CONTRACT TO EXHIBIT
CURLYTREATS EXHIBITOR TERMS AND CONDITIONS
In these Terms and Conditions the term “Exhibitor” means any person firm or company who has made application for and who has been granted Space in the Event. The term “Event” means CURLYTREATS. The term “Organisers” means NIA PHOENIX LTD or its lawful assigns. The term “Space” means an area in the Event applied for or allotted to the Exhibitor.
Nia Phoenix Ltd is a company registered in England and Wales. Our company registration number is 10244719 and our registered office is at 71-75 Shelton St, London WC2H 9JQ (“Organiser”). These terms and conditions set out the basis on which the Organiser have agreed to provide you (“Exhibitor”) with a Space at an Event.
THESE TERMS AND CONDITIONS shall be construed in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions. The Terms and Conditions shall be deemed to include all other Terms and Conditions or Rules and Regulations issued from time to time by the Organisers including the Exhibitor Manual. The Exhibitor also agrees that this contract is subject to the terms of the agreement between the Organisers and the venue owner under which the Organisers have licensed the premises of which the Space is part. Your Exhibitor booking constitutes your acceptance of these Terms and Conditions.
APPLICATIONS FOR SPACE
The Organisers reserve the right to accept or reject any application. Where an application has been made by a person acting as agent, factor or licensee, he shall disclose this to the Organisers.
100% payment is required by the Exhibitor to secure your Exhibition Space at the Event.
a) The Exhibition Space cost includes floor space and additional services based on the Exhibitor’s booking (as detailed in the Exhibitor Manual). Also included are exhibitor passes for staff, and a listing in the event guide (provided the Space is booked prior to the copy deadline).
b) The cost specifically excludes electricity supplies, furniture not stated, telephone, car parking and insurance, and any other additional services as may be required by individual Exhibitor.
c) The boundaries of the stand based on the booking and do not include any aisle space whatsoever. Displays must not be placed anywhere other than within the perimeter of the Exhibition Space. Canvassing of visitors is not permitted beyond the perimeter of each exhibitor's stand such as in the aisles or entrance hall.
DURATION OF EVENT
All Exhibitors must be set up by the advertised public opening time. All vendors must set up the stand in an attractive manner. Boxes etc. to be stored out of sight. No animals are allowed.
Details of Event hours are given in the Exhibitor Manual. During these times, stands must be manned by the Exhibitor’s staff.
Exhibitor may distribute advertising and printed material from its stand but must not distribute such material in the neighbourhood of entrances and exits, nor in such a manner as to cause annoyance to other exhibitors. Exhibitors must not block the front of a neighbouring stand with their displays nor arrange their stand in such manner as to cause the public to block the aisle in front of it, or any adjacent stand. In no event shall the Exhibitor use its stand to promote any other Event. Exhibitor shall conduct and operate its exhibits so as not to annoy, endanger or interfere with the rights of other exhibitors and visitors. Any practice resulting in complaints from any other exhibitor or any visitor which, in the opinion of the Organiser, interferes with the rights of others or exposes them to annoyance or danger, may in its absolute discretion be prohibited by the Organiser.
CLEANING OF STAND/SPACE
Exhibitor will accept full responsibility for keeping their stand free from rubbish and generally to a standard acceptable to the Organiser. Exhibitor must ensure that their stand space is left free from all rubbish and materials after the event.
For the avoidance of doubt any contract between the Organisers and the Exhibitor for space is only for the area of such space. No acceptance by the Organisers of the Exhibitor’s Contract or allocation of the Exhibitor’s name to any particular part of any Event floor plan or stand number will constitute any agreement, warranty or representation by the Organisers that the Exhibitor is entitled to exhibit at the Event in such particular location and the Organisers reserve the right without being required to give notice to the Exhibitor to alter the layout of the Event floor plan or position of any stand at any time.
Whilst the Organisers shall act in good faith, the name of any exhibitor which may appear on any floor plan or stand number or any statement made by or on behalf of the Organisers that any exhibitor is booked to attend the Event provisionally or otherwise shall not constitute any warranty representation or undertaking by the Organisers that any such Exhibitor will attend the Event or attend at any particular location. The Organiser shall not be liable for the absence of other Exhibitors from attending the Event.
SPACE NOT OCCUPIED
The Exhibitor must occupy the Space allotted to them by Event opening time. Any Exhibitor failing to do so will be deemed to have cancelled their Space booking. In this event the Terms and Conditions relating to Cancellation will apply and the Organisers may resell or reallocate such space.
PROMOTION AND REPRESENTATIONS
(i) Whilst the Organisers shall use their reasonable endeavours to organise and promote the Event in such manner as they consider appropriate the Organisers reserve the right to amend or vary the manner or methods of such organisation and promotion and therefore any statements made by or on behalf of the Organisers as to audience projections or methods or timing of promotion shall constitute only general indications of the Organisers’ promotion and organising strategy and shall not amount to any representation or warranty.
(ii) Any application for stand space or any acceptance thereof by the Organisers shall not be conditional on the presence or location or absence of any other exhibitor at or from the same or any other Event and any reference to such conditionality shall not apply to any contract for space between the Organisers and the Exhibitor for Exhibition Space.
LICENSOR AND LICENSEE
Payment for Space by the Exhibitor and the allotment of Space by the Organisers shall constitute a contract subject to these Terms and Conditions and the Rules and Regulations outlined within the Exhibitor Manual.
As regards any Space allotted the relationship of licensor and licensee shall exist between the Organisers and the Exhibitor.
The Exhibitor shall not be entitled to assign sublet or grant licences in respect of the whole or any part of the Space allocated, to persons who are not bona fide Exhibitors.
EXCLUSION OF PERSONNEL
The Organisers reserve the right in their absolute discretion to exclude or remove from the Event any person whose presence is or is likely to be undesirable and the Organisers may exercise such rights notwithstanding that any person, the employee or contractor of the Exhibitor or otherwise in any way connected or associated with the Exhibitor.
All materials used for building, decorating or covering stands must be of non-flammable material. Exhibitors must comply with all instructions given by the relevant parties to avoid the risk of fire or any other risk.
The following are excluded from the Event: explosives, detonating or fulminating compounds, and all dangerous or harmful substances, including primings, fireworks, etc. Primings, fireworks, matches and similar objects can only be exhibited in the form of imitations, and on condition that they contain no inflammable matter.
SOUND AMPLIFICATION, PERFORMING RIGHTS AND COPYRIGHT
No playing of any hi-fi, or radio or sound from the display of any video or cinematograph film, in any format including digital formats, or other form of sound amplification shall be permitted by the Exhibitor. No use of a public address system is permitted at the event by the Exhibitor.
The Organiser reserves all photographic rights for the Event and will appoint official photographers who will undertake photography for any Event at a reasonable charge.
The Organiser reserves all video rights for the Event and will appoint official videographers who will undertake videography for any Event at a reasonable charge.
Facilities differ at each venue. Access and availability for the most convenient car parks will be made known nearer the time of the Event and contained in the Exhibitor Manual.
For details on where and when to make deliveries, details will be made known nearer the time of the Event and contained in the Exhibitor Manual.
An Exhibitors’ Manual is provided to each Exhibitor which contains detailed information on contractors, scheduled arrival and departure times, and all other operational information related to the Event. The Exhibitor shall be responsible for reading and complying with any exhibitor manual and the Organiser shall not be responsible for any failure by the Exhibitor to do. It is the responsibility of the Exhibitor to make their own arrangements for the provision of the additional services detailed in the manual, if required.
No representation by the Organiser regarding the anticipated levels of the number of attendees, demographics of attendees and other Exhibitors at the Event shall form part of the Contract. The Exhibitor acknowledges that the Organiser shall not be held responsible for the failure of all or any other contracted Exhibitors to attend the Event. The Organiser does not make any warranty as to the Event in general such as minimum volume of business arising from the Event, and in particular in relation to the presence or absence or location of any other Exhibitor or potential Exhibitor. The Event has sold out every year, whilst every effort is made to promote the event and ensure it is a success for all concerned, no guarantees or warranties are given.
POSTPONEMENT OR ABANDONMENT
The Organiser may postpone the Event at any time if necessary. The Exhibitor shall not have any claim against the Organisers in respect of any loss or damage whatsoever (including for the avoidance of doubt any refund of payments made) consequent upon the Event failing (for whatsoever reason) to be held or the Venue being or becoming wholly or partially unavailable for the holding of the Event for whatsoever reason. If by re-arrangement or postponement of Event or by substitution of an alternative venue for the Event or by means of any other reasonable matter or thing the Event can be held, the contracts for your Exhibition Space/Exhibitor shall be binding upon all parties save that the same shall be deemed to be varied so as to allow for any necessary changes in venue, dates or period of the Event, stand size, location or otherwise.
The Exhibitor and any stand sharers shall fully indemnify and keep indemnified the Organisers its employees, contractors and agents (each an indemnified party) against all costs claims demands proceedings and losses whatsoever made against or incurred by an indemnified party as a result of the Exhibitor, a stand sharer or its employees or agents exhibiting displaying advertising promoting selling or supplying any goods or services at the Event, including without limitation any claim in respect of damage, injury, accident or loss arising to any person (including members of the public or an indemnified party) or property as a result of any act or omission of the Exhibitor or a stand sharer or any of their employees, agents, contractors or invitees.
Exhibitors and any stand sharers shall ensure that they take out and maintain the following insurance cover to the levels indicated below throughout the term of this Contract in order to cover losses, costs and/or expenses you may incur arising out of or in connection with this Contract:
Exhibitor Expenses Insurance: £20,000;
Exhibitor Property Insurance: £20,000; and
Exhibitor Liability Insurance: £2,000,000 any one occurrence.
Exhibitor Expenses Insurance - insurance that would cover loss of irrecoverable expenses sustained as a result of cancellation, abandonment, curtailment, postponement or removal to alternative premises; inability to open or keep open your Exhibition Space and/or stand at the Venue, in transit to the Venue or damage to the Venue itself; late or non-arrival of the Exhibits or of your employees, agents, contractors; failure to vacate the Venue within the contracted time; reasonable additional costs and expenses incurred in avoiding or diminishing a loss; for reasons beyond our control;
Exhibitor Liability Insurance - insurance must include cover legal liability to pay compensation, legal costs and expenses as a result of accidental death or injury to a third party and/or damage to their property at the Venue. Such insurance shall cover any losses covered by the indemnity (see the previous section), to the fullest extent reasonably possible.
Exhibitor Property Insurance - insurance that would cover physical loss of or damage to property for which you are responsible, including exhibits, stands, displays, equipment, furnishings, stationery, promotional literature, being brought to the Venue for the purposes of the Exhibition.
If the Organisers so demand the Exhibitor shall provide proof to the Organisers that the Exhibitor has adequate insurance cover.
For the avoidance of doubt, the Organiser will not be responsible for the safety of any exhibit or property of any Exhibitor, or any other person, for the loss or damage of, or destruction to same, by theft, or fire, or any other cause whatsoever, or for any loss or damage whatsoever sustained by Exhibitor by reason of any defect in the building caused by fire, storm, tempest, lightning, national emergency, war, labour disputes, strikes or lock outs, civil disturbances, explosion, inevitable accident, force majeure, or any other cause not within the control of Organiser whether ejusdem generis or not, for any loss or damage occasioned, if by reason of the happenings of any such event, the opening of the Event is prevented or postponed, or delayed or abandoned, or the building becomes wholly or partially unavailable for the holding of the Event, the Exhibitor agrees that the Organiser will not be liable. The Organiser shall not be liable in the event of any errors or omissions in any official Event Guide or in any promotional activities.
BANKRUPTCY OR LIQUIDATION
In the event of the Exhibitor becoming bankrupt committing any act of bankruptcy going into liquidation or having a Receiver or Administrator appointed in respect of any of its assets then the Organisers reserve the right to terminate the contract with the Exhibitor forthwith and the Terms and Conditions relating to Cancellation shall apply.
CANCELLATION BY ORGANISER / FORCE MAJEUREFORCE MAJEURE
If at the absolute discretion of the Organiser, the Venue shall become unfit or unavailable for occupancy or it becomes impossible or impractical to hold the Event for reasons beyond the control of the Organiser including (without limitation) fire, flood, storm, government intervention, malicious damage, acts or threats of war or terrorism, acts of God, strikes, riots or any other cause the Organiser reserves the right (but shall not be obliged):
(a) to change the location and/or date of the Event;
(b) to curtail the Exhibition;
(c) to reduce the Installation Period, Open Period or Dismantling Period; or
(d) to cancel in full the Event
In the circumstances specified in paragraphs a, b and c of this section the parties agree and acknowledge that the Organiser shall not have any liability to the Exhibitor for refunds. In the event of the Event being cancelled in full, in full in accordance with paragraph d of this section, all charges paid by the Exhibitor to the Organiser will be refunded in full refund within 90 days. For the avoidance of doubt, the Organiser will not be responsible for any other costs e.g travel. The Exhibitor agrees and acknowledges that he will have no further claim whatsoever against the Organiser in respect of such cancellation.
LIMITATION OF ORGANISER’S LIABILITY
a) The Organiser and the Venue Owner shall not be responsible for death or personal injury to the Exhibitor or employees, agents, contractors or other invitees of the Exhibitor save as a result of the Organiser or the Venue Owner’s negligence. Nothing in this Contract shall exclude or limit liability for death or personal injury resulting from the negligence of the Exhibitor, the Organiser or the Venue Owner or their volunteers, contractors, agents or employees.
b) The Organiser and the Venue Owner shall not in any event be liable for any:
1) indirect or consequential losses, damage, costs or expenses;(
2) loss of profit;
3) loss of revenue; or
4) loss of goodwill.
c) Except as set out in this Contract, the Organiser excludes all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to services provided in respect of the Event, whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose.
d) Each provision of this section excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of this Contract.
DATA PROTECTION - PRIVACY
By completing the Booking form, the Exhibitor is consenting, under all relevant data protection legislation, to the Organiser communicating with Exhibitors by telephone, fax, email and by post and using its personal information for the following purposes, namely: for the Organiser’s internal purposes which will include accounts processing, internal analysis of Exhibitors, inviting Exhibitors to other events organised by the Organiser or its group, disclosure of information to contractors who provide services in respect of the Event (including but not limited to shell scheme, security, registration, cleaning and freight contractors, caterers and electricians), disclosure to direct mailing contractors and disclosure or transfer of Exhibitor’s personal data to members of the Organiser’s group worldwide to allow the group to further develop its business and its services to Exhibitors. The Organiser may also pass Exhibitor details to third parties who provide goods and services likely to be of interest to Exhibitors. Please contact the Organiser in writing if you do not wish your personal information to be used in any of the ways mentioned above.
RELATIONSHIP OF THE PARTIES
Nothing in this Contract shall create, or be deemed to create, a partnership or joint venture or relationship of employer and employee or principal and agent between the parties, Exhibitor and Organiser.
If at any time one or more provisions contained in the Agreement is or becomes invalid, illegal or unenforceable in any respect this shall not affect the validity, legality or enforceability of the remaining provisions which shall remain in full force and effect.
Without prejudice to any other rights, the Organiser may terminate the Contract by notice in written format, including but not limited to:
a) if the whole or any part of the amounts due from the Exhibitor to the Organiser are not paid by the Due Dates (whether formally demanded or not);
b) if the Exhibitor fails to observe and fulfil any of the terms of the Contract;
c) compound or make arrangements with Your creditors or become insolvent or if any order is made or resolution passed for Your liquidation, winding up or dissolution or if a receiver or manager or administrative receiver or administrator is appointed over the whole or a substantial part of Your assets or of anything analogous to or having substantially similar effect of any such Events shall occur under the laws of any applicable jurisdiction.
d) following completion of an Event and/or termination of any agreement between the Organiser and You to which these Terms apply, rights
granted by the Organiser under these Terms shall immediately terminate and revert to the Organiser, after which You cannot use or exploit (directly or
indirectly) Your previous connection with the Organiser or any Event or as otherwise provided for by these Terms.
Upon termination the Exhibitor shall remain liable to pay the Organiser the amounts due from it under the Contract prior to such termination.
The failure of the Organisers at any time to enforce any provision of these Terms and Conditions or the Rules and Regulations shall not affect their right thereafter to require complete performance by the Exhibitor nor shall the waiver of any breach of any such provision be taken as or held to be a waiver of any subsequent breach or be a waiver of the provision itself.
The validity construction and performance of the Agreement shall be governed by English Law and shall be subject to the non-exclusive jurisdiction of the English Courts.