staff that you employ or engage on a casual or part time basis.
9.3 You must immediately notify Show Support if You engage or employ, or intend to engage or employ, any Temporary Staff (other than pursuant to a Booking Contract).
9.4 For the purposes of clauses 9.2, 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 9.4(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 9.4(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.
9.5 You agree to pay the Recruitment Fee irrespective of whether:
(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.
10. Work Environment
10.1 You agree to ensure that all applicable Work, 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 each 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 work, 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, state and territory 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 and transport by temporary staff will be safe when used and will satisfy any work, health and safety regulations (including by ensuring that any documentation and log books required by the work, 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 and transportation.
10.6 You must regularly service all equipment to be used (and/or transported) 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;
(b) where doing so would be in breach of the manufacturer’s instructions or recommendations; or
(c) 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 or permitting 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 and transport any equipment and/or vehicles to, from and 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 Driver pursuant to any Booking Contract, You agree and acknowledge that the Driver shall not be required to load or unload any vehicle and that the unloading or loading of any vehicle must be carried out by 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 and/or transport equipment, if the vehicle and/or equipment 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 and/or transport 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 immediately be notified to Your senior management and Show Support management.
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 traveling to any location by you that would result in either you or show support being in breach of any work, 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 email@example.com 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 on Site 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 to evaluate whether they are competent to provide the Services under a Booking Contract, 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 in accordance with this clause, 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 relevant Temporary Staff, the SHS WHS Assessment and the SHS WHS Assessment Results;
(f) prior to relying on any Show Support Safety Management System, you must carry out your own independent assessment of the Show Support Safety Management System;
(h) as between you and Show Support, you are solely responsible for the safety of all Temporary Staff on Site;
(i) unless you notify Show Support by email to firstname.lastname@example.org 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; and
(j) You must clearly and expressly notify Show Support in writing by email to email@example.com 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 any 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 solely 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. If you use the Show Support Safety Management System, you are also solely responsible for reviewing the Show Support Safety Management System, and for ensuring that it is suitable for, and is sufficient, to ensure the safety of all Temporary Staff having regard to the Site and the nature of the Services.
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. 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 Temporary Staff during the time in which the Services were being supplied to you.
11.1 In any Booking, You may request Show Support to provide Drivers to assist You with the collection, transport and delivery of equipment that can be safely delivered to the Site in a van but only with respect to equipment that has a combined aggregate replacement value of up to AU$150,000 (Equipment)(Delivery).
11.2 You may only make a Booking for a Delivery with respect to Equipment that you have insured against loss or damage of any kind for the full replacement value of the Equipment. If You make a Booking for a Delivery, you must ensure the Booking includes:
(a) the number of Drivers required to carry out the Delivery pursuant to the Booking Contract;
(b) the availability of the Drivers which you require for the Delivery of the Equipment including the number of hours and days (and whether they are Business Days, Business Hours or otherwise) (Delivery Periods);
(c) the quantity, value, fragility, sensitivity, dimensions, condition, weight, detailed description and other specifications of the Equipment required to be transported;
(d) a copy of any policies of insurance that you have with respect to loss and/or damage of the Equipment; and
(e) any delivery points and requested route between the points that can reasonably and conveniently be adopted by Show Support when carrying out the Delivery (Delivery Points),
and any other information that a party in Show Support’s position would reasonably require when considering whether or not to accept the Booking.
11.3 Show Support shall use reasonable endeavours to deliver the Equipment that is to be delivered under a Delivery pursuant to a Booking Contract.
11.4 Show Support will be deemed to have delivered the Equipment pursuant to any Delivery under a Booking Contract in accordance with the Booking Contract if at the Delivery Point, Show Support obtains from any person a receipt or signed delivery docket for the Equipment.
11.5 If Show Support is unable to deliver the Equipment for any reason, Show Support shall be entitled to store the Equipment at Your risk and in such manner as Show Support may in its discretion determine and shall be entitled to charge a reasonable fee to You in respect of such handling and/or storage and additional charges for each attempted re-Delivery. All such fees are payable in accordance with the Payment Terms.
11.6 Show Support is entitled at any time to give written notice to You requiring You to remove the Equipment from storage within 2 days or as otherwise specified in the notice. In the event that You fail to remove the Equipment within the specified deadline, Show Support may without prejudice to any rights or obligations that You have under the contract or otherwise at law, dispose or sell the Equipment.
11.7 For each Delivery that you request in a Booking, You will be deemed to warrant to Show Support that You are either the owner of, or authorised agent of the owner, of any Equipment the subject of a Booking Contract and that You have the lawful authority to authorise Show Support to carry out the Delivery of the Equipment.
11.8 You must not issue any Booking with respect to any Equipment that is or may become explosive, illicit, unlawful, inflammable, or otherwise dangerous, hazardous, volatile and/or may cause harm, damage or injury to any person or property during Delivery or at any other time.
11.9 You warrant tat for each item of Equipment subject of a Delivery pursuant to a Booking Contract, prior to collection of the Equipment by Show Support, the Equipment shall be packaged in a manner, having regard to its nature, and adequate to withstand the ordinary risks of collection, transport and delivery when having regard to the nature of the Equipment, the weather conditions, vehicle, route to be taken and Delivery Points. You agree to indemnify Show Support for all loss and damage that Show Support may suffer as result of Your failure to comply with this clause.
11.10 You must compensate Show Support for all tolls, charges, and other travel expenses incurred by Show Support during the Delivery of the Equipment for any reason whatsoever. All such tolls, charges and expenses shall be payable in accordance with the Payment Terms.
11.11 If, on written demand, You fail to pay Fees due to Show Support in respect of any Services rendered by Show Support, Show Support may exercise a lien over the Equipment in Show Support’s possession, and without notice to You, may sell all or part of the Equipment to recover the amount of the Fees that You owe to Show Support as well as all charges and expenses associated with the storage and sale of the Equipment.
12. Contacting Show Support
12.1 Show Support’s hours of operation are 9:30am – 12:30pm on Business Days and 1:15pm – 5pm on Business Days (collectively, Business Hours).
12.2 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.
12.3 Show Support is not obliged to accept any request for amendments to shifts.
12.4 Show Support will use its reasonable endeavours to assist You with the location of Temporary Staff, when requested by You.
12.5 You agree and acknowledge that Temporary Staff contact details will not be provided to You.
12.6 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.
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 You acknowledge that you shall be solely responsible for any loss, fines, damages or costs suffered by Show Support as a result of your non-compliance with clause 10.25, whether or not caused by the content or implementation of the Safety Management System.
14.3 You agree that Show Support is not responsible for any Safety Management System in any way, and you accept full responsibility for the Safety Management System that you select and implement (whether or not it was prepared by Show Support). You hereby release Show Support unconditionally and irrevocably from and against all and any liability that Show Support may otherwise have as a result of your use of any Safety Management System.
14.4 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.
14.5 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.
14.6 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.
14.7 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.
14.9 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.
(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 (except where such termination would contravene the Corporations Act 2001 (Cth)).
18. Force majeure
20. Definitions and Interpretation
Bookings: an offer, request or order 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”.
Driver: a specific type of Temporary Staff designated by Show Support as “Driver”.
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./p>
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 (Equipment and Services Tax) Act 1999 (Cth).
Notifiable Incident: as defined under the WHS Act.
Payment Terms: as specified in clause 6.6.
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, 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: any person that engages Show Support or applies to engage Show Support to provide any Services. 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.
21. By signing this document you agree to becoming guarantor.
22.1 In this Agreement, unless otherwise indicated by the context:
(b) Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Sydney;
(c) GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
(d) Guarantor means the Guarantor named in this Agreement and includes the Guarantor’s executors and administrators;
24.1 In consideration of Show Support granting or agreeing to enter into any Booking Contract with the Company, the Guarantor:
(a) guarantees to Show Support the punctual payment of all fees and other money payable under the Booking Contract and the punctual observance by the Company of all other terms of the Booking Contract to be performed by the Company; and
(b) unconditionally indemnifies Show Support in respect of any failure by the Company to make any payment or to perform any obligation under the Booking Contract.
24.2 Show Support and the Guarantor agree that:
a) the guarantee and indemnity provided pursuant to clause 3.1 of this Agreement is a continuing guarantee and indemnity which is absolute and unconditional in all circumstances and is irrevocable and will remain in force until all the Company’s obligations under the Booking Contract are performed;
b) the guarantee and indemnity provided pursuant to clause 3.1 will not be discharged by the payment at any time of any money on account or by any concession given by Show Support to the Company or to the Guarantor or to any other person or by any compounding, compromise, abandonment, waiver, variation, relinquishment or renewal of any of Show Support’s rights against the Company or the Guarantor or any other person or by Show Support’s neglect or omission to enforce any such rights or by any other thing whatsoever which but for this clause might abrogate, prejudice or affect this guarantee and indemnity or by any variation or addition to the Booking Contract;
c) the guarantee and indemnity provided pursuant to clause 3.1 is in addition to any other rights which Show Support has under the Booking Contract and can be enforced against the Guarantor without Show Support first having recourse to any other rights and without taking any action against the Company;
d) the guarantee and indemnity provided pursuant to clause 3.1 will not prejudicially affect or be prejudicially affected by any security held by Show Support for any moneys owing under the Booking Contract but such security will be collateral and the Guarantor will not as against Show Support in any way claim the benefit or seek the transfer of any security;
25.1 Unless otherwise provided in this Agreement, any moneys payable under this Agreement have been calculated without regard to GST.
25.2 Any amount which is payable on account of GST as a consequence of any supply made under this Agreement is to be paid to the party making the supply at the same time as payment is made for the relevant supply.
26. COSTS AND DISBURSEMENTS
26.1 The Guarantor must pay all the legal and other costs disbursements of Show Support arising out of or associated with a default by the Guarantor under this Agreement.
26.2 The Guarantor must pay all duty (including all fines, interest and penalties) in respect of this Agreement
27.1 A notice or other communication required or permitted to be given by one party to another must be in writing and is taken to have been given when (unless otherwise proved):
(a) delivered personally, at the time it is delivered to the party;
(i) from Australia to an address within Australia, on the sixth (6th) Business Day after posting;
(ii) from Australia to an address outside Australia or from outside Australia to an address within Australia, on the twentieth Business Day (at the address to which it is mailed) after posting; or
c) sent by email to the email address of the addressee or such other email address notified as being the email address to use for the purposes of this clause upon the return of a read or delivery receipt.
27.2 A party may change its address for service by giving notice of that change in writing to the other parties.
28. WAIVER OR VARIATION
28.1 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
28.2 The exercise of a power or right does not preclude:
(a) its future exercise; or
(b) the exercise of any other power or right.
28.3 The variation or waiver of a provision of this Agreement or a party’s consent to a departure from a provision by another party will be ineffective unless in writing executed by the parties.
29. GOVERNING LAW AND JURISDICTION
29.1 This Agreement is governed by the laws of New South Wales. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
30. FURTHER ASSURANCE
30.1 Each party will from time to time do all things (including executing all documents) necessary or desirable to give full effect to this Agreement.
31.1 This Agreement may be executed in any number of counterparts each signed by one or more parties. Each counterpart when so executed is deemed to be an original and all such counterparts taken together constitute one document and the date of this Agreement will be the date on which a counterpart is executed by the last party.
31.2 The exchange of executed counterparts by email will create a binding agreement.
32. WHOLE AGREEMENT
In relation to the subject matter of this Agreement:
a) this Agreement is the whole agreement between the parties; and
b) this Agreement supersedes all oral and written communications by or on behalf of any of the parties.
33. NO RELIANCE ON WARRANTIES AND REPRESENTATIONS
In entering into this Agreement, each party:
a) has not relied on any warranty or representation (whether oral or written) in relation to the subject matter of this Agreement made by any person; and
b) has relied entirely on its own enquiries in relation to the subject matter of this Agreement.
This clause does not apply to warranties and representations that this Agreement expressly sets out.
34.1 If any part of this Agreement is invalid or unenforceable, this Agreement does not include it. The remainder of this Agreement continues in full force.
35. NO MERGER
35.1 Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any right, power or remedy that a party may have against another party or any other person at any time.
36. CONSENTS AND APPROVALS
36.1 Where this Agreement gives any party a right or power to consent or approve in relation to a matter under this Agreement, that party may withhold any consent or approval or give consent or approval conditionally or unconditionally. The party seeking consent or approval must comply with any conditions the other party imposes on its consent or approval or give consent or approval conditionally or unconditionally. The party seeking consent or approval must comply with any conditions the other party imposes on its consent or approval.