Terms and Conditions – IMPORTANT PLEASE NOTE
The following terms and conditions apply to all companies and/or persons and/or other entities that are exhibiting (“Exhibitor(s)” or “you”) at any event organised by Essex Baby Show (“us” or “we” or “Essex Baby Show” or “the Organiser”). By submitting the Booking Form and clicking on the button marked “I Accept” or by signing the Booking Form you agree to these terms and conditions. Please note that if you do not agree to the following terms and conditions, you will not be able to submit the Booking Form. In the case of any inconsistency between these terms and conditions and any content on our website, these terms and conditions shall prevail. You should print a copy of these terms and conditions for future reference.
Please ensure you have read and understand the following:
PAYMENT TERMS, INSURANCE AND CANCELLATION POLICY
• The Payment for your booking will be payable via BACS upon signing or submitting the Booking Form.
By signing/submitting the contract you confirm that you have been advised by Essex Baby Show to take out and maintain at all time, public liability and employer liability insurance against personal injury, death and damage to or loss of property for a limit of indemnity not less than £5 million. You accept that it is your responsibility to ensure that your own insurance is adequate and that any stand sharers have the same level of cover. Essex Baby Show will not be responsible should you fail to ensure that you and/or your stand sharers are adequately insured for public liability and employer liability insurance against personal injury, death and damage to or loss of property. Neither Essex Baby Show nor the venue will be held responsible for any loss of property or stock left in the building during the previous night or indeed on either day of the event or the night during. Adequate insurance cover is strongly recommended. Your current insurance policy may well be sufficient however please ensure you seek the advice of your insurance provider.
CANCELLATION OR REDUCTION OF SPACE
You may cancel or reduce the Stand Space at any time prior to the date of the relevant event by notice in writing to Essex Baby Show at email@example.com. The following cancellation fees will apply:
• 50% of the Total Cost of the stand if the written notice of cancellation is received by Essex Baby Show on or before July 1st 2016; and
• 100% of the Total Cost of the stand if the written notice of cancellation is received by Essex Baby Show after July 1st 2016.
Essex Baby Show will refund the amount paid by you up to that date for the relevant event less the applicable cancellation fee within 30 days of receipt of your notice of cancellation.
Notwithstanding the above, on receipt of your notice of cancellation, Essex Baby Show may charge you an administration fee of up to 10% of the total cost payable for the requested stand(s)/Stand Space.
You may cancel this agreement within 14 days of you signing or submitting the Booking Form by notice in writing to Essex Baby Show at firstname.lastname@example.org (provided that such notice arrives with Essex Baby Show no later than July 1st 2016) in which case no cancellation charge will be applied and a full refund of all monies received by Essex Baby Show up to that date will be provided.
Other than as provided in this section entitled “Cancellation or reduction of space” and clause 16a below, you shall not in any circumstances be entitled to any refund of the amount paid by you.
DATA PROTECTION LEGISLATION
Essex Baby Show will communicate with you using the contact details provided on the Booking Form for the purposes of the relevant event. Essex Baby Show shall be entitled to pass on all contact details to the event contractors and to third parties who provide goods and services that may be of interest to you. You should contact Essex Baby Show in writing email@example.com if you wish to opt out of having personal contact details used in any of the ways listed above.
FILM, IMAGING AND PHOTOGRAPHY
The organisers reserve the right to capture audio, video and photographic media of the event, its exhibitors and attendees and to use such media in promotions either for the event itself or for any other company promotions now or in the future. The company also reserves the right to edit and/or manipulate such media as the company sees fit.
All media captured is the sole property and copyright of the organisers.
If you do not wish to be included in such media or you do not wish for media containing images of you or your company logo and/or products to be used then you must notify the organisers in writing within 7 (seven) working days of the end of the event. If you do not notify the company within the allotted time then this will be deemed to be full acceptance of these terms..
By signing the contract / purchasing a ticket you agree to these terms.
RULES AND REGULATIONS
1. Acceptance of Contract
Once the Booking Form has been submitted or returned by the Exhibitor, the terms and conditions set out herein will be deemed to have been accepted by the Exhibitor.
2. Space Allocation
The Organiser reserves the right to revise the floor plan and to locate or relocate the Stand Space for an Exhibitor as may be required. If a stand relocation is necessary the Organiser will notify the Exhibitor in writing at any point prior to the date of the event. Floor plans made available to the Exhibitor are for information purposes only and do not guarantee that an Exhibitor will be located in the area shown on the floor plan or that a particular company will be located next to or near to an Exhibitor.
3. Stands not occupied
In the event of an Exhibitor not taking up his Stand Space at least 1 hour before the Exhibition opening time on the opening day of the event, the Exhibitor will be deemed to have cancelled his Stand Space and the Cancellation Fee (as set out above) will be payable and the Organiser shall be entitled to reallocate the Stand Space, as it considers appropriate.
4. Stand Sharers
If Exhibitors wish another company, person or entity to share their Stand Space this must be agreed in advance with the Organiser. The Exhibitor shall not assign, sublicense or underlet or divide any Stand Space without the prior written consent of the Organiser.
No exhibitor has ‘exclusivity’ over any other regarding the showcasing of a particular brand or product unless this has been agreed in writing in advance by the Organiser. The Organiser endeavours where possible to ensure similar companies are not positioned in close proximity to each other but this is not guaranteed and is dependent on the company information the Organiser has at the time of allocation.
The Organiser will not be held responsible for any inaccuracies or omissions within the floor plans as supplied or published.
5. Exhibitors Handbook
The Organiser will produce an Exhibitors Handbook providing technical and publicity details for the event. The Exhibitor accepts that he will be bound by any rules and regulations set out in the Exhibitors Handbook, and by the amendments and additions which may be made by the Organiser at any time. The Organiser takes no responsibility for any errors, inaccuracies or omissions within the ‘Handbook’.
6. Health and Safety Regulations and Health & Safety at Work Act
The Exhibitor must ensure that all of its employees, contractors, sub-contractors and agents comply with the regulations of the Health & Safety at Work Act 1974.
There will be event managers present onsite at the event who will ensure that a safe working environment is created from the start of the exhibit build-up through to the exhibit break-down and including the show opening period. The Exhibitor and its employees, contractors, subcontractors and agents must comply with all requests from the event manager/organisers and failure to do so will result in the Exhibitor and/or contractor being asked to leave the exhibit area. No equipment of a hazardous or dangerous nature is to be used or employed without the consent in writing of the Organiser, the venue and where appropriate the local authorities. The Organiser accepts no responsibility in the event of failure to give the necessary permission. Fireworks, matches, harmful substances, explosives, detonating equipment and primings must not be brought to the event. The Exhibitor must comply with the fire regulations of the local and exhibition authorities and with building regulations.
Exhibitors must ensure that exhibits and equipment keep within the stand boundaries and do not obstruct gangways. Exhibitors are not permitted to distribute literature beyond the boundaries of their stand space or in any other part of the venue. No exhibit of any kind, which in the view of the Organiser, will become a nuisance to other exhibitors or visitors will be permitted. Exhibitors must stop immediately at the request of the Organiser any act which in the opinion of the Organiser contravenes this condition and may be a nuisance to other exhibitors or visitors. Any failure to comply with any such requests by the Organiser shall entitle the Organiser to close the stand. The Exhibitor shall be liable to the Organiser for all expenses incurred and any loss resulting. The Exhibitor is also responsible for the removal of rubbish and waste materials on or around its stand, both pre-show and as break down commences.
8. Build-up, Exhibiting, Breakdown
Build-up, exhibiting and breakdown hours will be specified by the Organiser. Exhibit breakdown shall not begin before the close of the Exhibition and must be completed by the end of the Breakdown period. The Exhibitor shall be liable for all storage and handling charges for failure to remove exhibit material or property belonging to the Exhibitor by the end of the Breakdown period.
9. Damage to Venue and Exhibit Hall
The Exhibitor is liable for any damage caused by it, its employees, its contractors, sub-contractors and agents to the exhibit hall or other areas of the venue including outside areas, and all inside walls, flooring, fixtures and fittings.
10. Space Only Designs and Height Limitations
Exhibitors must submit designs for space only stands or those stands that they wish to build higher than 2.5 metres by 30 April 2016 for the Organiser’s approval and consent. All stands must comply with local authority and venue owner requirements and be without detriment to neighbouring exhibitors.
11. Exhibition Contractors
Exhibitors should ensure that only those contractors listed in the Exhibition Handbook may be used unless the Organiser’s prior written consent has been obtained.
12. Electrical / Telephone Installations
Only the electrical contractor appointed by the Organiser may fit or connect electrical installations. The Exhibitor shall contract directly with an electrical contractor. The Organiser does not accept any responsibility for failure of the electrical equipment, installation or supply. Items requiring an electricity supply may not be brought to the venue without the prior written consent of the Organiser. Neither the organisers nor the venue will be held responsible should there be a breakdown in wi-fi supply or mobile phone signal during the event. All electrical appliances must be PAT tested in advance.
13. Phonographic Performance and Performing Rights
Exhibitors that play music on stand are advised that the Organiser does not hold a licence for the performance of music and under the conditions of the 1988 Copyright Designs and Patents Act. Exhibitors must apply for licences from both Phonographic Performance Ltd and The Performing Rights Society or contact the venue directly.
14. Intellectual Property Rights
The Organiser may list exhibitors in printed material prepared and distributed prior to or at the event. The Organiser is not liable for errors or omissions contained in such information. Unless otherwise stated, the copyright for any such publications belongs to the Organiser and may not be reproduced in any medium without the written consent of the Organiser. The Organiser may wish to photograph exhibit stands or features and reserves the right to do so for the purposes of promoting future events. Exhibitors wishing to photograph stands or features may do so with the consent of the Organiser.
15. Force Majeure
If the Organiser decides for reasons beyond its control that an event needs to be cancelled, postponed or suspended, due in whole or part to the venue becoming unavailable, war, fire, national emergency, labour dispute, strike, lock-out, civil disturbance or any other matter beyond the control of the Organiser, the Organiser will not be held responsible for any direct, indirect or consequential loss incurred by the Exhibitor. All monies received or due from the Exhibitor and all other exhibitors will be applied by the Organiser in discharge of all expenses incurred by the Organiser in connection with the promotion and/or proposed holding of the event (to the extent that the Organiser is not reimbursed by an insurance against such risk) and any balance will be returned to the Exhibitor (pro-rata to the amount paid by each exhibitor) but the Organiser will have no other liability to the Exhibitor.
16a. Cancellation of Event
If the Organiser determines that there is insufficient support for an event, it has the right at all times to cancel or suspend the event without notice. In the event of such a cancellation the Exhibitor shall receive a full refund for the cost paid by the Exhibitor for the stand. Any liability of the Organiser shall be limited to such refund. The Organiser shall not be responsible for any losses (whether direct, indirect or consequential) incurred by an Exhibitor as a result of such cancellation.
16b. Amendment to venue, time and date of event
The Organiser reserves the right to change the venue, time and date of any event as it sees fit for any reason. The Organiser shall not be liable to provide you with a refund in the event of such a change, nor shall it be liable for any losses (whether direct, indirect or consequential) incurred by the Exhibitor as a result of such change.
17. Limitations of Liability and indemnity
Whilst every reasonable precaution is taken by the Organiser to ensure security and safety at the event, the Organiser shall not in any way be liable for any loss or damage sustained or occasioned from any cause whatsoever in relation to the event, save that nothing in this contract shall be deemed to limit the liability of any person for death or personal injury caused by negligence.
Notwithstanding the foregoing, any claim against the Organiser arising from an event or its conduct must be notified in writing to the Organiser within six calendar months from and including the last day of the relevant event and the Organiser shall not be liable to the Exhibitor: (a) for any purely economic loss for consequential or indirect losses or for any loss of profit or opportunity; (b) for any loss which the Organiser is unable to recover from any third party (in circumstances where it was the act omission negligence or default of that third party which gave rise to the claim against the Organiser) or from any insurer (where the claim is insured); and (c) for any loss exceeding a sum equal to the Total Cost (as set out in the Booking Form) paid by the Exhibitor.
The Exhibitor will indemnify the Organiser and hold the Organiser harmless, against and from any and all losses, damages, costs and expenses incurred by the Organiser resulting from (i) any claim made in respect of damage to persons and property caused by the Exhibitor, the Exhibitor’s stand, installation, furnishings exhibits or staff or contractors or subcontractors or agents, (ii) any breach of the terms and conditions of this contract by the Exhibitor, (iii) any claim for copyright infringement, for which the Organiser may be sued or held liable, (iv) for any acts of omissions of the Exhibitor or its staff or contractors or sub-contractors or agents in connection with the event during the period of occupation or otherwise. The Organiser similarly does not accept any responsibility for Exhibitor’s failure to arrange sufficient insurance cover.
18. The Venue
If required by the Organiser, the Exhibitor will comply with all reasonable requests of the Organiser to satisfy any requirement of the venue owner.
19. The Venue Rules
The Exhibitor agrees to be bound by any rules and regulations imposed by the venue owner when attending the Exhibition (including during ‘Build Up’ and ‘Break Down’.
20. Governing Law
The validity, construction and performance of the contract and these rules and regulations shall be governed by English Law and the Exhibitor hereby submits to the jurisdiction of the English Courts.