Vendor Terms and Conditions
Last updated and effective as of Monday, 20 February 2023.
Welcome to the Terms and Conditions of Vending. It is important that you carefully review the following information as it governs our agreement with you regarding the Event. We highly value your participation, and it is crucial to us that you understand the terms and conditions that apply to this agreement. Please take the time to read and comprehend all the contents before proceeding with booking to vendor at the Event.
Definitions and Interpretation
In these Terms and Conditions, the following expressions shall, unless the context otherwise requires, have the following meanings:
• 'Agreement', 'Contract' - these terms and conditions, the Booking between the Vendor and the Organisers for the hire of Space and facilities at the Event.
• 'Authorities' - the relevant local authority, the Fire Authority, the environmental health office and the Health & Safety Executive and any other public authority claiming jurisdiction over the Event and/or Venue;
• ‘Breakdown’ means the period during which the Organisers, and Vendor, are deconstructing Stands and removing Exhibits following Event Closing.
• ‘Booking', 'Order', "Booking Order' - any person, organisation or company who has made an application to Vendor. The Organisers reserves the right to accept or reject any Booking.
• ‘Build-Up’ - the period during which the Organisers and Vendor build Stands and position Exhibits prior to the Event Opening.
• ‘Build Up & Breakdown Schedule’ means the detailed schedule for movement of Exhibits, and other property during Build Up and Breakdown of the Event.
• 'Event' – the particular marketplace, show or event where you wish to book a space and specified in your Booking.
• ‘Event Closing’ - the date and time when the Event finally closes to Visitors.
• ‘Event Opening’ - the date and time when the Event first opens to Visitors.
• ‘Exhibits’ - any products or services which are displayed, exhibited, for sale or promoted within the Vendor Space
• 'Festival-goers', "Attendees' or 'Visitors' - people who are inside the Event.
• 'Marketplace' - the particular marketplace, show or event where you apply to book a space and specified in your Booking;
• 'Organisers’, ‘We’, ‘Our’, ‘Ours’, and ‘Us’ - refers to the Event Organisers, their partners and others appointed by us to organise the Event together with our suppliers.
• 'Parties’ - refers the Event Organisers and the Vendor.
• ‘Rent’ - the sum Vendor agree to pay the Organiser in return for the allocation and provision of Space and (where agreed) a Stand at the Event.
• ‘Shell Stand’ - a Stand of a standard configuration which are provided by the Organiser and which normally consists of a back and side walls, and a standard fascia panel showing the Stand number and trading name of Vendors.
• ‘Stand’, 'Vendor Stand' - a structure erected by the Organiser (in the case of a Shell Space).
• 'Vendor Space’ and ‘Space’ - any individual, business, company or other legal entity which enters into a legally binding agreement with the Organiser to hire Space at the Event.
• 'Vendor', ‘Licensee’, 'You' and 'Yours' - any person, organisation or company who has made an application for and who has been granted space in the Marketplace.
• ‘Vendor Liability Insurance’ or ‘Liability Insurance’ - insurance that would 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;
• ‘Vendor Manual’ - a collection of practical guidance notes and information that the Organiser shall issue to Vendors once Space has been allocated.
• ‘Venue’ - the facilities or location where the Event will take place.
• 'Visitors’, ‘Attendees’ and ‘Guests’ - applies to ticket holders attending the Event.
Booking a Vendor Space
To book a Vendor space at the Event, please complete the Vendor registration form and make 100% payment. All Vendor Spaces available are sold on a first-come-first-served basis in line with the ethos of the Event. Once we accept your booking and any payment, a legally binding contract will be in effect between you and us. The agreement will include the terms and conditions specified here, and nothing else will be enforceable. The terms and conditions will dictate the rules and restrictions for the Vendor , including what the Vendor can and cannot do.
Booking Confirmation or Rejection
The Event Organisers have the right to accept or decline any booking. If someone is making a booking on behalf of someone else, they must let the Organisers know.
All Vendor Spaces available are sold on a first-come-first-served basis in line with the ethos of the Event.
Vendor Agreement
As a Vendor, you agree to follow the terms and conditions set by the Organisers. The Organisers have the final say in creating any necessary rules or regulations before, during, and after the Event.
Vendor Space
Licensee: When you book a Vendor Space, you will occupy it as our licensee. However, you won't have any rights to exclusive possession or ownership of the Space. You can't share, sublet or part with the occupation of any part of the Space.
Layout changes: We have the right to make changes to the layout of the Floor plan, for example, to accommodate additional features or events or to comply with the requirements or regulations of the Venue or Authorities.
Large displays: If you want to construct a display over 2.4 meters, you need to submit a plan for approval.
Tidy: You are responsible for keeping your Vendor Space clean and tidy at all times. Please deposit your rubbish in a designated area so that the cleaners can remove it at the end of the day.
Boundaries: The boundaries of your Vendor Space are determined by your Booking and does not include any aisle space. Please don't place your displays outside of the booked Vendor Space.
Activities: If you plan to organise activities at your Vendor Space that may pose a risk to participants or other festival-goers, we will require you to enter into a separate indemnity and obtain waivers from participants.
Communication
We value consistent communication, to maintain clear and efficient communication, we have established the following:
- Primary Communication: You agree that our primary form of communication with you will be through email. We will send all important information and updates related to the Event via email.
- Language: You agree to receive all our communications in English and in electronic form. This means that we will not send any communication in paper format and all our emails will be written in UK English.
- Confidentiality: All information contained in our emails is confidential and intended solely for the addressee. If you receive any emails that are not intended for you, please do not read, copy, or share the contents of the email.
- Contact Information: As a Vendor you can contact us directly at [email protected]. Please use this email address for all communication related to the Event.
Use of Name and Logo in Advertising
As part of this agreement, you are giving the Organisers the permission to use your business/brand name and logo in our marketing materials. This usage includes, but is not limited to, our website, social media, and printed materials. The purpose of displaying your branding is to demonstrate that you are or have taken part in the Event.
Missed Deadline(s)
The Vendor is responsible for meeting each Event deadline, and the Organisers are not responsible for the Vendor missing any deadlines concerning taking part at the Event.
The Organisers can not make special accommodations for Vendors who miss any deadlines. This includes but are not limited to deadlines for:
• completing payment before the Event
• vendor space allocation confirmation
• social media promotion information
• information for promotion on the event web page
• information for event guide inclusion
Vendor Conduct
Signage and Materials
- Vendors are prohibited from posting, nailing, screwing, attaching, or placing any signage or materials on any part of the Venue, including the immediate external area outside the Venue.
Setup and Opening Hours
- All Vendors must complete their setup at least 60 minutes before the public opening time, and the Event will open during the advertised hours.
Dismantling
- Vendors must not dismantle, pack up, or abandon their Vendor Space before the advertised public closing time, even if they sell out of products early. Failure to comply may result in exclusion from future events.
- Vendors must occupy their allocated space during the entire Event. Failure to do so will be considered as withdrawal, and the terms and conditions for withdrawal will apply. The Organiser may use, resell, or reallocate the space.
Pack Down:
The Vendor is required to pack up their exhibits by the specified date and time. If they fail to do so, they may be held responsible for all costs related to storing and handling the exhibits, as well as any additional site rental costs imposed by the Venue or Suppliers. The Vendor must also ensure that their space is clean and free of any waste or materials after the event.
Sales and Display
- Soliciting orders and displaying printed materials outside the Vendor Space is strictly prohibited. Vendors must only sell within their designated space.
- Vendors must not block neighbouring stands with their displays or arrange their Stand in a way that obstructs the aisle in front of their Stand or any adjacent stand.
Conduct of Vendor Staff
- The Vendor must operate at the Event without annoying, endangering, or interfering with the rights of other Vendors and visitors.
- Vendors must only use their space for products and services agreed upon by the Organisers and must not use it to promote external events.
- The Organisers may prohibit any practices resulting in complaints from other exhibitors or visitors that, in the Organisers' opinion, interferes with others' rights or exposes them to annoyance or danger.
Health and Safety
We want to ensure the safety of everyone at the Event, including our Vendors. Here are some important points that must be adhered to:
Equipment: Equipment brought to the event by Vendors or the Vendor's suppliers must be safe and suitable for use, including electrical equipment, which requires safety checks through visual inspections and portable appliance testing. Overloading sockets is prohibited, and Vendors must consider other Vendors sharing the temporary electricity supply. The Event Organisers reserve the right to prevent the use of any equipment deemed unsafe. Vendors planning to use electrical equipment or appliances must have a current Portable Appliance Test (PAT) certificate, and all materials, fittings, or stands used at the event must resist fire according to relevant laws. The Event Organisers may ask Vendors to remove anything uncertified or unsuitable.
Mechanical equipment: We also expect that all mechanical equipment, such as displays, stands, lighting rigs, tables, and chairs, brought on-site by Vendors is safe and suitable for use. Vendors are responsible for ensuring their equipment is safe through their own checks, such as visual inspections and testing, and taking health and safety precautions when necessary. We reserve the right to prevent the use of any equipment deemed unsafe.
Food hygiene and safety: Vendors are not permitted to serve food and drink at Vendor stands without approval from us.
General health & safety: We take precautions to protect the health and safety of everyone at the Event. We conduct site-specific risk assessments before the Event and ensure that fire precautions, welfare facilities, and the general environment are acceptable. We consider common hazards such as slips, trips, falls, manual handling of heavy items, sharp objects, crushing/trapped fingers, scalds, burns, and electric shock. We expect Vendors to take reasonable precautions against these hazards, such as using equipment carefully and maintaining a tidy display area.
Security at the Event
The Event Organisers takes precautions to ensure that people and belongings are safe and secure at the Event by only allowing named visitors, vendors and staff into the Event areas.
Please be aware that Vendors are responsible for the safety and security of their belongings, and the Event Organisers and Venue won't be responsible for any loss or damage.
Sending and Receiving Goods
To ensure successful delivery of good, when using a courier or bringing items yourself, make sure to label each box with the Event name, your name as the Vendor, the name of the person collecting the item, and the name of the on-site event planner. If the information is insufficient, the Venue's operations team may refuse the delivery. Also, the Event Organisers and Venue won't be liable for any damage to the items you bring.
After the Event, if you have arranged for a courier to return your good, attach all necessary documents to the item before the courier collects it. Otherwise, the courier company may refuse to collect it, and you'll have to re-arrange collection at your own expense again.
Please be aware that unattended boxes or unlabelled items may be destroyed, and the Event Organisers or Venue will not be responsible for any damages.
Parking Cost at Event Venue
If you plan to park your car at the Event Venue, you will need to pay a fee that is determined by the Venue and depends on the current rate. This parking fee is not included in the price for booking a Vendor Space and is separate from it.
Photography and Recording
The official photographers and videographers hired by the Event Organisers will take photographs and record and stream videos at the Event.
The Vendor consents to such photography and filming without compensation and confirms that the Organisers shall be entitled to use such photos and videos, which may include photographs and videos, for marketing the Event in the future, for exploitation in any media, without liability or payment.
The Vendor at the Event cannot take photographs or film videos or make any form of recording on any media for selling or commercial purposes at the Event under any circumstances without the prior written permission of the organisers.
The Organisers permit Vendors to film and share video and photo content at the Event tagging and mentioning the Event on social media.
If the Vendor publishes content from the Event elsewhere, including websites and presentations, credit to the Event must be included.
Withdrawal of Vendor
You can choose to not participate in the Event at any time by letting the Organisers know in writing through email. However, if you decide to leave, a cancellation fee will be applied. The fee charged will vary based on the timing of your cancellation:
- If you cancel more than 6 months prior to the first day of the exhibition, 50% of the total cost will be retained.
- If you cancel within 6 months of the first day of the event, the entire fee will be retained.
If you decide to withdraw, we may resell or reallocate your Space. However, if we do, we are not obliged to reimburse or reduce any payment you have made.
For the purposes of this section, withdrawal shall be deemed to be effective on the date upon which we receive your withdrawal notice in email.
Failure of Vendor and Other Vendors
If a Vendor fails to turn up at their allocated Vendor Space for an event, the Organisers have the right to use that Space for their own purposes without needing the Vendor's permission or owing them anything. The Vendor won't be eligible for a refund.
Regarding other Vendors, the Organisers are not liable if they are late or do not attend the Event. This agreement only applies to the business that has booked the Vendor space for the Event.
Cancellations, Changing Dates, and Venue
The Event Organisers can cancel, postpone, or move the Event to a different date or location. But, the Event Organisers will let you know as soon as possible if they do.
The Event Organisers can cancel your bookings if it might harm their reputation or the Event's reputation.
If the Event is cancelled, you'll get a refund of the amount you paid for your booking only.
If the Event is postponed or moved to a different location, the Organisers will give you the new date and location. But, this doesn't give you the right to cancel your reservation.
You agree that the Organisers are not responsible in any way (whether it's their fault or not) for any problems that arise from the cancellation, postponement, or change of location of the Event.
Event Attendance and Vendor Expectations
The Vendor acknowledges that the Organisers shall not be held responsible for the failure of any other contracted Vendors to attend the Event.
No representation by the Organisers regarding the anticipated levels of the number of attendees, demographics of attendees and other Vendors at the Event shall form part of this agreement.
The Organisers does not make any warranty as to the Event in general, such as the minimum volume of business arising from the Event, particularly about the presence or absence or location of any other Vendor or potential Vendor.
While every effort is made to promote the Event and ensure it is a success for all concerned, no guarantees or warranties are given.
Exclusivity
The Organisers does not grant exclusive exhibition, display, or sales rights to any vendor for any specific product or service.
Insurance
You must have and maintain Public Liability Insurance for the entire duration. This insurance should cover any losses, costs, or expenses that you may incur related to this agreement. To ensure you are adequately covered, the insurance should have a value of no less than £5,000,000 for any occurrence.
Intellectual Property
The Event and its Organisers have the ownership of all the intellectual property rights of the Event. You are not allowed to use any professional photos, videos, sound recordings, or other media without obtaining permission from them. If you use these materials without permission, it would infringe on their intellectual property rights, which is not permitted.
Third-Party Rights
Only the businesses that have signed with Vendor can use and enforce the terms outlined in this agreement. No other business is entitled to do so.
Bankruptcy
If you, the Vendor, go bankrupt, the Organisers can cancel the contract between us, and the cancellation terms will apply.
Limitation of Liability
The Organisers cannot be held responsible for any losses or compensation claims made by the Vendor due to the Event or the terms and conditions of this agreement. This includes any loss of profit, loss of business, or harm to the Vendor's reputation, whether the damages are direct, indirect, or consequential.
If the Event is cancelled and not rescheduled, the Organisers' liability to the Vendor will be limited to the amount that the Vendor paid to the Organisers.
The Organisers are not in breach of this agreement and is not liable for any delays or failures in meeting obligations if there are circumstances beyond their reasonable control, such as accidents, events, omissions, or acts.
The Organisers are not responsible for any third party involved in the Event, including venues, sponsors, vendors, talent, and speakers. However, the Organisers can still be held liable for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
The Organisers are not liable for any errors in the literature associated with the Event.
Severability
If any provision of this agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the extent permitted by law. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The invalidity of any provision shall not affect the validity of the remainder of this agreement.
Indemnity
The Vendor has to make sure that the Organisers are not responsible for any expenses, claims, demands, legal actions, or losses that might happen because of the Vendor's goods or services being sold or promoted at the Event, or because of the Vendor's Stand.
Force Majeure
In case something unexpected happens that is outside of our control, such as a natural disaster, a government order, a communicable disease outbreak, or a communication line failure, we cannot be held responsible if it causes a delay or prevents us from doing what we promised to do. This is called a "Force Majeure Event." If this happens, we will try our best to reschedule and fulfill our obligations, as long as we have taken reasonable steps to prevent or lessen the impact of the Event.
Status of Parties
This agreement does not establish a partnership, joint venture, or any type of employer-employee or principal-agent relationship between the Parties.
Changes to Agreement
We can only change the terms of this agreement if both Parties agree in writing and sign it.
Entire Agreement
This agreement represents the entire understanding between the Parties and supersedes all prior negotiations, understandings and agreements between the parties, whether written or oral. No modification or amendment of this agreement shall be effective unless in writing and signed by both Parties.
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. The failure of either party to enforce any right or provision in this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
Governing Law and Jurisdiction
This agreement and any disagreement or dispute related to it, including non-contractual issues, will be governed and interpreted according to the laws of England and Wales. The Parties agree that any disagreement or argument related to this agreement must be brought up in the courts of England and Wales, and only these courts will have the authority to solve the dispute. This means that if there is any legal action related to this agreement, it must be taken in the courts of England and Wales, and the laws of England and Wales will be used to understand and enforce this agreement.
