1. DEFINITIONS
In these terms and conditions:
Agreement means these terms and conditions
Exhibition means the event described in the Booking Form;
Exhibitor means the person, firm or company whose details are specified in the Booking Form;
Exhibits means such objects and materials (including but not limited to marketing and promotional materials) as may be displayed and/or handed out to Exhibition visitors by or on behalf of the Exhibitor;
Organiser means Farm Events Limited or its permitted assignees;
Stand Space means any area in the Exhibition licensed to the Exhibitor in accordance with this Agreement;
Venue means the venue at which the Exhibition is held.
2. APPLICATION AND AGREEMENT
The Exhibitor warrants, represents and undertakes that it shall provide comprehensive and complete details on the Booking Form of the intended purpose of all Exhibits.
The Organiser may at its absolute discretion accept or refuse the Exhibitor’s application
3. ALLOCATION OF STAND SPACE
This is on a first come first served basis. We will do our best to accommodate specific requests but due to the nature of the event, exact locations may alter at any point. If this is the case you would be consulted.
The Exhibitor is not permitted to share possession of all or any part of the Stand Space.
The Organiser reserves the rights to determine, and if it deems necessary, alter at its sole discretion: the term or duration of, and/or the opening hours for, the Exhibition; the layout of the Exhibition generally (including but not limited to entrances and exits for the Venue); and any and all other technical or administrative details in respect of the Exhibition.
4. FEES AND PAYMENT
The Exhibitor agrees to pay the following Fees in accordance with the amounts and payment terms agreed at the time of booking.
the Stand Space Fee;
any further sponsorship fees;
Unless otherwise agreed by the parties and stated on the Booking Form, Fees shall be paid by the Exhibitor within 30 days of the date of the Organiser’s invoice for such Fees or one week from the Exhibition, whichever is the sooner.
If payment is not made by the due date then a Cancellation Charge of £200 may apply and the stand would be considered cancelled.
5. STAND SPACE AND EXHIBITS
The exhibitor is responsible for stand building and ensuring that it meets Health and Safety standards. No Shell scheme will be provided so each stand must be a steady independent structure that does not intrude in any way onto neighbouring Stand Spaces. Exhibitors must not erect Exhibits in a manner which would, in the opinion of the Organiser impede the view along the open spaces or gangways of the Exhibition or cause inconvenience for or otherwise affect the display of any other Exhibitor.
Any marketing materials and all materials used for building, decorating or covering stands or displays must consist of non-flammable material. The Exhibitor must comply immediately with all instructions given by the relevant authorities or the Organiser to avoid the risk of fire or any other risk of injury or damage to property.
Any direct light from an electrical device must be screened in such a way as to avoid causing nuisance or discomfort to visitors and other Exhibitors and any music or other noise shall be at such a level so as not to cause nuisance or discomfort to visitors and other Exhibitors. In addition, the Exhibitor shall reduce the volume of or switch off any music or other sound source immediately if required to do so by the Organiser.
The Exhibitor shall be responsible and liable for obtaining appropriate consents to and licences for its use of all intellectual property rights in any Exhibits or other materials used in connection with the Exhibition.
6 EXHIBITOR’S REPRESENTATIVES AND PASSES
The Exhibitor shall supply to the Organiser the name of at least one person to be its representative in connection with the installation, operation and removal of the Exhibits and shall ensure that such person is available to be contacted by the Organiser at all times during the opening hours of the Exhibition and reasonably available at other times during the Exhibition period.
In order to ensure only official access to the Exhibition areas, the Exhibitor and any authorised personnel and any permitted contractors will be issued with non transferable passes. No admission to the Exhibitor areas will be allowed unless this pass is presented. The Exhibitor will be required to provide the Organiser, upon request, with a list detailing the personnel who will be present at the Stand Space and/or around the Exhibition and/or any permitted contractors and the day(s) on which each person is likely to be in attendance. The Exhibitor shall be liable for all and any unauthorised use of the passes issued to the Exhibitor.
7 REMOVAL OF EXHIBITS AND MARKETING MATERIALS
The Exhibitor shall dismantle and remove all items in relation to their Space Stand.
In order to comply with health and safety regulations, no Exhibit shall be packed,removed or dismantled during Exhibition hours or prior to the closing of the Exhibition without the prior written permission from the Organiser.
The Exhibitor must surrender any occupied Stand Space in its original condition. The Exhibitor shall on demand indemnify and keep indemnified the Organiser for any damage caused by the Exhibitor, its employees, agents or contractors.
8 INSURANCE
The Exhibitor shall obtain public liability insurance with a reputable insurance company to a level which shall not be less than £2,000,000 per event, and shall provide written evidence of its insurance policy to the Organiser upon request.
9 EXHIBITOR’S CANCELLATION OR MODIFICATION OF STAND SPACE
if the Exhibitor wishes at any time prior to the Exhibition to cancel its Stand Space, it shall: provide immediate written notice to the Organiser; and pay the Cancellation Charge.
10 POSTPONEMENT AND CANCELLATION BY ORGANISER
The Organiser shall be relieved of its obligations under this Agreement in the event that the holding of the Exhibition by the Organiser, the performance by the Organiser of any of its material obligations under this Agreement and/or the attendance at the Exhibition by the Exhibitors and/or any other exhibitor and/or any visitors is impossible, illegal or substantially or materially interfered with, due to any cause or causes beyond the reasonable control of the Organiser or the providers of the Venue including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, civil commotion, armed hostilities, act of terrorism, revolution, blockade, embargo, strike, lock-out, sit-in, industrial or trade dispute, adverse weather, disease, risk to public health, accident to or breakdown of plant or machinery, shortage of any material, labour, transport, electricity or other supply, regulatory intervention, general advice or recommendation of any government (including any government agency or department), regulatory authority or international agency against travel, exhibitions and/or public gatherings, or the Venue becomes unavailable and/or unfit for occupancy and/or use
(“force majeure”).
In the event of force majeure, the Organiser may cancel, postpone or bring forward the Exhibition or change the Venue or otherwise alter the Exhibition.
11 TERMINATION
This Agreement may be terminated by the Organiser at any time by written notice to the Exhibitor upon the occurrence of any of the following events:
the Exhibition is cancelled in accordance with Clause 10 above;
the Exhibitor fails to arrange insurance cover in accordance with the provisions of clause 8;
payment of Fees is not made by the Exhibitor in accordance with this Agreement;
the Exhibitor is or becomes for any reason unable to utilise the Stand Space;
the Exhibitor ceases to carry on business, becomes insolvent or, enters into or takes or is subject to any form of winding up, administration, receivership, liquidation, bankruptcy, arrangement with creditors generally or any other insolvency procedure in respect of it or any of its assets, or suffers from enforcement of security or legal process or repossession or any event analogous to any of the above in any jurisdiction;
12 LIMITATION OF LIABILITY AND INDEMNITY
This Clause 12 sets out the entire liability of the Organiser (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Exhibitor in respect of:
any breach of this Agreement;
any use made by the Exhibitor of the Stand Space; and
any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
Neither the Organiser nor any of its respective agents shall be liable to the Exhibitor under this Agreement in contract, tort (including negligence and breach of statutory duty) or otherwise for any loss of profits (whether direct or indirect), revenue, goods, use, anticipated savings, goodwill, reputation or business opportunity or for any indirect, incidental special or consequential loss arising under this Agreement (whether or not reasonably foreseeable and even if it had been advised of the other incurring the same).
The Organiser’s total liability in contract, tort (including negligence or breach of statutory duty) or otherwise arising in connection with this Agreement shall be limited to the total Fees paid by the Exhibitor for the relevant Exhibition in connection with which such liability arises.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
Nothing in this Agreement purports to exclude or limit the Exhibitor’s liability for death or personal injury as a result of its negligence, fraud or fraudulent misrepresentation or any liability that cannot be excluded by law.
The Exhibitor shall on demand indemnify and keep indemnified the Organiser against all costs, claims, demands, proceedings and losses whatsoever made against or incurred by the Organiser, its employees, agents or contractors as a result of any breach of any term(s) of this Agreement by the Exhibitor, its agents, contractors or employees.
13 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be construed in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts.