As an exhibitor at any Chester Group Exhibition and a responsible Organiser we must have some terms and conditions. In 95% of cases they never have to be referred to, but there will always be the exception. Yes and sure this is the dreaded small print but we still cover the essentials in our Invoicing and Order Provisions. If you have any observations, concerns or objections to any of the content of this Contract then you must contact us when you go through it.
1. INVOICE/CONFIRMATION
This first section also qualifies any ‘definitions’ used in this contract, and are clearly underlined.
The terms and conditions in this ‘Exhibitors Contract’ are issued by ‘CHESTER GROUP( EXHIBITIONS ) LIMITED or any of the independentcompaniesworldwidewhotradeunderourbrand and to which these terms are common,hereafterand this contract referred to as the ‘Chester Group and/or the ‘Organiser’ and the exhibitor as ‘Exhibitor’ and any booking for space of whatever type as a ‘reservation’ or more specifically space/stand/booth/suite and your attendance at exhibitions, shows or events organised by them., once you’ve received your Invoice/Confirmation we still allow you 5 days to review; our paperwork does not require a signature.
This ‘agreement’ shall be governed by the state or country within which the organisers company is registered. In the event the Attorneys/ Solicitors fees or other costs are incurred in any action between the organiser and the exhibitor covered by this agreement, the organisers shall be entitled to recover said costs. The person acting on behalf of the Exhibitor as recorded on the Organisers invoice/confirmation as having placed the order represents and warrants that he or she is duly authorised to execute this binding contract on behalf of the primary exhibitor. Having read the Contract In its entirety thePrimary Exhibitor agrees tobeboundby the information and terms contained herein and to inform any sharing Exhibitors of said terms and that they are bound by these terms.
No bookings can be accepted verbally,they must be confirmed by email or similar means.
A separate form named Order Provisions will support your invoice/confirmation and that does allow a considerable amount of time to cancel this order within specific deadlines.
Those deadlines are clearly defined.
The Invoice Confirmation and Order Provisions covers allthe important information including the show dates, ‘venue’.
terms of payment, rates etc. And is thus so in order that there is no doubt as to what you the ‘Exhibitor’ has committed to. Unless otherwise stated all figures shown are net of any taxes, taxes will always be shown separately.
A week is taken as 7 days and the deadline is calculated from the day preceding the day of build-up. You must understand that the same day as these deadlines expire we ourselves are obligated with the Venue to conclude our overall commitment, so we are unable to be flexible. If you cancel within these deadlines no liability will remain and a refund will be made as per these terms and conditions, but note as follows: Refunds will only be made if all outstanding invoices have been paid for the room or stand: with the exception of specific and listed discounts, such as payment in full. At the discretion of the Organisers a refund might also be declined if any invoices have been paid outside the date for payment. Outside of these deadlines you are legally bound to pay the sum remaining and all discounts if provided will be withdrawn, less any balance that has been paid. For the avoidance of doubt ‘within’ means before our deadlines expire and outside means after the deadlines have expired. If your booking is taken outside the cancellation deadline relative to the show and defined in the Invoice/Confirmation, then there is no right of cancellation.
A SHOW QUESTIONNAIREcoveringalllogistics willbesentout prior to the show, normally not less than eight weeks ahead of each show. If you require an earlier copy please advise. This EXHIBITORS QUESTIONNAIRE, THE EXHIBITORS SHOW MANUAL AND EXHIBITORS SHOW GUIDANCE make up what we refer to as the final ExhibItors Pack.
2. ASSIGNING AN ORDER
Should the/this order be placed by other than the company shown as the primary exhibitor ( the Assignor ) and the actual exhibitor ( assignee ) is also to be invoiced, then the assignor must be shown as theparty sharing thatroomor stand. Theassignor mustbe aware of the following: that any cancellation must be in writing from the assignor, not the assignee. If that cancellation is outside our terms then the assignor remains responsible for the full payment outstanding as per the/this Exhibitors Contract.
3. SPLIT INVOICING
Requests for an invoice to be split with another company who is supporting that primary exhibitor’s room will not be agreed to.
4. LATE BOOKINGS
Should a reservation be made within 8 weeks of a show, then we can only operate on a first come first served basis, i.e. receipt of payment.
5. ROOM SHARING
Exhibitors are permitted to share their rooms but the Organiser must be advised in advance.
Room sharing however is limited to two separate companies, but may, subject to the size of the Syndicate/Suite may be extended to three ( maximum ) See item 38 regarding signage.
If you answered YES to reservation sharing, then there is no more that you need to do. If you have answered yes to reservation sharing but are unable to confirm who you’ll be sharing with at this time, then we MUST be advised not less than three months ahead of the show. If you have said NO and change your mind ahead of the show, then again we must be advised not less than three months ahead of the show. Reservation sharing IS permitted, as covered by the Booking Provisions, but only one invoice will be raised, to the Primary Exhibitor. Under no circumstances can any Primary Exhibitor ‘prosper’ from the sub-letting of their room or this dispensation will be cancelled and for the avoidance of doubt that means if the total revenues secured by the Primary Exhibitor exceed what they have paid the Organiser. Any remedial actions are entirely at the discretion of the Organisers.
If an Exhibitor does not comply with any of these terms relative to room sharing and it can be proven by the Organiser that as a result this could or has led to a loss of income then they reserve the right to levy an additional charge to that room or trade stand equal to the net cost of the space concerned.
6. DEPOSIT
A deposit is always required to confirm the reservation of your choice and per the terms of the Order Provisions plus the following if they apply. Depending on when you make the reservation these payments will of course be amalgamated as necessary. Non receipt of payments as set out here do not necessarily absolve you from financial responsibility.
7. PRE-AUTHORISED MONTHLY PAYMENTS
Pre-authorised monthly payments can be agreed, payable by Direct Debit.
8. PROMPT SETTLEMENT
A special discount is available for any exhibitor who pays in full and is covered in the order provisions.
9. DISCOUNTS
Some of our shows have additional discounts and are subject to specific deadlines. If payment is not received on or before the deadlines expire then that discount will be withdrawn. The Discounts are set out specifically for each show, and are non-negotiable.
10. ORDER CONDITIONS
Allreservationswhetherbydirectcontact,phone, our website, email, fax or post will be acknowledged and deemed confirmed by the organiser via the Invoice/Confirmation and Order Provisions.
The Organiser is under no obligation to accept any application to exhibit, nor are they obliged to provide any reason for such non acceptance except to make clear that any rejection does not imply any lack of merit of the Exhibitor or its proposed Exhibit.
An Exhibitor is not required to sign anything.
By whatever method that the reservation is received our Invoice/Confirmation constitutes the contract.
Evidence of e-mailing or posting will be deemed to be evidence of receipt. Any subsequent changes to an exhibitor’s ‘reservation’ will be confirmed by amendment to the original Invoice/Confirmation order and/ and sent by post or email.
Intheeventthatanydetailsareincorrectinthe Organiser’s paperwork then the organiser must be advised in writing within 5 working days, otherwise the details will stand as correct.
Fororders/reservationsreceivedviatheorganiser’s website the exhibit choice of reservation is automatically assured and forms a contract, providing it is available. If not the exhibitor will be advised. Orders/Reservations received by telephone voicemail, fax or post are received and confirmed in order and upon receipt of confirmation.
For Orders/reservationsreceivedbytelephonethe internal reservation will be immediate, the exhibitor will be advised during the call if the position they require is available.
11. CANCELLATIONS
Cancellations can only be accepted in writing, and shall be effective when received by the organisers. The cancellation must be via the original contact or a Director/Partner of the exhibiting company. If cancelled outside of the deadlines as detailed on the ‘Order Provisions’ then the full rental of the Exhibitors reservation remains due and payable - whether the exhibitor attends or not. For the avoidance of doubt ‘within’ means before the deadlines expire and ‘outside’ means after the deadlines have expired.
For cancellations received within the deadlines as detailed in the Order Provisions a full refund of any monies paid will be made within 14 days of the completion of the exhibition.
Where monies have been paid as required by the confirmation order and the subsequent invoicing and the cancellation is outside of the three deadlines the organiser will without obligation attempt to reassign the Exhibitors reservation, providing the reasons for the exhibitors cancellation are exceptional.
There is no undertaking implied or intended that the Organiser will be able to reassign the Exhibitor’s reservation - the organisers can only do their best.
The Organisers will not make direct calls to try and resell such reservation, they will only steer incoming calls to the reservation concerned.
Exceptionalmeanscircumstanceswhichmakeitimpossiblefor the Exhibitor to attend. The Organiser may require documentary evidence via a third party to confirm this.
Any monies paid will be to the benefit of the new assignee and will not be refunded to the original Exhibitor. The rate for the reservation will not change from that on the original Confirmation Order.
Should the Organiser be successful in assigning the reservation then the Organiser’s only obligation is to advise the original Exhibitor of theiractions. Thecancellation from theoriginalExhibitor will be taken as final regardless of what communications may follow; should for whatever reason the original Exhibitor change their mind and the reservation has been subsequently assigned then they will be obliged to make a new reservation and at the full price and must be paid in full. If the reservation remains available and the original Exhibitors circumstances change and they wish to reverse their cancellation then all the Organiser requests, is that they are advised in writing.
Where no monies have been paid or the Organiser receives no formal cancellation then no attempt will be made to reassign the Exhibitor’s room or stand.
The Organiser’s Invoice/confirmationdoes not rely on any payment to have been made to validate it as a contract; neither does it require the Exhibitor’s signature.
Any attempts to reassign an Exhibitor’s reservation will cease 10 working days before the show.
The Organisers reserve the right to print ‘subject to confirmation’ in any programme relating to the Exhibitors reservation and/or the display of suitable notices at the show where an Exhibitor acts in such a way as to leave doubt as to their intentions or actions. Such actions include no response from the Exhibitor communications whether by phone, fax, email or post prior to the exhibition.
12. SPECIAL CONSIDERATIONS
As organizers we treat all potential exhibitors as equal, regardless of the size of reservation in terms of cost, extent or position and/ or payment proposals.However the organizers do have to consider the following when being approached by any potential exhibitor, and accordingly reserves the right to either favour or refuse business offered to the organiser. Examples as follows: Seniority: this is extended to exhibitors who have been in the previous show or shows and in a specific position and we always give that exhibitor first refusal on the same requirements for any subsequent show/s, but only to a specific deadline. Image. That what the exhibitor plans is decent, legal and honest, or not as the case may be. Dilution: if in the view of the organiser it is felt that there might be an excess of one particular product which could compromise the income of all exhibitors in that group, or in the interests of the visitor, then any additional enquiry might be declined. History: if the organiser has had trading experiences with that exhibitor that is negative to the good reputation of the show or the organiser. Financial: if the organiser.
has had negative experience with that exhibitor which regards to the promptness of payment at the current or any previous show,or if that Exhibitor still owes money to the Organiser and whether or not he wishes to book directly with the Organiser or seeks to share a room or stand with another Exhibitor with or without the Organisers knowledge , Relationships: If the organiser has had experiences with that exhibitor in the past which in their opinion would be disruptive to the show and other exhibitors.
13. SUPERSEDING CONTRACTS
This contract is subject and subordinate to any additional conditions which are imposed on the Organisers by the venue, venues or suppliers being used for the exhibition.
Should any Exhibitor have reason to complain about any level of service or supply whether provided by the organiser or the venue or the organisers contractors or the venues contractors then this must be brought to the notice of the Organiser immediately it is known. This complaint must be made in a formal and clear way directly with the Organiser by the Exhibitor via the person who concluded the contract, as no complaints can be considered of any nature after the show has closed. All complaints will be dealt with straight away but if any Exhibitor does not accept that a complaint has been amicably resolved then he/she will be requested to vacate the exhibition immediately.Any Exhibitor having a complaint which they don’t accept has been resolved and at the same time and for whatever reason still owes money to the Organisers will and at the discretion of the Organiser have their reservation closed to the public and any possessions including stock will be impounded by the Organisers or its agents until such time as the dispute is resolved. Any costs incurred by the Organiser relating to these actions will be chargeable to the Exhibitor. The Organisers also reserve the right to insist that any monies still owed are paid in cash.
In the event that any query is raised about the description, size or servicesof thereservationandbefore theevent takesplace, then that query must be put in writing to the organiser & must be resolvedbefore the show. Should that require an adjustment to the account by the organiser then this will be confirmed either by email, or similar means and once entered into will deem to have resolved the dispute. Should any query be raised about the description, size, services, position or even the room location itself then once again the Exhibitor and the person responsible for concluding the Contract must make a formal complaint directly with the Organiser during the show, and exactly the same terms of resolution will apply as above. If for whatever reason, and in this particular case, the contracted partyisnotavailabletomake thecomplaint then theExhibitor has a maximum of 28 days following the show to make that formal complaint. For any complaint to be upheld there would have to clear evidence of actual losses. In the event that a complaint ‘is’ upheld then the maximum compensation will be limited to the reduction of the original room or stand cost, back to cost thus removing all profit. Once again if for whatever reason monies are still outstanding to the Organiser then no complaints will be considered until full payment is made.
14. ARBITRATION
Any controversy or claim arising out of or relating to this contract, or breaches thereof, shall be settled by arbitration in the State or Country that the organising company is registered, and in accordance with the commercial arbitration rules that apply.
15. DEADLINES
The Exhibitor agrees to submit any such information that is needed or relates to or is beneficial to the Organiser and the show for the Exhibit, before all deadlines have expired. Exhibitor/s may forfeit some services or benefits or suffer financially through increased prices if such information is not submitted by the indicated deadlines. Notwithstanding the above the Organisers will make all reasonable attempts to contact each Exhibitor to obtain such information and make available via its website all such forms that may be required.
16. TAXES
Exhibitors will receive all the necessary paperwork including invoicing etc. which complies with the local tax authority. Each exhibitor is expected to comply with any requests made by that local tax authority concerning sales, monies owed etc. on their volition. Exhibitors are fully responsible for their own tax affairs and calculations and any payments due to that tax authority.
17. PAYMENT
For exhibitors who do not pay the deposit or subsequentsums for their reservation before the final deadline’s as set out in the Order Provisions then it’s entirely at the discretion of the organisers whether or not they are prepared to accept the risk of later payment. Normal statements and reminders willcontinue tobesent to theExhibitor andonly a formalletter of cancellation from the Organiser or advice that their reservation has been assigned will absolve the exhibitor from financial responsibility. Notwithstanding this the Organisers reserve the right to allocate a different location for any Exhibitor who doesn’t make such payments on time if they have a demand from another Exhibitor who is prepared to book and pay any time after the deadlines as set out in which case the Exhibitor will be advised in writing that they are being moved.
Any monies outstanding within the eight week period prior to the show, will atthediscretionof theOrganisers,besurchargedat the rate of 8% per month or part month plus the existing Bank of England Base Rate, since the first invoice became overdue, excepting of course any reservations that take place within this period.
Any monies outstanding within the last five working days prior to the show build up day will only be accepted by Bankers draft, Bank transfer, Wire or Cash, If cash then this has to be for the total of the reservation cost including any Interest as above plusTaxes, the Organisers must know in advance and such monies must be brought to the organisers office when the Exhibitor registers. There will be no admission to either Room or Stand before this is done.
Should an Exhibitor who still owes the Organiser monies attempt to circumvent this procedure and/or attempt to access their room or stand.
without discharging their debt then they will be deemed to be in trespass and the Organiser reserves the right to deadlock the room whether it contains stock or not until such debt is cleared, this applies both during show build up and during the show.
If this relates to a trade stand/Booth then the Exhibitor will be asked to remove themselves from the show forthwith unless the debt is discharged.
Any monies outstanding after the show will be surcharged at the rate of 8% per month or part month plus the prevailing Bank of England Base Rate on the rolled up balance, unless such overdue sum has been agreed with the Organisers as to how it will be paid.
18. TRADING DETAILS
It is the responsibility of the exhibitor to keep the organiser informed about any changes to their address, trading name, emails etc. or circumstances which could lead to a delay in information reaching the Exhibitor. Whether or not this is done will not alter liability and theoriginalinformationascontainedintheConfirmationOrder will continue to constitute the contract. Equally there can be no assignment of the Invoice//Confirmation or dissection without the Organiser’s agreement.
19. COLLECTIVE DEBT
Should an Exhibitor have more than one reservation and whether or not discounts have been allowed against one or both of those reservations and should payment for either of these reservations not be paid either as due or by arrangement prior to the show then these reservations will be deemed to be a collective debt and a collective contract and the Organiser is at liberty to withhold access to either reservation until the whole account is cleared.
20. PUBLIC DOMAIN
Once an Invoice/Confirmation has been sent to an exhibitor then the organiser has the right to promote that exhibitors name within the overall marketing of the event without any further form of reference to the exhibitor, the name used will be that which is entered on the Confirmation Order. This is as a service to the exhibitor. The organiser will incur no liability for any errors or omissions or format changes in any media/medium the organiser chooses to use.
21. FOOD & BEVERAGE
No Exhibitor shall offer any food or beverage to attendees without the written permission of the Organisers. All catering services must be commissioned or negotiated via the Venue that the show is held within.
22. FIRE REGULATIONS
All Exhibitors will observe and be subject to the Rules and Regulations set by the local Fire Brigade/Marshalls. Should any queries arise then these must be put to the Organisers with final authority resting with the Fire Authority.
23. FORCE MAJEURE
It is agreed that should the venue within which the show is being held be destroyed by fire or similar elements or in the case of government intervention or regulation, be that military action, strikes, terrorism, climatic disasters or any other circumstances such as epidemics, that makes it impossible or inadvisable for the Organisers to hold the show at the time and place so advised, then as Organisers we have the following options.
23a
If the event is cancelled completelythen any bookings with Exhibitors shall terminate and said Exhibitors shall and do hereby waive any claim for property or any other damages or compensation as a result.
23b
If for exceptional reasons the Organiser is unable to complete the exhibition i.e. has to completely cancel the exhibition, then the Exhibitor will be advised by the same communication method previously deployed; immediately it is aware of the situation. If so cancelled then again any bookings with Exhibitors will terminate and no claim of any type will be considered by the Organiser.
Exceptional means circumstances which will not allow the exhibition or event to be managed or organised i.e. incapacity on the part of the organiser or its staff or any of its key suppliers or contractors.
23c
IfforfinancialreasonstheOrganisersareunabletocomplete theexhibition,throughlackofoverallexhibitorsupport,andin the view of that the organisers are aware that the show will differ substantially from the original concept and as being presented and marketed to the trade and visitors then the Organisers reserve the right to completely cancel the show. This will be done no later than 4 weeks prior to the build up day to the show, and all Exhibitors will be contacted by the same communication method previously deployed with each and every confirmed Exhibitor. Only those Exhibitors who complied precisely with the Organisers payment terms/requests in conjunction with the Invoice/Confirmation etc. will have any funds refunded, but that refund will still be subject to a deduction of 10%.
Any that did not comply with the Organisers payment terms/requests will be subject to the deduction of the net cost of their room or stand.
Refunds will be made by the same method of previous payment, and within 2 months of the last day of the shows planned date.
23d
In the event that the Venue which has been formally announced and marketed for a specific show becomes unavailable or unsuitable to host a show, notwithstanding the above reasons, further examples being; unexpected and disruptive refurbishment, change of ownership, loss of specific rooms or overall space, reduced or unavailable build up or break down times, unacceptable change in contracted terms, trading issues, loss of major amenities, substantial staff changes or where another Organiser in the same industry and show concept subsequently announces the same dates then the Organisers reserve the right and discretion to re-schedule the show and also to a new Venue. Providing the change of date, venue and location do not substantially alter the shows primary packaging to Exhibitors and that any confirmed Exhibitors have access to similar sized rooms or the same space and the new dates when announced are not in excess of the current or subsequent calendar year then no refunds will be made and all bookings In all cases above the Exhibitor may choose to protect itself from such events, by securing insurance to protect itself from any losses.
23e
A final option and with specific reference to a Pandemic :if a show has already been rescheduled twice since it was last organized then the Organisers have the discretion to override all the above options and refund any monies paid providing those monies were paid as per the Organisers terms.The date for that decision will relate directly to a date the Government imposes for events such as which the Organiser, organizes. In such case this will be confirmed to each and every Exhibitor by email at the time.
23f
In the event that a show has only been rescheduled once since it was last organized then all Exhibitors will be transferred to the new date, with no penalties. There will be no rights to cancel should the date not be acceptable.
24. UNDERTAKING
Withintheorganiserspromotionalmaterialaredetailsofhow they willpromote and market the show or exhibition and these arefreelyavailabletoExhibitors;it’sintheOrganisersinterests to ensure that all the shows they organise have maximum footfall and/orpaying attendance to each event as gate receipts are financially an essential element in their income and allow the exhibition reservations to be subsidised: However there is no undertaking implied or offered that the Organisers can secure a specific attendance figure, and makes no representations or warranties with respect to the demographic nature and/or age groups or volumes, be they paying public, exhibitors, trade, press or any other.
25. ROOMS/STANDS SUBJECT TO CHANGE
At the absolute discretion of the Organisers an Exhibitors‘reservation’ position may be changed if for exceptional reasons it is in the best interests of the show. This could mean its position and/ or size or configuration. Exceptions can include a reservation that for whatever reasons may have become unoccupied during the show, or for reasons beyond our control the venue and/or health and safety concerns demand changes. In all cases every attempt will be made not to disadvantage the Exhibitor and whatever the deadlines the Exhibitor would be advised personally i.e. by phone. The Organiser would do everything in their powers to amend any reservation references for the benefit of visitors, but cannot be held accountable if he can’t. Should the reason be financial then on the basis of funds already received against that reservation the organiser is at liberty only to request payment of the difference.
26. FREIGHT, SHIPPING AND DRAYAGE
Build up and Break down arrangements provisions will be covered in the Organisers ‘Exhibitors Manual’ All Freight, Shipping and Drayage instructions will be posted on our website and also in the separate and specific Show Manual. The Primary Exhibitor will be responsible for freight, shipping and drayage charges. Static Display Exhibitors may choose to employ a professional service or bring in their materials themselves. At all times, exhibitors will take full responsibility for the actions of any employees hired to perform these services and will be held accountable for said employees resulting deficiencies. Large Packages, or freight, or crates may only be moved in and out of the venue during the designated set-up and breakdown times. Any other times can only be with the permission of the organisers. There will be specific entrances/exits set aside for this purpose. Only small hand held items can be brought into a venue via the normal public entrances, subject to the Security on duty. As with all venues special conditions will apply in relation to the safety of all concerned, so that all aisle-ways, door-ways, other exhibit space or exhibits and venue facilities are not obscured, interfered with or obstructed prior to, during or following the exhibition. No items are to be left on site after the final deadline for Break down, unless with specific arrangements with the organiser or venue. The Organiser nor the Venue will not be held responsible for any loss or damage if this condition is ignored.
27. BOOTH BUILDERS & CONTRACTORS
The Organisers contractors need to build any booths or undertake any contractual work relevant to the reservation prior to an exhibitor occupying their stand or room. Exhibitors are advised to acquaint themselves with these procedures if they apply to them, by contacting the Organisers. Equally the Organisers Contractors have to remove such items by specific times and again it is the Exhibitors responsibility to ensure they are aware of these times.
28. FOR EXHIBITORS WITH BOOTHS AND OPEN STANDS
The risks for exhibitors with highly exposed stock or possessions are obviously greater than those inside locked away in self contained space We can only suggest the following procedures.
- Complete removal of your stand stock and possessions to a safe place.
- Make an arrangement with another exhibitor who has self contained space, which can store your stock etc.
- Cover your stand with an eyeleted plastic tarpaulin and use locks to secure it.Accountability for such goods and items has to be entirely with the Exhibitors, the Venue, Contractors or Security Staff. Further: Exhibitors are expected to cooperate fully with all the Security procedures that may be in place either by the Organiser for the Venue, including the transporting of goods in and out of the areas concerned. This includes the responsibility of Exhibitors to have proof of the shows participation, including, but not limited to, name badges at all times. Any items left behind once the show has closed become the property of the Organisers and will be disposed of in any way they feel fit.
29.VIOLATIONS & BEHAVIOUR
If the Organisers close down a reservation due to violation of either this Exhibitors Contract or any subsequent documentation, the exhibitor will not receive a refund or damage compensation from the Organisers. Equally the Organisers reserve the right to close down an Exhibitors booth or room if in their opinion the activities of the Exhibitor causes offence to any other party, or is likely to bring the show and the Organisers into disrepute. This can include displaying any item or items deemed objectionable including but not limited to explicit sex, nudity, bloodshed or mutilation or any other similar materials found and not deemed suitable for public display by the Organisers. In such event such materials are discovered the Organisers officials will ask that such materials are removed from the said display. Should reoccurrences of previously deemed unacceptable materials be discovered, the Exhibitor will then be asked to close his reservation and expulsion from the show will occur. Under no cIrcumstances will any refund to the Exhibitor be given. The Organisers also reserves the right to refuse or remove any Visitor from the show whether known or unknown to an Exhibitor/s or should that party cause offence to any member of the Organisers staff, Hotel or a specific Exhibitor. This also applies to any Exhibitor who causes offence to the Organisers staff, Hotel or any visitor and also see ‘Superseding Contracts’ Offence will always be taken as when a situation becomes personal, irrational, offensive,prolonged, threatening or irreconcilable and whether or not the situation is in the public domain or in private or whether or not the issue prompting the offence manifested itself from a complaint from either party.
30.EXHIBITORS OUTDOORS
Any outdoor Exhibitor is also bound by the terms of this contract and any superseding contract that the Organiser may be subject to, and in particular concerning security, damage to property etc. Any tents, canopies or structures within these outdoor displays become the sole responsibility of the Exhibitor and that Exhibitor will comply with all existing regulations regarding such. No refunds or compensation will be made for inclement weather or other forces or circumstances that prevail and that may limit the Exhibitors exhibiting hours.
31. EXTERNAL CONTRACTORS AND LOCAL LAWS
Exhibitors may utilise external contractors for the utilisation of stand construction, freight, display, security, ancillary services etc. but subject to any superseding conditions applied to the Organisers from the venue which may at the very least ensure that any contractors retained by the Venue are included in any quotation process; all contractors and outside suppliers must be able to show compliance with all governmental, hotel/venue and convention rules, regulations and pertinent laws. The various contractors that the Organisers deploy i.e. electrical supply, booth or Shell Scheme construction etc. are chosen on a balance of price, quality and service. Although everything will be done to ensure all exhibitors are provided with good and prompt service on the day - the pressures of exhibition build up and breakdown are unpredictable and no responsibility can be accepted by the organisers for any loss or delays that may occur. The same also applies to the availability of the reservation on build up days with regards to access times earlier than that stated in the Show Manual The Exhibitor must in addition to the above comply with all laws, rules, regulations, industry standards and directions from Government standards and authorities that apply to the Exhibitor when working off site, use of the venue, use of the exhibit space or participation in the Exhibition, including all that contained in the Organisers various documentation. In the event of noncompliance that Exhibitors reservation may at the discretion of the organiser may be cancelled either before or during the exhibition. No liability on behalf of the Organiser will remain should this course of action be taken.
32. MUSIC PERFORMANCE AND AUTHORITIES
It is the Exhibitors responsibility to ensure that they comply with all relevant Music Licensing and Public Performance conditions and resulting fees. The Organisers will endeavour to indicate in its paperwork which organisations or authorities these are. Licences can affect all parties in the musical chain from songwriter to performer, and it is up the Exhibitor to decide if they need a license or not. Should any Exhibitor contravene such regulations that may be in place, and should such organisation visit the show in question and establish such contravention then that matter is entirely between the Exhibitor and the organisation how it is resolved, which in our experience means a retrospective fee is paid or the performance must desist. The Exhibitor agrees and acknowledges that it their responsibility for obtaining any consents, licenses, approvals, permits, authorities, or exemptions that the Exhibitor may require to operate off site and at an exhibition.
33. SECURITY AND RIGHTS
It’s paramount to the organisers that you respect the working restraints of the host venue. Venues can be very busy places with many other occupants in attendance and in some cases other events often taking place during the time of a show, all of which have to be respected and worked around. We try to use top quality Venues often centrally located and very popular and busy, that’s why we’ve chosen them. We have done all we can to achieve our requirements but inevitably not everything is perfect: It could only be so if we were the only occupants. Would all exhibitors take great care not to exceed or abuse our arrangements. Venues also have to their own special arrangements and provisions when accommodating our shows, which you the Exhibitor will be obliged to observe. Should the show in question be held in a Hotel one of the major considerations is how each space can be prepared for exhibit purposes, with particular regards to the preparation of rooms. This sometimes involves the removal of specific items of furniture or even furnishings. It is important that all Exhibitors understand that once agreed with the Hotel these are not at liberty to be changed unless it’s clearly stated in the Exhibitors Manual that certain additional items can be removed, and at what cost. Should this be the case, then that cost will be borne by the Exhibitor. Under no circumstances can any additional items be removed from a room or stand without the specific approval from the Hotel and if agreed, then payment must be made forthwith. Should this condition not be observed and a resolution not be found, then either that Exhibitor will be removed from the show or his room or stand will be closed to the public until it is. Special note should also be taken by the Exhibitor with regards to any damage to your reservation either before you occupy it - or as a result of your occupation, and if so this must be advised to the Venue and the Organiser immediately. Damage claimed by the Venue after the Exhibitor has left and that Exhibitor has not so advised those two parties about will not be contestable by the Exhibitor. This is also quantified in the Exhibitors Manual.
34. INSURANCE. RESPONSIBILITY FOR PROPERTY AND THE PERSON
Exhibitors participate in our Exhibitions entirely at their own risk, and this includes entering and exiting the venue and the use of the venues facilities. The organisers or the venue used for the show concerned or any other facilities do not undertake or provide any form of insurance for or on behalf of the shows Exhibitors. This includes ‘Public Liability/Workers Compensation Insurance’ and ‘All Risks/Personal and Property Liability or Loss’ insurance.Remember that the venue is not responsible for any injury caused by and as a result of your own occupation of your reservation and all exhibitors are requested to take out or extend their own insurance to cover both aspects of Insurance Cover as quantified above. The Exhibitor should ensure that such cover is in place from the time they leave their place of business until the time they return, as evidence of that cover will be required by the organisers.
In the absence of that, the Organiser would be at liberty to terminate the reservation, without obligation to refund any monies paid. The Exhibitor/s agrees to carry such insurances and to indemnify and hold harmless the Organisers, its affiliates, Directors, officers, agents, employees, or contractors are not responsible for the security and integrity of any exhibits, personnel, or general property at the venue and is thus protected against any claims, losses, suits, damages, judgements, expenses, costs and charges of every kind including Attorneys or Solicitors fees resulting from its occupation of the reservation as contracted for by reasons of personal injuries, death, theft or property damages. Certificates of Insurance shall be furnished by Exhibitor/s if requested by the Organisers. Failure by the organisers to request proof of insurance or failure to remind the Exhibitor shall not relieve Exhibitor/s from carrying proper coverage. As a general guide only and to allow for the different expressions of these insurances from country to country the insurance type which starts Public Liability means the protection of the person be they exhibitor, visitor or other and the latter which starts All Risks relates to the property of that person be they exhibitor, visitor or other. The actual security arrangements for each of our shows will vary from venue to venue. These are clarified in the Exhibitors Manual for the show concerned. That security may take the form of a deterrent nature ( a guard ) be that provided by the Venue or us, and that could be during the day or during the night, that security is also available should we require to remove someone from the show or prevent access, so this security has more to do reducing risks rather than removing them. Thus the importance that all Exhibitors observe above our conditions regarding insurance is vital. Whilst Venues are generally safe places and we ensure all necessary precautions are taken including where applicable the locking off of self-contained space or rooms as necessary, and also that CCTV sometimes exists,, risks remain of theft. Be that during the day or night, and that responsibility remains with the Exhibitor. In all cases and on the rare occasion that a theft occurs then the Venue must be advised first, then the Organisers. A report will thus be filed with the Venue and also the Police. Any claim for any losses must then be made via the Exhibitors insurers. No liability can be assigned to the Organisers. Should the Exhibitors insurers seek some form of redress via the Venues insurers on the basis of some form of negligence, that’s a process down to those parties alone. It’s also incumbent on the Exhibitor to check the security of their ‘reservation’ both before and during the show, and should anything be found wanting, then this should be advised to the Hotel before the show starts, and immediately it comes to light. Finding fault afterwards will not be accepted. In any event all Exhibitors will be required to sign a waiver that they have no such issues with their reservation before occupation. Exhibitors should secure Public Liability cover for $10 million. This should cover damage to all real or personal property at the venue and any personal injury or death caused by or connected to the Exhibitors participation in the Exhibition. All risks insurance cover should be on a full replacement basis of the Exhibitors exhibits and any other property brought to the venue by the Exhibitor, its officers, employees, contractors or agents.
35. ASSESSING RISKS
Organising and Exhibiting at shows creates risks, risks that to some extent can be new to all of us as we are dealing with large influxes of people plus contractors & staff at Venues, which we only see once a year, and very often with new Exhibitors and requirements. We are also in a ‘who can we blame culture’ where often people simply won’t take account of their own responsibilities. So this small but important piece is all about taking reasonable precautions to avoid anyone coming to any harm or perhaps their possessions. Here is an obvious but nevertheless essential list of points for you to consider: During your time at the show take careful account of any hazards, even if they don’t directly relate to you. Assess the hazard and determine who might be harmed and by what, remember if something can be a hazard it will be! In dealing with the hazard be sure that provisions are adequate and/or if more should be done. Make a note of what you have done and ensure any signage is in place or is put in place.
Always be prepared to review the situation, get advice and/or change what you’ve done.
36. RESTRICTIONS, PROVISIONS & GOOD NEIGHBOUR POLICY
We would ask for the cooperation of all Exhibitors who intend to have music demonstrations that these are conducted at ‘normal’ volumes, and only within self-contained and approved space. The parameters for this are not only the reaction of other occupants of the venue and show visitors but also more importantly your neighbouring exhibitors who shouldn’t have their own demonstrations disturbed because of the use of spectacular sound effects, music designed to shock or excessive sound levels. The maximum volume outside any closed door must not exceed 75 decibels, which will be enforced. Should the venue be a Hotel then the Organiser’s do endeavour to secure the accommodation for exhibitors in or around the areas we occupy with the show, this eases the restrictions placed on us by the Hotel with regards noise and traffic. There may however be variations from one section of the Hotel to another in which case you will be advised. For any Exhibitor exceeding the above levels, there will be one warning. If a second complaint is received and again the maximum volume is being exceeded then the organisers reserve the right to close down the exhibit and the Exhibitor shall not receive a refund, or any damage compensation from the Organisers. Static displays ( Booths/stands ) exhibiting outside self-contained and individual rooms are only permitted to make noises or music which are not at hindrance or annoyance to neighbours, visitors or any other person entitled to be there. Should a conflict arise, complaints need to be filed with the organiser whose decision and action will be final.
37. DISABILITIES
All exhibitors must comply with any Act in any country that the organiser organised shows relative to disabilities.
38. SIGNAGE
Each exhibitor will be provided with a corporate sign by the Organisers, which will include your company’s name. For Exhibitors who have confirmed they are sharing their Syndicate/Suite then then each Companies name will be included. Brands will not be included unless the companies name and brand are the same. Each Exhibitor can also display personal or corporate signage displaying directions or advertising a particular product/s within their exhibit space. Any such signage other than the specific signage put up by the Organiser will not/must not leave any indications of its presence once removed including holes, glue or damage to existing walls or structures be they temporary or fixed. Exhibitors will be liable for the repair of any such damage, should it occur. Exhibitors cannot fly post, distribute leaflets away from their allocated reservation or within the show generally without the express permission of the organisers. If your company has corporate point of sale material/displays which enhance your locality then they may be considered, however we must be advised in advance and the criteria will be whether they distract from our signing, obstruct any aisle way or corridor, cause a nuisance to other Exhibitors or create problems for the Venue or visitors. Should such signage be observed by the organisers that has not been advised or approved by them then the Organiser reserves the right to remove the said signage and dispose of it as it thinks fit. Any resulting damage will be billed to the Exhibitor.
39. REMEDIAL
What the Organiser sets out as the Exhibition is supplied on an ‘as is’ basis. Except where specific local trade descriptions apply. In the event of dispute and at the sole discretion of the organiser any remedy would be solely limited to: Supplying the reservation again. Or paying the cost of supplying the reservation again.
40. EXHIBITORS CONTRACT UPDATES
These terms and conditions may from time to time be updated. This a necessary requirement due to changes in the various laws and show experiences. Thus these terms and conditions that support your reservation are current at the time your reservation was made. The latest terms and conditions will always be available on our website, and this is the Contract that any Exhibitor will be held to in the event of any dispute.