Terms and Conditions
TERMS AND CONDITIONS
1.1 The Exhibition is organised and managed by Hey Exhibitions Limited T/A HEY GORGEOUS, a company registered in England and Wales with registration number 11213117and Registered office address Victoria House, 18 Dalston Gardens, Stanmore, Middlesex, England, HA7 1BU (“we”, “us” and “our”).
1.2 These terms and conditions set out the terms on which we grant you (i.e. the Exhibitor) the right to use the stand space at the Exhibition. Please read this agreement carefully and make sure you understand it before signing. You understand that by signing these terms and conditions, you agree to be bound by them.
- DEFINITIONS AND INTERPRETATION
2.1 In these terms and conditions, the following words shall have the following meaning:
“Exhibition” means the Hey Gorgeous Event at Byron Hall, Harrow 23rd and 24th March 2019.
“Exhibition Period” means from the date we grant you the right to be an Exhibitor to the date the Exhibition finishes.
“Exhibition Space” means the stand you have been allocation at the Exhibition to show your exhibits.
“Exhibition Space Fee” means the amount paid.
“Exhibition Information Pack” has the meaning given in clause 3.4.
“Exhibitor Marks” has the meaning give in clause 3.5.1.
“Opening Hours” means 11am – 6pm for visitors tbc.
“Payment Schedule” means the payment terms
“Total Fees” means the total fees charged for the Exhibition Space as specified on the Booking Form.
- EXHIBITION RIGHTS
3.1 You are entitled:
3.1.1 subject to clause 6, to use the Exhibition Space for the duration of the Exhibition to show your exhibits; and
3.2 We grant to you a non-transferable, non-exclusive, royalty free licence to use the Exhibition logos and trademarks solely to promote your attendance at the Exhibition.
3.3 Prior to entering into a contract with us, you would have selected a specific size stand. We shall use our reasonable endeavours to allocate that stand space to you. However, you acknowledge and agree that we cannot guarantee the availability of any preferred stand location.
3.4 We shall provide you with all relevant details relating to the Exhibition (including but not limited to, timings of the Exhibition, rules relating to the venue and rules relating to the use if the Exhibition Space) prior to the Exhibition (the “Exhibition Information Pack”).
3.5 You grant us a worldwide, non-exclusive, royalty free, sub-licensable licence to use:
3.5.1 your logos and trade marks (the “Exhibitor Marks”) provided to us in accordance with clause 4.3 during Exhibition Period, on the Exhibition website and other marketing and publicity materials (including social media); and
3.5.2 any other materials and information provided for inclusion on the Exhibitor Listing.
- YOUR OBLIGATIONS
4.1 You shall ensure that your Exhibition Space is manned by at least one member of your staff at all times during Opening Hours of the Exhibition. Set Up time is To Be Confirmed
4.2 You warrant to us that no items exhibited by you at the Exhibition or material relating to your exhibits (including, but not limited to, materials promoting your attendance at the Exhibition) shall:
4.2.1 be inaccurate, obscene, defamatory or disreputable;
4.2.2 infringe the right of any third party;
4.2.3 otherwise be unlawful; or
4.2.4 be detrimental to us, the Exhibition, to other exhibitors at the Exhibition or to our general commercial interests.
4.3 You shall provide us with (i) samples of the Exhibitor Marks in a suitable format; and (ii) the materials and information to be uploaded on to the Exhibitor Listing within five days of you being accepted as an Exhibitor (or within one day where the Exhibition is to commence within ten days of you being an Exhibitor).
4.4 Any materials and information provided to us pursuant to clause 4.3, shall be subject to our approval and we may at our discretion not include, remove or delete any content on the Exhibitor Listing. We also reserve the right to remove any items from your exhibit or materials used to promote your exhibit at any time during the Exhibition (and recover the costs incurred by us in doing so) if such materials are in our reasonable opinion (i) in breach of clause 4.2; (ii) likely to infringe the rights of a third party; or (iii) inappropriate for display.
4.5 You shall ensure that your Exhibition Space is left in good order and in a clean condition at the end of the Exhibition. In the event of any failure to do so, we may carry out these obligations ourselves and retain or dispose of any items remaining at the Exhibition Space and you shall be liable to us for any costs so incurred by us.
4.6 You warrant that you will comply with and shall procure that your employees comply with all relevant laws and regulations relating to your attendance at the Exhibition and any further specific rules which apply to the venue at which the Exhibition is being held.
4.7 You hereby agree to indemnify us and shall keep us indemnified against all costs, expenses, damages, claims, losses and liabilities suffered or incurred by us as a result of your breach of clauses 4.2, 4.5 and 4.6.
5.1 In consideration of the rights granted to you in clause 3 above, you shall pay us the Exhibition Stand Fee in accordance with the Payment Schedule. The Exhibition Space shall be allocated to you on receipt of this payment.
5.2 You shall not be permitted entry to the Exhibition unless full payment has been received by us.
- CANCELLATION AND ALTERATION
6.1 In the event you wish to cancel the Exhibition Space, you must send written notice of such cancellation to us. On receipt of such notice by us, your Exhibition Space will be cancelled and we shall be entitled to re-allocate the Exhibition Space to a third party.
6.2 In the event you cancel your Exhibition Space on or before the 23rd Feb 2019, you will receive a 50% refund. No refund will be given if any cancellations are after this date.
6.3 If, unless agreed by us in writing, you fail to man your Exhibition Space pursuant to clause 4.1, you will be deemed to have cancelled your Exhibition Space and you shall be obliged to pay the Total Fees within 14 days, unless they have already been paid. We shall also be entitled to re-allocate the Exhibition Space to a third party.
6.4 We reserve the right to alter the timing, date and/or location of the Exhibition without liability to you, provided that the Exhibition, as altered, is substantially similar to the Exhibition as originally advertised. We will provide you with notice of any alterations as soon as reasonably practicable.
6.5 In the event we cancel the Exhibition or materially alter the timing, date and/or location of the Exhibition, you shall be entitled to terminate the agreement with us and obtain a refund. Any such refund shall be payable to you within 30 days of cancellation.
6.6 You expressly acknowledge and agree that we reserve the right to alter the layout of the Exhibition floor plan or position of any Exhibition Space at any time without liability to you provided that the Exhibition Space continues to be substantially similar to the Exhibition Space as originally agreed.
6.7 We also reserve the right to cancel your Exhibition Space in the event you breach of any of your obligations under this agreement and in such circumstances, we will not refund any payments you made to us.
- INTELLECTUAL PROPERTY
7.1 You acknowledge that all intellectual property and similar and related rights (including, without limitation, trademarks, copyright, design rights, know-how, confidential information and goodwill) in and relating to the Exhibition and any materials provided by or produced by us in relation to the Exhibition shall be owned by us and you undertake not to use such material or such rights without our prior written consent.
7.2 You hereby grant us, our staff and our sponsored partners the right to photograph and video film the Exhibition at any time during and after the Exhibition and to use such photographs and video films on any promotional material as they see fit. If any footage and photography of the event is used for your marketing use, please credit those involved (ie Photographer, Videographer and Hey Gorgeous).
8.1 Subject to clause 8.3, our aggregate liability to you, whether such liability arises in contract, tort (including negligence) or otherwise, for damages, loss, costs, claims or expenses of any kind howsoever arising, out or in connection with the Exhibition, shall be limited to the Total Fees.
8.2 Nothing in this agreement shall limit or exclude either party’s liability for: (i) death or personal injury caused by that party’s negligence, or negligence of that party’s employees, agents or subordinates; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be limited or excluded by applicable law.
9.1 No failure or delay by either party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
9.2 This agreement and the rights and obligations of the parties shall be governed by, and construed in accordance with, the laws of England and Wales, and the parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
9.3 The Exhibitor to only sell pre-packaged foods which are not to be consumed on the grounds. The Exhibitor may offer free samples to visitors. All ingredients and expiry dates are to be clearly stated.
9.4 The sharing of exhibition stands between 2 businesses is not permitted. We have the right to cancel your Exhibition space in the event this rule is breached. We will not refund any payment to you.
- INSURANCES & LIABILITY
10.1 You shall affect at its own cost full indemnity insurance against usual risks in respect of loss damage or injury to goods and persons. We shall not be liable for any loss or damage (including consequential or indirect loss or damage) suffered by you whether such loss or damage arises from breach of a duty in contract or tort or in any other way (including loss or damage arising from negligence) and which shall include (but not by way of limitation) loss of profits; loss of contracts; loss of or damage to property or goods to us or any other person; or personal injury to the you or any other person (but only so far as such injury is not caused by negligence). This is whether by reason of any default in the Exhibition building caused by fire, storm, tempest, lightning, explosion, national emergency, war, labour disputes, strikes, lock-outs, civil disturbances, inevitable accident, force majeure or for any other cause not within the direct control of the Organisers whether of the same kind or not. It is your responsibility to provide your own Public Liability insurance, a copy of which must be provided to us. No assurance or guarantee of any kind is offered by us and none is to be given, invoked, or otherwise applied, for any goods or services tendered, sold or otherwise traded at the show.