Exhibitor Terms & Conditions
Clause 1.
- Definitions - In these Terms and Conditions the following terms have the following meanings.
- Adult Toy - means any article or item which in the opinion of the Organiser constitutes an Adult Toy including, by way of example only, items having a similarity to genital organs, items which are for use in or on genital organs and novelty or other items sold or offered for sale which have a sexual connotation.
- Exhibitor - means any person who has made application for and has been granted space in the Exhibition.
- Exhibition - means the event detailed in the Application For Space Form.
- Insurance - means the liability insurance arranged by the Organiser and compulsory for all Exhibitors.
- Licence - means the Licence granted by the Local Authority and the Terms and Conditions to which it is subject.
- Organiser - means the Organiser identified on the Application For Space Form or its assignees.
Clause 2.
Application For Stand Space
- Application for Stand Space at the Exhibition must be made on the Organisers Application For Space Form and any Application must contain product literature and photographs of items to be displayed. The cost of allocated space where the Exhibitor wishes to sell or display Adult Toys shall be at the rate prescribed by the Organisers from time to time.
- Until a completed Application For Space Form has been received and accepted by the Organiser, the Organiser has the right, without giving notice to the proposed Exhibitor to re-allocate the Stand Space to another proposed Exhibitor.
- The Organiser may at its total discretion, accept application for Stand Space in the following manner
- by letter
- by telephone
- by written purchase order
- by telex or facsimile or other electronic means of communication
- by acceptance of a deposit in lieu of a written application
- Acceptance of an application by any of the above methods shall be subject to these Terms and Conditions and the Licence.
- No Contract shall exist between the Organiser and an Exhibitor until the Organiser has accepted an application. Such acceptance takes place when the Organiser despatches an Invoice Confirmation Form to the Exhibitor. The Invoice shall include the cost of the Insurance.
- These Terms and Conditions shall prevail over any Terms and Conditions of the Exhibitor contained in the Exhibitors application for Stand Space unless specifically agreed in writing by the Organiser.
Clause 3
Allocation And Occupation Of Stand Space And Exhibits
- Every effort shall be made to allocate the Exhibitor the Stand Space which has been ordered. However to facilitate an effective layout of the Exhibition and if the Organiser believes it to be in the best interest of the Exhibition, the Organiser has the right to make a Stand Space re-allocation at any time, provided that the re-allocated Stand Space shall not be more than 10% greater or less than the Stand Space which has been booked.
- The Exhibitor must occupy the Space allocated to him by show opening time on the first day of the Exhibition. In the event that the Exhibitor fails to do so, he shall be deemed to have cancelled his Stand Space booking and the Organiser shall be entitled to re-sell or re-allocate such Stand Space and the provisions of Clause 6 relating to cancellation charges shall apply.
- The Exhibitor acknowledges that he shall not be entitled to use contractors other than the official Stand contractors appointed by the Organiser or (where the Organiser has provided a shell scheme) to erect his own stand, without the prior written consent of the Organiser.
- Full details of any shell scheme provided by the Organiser will be supplied in the Exhibition Information Pack. Plans for specially built stands or displays other than those constructed from any such shell scheme must be submitted by the Exhibitor to the Organiser for approval before construction is ordered.
- If in the opinion of the Organiser the Exhibitor's stand or display extends beyond his allocated space, the Organiser may at his sole discretion charge the Exhibitor for the extra space so occupied at the prevailing rate for allocated space and shall have the right to recover from the Exhibitor the value of any discounts given for the allocated space.
- The Exhibitor shall be entitled to exhibit only those matters detailed with or specified on the Space Application Form.
- The Exhibitor must not erect his exhibits in a manner which would in the opinion of the Organiser obstruct the light or impede the view along the open spaces or gangways of the Exhibitor or occasion inconvenience or to otherwise effect the display of any other Exhibitor.
- No acceptance by the Organiser of the Exhibitors Space Application Form or allocation of the Exhibitor’s name to any particular part of any Exhibition floor plan or stand number will constitute any agreement, warranty or representation by the Organiser that the Exhibitor is entitled to exhibit at the Exhibition in such particular location. The Organiser reserves the right without being required to give notice to the Exhibitor to alter the layout of any Exhibition floorplan or position of any stand at any time.
- The Organiser and any other person either authorised by the Organiser or having an interest in the premises shall without notice be entitled to access at all reasonable times before, during and after the Exhibition to the Exhibitor’s Stand and for this purpose the Organiser or any such person shall be entitled to use such force as may be necessary without incurring any liability whatsoever to the Exhibitor.
- The Organiser and any other person either authorised by the Organiser or having an interest in the premises shall without notice be entitled to access at all reasonable times before, during and after the Exhibition to the Exhibitor's Stand and for this purpose the Organiser or any such person shall be entitled to use such force as may be necessary without incurring any liability whatsoever to the Exhibitor.
- The Exhibitor shall not assign, sublet or share either the whole or any part of the Stand Space.
Clause 4
Video/Film/DVD
No Exhibitor may show, transmit or exhibit on any monitor, screen or similar method of viewing any material
(whether on video, DVD, film or otherwise) coming within the British Board of Film Censor Classification R18
except on allocated spaces in the area designated by the Organiser as the Video Village.
Clause 5
Payment
- All payments must be made in accordance with the terms and methods set out on the Application for Space Form or as notified to the Exhibitor in writing.
- Time shall be of the essence in relation to the payment of sums due and in the event the Exhibitor fails to meet any such payment obligations (whether as to the amounts or date of payment) then the Organiser reserves the right to cancel this contract with the Exhibitor and to resell or reallocate the Stand Space allocated to the Exhibitor and the provisions of Clause 6, below, relating to cancellation charges shall apply.
Clause 6
Cancellation Of Stand Space
- If the Exhibitor wishes at any time prior to the Exhibition to cancel or reduce the Stand Space allocated to him, then written notice of such wish stating the reasons for such cancellation or reduction must be given to the Organisers by Recorded Delivery Post. For the avoidance of doubt the Organiser shall not be obliged to accept the Exhibitors notice of cancellation reduction. The date of cancellation shall be of the date the Organiser notifies the Exhibitor that it accepts the Exhibitors notice.
- In the event that the Organiser accepts the Exhibitors notice of cancellation or reduction of his Stand Space, or in the event that the Organiser terminates the Contract with the Exhibitor for whatever other reason, the Organiser shall have the absolute discretion (but without prejudice to any other right or remedy available to the Organiser and without being under any Liability to refund or reduce any payments due under these Terms and Conditions) to re-allocate or re-sell the Stand Space allocated to the Exhibitor and to apply the following cancellation charges:
- Time of cancellation occurring prior to the commencement of the Exhibition
- Time Scale: Cancellation charge:
- More than 6 months: Deposit paid
- Over two months: 75% of contract price
- Within two months: 100% of contract price
- The Exhibitor hereby acknowledges that the above amounts represents reasonable compensation for the costs incurred by the Organiser as a result of the Exhibitor's cancellation and that they do not represent a penalty.
Clause 7
Reduction Of Space
In the event the Exhibitor notifies the Organiser in accordance with Clause 6 above that he wishes to reduce the size of his Stand Space, then the Organiser shall be entitled to re-sell or re-allocate such Stand Space and to apply the scale of cancellation charges set out in the table in Clause 6 above to the total cost according to the amount by which the original Stand Space allocated to the Exhibitor is reduced.
Clause 8
Licence
Where these Exhibition terms and conditions conflict with the terms of the Licence, the terms of the Licence shall prevail. A copy of the Licence is submitted with these conditions. The Exhibitor acknowledges that it has read the Licence and it will conform to the Terms and Conditions thereof.
Clause 9
Exhibitors Representative And Passes
- The Exhibitor must supply to the Organiser 28 days in advance of the Exhibition the names of all personnel representing the Exhibitor and all such personnel must be over 18 years. The Exhibitor must also supply the Organiser with the names of his representatives in connection with the installation, operation and removal of his exhibits. These representatives must also be over the age of 18 years.
- In order to ensure only official access to the Exhibition areas, the Exhibitor and his personnel and contractors will be issued with non-transferable passes. No admission to the Exhibition areas will be allowed unless this pass is presented. The Exhibitor will be required to provide the Organiser, at least 28 days before the first day of build up, a list detailing the personnel who will be present on the stand and the day(s) on which each person is likely to be in attendance.
Clause 10
Duration Of Exhibition
Details of Exhibition hours are given in the Organiser's Exhibition Pack. During these times Stands must be adequately manned by the Exhibitor's staff with the exhibits fully set up and not covered up. The Exhibitor must be ready and able to conduct business during the Exhibition hours.
Clause 11
Removal Of Exhibits
- No exhibits shall be packed, removed or dismantled prior to the closing of the Exhibition without written permission from the Organiser. If the Exhibitor acts in breach of this provision he shall pay to the Organiser, by way of compensation for the detraction to the Exhibition's appearance and in addition to all sums otherwise payable to the Organiser under these Terms and Conditions, a sum equal to one third of the total amount payable by the Exhibitor for his allocated Stand Space.
- The Organiser reserves the right in its absolute discretion to require the Exhibitor to remove any exhibits specified on the Application For Space Form or which is being exhibited at the Exhibition.
- The Exhibitor will be liable for all storage and handling charges resulting form his failure to remove all exhibits and display materials from his allocated Stand Space.
- The Exhibitor must surrender any occupied shell scheme in its original condition. The Exhibitor shall make good and indemnify the Organiser for any damage caused by the Exhibitor, his employees, agents or contractors to the Exhibition premises or to any shell scheme occupied by the Exhibitor.
Clause 12
Attendence
- The Exhibitor acknowledges that the Organiser shall not be held responsible for the failure of all or any other contracted Exhibitors that attend the Exhibition or the failure of any number of attendee that attend the Exhibition for any reason beyond the reasonable control of the Organiser.
- Any application for Stand Space or any acceptance thereof by the Organiser shall not be conditional on the presence or location of any other Exhibitor at the Exhibition or any other Exhibition.
Clause 13
Exclusion Of Personnel
The Organiser reserves the right in its absolute discretion to exclude any person under the age of 18 years and to remove from the Exhibition any person whose presence is or is likely to be undesirable and the Organiser may exercise such right notwithstanding that any such person is the employee, agent or contractor of the Exhibitor or otherwise in any way connected or associated with the Exhibitor.
Clause 14
Undesirable Activities
- If it appears to the Organiser that the Exhibitor may be engaged in activities which are deemed to be contrary to the best interest of the Exhibition or which appear to be unethical or to be in breach of the law the Organiser may, without being under any liability to refund or abate any charges paid or due herein, cancel any Stand Space allocation which may have been made to the Exhibitor and require him forthwith to vacate the Stand Space allocated to him and refuse the Exhibitor the right to participate further in the Exhibition.
- Canvassing for orders, except by the Exhibitor on his own Stand in the normal course of his business, is strictly prohibited and in any such case the right of expulsion referred to in Clause 14 (i) above will be exercised at once. The distribution or display by the Exhibitor of printed or other placards, handbills or circulars or other articles except by the Exhibitor on his own display space is prohibited, except by prior written agreement with the Organiser.
- It is a condition of the Exhibitor being entitled to participate in the Exhibition that whilst so it complies at all times with all laws and regulations relating to decency and obscenity including without limitation:
- Obscene Publications Act 1959
- Obscene Publications Act 1964
- Indecent Display (Control) Act 1981
- Video Recording Act 1984
- It is a further requirement that Exhibitors shall not offer to supply at any future date any material which would contravene any of the above legislation.
- The Exhibitor agrees that it will not bring on to the Exhibition premises / into the Exhibition Hall and in particular not onto any Stand hired to the Exhibitor under these Terms and Conditions any goods that contravene the provisions of the laws referred to in Clause 14 (iii) above. In the event of any breach of these Terms or the said laws, the Organiser shall be entitled to take the following actions:
- to immediately require the Exhibitor's Stand to be closed and for the Exhibitor to cease to take part any further in the Exhibition.
- to require the Exhibitor to remove all goods on its Stand from the Exhibition premises immediately it receives a request to take such action. If the Exhibitor fails to act immediately, the Organiser may remove the goods itself entirely at the risk and expense of the Exhibitor.
- the Organiser will call the Police to the Stand.
- the Organiser shall cancel bookings for any other Exhibitions that may have been made by the Exhibitor without refund of fees paid.
- in the event that the Stand is closed down by the Organiser under the terms of this clause, the Exhibitor shall not be entitled to any refund for any fees paid to the Organiser for the Exhibition and any monies still due and payable by the Exhibitor to the Organiser will become immediately due and payable whatever the payment terms otherwise applicable.
- The provisions of this Clause are additional to any provisions in these Terms and Conditions that the Organiser may invoke on breach of Contract by the Exhibitor.
- The Exhibitor shall indemnify on a full and unqualified indemnity basis the Organiser and the owner of the Hall / Exhibition premises on demand from and against any action, proceedings, claims or demands of any kind (actual or contingent) which may be brought or made against the Organiser and / or the owner of the premises in respect of any loss, damage, cost, charge or expense (including legal fees) which either of them have incurred or sustained or may directly or indirectly incur or sustain as a result of breach by the Exhibitor of any of the obligations in this agreement.
- The Exhibitor acknowledges that it is aware that no persons under the age of 18 years are to be admitted to the Exhibition and the Exhibitor undertakes that it will not issue any tickets or passes for the Exhibition to any person under the age of 18 years and in particular, will not employ any person under the age of 18 years on its Stand.
Clause 15
Miscellaneous
- Copyright
In the use of the stand the Exhibitor is not to infringe any copyright or allow any copyright to be infringed.
- Injury to persons and loss of goods.
The Organiser will not under any circumstances accept responsibility or liability in respect of any damage to or loss of any goods, articles or property of any kind brought into or left at the Exhibition or at the Stand either by the Exhibitor for his own purposes or by any other person or left or deposited with any employee or agent of the Organiser.
- Further exclusion of liability.
The Organiser will not be liable for any loss due to any breakdown of machinery, failure of supply of electricity, leakage of water, fire, Government restriction or act of God which may cause the Exhibition Hall or Stand to be temporarily closed or the hiring to be interpreted or cancelled.