Sponsor & Exhibitor Terms & Conditions
Sponsors and exhibitors are advised to read the contents of these terms and conditions carefully before submitting a Booking Form.
In these Terms and Conditions the term ‘Exhibitor’ shall mean any company, partnership, firm, organisation or individual to whom stand space has been allocated for the purpose of exhibiting, advertising and sponsorship and shall include their employees, contractors, suppliers and agents. The term ‘Event’ shall mean any event run by “Pacific Edge Events Ltd” and in particular shall mean the event detailed on the Booking Form. The term ‘Organisers’ shall mean “Pacific Edge Events Ltd” and its directors. The term “Venue” shall mean any shall mean the Venue listed in the Booking Form and anywhere within the precincts of such location under the control of the Organisers for the purposes and duration of the Event. The term “Contract” shall mean the agreement which is formed by the acceptance of the booking in accordance with paragraph 5.
2 Venue. The Organisers retain the right to change the Venue without prior notification including if they deem it to be in the interests of the Event, or for reasons beyond their control.
3 Duration. The time and duration of the Event shall be at the discretion of the Organisers. In any event the Organisers shall notify the Exhibitor of the opening and closing times no later than 7 days prior to the date of the Event.
4 Stand Space and Price. Stand Space is provided at a price that will be assessed on receipt of your Booking Form, plus VAT at the current rate. Applications should be set out on the Booking Forms. The Organisers reserve the right to refuse any application for space without giving reasons. The Organisers reserve the right to decide the location of stand space for the best interest of the Event. The exhibitor is responsible for providing their own infrastructure for their stand space.
5 Booking Applications. Bookings must be made on the Booking Form and should be emailed to the Organisers. On completion and submission of the Booking Form and subsequent notification of acceptance by the Organisers a binding contract arises.
6 Payment. Payment in full (including VAT) must be made within 30 days of receipt of the Organiser’s VAT invoice by electronic payment only. Payment by cheque will not be accepted. Where 30 days from the date of the Organiser’s VAT invoice would equate to a date within four weeks of the date of the Exhibition payment for the full amount of the booking will be due on the date falling four weeks in advance of such Exhibition. In the event of an application not being accepted by the Organisers, any payments received will be returned to the Exhibitor.
7 Cancellation or Reduction of Stand Space. If an Exhibitor cancels or reduces their stand space after an application has been accepted by the Organisers, they must immediately inform the Organisers in writing and shall become liable for the following cancellation/reduction charges (this does not include the Organisers allocating the stand space free of any charge):
10% of the total value if the cancellation is made more than 6 months prior to the Exhibition;
50% of the total value if the cancellation is made between 3 and 6 months prior to the Exhibition;
100% of the total value if the cancellation is made up to 3 months prior to the Exhibition.
8 Bankruptcy or Liquidation. In the event of an Exhibitor becoming insolvent, or entering into liquidation (other than voluntary liquidation for the purposes of amalgamation or reconstruction) or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of its assets, or if it makes an assignment for the benefit of, or composition with its creditors generally or being an individual is the subject of a bankruptcy petition or bankruptcy order this Contract with the Exhibitor shall terminate forthwith, the allotment of stand space shall be cancelled with refunds to be payable in accordance with clause 7. If payment has not been made the whole of the cost payable under the Contract shall become due and payable forthwith, less any refund that may be available under clause 7, and such termination shall be without prejudice to any claim of the Organisers against the Exhibitor in respect of any antecedent breach.
9 Insurance & Liability. The Exhibitor agrees and acknowledges that it is responsible for safeguarding its possessions, materials and property during the Event. The Exhibitor shall be responsible and liable for any loss (including consequential losses), damage or claims arising out of injury to members of the public or damage to any persons” property, materials or possessions by reason of the works, acts or omissions of the Exhibitor, its employees, servants or agents and for any loss or damage (including without limitation consequential losses) caused to the Venue, any fittings supplied within the cost of participation and to any third parties howsoever arising as a result of the acts or omissions (or failure to act) of the Exhibitor his employees, sub-contractors or agents. The Organisers reserve the right to make any changes to the show features and schedule without notice. The Organisers expressly decline any responsibility for the safety of possessions, materials or property of the Exhibitor or their employees, contractors, suppliers and agents or any other person, for loss, damage, destruction by theft, fire or any other cause, save and except any death or personal injury caused by the Organiser’s negligence. This is whether by reason of any defect at the Venue caused by fire, storm, lightning, explosion, national emergency, war, labour disputes, strikes, lock-outs, civil disturbance, inevitable accident, any adverse publicity, criticism or adverse comment regarding the exhibition made in any newspaper or otherwise published, poor attendance at the exhibition by visitors or the press, force majeure or for any other cause not within the control of the Organisers whether of the same kind or not. The Organisers expressly do not take responsibility for any consequence of cancellation, postponement or abandonment of the Event and all Exhibitors are advised to adequately insure against all their liabilities. The Exhibitor agrees and undertakes to secure his own insurance to cover all other liabilities and risks including personal, public and product liability claims for a sum of £5million, evidence of which must be provided to the Organisers. Notwithstanding the provision of this clause the Organiser’s liability to the Exhibitor shall be limited to the fees paid to the Organiser by the Exhibitor, save in respect of death or personal injury caused by the Organiser’s negligence when the Organisers liability shall not be limited)
10 Risk Assessment. The Organisers reserve the right to require an Exhibitor to complete and submit an accurate risk assessment form. Failure to comply with this provision is a repudiatory breach of the contract which may result in the cancellation of this Contract without any entitlement to a refund of fees paid.
11 Postponement or Abandonment. The Organisers expressly exclude any liability in respect of any actions, claims, losses (including without limitation consequential losses), damages, costs or expenses whatsoever which may be brought, suffered or incurred by the Exhibitor or its employees, sub-contractors or agents as a result of the prevention, postpone or cancellation of the Event or the Venue becoming wholly or partially unavailable for the running of the Event, save that the Organisers will repay any money received from the Exhibitor (in accordance with paragraph 4) if the Exhibitor cancels the event. The Organisers shall be under no liability to the Exhibitor in respect of any actions, claims, losses (including consequential losses), costs or expenses whatsoever which may be brought against or suffered or incurred by the Exhibitor as the result of the happening of any such events as described in this paragraph. If, at the sole discretion of the Organisers, rearrangement or postponement of the period of the Event, or by substitution of an alternative venue or by any other reasonable manner the Event can be carried out, this Contract shall be binding upon the parties, except as to size and position of stand space, as to which any modifications, substitutions or rearrangement they consider necessary shall be determined by the Organisers. If the event is postponed by more than 24 hours the Organisers shall offer a refund of fees paid.
12 Occupation of Stand Space. The Exhibitor, its employees, agents and contractors, may enter the Venue for the purposes of stand building before the Event at a time to be advised. Exhibitors requiring additional time must seek prior written agreement from the Organisers. In the event of an Exhibitor failing to take possession of his allocated stand space within one hour prior to the Event beginning the Organisers will have the right to re-allocate the stand space and all monies paid shall be forfeited. Removal of and dismantling of stands and displays may not commence until the closing time advised, unless prior approval has been received in writing from the Organisers.
13 Display Installation. No Exhibitor will be permitted to install exhibits or displays in such a manner as, in the sole opinion of the Organisers, obstructs the light or impedes the view along open spaces or gangways. Gangways must be kept clear and free for passage and must not be littered or obstructed in any way. All electrical installations must be carried out by a contractor appointed by the Organisers in accordance with paragraph 16. An Exhibitor may not, unless by express permission of the Organisers, display directly or indirectly, advertise or give credits to any products or services other than his own or his named principal’s except where the Exhibitor is the sole United Kingdom selling agent for such products or services.
14 Damage to Venue. No nails, screws, bolts or other fixtures may be left behind at the Venue. Nor may any part of the Venue be damaged or disfigured in any way. Should any such damage or disfigurement occur, the Exhibitor responsible shall be directly liable for any reparation charges incurred by the Venue owners.
15 Advertising Matter. Exhibitors must not canvas or distribute advertising or promotional matter in any part of the Venue, except in the immediate vicinity of their own stands. Furthermore an Exhibitor must undertake to withdraw any advertising matter at the Exhibition to which the Organisers may reasonably object on the grounds of legality, decency or honesty, nor may any audio-visual system be used that would in the opinion of the Organisers cause annoyance or disturbance to others.
16 Electrical Installation. Where appropriate all electrical installations and connections will be carried out and checked by the official electrical contractor appointed by the Organisers. Additional lighting and power services will be available to the Exhibitor through the official electrical contractor appointed by the Organisers. Details of these services, together with relevant charges, will be sent to the Exhibitor once application has been made and stand space allocated. The Exhibitor may provide his own electrical fittings where such fittings are in the form of made-up units, showcases, signs, etc, complete and ready for connection to the main supply provided that they are industry approved and they have been properly tested. The Organisers expressly decline any responsibility for the condition or compliance of the Exhibitor’s own electrical equipment and reserve the right to remove any that they or the Venue owners consider not to comply with the regulations in force at the Event or to be dangerous. The Exhibitor hereby warrants and undertakes that any equipment supplied by it shall be of satisfactory quality and agrees that it will be liable for any actions, claims (including without limitation consequential losses) damages, cost and expenses which may be brought, suffered or incurred by the Organisers as a result of a breach of this warranty or undertaking.
17 Stand Cleaning. The Exhibitor is responsible to the Organisers for ensuring that its stand is maintained in a clean and orderly state. No storage space is available at the Venue and the Exhibitor must ensure that all packing materials and empty cartons are kept safely and tidily for the duration of the Event and removed from the Venue at the end of the Event or disposed of tidily at the facilities provided.
18 Dangerous Materials and Exhibits. The Exhibitor must conform to the regulations and conditions concerning explosive and dangerous materials, combustible or otherwise, as laid down by the local authorities and other statutory bodies. Any materials/exhibits not approved by the authorities or the Organisers must be removed from the Venue. PETROL GENERATORS ARE NOT ALLOWED UNDER ANY CIRCUMSTANCES.
19 Fire Precautions. All inflammable materials shall effectively comply with any statutory or local regulations or requirements to which the Event may be subject. Fire points must be kept clear at all times. The Exhibitor must comply with any reasonable instructions given by the local authorities, the fire officer and/or the Organisers to avoid risk of fire.
20 Security. Security will be provided at the absolute discretion of the Organisers but they cannot accept liability for any loss or damage that may occur.
21 General Conditions. The Organisers will be responsible at all times for the control of the Event area. The Exhibitor is responsible for their materials, equipment and other possessions as well as for the supervision of their promotional activities and their employees, contractors, suppliers and agents. The Organisers’ decision must be accepted as final where the requirements for the correct conduct of the Event make an immediate decision imperative. The Exhibitor must comply with any requirements imposed on the Organisers by the local authority or any other competent authority.
22 Variations. These Terms and Conditions may only be varied by the written agreement of both parties, with such variation needing to be signed by a duly authorised signatory of each party.
23 Assessment. The Exhibitor may not assign the benefit and/or the burden of this Contract or any rights under it without the prior written consent of the Organisers, such consent may be refused by the Organisers at their absolute and exclusive discretion. For the avoidance of doubt, should the Exhibitor sub-contract any part of this Contract, such sub-contracting shall not in any way reduce or exclude the liability of the Exhibitor under this Contract.
24 Waiver. Failure or neglect by the Organisers to enforce at any time any of the provisions hereof shall not be construed nor shall it be deemed to be a waiver of their rights hereunder nor in any way affect the validity of the whole or any part of the Contract nor prejudice the Organiser’s rights to take subsequent action.
25 Confidentiality. The Exhibitor undertakes not to disclose to any third party, other than to its professional advisers or as required by law or as agreed by the Organisers, any confidential information relating to the business or affairs of the Organisers.
26 Enforceability. If any term or provision in this Agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected.
27 Indemnity. The Exhibitor hereby indemnifies the Organisers against any loss, damages or expenses incurred or suffered by the Organisers (including consequential loss which shall include but not be limited to loss of profit, loss of anticipated savings and other economic loss) as a direct result of an act or omission on the part of the Exhibitor in relation to the Contract.
28 Data Protection. Both the Exhibitor and the Organisers shall ensure that any personal data as defined by the Data Protection Act 1998 (as amended) (“DPA”), provided by one to the other, is processed in accordance with the DPA. In particular, the Exhibitor undertakes that any data provided by the Organisers or generated in connection with the Event will only be used for the specific purposes outlined and that it will obtain similar undertakings in regard to any such data passed to sub-contractors.
29 Third Parties. The parties agree that no third party shall be entitled to enforce any rights under the Contract. The parties hereby exclude the operation of the Contracts (Rights of Third Parties) Act 1999. Nothing in the Contract shall be deemed to constitute a partnership between the parties.
30 Notices. Any notices to be served on either the Exhibitor or the Organiser by the other shall be sent by pre paid recorded delivery post, facsimile or electronic mail to the address of the other, and shall be deemed to be received by the addressee within 72 hours of posting or 24 hours if sent by facsimile or on sending it by electronic mail to the correct facsimile number or electronic mail address provided that no message is received by the sender in the case of electronic mail that such message was not delivered.
31 Law. Each Contract concluded under these Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.