Client Terms and Conditions

AGREEMENT
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PARTIES
Show Support Pty Ltd ("SHS")
And
You ("the client")

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AGREE AS FOLLOWS

a. SHS is a recruitment agency and also provides its clientAGREEMENT
- - - - - - - - - -

PARTIES
Show Support Pty Ltd ("SHS")
And
You ("the client")

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AGREE AS FOLLOWS

a. SHS is a recruitment agency and also provides its client's the services of temporary staff.

b. The parties agree that this Agreement forms the basis for SHS providing the services of temporary staff to the client and mutually agree to be bound by all of its terms.

c. If the client is a company, sole trader and or partnership, it has in its capacity at law deemed to have agreed and executed this Agreement in accordance with the relevant legislation upon clicking "Yes" to the email provided to you containing this Agreement and also the quote.

d. The email containing the quote and all attachments form part of this Agreement.

e. By utilizing the services of SHS or 'logging in' to the SHS Personnel Manager website, the client is deemed to have accepted these terms and conditions.

f. If the client is a company, SHS is not required to provide the services of a Temporary Staff Member to the client unless each of the directors of the client have provided an executed Guarantee to SHS.

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1. RECRUITMENT/JOB PLACEMENTS

The client acknowledges and agrees that:

1.1 The client must not Engage a Temporary Staff Member who has been Introduced to the Client by SHS within 6 months of the date of this Agreement.

1.2. A client may Engage a Temporary Staff Member who has been Introduced by SHS more than 6 months after the date of this Agreement provided that the client:

(a) notifies SHS immediately of its intention to Engage the Temporary Staff Member in writing;

(b) where the Temporary Staff Member will be Engaged by the client on a casual basis, pays to SHS a once-off finder's fee of $1,500 to SHS within 14 days of the date of the notice given under clause 1.2(a);

(c) where the Temporary Staff Member will be Engaged by the client on a permanent basis:

(i) gives details of the Temporary Staff Member's Remuneration to SHS in writing; and

(ii) pays to SHS an amount equal to 15% of the Temporary Staff Member's Remuneration for the first year of Engagement within 14 days of the date of the notice given under clause 1.2.(a).


For example: 8 months ago, SHS provided you with the services of X for a job. Today you hire X. SHS obtains a copy of the employment contract to verify the terms of engagement and remuneration to be paid.

If you hire X on a casual basis, then you must pay a one-off fee of $1,500 to SHS.

If you hire X as a permanent employee on a salary package of $50,000 per annum, then you must make a one-off payment of 15% of X's salary package to SHS (in this case, $7,500).



1.3. SHS makes no representations and gives no warranties in relation to any Temporary Staff Member Engaged by a Client.


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2. DIRECTOR'S GUARANTEE

2.1 If the client is a company, each of the directors of the client must provide the signed Guarantee to SHS.

2.2. SHS is not required to provide the services of a Temporary Staff Member under this Agreement until each of the directors of the client have provided a signed Guarantee.

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3. OPERATING HOURS

The client acknowledges and agrees that:

3.1 SHS normal working hours of operation are 09:30 - 12:30, 13:15 - 17:00. Monday to Friday (excluding Public Holidays). Any bookings made outside these hours will incur a $105.00 administration fee payable by the client. ("Normal working hours").

3.2 When you book with Show Support Pty Ltd, the booking is with the entity specified at the time the booking is made, and listed at the top of the Booking Confirmation Email that we send you, and cannot be assigned or otherwise transferred to a third party.

3.3 All bookings MUST be made using the Online Booking System. Any bookings made via telephone may be refused, will incur a $25.00 admin fee and must be confirmed via email.

3.4 Outside normal working hours, only the Online Booking System can be used to make bookings

3.5 If they have made a booking outside normal working hours, then for the purposes of amending shifts, or locating Temporary Staff Members, SHS can be contacted by telephone 24 hrs a day 7 days a week but not for the purpose of complaints.

3.6 Any amendments, alterations or cancellations of shifts must be made via email to ops@showsupport.com.au

3.7 In the event of any accident/injury to any of SP's Temporary Staff Members on the worksite SHS can be contacted 24 hrs a day 7 days a week by telephone.

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4. BOOKINGS/GENERAL
The client acknowledges and agrees that:

4.1 SHS provides the services of Temporary Staff Members to assist the client in the implementation of their events and do not guarantee the quality or availability of Temporary Staff Members at given time.

4.2 If cancellations (for general crew) are made within 48 hours of you booking SHS's Temporary Staff Members you will be charged at half the normal rate.

4.3 If cancellations (for general crew) are made within 24 hours of you booking Temporary Staff Members you will be charged at the full rate.

4.4 100% Cancellation fee will be charged for all Activities that are not general crew, regardless of the amount of notice given for the cancellation. EG Riggers, Audio Technicians, AV Techs, Lighting Operators, Heavy Vehicle Drivers, Forklift Operators, EWP Operators. Anything other than 'loaders' can not be cancelled without attracting a 100% cancellation fee.

4.5 It will pay all invoices within 7 days of receipt either by direct Electronic Funds Transfer (EFT) to the account, which appears on the bottom of the invoice, or by sending a cheque made out to Show Support and posted to PO BOX 50 BARDWELL PARK NSW 2207; and

a.All EFT payments must have the invoice number attached and If the invoice number is not catalogued on the EFT transaction otherwise a $105.00 administration fee is payable by the client.

4.6 For last minute bookings (bookings made within 12 hours of the call time) the client will be charged an additional $60.00 administration fee.

4.7 ASAP bookings requiring crew to go to work instantly (i.e. to replace people who have not shown up to a job which is already happening) will incur the price of a taxi fare plus $60.00 administration fee payable by the client.

4.8 All late payments of Tax Invoices will attract a monthly 9% interest fee starting exactly one month after the invoice sent to the client.

4.9 Any queries of the invoice concerning dates/times/crew numbers/breaks/skills/rates etc must be made within 24 hrs of receipt of the invoice. After 2 working days following receipt of the invoice, the invoice will no longer be subject to amendments.

4.10 No Temporary Staff Members contact details will be given to any client either by the office or by them.

4.11 All changes to shifts can only be done via the SHS office, never with Temporary Staff Members directly.

4.12 Any bookings made directly with SHS Temporary Staff Members will not be considered to be valid.

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5.BREAKS/PENALTIES

The client acknowledges and agrees that:

5.1 Temporary Staff Members must be given a half hour break every four hours unless their shift is due to finish in the fifth hour.

5.2 Break times will be included in the hours worked and added to the finish time on the invoice. Eg. If Temporary Staff Members worked from 08:00am till 16:30pm with a half hour break, SHS will register the times as 08:00am till 12:00pm 12:30pm till 16:30pm.

5.3 Penalty Rates apply for long shifts. After ten hours (actual work time, non inclusive of breaks) time and a half will be charged to the client per hour.

5.4 After twelve hours (actual work time) double time will be charged to the client per hour.

5.5 Temporary Staff Members called back to work after a ten hour or longer shift (actual work time) without a ten hour break (ten hour turnaround) will be charged to the client at double time.

5.6 All Public Holidays will be charged to the client at double time.

5.7 SHS reserves the right to charge penalty rates in accordance with the conditions above, although in order to remain competitive, it may also choose not to charge these rates.

5.8 Temporary Staff Members that are referred to as General Crew in our quote have a minimum three hour call and any other Temporary Staff Members referred to as simply "crew" have a minimum four hour call out.

5.9 Temporary Staff Members referred to as "Crew Chiefs" will be booked on any job with four or more crew (i.e. three crew plus a crew chief), to administer the crew for SHS and the client

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6. DRESS REGULATIONS

The client acknowledges and agrees that:

6.1 SHS endeavours to ensure that Temporary Staff Members supplied in a "Corporate Environment" i.e., hotels that SHS Temporary Staff Members (non regional) can be expected to wear neat, long black pants in winter (jeans and cargo pants acceptable if they are clean and in good condition), black shorts in summer (clean and in good condition) black safety boots (steel capped), the SHS Charcoal Grey 100% short-sleeved cotton polo shirt, or black for crew chiefs (clean and in good condition).

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7. OHS

The client acknowledges and agrees that:

7.1 All OHS considerations such as Site Inductions, Work Method Statements, Job Safety Analysis, and Risk Assessment must be done by the client and must cover any SHS Temporary Staff Members provided by SHS.

7.2 It will ensure a safe working environment relating to the health and safety and welfare of all Temporary Staff Members working with you and comply at all time with all Commonwealth and state legislation relating to employees, including without limitation legislation dealing with anti-discrimination and sexual harassment.

7.3 It will indemnify and keep indemnified SHS from and against all damages losses expenses claims or actions incurred by SHS or for which it or its employees, subcontractors and/or agents may become liable by you to comply with your obligations under any relevant Commonwealth and state legislation relating to employee's.

7.4 SHS have Temporary Staff Members all over the place at any one time working in many venues sometimes with only an hour or two notice and cannot be expected to perform a safety assessment of every venue.

7.5 It is expected to make sure that SHS Temporary Staff Members are working in a safe environment within OHS guidelines as soon as they arrive on site for a job and the client assumes full OHS responsibility for them, until that job ends.

7.6 They will never ask an SHS crew member to perform any task that is physically beyond him/her or that is against OHS regulations.

7.7 The will always provide supervision for SHS Temporary Staff Members for the duration of the job.

7.8 Any Personal Protective Equipment which may be required for a certain job such as Hard Hats or Safety Vests must be supplied by the client.

7.9 All SHS Temporary Staff Members will be wearing steel capped safety boots at all times, provided by themselves and if they are not the client will not allow them to continue working and contact SHS's office immediately.

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8. FORKLIFT/EWP/HEAVY VEHICLE OPERATORS

The client acknowledges and agrees to:

a. Never ask an SHS Temporary Staff Member to operate machinery that he/she is unticketed for and will hold harmless SHS for any act, omission or negligence by that Temporary Staff Member for a failure to acknowledge this clause.

b. Never expect an SHS Temporary Staff Member to drive a vehicle if they do not possess a current driver's license or to drive a truck if they do not have the correct license and will indemnify, hold harmless for any act, omission or negligence by that Temporary Staff Member for a failure of the client to acknowledge this clause.

c. Guarantee that all equipment to be used by any SHS Temporary Staff Member is deemed safe and has all the necessary OHS regulations/documentation/log books etc up to date.

d. Guarantee that the equipment has been serviced regularly.

e. Not willingly/intentionally expect an SHS Temporary Staff Members to operate faulty equipment or equipment that is not functioning to 100% of it's capacity.

f. If the equipment was deemed to be fine at the beginning of a shift, but at some point during the shift the equipment broke down or became faulty, the SHS Temporary Staff Members will not be expected to keep operating the equipment.

g. Ensure that the particular SHS Temporary Staff Members have the correct ticket/license on them prior to allowing the SHS Temporary Staff Members to operate the equipment.

h. Not expect SHS Temporary Staff Members to use equipment in any way beyond its capacity or what it is legally allowed to do.

i. Never expect SHS Temporary Staff Members to drive a truck if you have overloaded its weight capacity. It is up to the client to plan the amount of weight going into a truck and if it is heavier than legally allowable, SHS will hold the client company responsible for any problems which may ensue.

j. If an SHS Temporary Staff Members is driving a vehicle such as a van or heavy vehicle and he/she receives a parking ticket, SHS deem it to be the result of instructions given by your crew to our SHS Temporary Staff Members and will not be held responsible for parking tickets.

k.In respect to Red Light Cameras/Speeding tickets/Driving Infringements hold SHS Temporary Staff Members to be responsible for any driving infringements.

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9. RIGGING

The client acknowledges and agrees that:

9.1 If they wish to book the services of an SHS Temporary Staff Members as a Rigger, that SHS strongly advise that they book him/her through SHS during the planning process of your job to assist you in acknowledging the regulations required by law and in organising the correct equipment for the job. This Rigging Consultation service will be provided at standard rigging rates as advertised on our site, min 4 hr call.

9.2 If you contract an SHS Temporary Staff Member as a Rigger without having consulted us in advance, then SHS reserves the right to refuse the job if:

i.You have a greater amount of weight to rig than the points, beams or roof will allow;

ii.You do not supply the SHS rigger with Engineer's drawings of the Venue with the load bearings clearly marked;

iii.The SHS rigger deems any of the slings, chain blocks, motors or any rigging equipment supplied by you to be incorrectly rated or unsafe;

iv.The SHS rigger is not provided with a permanent "Groundie", also provided by SHS at standard rates, i.e. someone on the ground specifically assigned to the SHS Rigger for the duration of his/her shift for the purposes of clearing space for the EWP and keeping other people out of the way, preparing barricades etc.

v.Clear Rigging Plans are not supplied detailing the exact location of points, the estimated load to be rigged and the load bearing of the beams or points; and

vi.If any of the above conditions are not met, the discretion of the SHS Rigger provided will determine whether we will undertake the job. If our Rigger deems it unsafe to proceed under the conditions you have provided, SHS will expect to receive payment for the job as if it had gone ahead, at the rates and for the times quoted to you, the client.

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10. GENERAL GOOD TREATMENT OF CREW

The client acknowledges and agrees that:

10.1 It will not leave SHS crew stranded in difficult places after normal working hours. For example, where possible, crew should finish a job at the same place that they start. If you wish for SHS crew to go back to your factory late at night, please advice SHS of this at the time of the booking and SHS will endeavour to get someone on the bump out that has transport for the crew. If this is not done then it is a condition of hire that the client provides that crew with a taxi fare or transport home.

10.2 Crew booked through SHS are auxiliary crew to their own and will be treated the same as their own crew including but not limited to due respect, meals and breaks.

10.3 If they are catering for their crew, they must cater for the SHS crew as well a condition.

10.4 It will use caution not to use the word "loader" in a derogatory way when referring to SHS crew.

10.5 It or its staff will not yell at SHS crew, speak down to them or threaten them in any way as most accidents occur when people are rushing or in an angry mood.

10.6 SHS Crew Chiefs and Field Managers are briefed to rest the crew for ten minutes in the event of any ugly incidents occurring and this policy is to be strictly enforced and done purely to maintain a safe work environment and to prevent any accidents from occurring.

10.7 Any complaints made by members of their crew should be passed on to senior management at their company and then directed to a member of SHS management during SHS normal working hours only.

10.8 If a member of their crew proves to become a persistent problem to SHS crew members, SHS reserves the right to demand those SHS crews are never to be put on the same jobs as that particular person.

10.9 As at the date of acceptance of this Agreement all temporary staff placed in accordance with this Agreement are under the client’s direction and control for the period of the job, therefore the client is responsible for all acts, errors and omissions whether wrongful, negligent or otherwise of such temporary staff but only to the extent that the client is responsible for the temporary staff at law in the absence of this Agreement.

10.10 SHS 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 SHS from all liability for any loss, wrongful act or omission and / or negligence of any SHS temporary staff except you are not required to release SHS from the proportion of liability that is has at law in the absence of this Agreement.

10.11 If either party holds an insurance policy covering its civil liability for third party personal injury or property damage, in the event that an insurance policy held by that party does not cover the loss or liability of that party in relation to the supply of temporary staff, or any indemnity given under this Agreement, each party's total aggregate financial liability to the other will be limited to $10,000.00.

10.12 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, 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.

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11.TERMINATION

11.1 If the client does not comply with any terms of this Agreement, SHS reserves the right to, amongst other things to immediately terminate this Agreement.

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12. GENERAL

12.1 A party must not assign or permit a third party to obtain the benefit of its rights and interests under this Agreement except with the prior written consent of the other parties which will not be unreasonably withheld.

12.2 A party must not make any public disclosure, communication or announcement about this Agreement except with the prior written consent of the other parties.

12.3 A party must do everything necessary or desirable to enable each other party to observe and perform its covenants and obligations under this Agreement.

12.4 None of the terms of this Agreement, or anything done under or by virtue of this Agreement or any other Agreement, instrument or document, or judgment or order of any court or judicial proceeding, will operate as a merger of any of the rights and remedies of the parties under this Agreement, and those rights and remedies will at all times continue in force.

12.5 If any provision of this Agreement is void, voidable, unenforceable, or illegal in its terms, but would not be void, voidable, unenforceable or illegal if it were read down and, it is capable of being read down, that provision will be read down accordingly.

12.6 If, notwithstanding cl 11.5 a provision is still void, voidable, unenforceable or illegal:

(a) if the provision would not be void, voidable, unenforceable or illegal if a word or words were omitted, that word or those words are severed; and

(b) in any other case, the whole provision is severed; and the remainder of this Agreement will be of full force and effect.

12.7 Any provision in this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of that prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of that provision in another jurisdiction.

12.8 This Agreement will be binding upon and inure to the benefit of the parties and, unless repugnant to the sense or context, to their respective administrators, personal representatives, successors and permitted agents and assigns.

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13. Governing law and interpretation

13.1 This Agreement will be governed by and construed in accordance with the law for the time being in force in New South Wales and the parties, by entering into this Agreement, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.

13.2 In this Agreement except to the extent that the context otherwise requires:

a) 'Engage' and 'Engagement' means to hire, engage, employ or use the services of a Temporary Staff Member (whether on a permanent or casual basis or under a contract of service or for services).

b) 'Guarantee' means the personal guarantee document located and available on the SHS website.

c) 'Introduce' means any means or process by which SHS has introduced a Temporary Staff Member to the Client. This includes where the Temporary Staff Member has been supplied by SHS under an earlier contract between SHS and the Client to carry out work or provide services or skills for the Client.

For example: 9 months ago, SHS provided you with the services of X for a job. As a result SHS has introduced you to X ' and you must pay the fees set out in clause 1 - regardless of whether:

- you approached X directly;

- X approached you directly looking for work;

- X gave you his or her resume at any time (even if the resume was given to you before SHS provided the services of X to you);

- X responded to your job advertisement; or

- if X has previously worked for you when you were at a different company or did work for you personally.

d) 'Remuneration' includes base salary, cash, wages, employer funded component of superannuation, guaranteed and anticipated bonus and commission earnings, allowances and all other payments and emoluments payable to or receivable by a Temporary Staff Member once Engaged by the Client.

e) "SHS" means Show Support Pty Ltd

f) "Terms" means the terms of this Agreement.

g) "You" or "Your" means the person or entity with which SHS has placed temporary or permanent staff.

h) "Temporary Staff Member" includes reference to crew, rigger and or person engaged by SHS to provide services to the client under this Agreement.

i) any term defined in the statement of the names and descriptions of the parties has the meaning there defined;

j) reference to legislation or a provision of legislation includes change or re-enactment of the legislation or a legislative provision substituted for, and legislation and statutory instruments and regulations issued under, the legislation;

k) words denoting the singular include the plural and vice versa;

l) words denoting individuals or persons include bodies corporate and trusts and vice versa;

m) headings are for convenience only and will not affect interpretation;

n) reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of this Agreement;

o) reference to a document or Agreement includes reference to that document or Agreement as changed, novated or replaced from time to time;

p) words denoting any gender include all genders;

q) where a word or phrase is given a definite meaning in this Agreement a part of speech or other grammatical form for that word or phrase has a corresponding meaning;

r) reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;

s) reference to a time and date concerning the performance of an obligation by a party is a reference to the time and date in Sydney, New South Wales even though the obligation is to be performed elsewhere.s the services of temporary staff.

b. The parties agree that this Agreement forms the basis for SHS providing the services of temporary staff to the client and mutually agree to be bound by all of its terms.

c. If the client is a company, sole trader and or partnership, it has in its capacity at law deemed to have agreed and executed this Agreement in accordance with the relevant legislation upon clicking "Yes" to the email provided to you containing this Agreement and also the quote.

d. The email containing the quote and all attachments form part of this Agreement.

e. By utilizing the services of SHS or 'logging in' to the SHS Personnel Manager website, the client is deemed to have accepted these terms and conditions.

f. If the client is a company, SHS is not required to provide the services of a Temporary Staff Member to the client unless each of the directors of the client have provided an executed Guarantee to SHS.

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1. RECRUITMENT/JOB PLACEMENTS

The client acknowledges and agrees that:

1.1 The client must not Engage a Temporary Staff Member who has been Introduced to the Client by SHS within 6 months of the date of this Agreement.

1.2. A client may Engage a Temporary Staff Member who has been Introduced by SHS more than 6 months after the date of this Agreement provided that the client:

(a) notifies SHS immediately of its intention to Engage the Temporary Staff Member in writing;

(b) where the Temporary Staff Member will be Engaged by the client on a casual basis, pays to SHS a once-off finder's fee of $1,500 to SHS within 14 days of the date of the notice given under clause 1.2(a);

(c) where the Temporary Staff Member will be Engaged by the client on a permanent basis:

(i) gives details of the Temporary Staff Member's Remuneration to SHS in writing; and

(ii) pays to SHS an amount equal to 15% of the Temporary Staff Member's Remuneration for the first year of Engagement within 14 days of the date of the notice given under clause 1.2.(a).


For example: 8 months ago, SHS provided you with the services of X for a job. Today you hire X. SHS obtains a copy of the employment contract to verify the terms of engagement and remuneration to be paid.

If you hire X on a casual basis, then you must pay a one-off fee of $1,500 to SHS.

If you hire X as a permanent employee on a salary package of $50,000 per annum, then you must make a one-off payment of 15% of X's salary package to SHS (in this case, $7,500).

1.3. SHS makes no representations and gives no warranties in relation to any Temporary Staff Member Engaged by a Client.

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2. DIRECTOR'S GUARANTEE

2.1 If the client is a company, each of the directors of the client must provide the signed Guarantee to SHS.

2.2. SHS is not required to provide the services of a Temporary Staff Member under this Agreement until each of the directors of the client have provided a signed Guarantee.

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3. OPERATING HOURS

The client acknowledges and agrees that:

3.1 SHS normal working hours of operation are 09:30 - 12:30, 13:15 - 17:00. Monday to Friday (excluding Public Holidays). Any bookings made outside these hours will incur a $105.00 administration fee payable by the client. ("Normal working hours").

3.2 All bookings MUST be made using the Online Booking System. Any bookings made via telephone may be refused, will incur a $25.00 admin fee and must be confirmed via email.

3.3 Outside normal working hours, only the Online Booking System can be used to make bookings

3.4 If they have made a booking outside normal working hours, then for the purposes of amending shifts, or locating Temporary Staff Members, SHS can be contacted by telephone 24 hrs a day 7 days a week but not for the purpose of complaints.

3.5 Any amendments, alterations or cancellations of shifts must be made via email to ops@showsupport.com.au

3.6 In the event of any accident/injury to any of SP's Temporary Staff Members on the worksite SHS can be contacted 24 hrs a day 7 days a week by telephone.

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4. BOOKINGS/GENERAL
The client acknowledges and agrees that:

4.1 SHS provides the services of Temporary Staff Members to assist the client in the implementation of their events and do not guarantee the quality or availability of Temporary Staff Members at given time.

4.2 If cancellations (for general crew) are made within 48 hours of you booking SHS's Temporary Staff Members you will be charged at half the normal rate.

4.3 If cancellations (for general crew) are made within 24 hours of you booking Temporary Staff Members you will be charged at the full rate.

4.4 100% Cancellation fee will be charged for all Activities that are not general crew, regardless of the amount of notice given for the cancellation. EG Riggers, Audio Technicians, AV Techs, Lighting Operators, Heavy Vehicle Drivers, Forklift Operators, EWP Operators. Anything other than 'loaders' can not be cancelled without attracting a 100% cancellation fee.

4.5 It will pay all invoices within 7 days of receipt either by direct Electronic Funds Transfer (EFT) to the account, which appears on the bottom of the invoice, or by sending a cheque made out to Show Support and posted to PO BOX 50 BARDWELL PARK NSW 2207; and

a.All EFT payments must have the invoice number attached and If the invoice number is not catalogued on the EFT transaction otherwise a $105.00 administration fee is payable by the client.

4.6 For last minute bookings (bookings made within 12 hours of the call time) the client will be charged an additional $60.00 administration fee.

4.7 ASAP bookings requiring crew to go to work instantly (i.e. to replace people who have not shown up to a job which is already happening) will incur the price of a taxi fare plus $60.00 administration fee payable by the client.

4.8 All late payments of Tax Invoices will attract a monthly 9% interest fee starting exactly one month after the invoice sent to the client.

4.9 Any queries of the invoice concerning dates/times/crew numbers/breaks/skills/rates etc must be made within 24 hrs of receipt of the invoice. After 2 working days following receipt of the invoice, the invoice will no longer be subject to amendments.

4.10 No Temporary Staff Members contact details will be given to any client either by the office or by them.

4.11 All changes to shifts can only be done via the SHS office, never with Temporary Staff Members directly.

4.12 Any bookings made directly with SHS Temporary Staff Members will not be considered to be valid.

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5.BREAKS/PENALTIES

The client acknowledges and agrees that:

5.1 Temporary Staff Members must be given a half hour break every four hours unless their shift is due to finish in the fifth hour.

5.2 Break times will be included in the hours worked and added to the finish time on the invoice. Eg. If Temporary Staff Members worked from 08:00am till 16:30pm with a half hour break, SHS will register the times as 08:00am till 12:00pm 12:30pm till 16:30pm.

5.3 Penalty Rates apply for long shifts. After ten hours (actual work time, non inclusive of breaks) time and a half will be charged to the client per hour.

5.4 After twelve hours (actual work time) double time will be charged to the client per hour.

5.5 Temporary Staff Members called back to work after a ten hour or longer shift (actual work time) without a ten hour break (ten hour turnaround) will be charged to the client at double time.

5.6 All Public Holidays will be charged to the client at double time.

5.7 SHS reserves the right to charge penalty rates in accordance with the conditions above, although in order to remain competitive, it may also choose not to charge these rates.

5.8 Temporary Staff Members that are referred to as General Crew in our quote have a minimum three hour call and any other Temporary Staff Members referred to as simply "crew" have a minimum four hour call out.

5.9 Temporary Staff Members referred to as "Crew Chiefs" will be booked on any job with four or more crew (i.e. three crew plus a crew chief), to administer the crew for SHS and the client

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6. DRESS REGULATIONS

The client acknowledges and agrees that:

6.1 SHS endeavours to ensure that Temporary Staff Members supplied in a "Corporate Environment" i.e., hotels that SHS Temporary Staff Members (non regional) can be expected to wear neat, long black pants in winter (jeans and cargo pants acceptable if they are clean and in good condition), black shorts in summer (clean and in good condition) black safety boots (steel capped), the SHS Charcoal Grey 100% short-sleeved cotton polo shirt, or black for crew chiefs (clean and in good condition).

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7. OHS

The client acknowledges and agrees that:

7.1 All OHS considerations such as Site Inductions, Work Method Statements, Job Safety Analysis, and Risk Assessment must be done by the client and must cover any SHS Temporary Staff Members provided by SHS.

7.2 It will ensure a safe working environment relating to the health and safety and welfare of all Temporary Staff Members working with you and comply at all time with all Commonwealth and state legislation relating to employees, including without limitation legislation dealing with anti-discrimination and sexual harassment.

7.3 It will indemnify and keep indemnified SHS from and against all damages losses expenses claims or actions incurred by SHS or for which it or its employees, subcontractors and/or agents may become liable by you to comply with your obligations under any relevant Commonwealth and state legislation relating to employee's.

7.4 SHS have Temporary Staff Members all over the place at any one time working in many venues sometimes with only an hour or two notice and cannot be expected to perform a safety assessment of every venue.

7.5 It is expected to make sure that SHS Temporary Staff Members are working in a safe environment within OHS guidelines as soon as they arrive on site for a job and the client assumes full OHS responsibility for them, until that job ends.

7.6 They will never ask an SHS crew member to perform any task that is physically beyond him/her or that is against OHS regulations.

7.7 The will always provide supervision for SHS Temporary Staff Members for the duration of the job.

7.8 Any Personal Protective Equipment which may be required for a certain job such as Hard Hats or Safety Vests must be supplied by the client.

7.9 All SHS Temporary Staff Members will be wearing steel capped safety boots at all times, provided by themselves and if they are not the client will not allow them to continue working and contact SHS's office immediately.

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8. FORKLIFT/EWP/HEAVY VEHICLE OPERATORS

The client acknowledges and agrees to:

a. Never ask an SHS Temporary Staff Member to operate machinery that he/she is unticketed for and will hold harmless SHS for any act, omission or negligence by that Temporary Staff Member for a failure to acknowledge this clause.

b. Never expect an SHS Temporary Staff Member to drive a vehicle if they do not possess a current driver's license or to drive a truck if they do not have the correct license and will indemnify, hold harmless for any act, omission or negligence by that Temporary Staff Member for a failure of the client to acknowledge this clause.

c. Guarantee that all equipment to be used by any SHS Temporary Staff Member is deemed safe and has all the necessary OHS regulations/documentation/log books etc up to date.

d. Guarantee that the equipment has been serviced regularly.

e. Not willingly/intentionally expect an SHS Temporary Staff Members to operate faulty equipment or equipment that is not functioning to 100% of it's capacity.

f. If the equipment was deemed to be fine at the beginning of a shift, but at some point during the shift the equipment broke down or became faulty, the SHS Temporary Staff Members will not be expected to keep operating the equipment.

g. Ensure that the particular SHS Temporary Staff Members have the correct ticket/license on them prior to allowing the SHS Temporary Staff Members to operate the equipment.

h. Not expect SHS Temporary Staff Members to use equipment in any way beyond its capacity or what it is legally allowed to do.

i. Never expect SHS Temporary Staff Members to drive a truck if you have overloaded its weight capacity. It is up to the client to plan the amount of weight going into a truck and if it is heavier than legally allowable, SHS will hold the client company responsible for any problems which may ensue.

j. If an SHS Temporary Staff Members is driving a vehicle such as a van or heavy vehicle and he/she receives a parking ticket, SHS deem it to be the result of instructions given by your crew to our SHS Temporary Staff Members and will not be held responsible for parking tickets.

k.In respect to Red Light Cameras/Speeding tickets/Driving Infringements hold SHS Temporary Staff Members to be responsible for any driving infringements.

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9. RIGGING

The client acknowledges and agrees that:

9.1 If they wish to book the services of an SHS Temporary Staff Members as a Rigger, that SHS strongly advise that they book him/her through SHS during the planning process of your job to assist you in acknowledging the regulations required by law and in organising the correct equipment for the job. This Rigging Consultation service will be provided at standard rigging rates as advertised on our site, min 4 hr call.

9.2 If you contract an SHS Temporary Staff Member as a Rigger without having consulted us in advance, then SHS reserves the right to refuse the job if:

i.You have a greater amount of weight to rig than the points, beams or roof will allow;

ii.You do not supply the SHS rigger with Engineer's drawings of the Venue with the load bearings clearly marked;

iii.The SHS rigger deems any of the slings, chain blocks, motors or any rigging equipment supplied by you to be incorrectly rated or unsafe;

iv.The SHS rigger is not provided with a permanent "Groundie", also provided by SHS at standard rates, i.e. someone on the ground specifically assigned to the SHS Rigger for the duration of his/her shift for the purposes of clearing space for the EWP and keeping other people out of the way, preparing barricades etc.

v.Clear Rigging Plans are not supplied detailing the exact location of points, the estimated load to be rigged and the load bearing of the beams or points; and

vi.If any of the above conditions are not met, the discretion of the SHS Rigger provided will determine whether we will undertake the job. If our Rigger deems it unsafe to proceed under the conditions you have provided, SHS will expect to receive payment for the job as if it had gone ahead, at the rates and for the times quoted to you, the client.

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10. GENERAL GOOD TREATMENT OF CREW

The client acknowledges and agrees that:

10.1 It will not leave SHS crew stranded in difficult places after normal working hours. For example, where possible, crew should finish a job at the same place that they start. If you wish for SHS crew to go back to your factory late at night, please advice SHS of this at the time of the booking and SHS will endeavour to get someone on the bump out that has transport for the crew. If this is not done then it is a condition of hire that the client provides that crew with a taxi fare or transport home.

10.2 Crew booked through SHS are auxiliary crew to their own and will be treated the same as their own crew including but not limited to due respect, meals and breaks.

10.3 If they are catering for their crew, they must cater for the SHS crew as well a condition.

10.4 It will use caution not to use the word "loader" in a derogatory way when referring to SHS crew.

10.5 It or its staff will not yell at SHS crew, speak down to them or threaten them in any way as most accidents occur when people are rushing or in an angry mood.

10.6 SHS Crew Chiefs and Field Managers are briefed to rest the crew for ten minutes in the event of any ugly incidents occurring and this policy is to be strictly enforced and done purely to maintain a safe work environment and to prevent any accidents from occurring.

10.7 Any complaints made by members of their crew should be passed on to senior management at their company and then directed to a member of SHS management during SHS normal working hours only.

10.8 If a member of their crew proves to become a persistent problem to SHS crew members, SHS reserves the right to demand those SHS crews are never to be put on the same jobs as that particular person.

10.9 As at the date of acceptance of this Agreement all temporary staff placed in accordance with this Agreement are under the clients direction and control for the period of the job, therefore they are responsible for all acts, errors and omissions whether wilful, negligent or otherwise of such temporary staff.

10.10 SHS does not accept any liability for loss, expense or damage arising from any act, omission or negligence of any temporary staff and you release SHS from all liability for any loss, act or omission and'/ or negligence of any SHS temporary staff.

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11.TERMINATION

11.1 If the client does not comply with any terms of this Agreement, SHS reserves the right to, amongst other things to immediately terminate this Agreement.

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12. GENERAL

12.1 A party must not assign or permit a third party to obtain the benefit of its rights and interests under this Agreement except with the prior written consent of the other parties which will not be unreasonably withheld.

12.2 A party must not make any public disclosure, communication or announcement about this Agreement except with the prior written consent of the other parties.

12.3 A party must do everything necessary or desirable to enable each other party to observe and perform its covenants and obligations under this Agreement.

12.4 None of the terms of this Agreement, or anything done under or by virtue of this Agreement or any other Agreement, instrument or document, or judgment or order of any court or judicial proceeding, will operate as a merger of any of the rights and remedies of the parties under this Agreement, and those rights and remedies will at all times continue in force.

12.5 If any provision of this Agreement is void, voidable, unenforceable, or illegal in its terms, but would not be void, voidable, unenforceable or illegal if it were read down and, it is capable of being read down, that provision will be read down accordingly.

12.6 If, notwithstanding cl 11.5 a provision is still void, voidable, unenforceable or illegal:

(a) if the provision would not be void, voidable, unenforceable or illegal if a word or words were omitted, that word or those words are severed; and

(b) in any other case, the whole provision is severed; and the remainder of this Agreement will be of full force and effect.

12.7 Any provision in this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of that prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of that provision in another jurisdiction.

12.8 This Agreement will be binding upon and inure to the benefit of the parties and, unless repugnant to the sense or context, to their respective administrators, personal representatives, successors and permitted agents and assigns.

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13. Governing law and interpretation

13.1 This Agreement will be governed by and construed in accordance with the law for the time being in force in New South Wales and the parties, by entering into this Agreement, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.

13.2 In this Agreement except to the extent that the context otherwise requires:

a) 'Engage' and 'Engagement' means to hire, engage, employ or use the services of a Temporary Staff Member (whether on a permanent or casual basis or under a contract of service or for services).

b) 'Guarantee' means the personal guarantee document located and available on the SHS website.

c) 'Introduce' means any means or process by which SHS has introduced a Temporary Staff Member to the Client. This includes where the Temporary Staff Member has been supplied by SHS under an earlier contract between SHS and the Client to carry out work or provide services or skills for the Client.

For example: 9 months ago, SHS provided you with the services of X for a job. As a result SHS has introduced you to X ' and you must pay the fees set out in clause 1 - regardless of whether:

- you approached X directly;

- X approached you directly looking for work;

- X gave you his or her resume at any time (even if the resume was given to you before SHS provided the services of X to you);

- X responded to your job advertisement; or

- if X has previously worked for you when you were at a different company or did work for you personally.

d) 'Remuneration' includes base salary, cash, wages, employer funded component of superannuation, guaranteed and anticipated bonus and commission earnings, allowances and all other payments and emoluments payable to or receivable by a Temporary Staff Member once Engaged by the Client.

e) "SHS" means Show Support Pty Ltd

f) "Terms" means the terms of this Agreement.

g) "You" or "Your" means the person or entity with which SHS has placed temporary or permanent staff.

h) "Temporary Staff Member" includes reference to crew, rigger and or person engaged by SHS to provide services to the client under this Agreement.

i) any term defined in the statement of the names and descriptions of the parties has the meaning there defined;

j) reference to legislation or a provision of legislation includes change or re-enactment of the legislation or a legislative provision substituted for, and legislation and statutory instruments and regulations issued under, the legislation;

k) words denoting the singular include the plural and vice versa;

l) words denoting individuals or persons include bodies corporate and trusts and vice versa;

m) headings are for convenience only and will not affect interpretation;

n) reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of this Agreement;

o) reference to a document or Agreement includes reference to that document or Agreement as changed, novated or replaced from time to time;

p) words denoting any gender include all genders;

q) where a word or phrase is given a definite meaning in this Agreement a part of speech or other grammatical form for that word or phrase has a corresponding meaning;

r) reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;

s) reference to a time and date concerning the performance of an obligation by a party is a reference to the time and date in Sydney, New South Wales even though the obligation is to be performed elsewhere.