These terms and conditions form an important part of your contract with Beacon Events Ltd, or associated companies within the Beacon group, including but not limited to Resourceful Australia Pty Ltd, Mines and Money Events Ltd, Resourceful Events Ltd (part of Beacon companies), and should be read in conjunction with the Event Agreement. Your attention is drawn to your obligations under Health & Safety, and the Emergency procedures outlined in the relevant sections. It is your responsibility to comply with all statutory rules and regulations.
In these Terms and Conditions,
- “The Authorities” shall mean; The Local Authority, The Home Office; The Health and Safety Inspectorate and any other similar or relevant Government Department or any other competent authority having jurisdiction in the premises.
- The “Contract” or “Event Agreement/Booking Form” means the agreement for the allotment of space at the Exhibition made between the Exhibitor and the Organiser. The Event Agreement is the Confirmation in conjunction with these terms and conditions.
- The “Exhibitor” / the “Client” means all employees, servants and agents of any company, partnership, firm or individual to whom space has been allocated for the purpose of exhibiting. The Client / the Exhibitor is named on the confirmation, and includes any subsidiaries and / or group companies.
- The “Organiser” means Mines and Money Events Ltd or its associated companies within Beacon Group or appointed agent.
- The term “Product” shall be taken to mean any exhibit to be shown at the Exhibition.
- The fee is the fully-inclusive price, as agreed and detailed in the Event Agreement, and all costs exclude all applicable taxes including but not limited to VAT and GST, charged at the prevailing rate.
- The “Rental” means the License fee shown as the total cost payable by the Exhibitor in the Contract.
- Rules and Regulations means the terms and conditions set out herein.
- The “Company” shall mean the event venue and all land owned by it including all car parks and exhibition halls not being used for the Organiser event.
- The 24 hour clock is used throughout these Rules and Regulations.
The Exhibitor must comply with the requirements of all local, county and other public authorities in force at the time of the Exhibition. Exemptions from any of the Rules and Regulations laid out below may be granted at the Organiser’s discretion. No exemption given by the Organiser will be effective unless it is in writing.
- HEALTH & SAFETY
The Exhibitor agrees to abide by the Rules and Regulations and Health and Safety requirements as laid down by the Organiser (and listed in the event exhibitor manual) – a copy of which is available from the Organiser.
- STAND ALLOTMENT
- No stand will be held as let until the Exhibitor has signed and returned to the Organiser his Event Agreement/Contract on which the stand number, area and rental charges are shown.
- The Contract constitutes a license to exhibit and not a tenancy. The Organiser reserve the right at any time to make such alterations in the floor plan of the Exhibition as may in their opinion be necessary, as a whole and to alter the shape, size or position of the space allotted to the Exhibitor.
If, as a result, the space allotted to the Exhibitor shall be reduced, a proportionate reduction will be made to the Exhibitor by adjustment of Rental. No alteration to the space allotted will be made in such a way as to impose on the Exhibitor any greater liability for rental than that undertaken in the Contract.
- Where an Exhibitor is the selling agent in the UK for another company or companies and intends to show their products, he must state on the Booking Form their name(s) and undertake to confine exhibits to the goods of these firms and of his manufacture.
- Exhibitors are not allowed to sublet the stand allotted to them or to permit the stand to be utilised by any other person or company without the Organiser’ prior consent in writing.
- Without the written consent of the Organiser’s, no name(s) other than that of the company, its trade name(s), trademarks, the companies it represents in (c) or has borrowed equipment from may be displayed on the stand, nor may any literature or handbills in respect of any goods other than those of the Exhibitor be displayed or distributed.
- Allotment of space by the Organiser shall not imply that they accept the proposed exhibits, and the Exhibitor must satisfy himself that his exhibits comply with the Rules and Regulations. The Organiser reserve the right to exclude and/or remove at anytime, any exhibit which in their opinion is not relevant to the Exhibition or which is offensive or indecent. In the event that the Exhibitor fails to remove any offending exhibits within 24 hours of being requested so to do, the Organiser or its agent shall be entitled to effect removal without further notice. The decision of the Organiser as to the eligibility of the exhibits will be absolutely final and binding.
- Exhibitors wishing to borrow products from other companies to enhance or complete their displays must use the products of other exhibitors wherever possible.
h) Exhibitors must keep all common parts of the venue unobstructed at all times. All exhibits must be kept within the confines of the stand space. Any demonstrations must not cause undue congestion and/or obstruction of common areas.
- WITHDRAWAL BY EXHIBITOR
Without prejudice to the rights and remedies of the Organiser in respect of any breach of the Contract on the part of the Exhibitor, the Organiser may at their discretion allow the Exhibitor to withdraw from the Exhibition subject to the following conditions:
- The Exhibitor must give written notice to the Organiser that he desires to withdraw and if the Organiser allow such withdrawal they will notify the Exhibitor of their decision in writing.
- Any such notification by the Organiser to the Exhibitor will constitute a cancellation of the Contract.
- In the event of cancellation of the Contract the Exhibitor shall pay to the Organiser a sum of money as agreed liquidated damages and the Organiser shall notify the Exhibitor of this sum in its notification. The sum shall be calculated in accordance with the table set out on the Contract.
- The participant may cancel the Contract, without reason, subject to the cancellation policy on the Contract.
- Where the stand or space vacated as the result of the Exhibitors withdrawal has to be dressed or altered in any way by the Organiser in order to maintain an orderly and visually pleasing Exhibition, the costs of any such dressing or alteration shall be payable by the Exhibitor in addition to the proportion of rental referred to in (c) above.
- Upon payment of such consideration to the Organiser by the Exhibitor (credit being given by the Organiser for all rental already paid by the Exhibitor) the Contract shall be cancelled and neither party shall have any further claim against the other.
- BREACH OF CONTRACT
- If the Exhibitor fails to observe and perform any of these Rules and Regulations or the provisions of the Contract, or if the Exhibitor shall become bankrupt or shall make any arrangements with his creditors or, being a Company shall enter into liquidation whether compulsory or voluntary (save for the purpose of reconstruction or amalgamation) then and in any such case the Organiser may exercise all or any of the following rights:-
- The Organiser may, by notice in writing, immediately cancel the Contract and such termination shall be without prejudice to any claim in respect of any antecedent breach.
- The Organiser shall be entitled to retain all sums paid by the Exhibitor and reserves the right to sue for any proportion of the rental then outstanding.
- The Organiser shall be entitled to remove any Exhibits or property of the Exhibitor within the Exhibition premises and despatch the said Exhibits and property (at the risk and expense of the Exhibitor) to the address of the Exhibitor shown in the contract.
- In the event of a failure by the Exhibitor to complete his stand or to exhibit, the Organiser shall be entitled to erect on the said stand a board or device carrying the name or title of the Exhibitor.
- These rights shall be in addition to and not in substitution for any further rights which the Organiser may have.
- CANCELLATION OF THE EXHIBITION
If the Exhibition is abandoned, cancelled or suspended in whole or in part by reason of war, fire, national emergency, labour dispute, strike, lockout, civil disturbance, inevitable accident, the non-availability of the Exhibition premises, or any other cause not within the control of the Organiser, or the Organiser in it’s sole discretion at anytime determines that the event is not financially viable the Organiser may at their entire discretion repay the rental paid by the exhibitor, or part thereof, but 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.
- FAILURE OF SERVICES
The Organiser will use all their reasonable endeavours to ensure the supply of the services at the event venue and of those mentioned in the Exhibitor manual, but, as the supply of such services is not within the control of the Organiser they shall not incur any liability to an Exhibitor for any loss or damage if any such services shall wholly or partially fail or cease to be available nor shall the Exhibitor be entitled to any allowance in respect of rental due or paid under the contract.
- RIGHTS OF ORGANISER AND HALL OWNERS
The Organiser and the Owners of the Exhibition hall and those authorised by them respectively have the right to enter the Exhibition premises at any time to execute works, repairs and alterations and for other purposes. No compensation will be payable to the Exhibitor for damage, loss or inconvenience so caused.
- AMENDMENTS, APPLICATIONS AND INTERPRETATION OF THE RULES AND REGULATIONS
- In the event of any dispute as to the interpretation of these Rules and Regulations as a result of their translation into a foreign language, the English version shall prevail.
- Each Exhibitor is bound in all respects by these Rules and Regulations.
- Each Exhibitor must bring to the notice of all agents or contractors employed by him such of the provisions of these Rules and Regulations as may affect such agents or contractors, and any claim (s) arising from the failure of the Exhibitor to give such notice shall be the sole responsibility of the Exhibitor concerned.
- Questions that may arise between the Organiser and the Exhibitors in regard to the true interpretation or meaning of these Rules and Regulations or the implementation thereof and all questions and disputes not provided for by these Rules and Regulations shall be settled or determined by the Organiser whose decision in relation thereto shall be final.
- All verbal agreements, individual permits variations and special arrangements must be confirmed in writing.
- ADMISSION TO THE EXHIBITION
- The Organiser reserve the right to refuse to admit or to expel from the Exhibition premises any person at any time not withstanding that person’s possession of an official pass or ticket.
- The Organiser will issue official tickets of admission and no other form of admission ticket will be valid.
It is the responsibility of the Exhibitor to ensure that gangways in front of their stand are kept free from obstruction during the whole of the time the building is open for the purpose of the Exhibition. At no time must any gangway be blocked or obstructed.
- DIRECTION SIGNS
The Organiser reserve the right to affix stand numbers or direction signs on any stands in any position.
- ADVERTISEMENT SITES
Advertising sites will be sold at the discretion of the Organiser either directly or through the hall owners. The Exhibitor is not allowed to place or affix advertisements anywhere within the Exhibition Halls except on his stand. The Exhibitor may not distribute advertising matter from the gangways but only from his stand and only in relation to his own goods. The Exhibitor must not bring any balloons or blimps onto the Premises and flags or pennants are only allowed on the Exhibitor own stand or at the positions allocated to, and sold by, the Organiser.
- ENTERTAINMENT/STAND FEATURES (Music licence)
Special features, exhibits and public entertainment programmes at any point throughout the show may only be incorporated within exhibitors’ activities provided that they are notified to Mines and Money Events Ltd no later 3 months before the date of the event.
Notification must include:
- A full written description of the feature.
- The timetable and duration of any set performance.
- The number of cast involved and basic details of any personalities.
- A contact name and address of the manager responsible for the feature.
- Any scripts, plans or programmes being prepared for the feature.
- Failure to register features may result in permission to proceed being withdrawn.
- Noise Level
The noise level of any feature/performance should be controlled so as not to cause inconvenience or disturbance to any other exhibitor or visitor. The Organiser reserve the right to take whatever measures, including cutting power to the stand, that the Organiser deem necessary in order to eliminate the inconvenience.
- FIRE PRECAUTIONS
Exhibitors shall at all times observe the following:
- Fireproofing: All materials used for construction or display shall conform to the materials guidelines.
- Cloth materials used in decoration of stands shall be stretched against a solid backing, shall not hang loose and shall be at least 6 inches clear of the floor.
- All furniture used in the exhibition hall shall conform to BS 5852 1990 section 4.
- No naked lights may be exhibited or used in the exhibition hall without the written permission of the Organiser.
- Exhibitors shall not interfere with the fire extinguishers placed in the halls by the venues fire officers.
- Exhibitors must ensure that their stand personnel are familiar with the use of such equipment and that they have been made aware of the fire procedure for the event as detailed in the exhibitor manual.
- Exhibitors must ensure that their stand staff are familiar with the location of fire and emergency exits and assembly points, as well as the location and use of fire fighting equipment.
- RULE ENFORCEMENT
The Organiser is committed to ensure that the Exhibition Regulations are enforced consistently. Due notice/warning will be issued in writing ONCE ONLY and if an exhibitor continues in breach of a regulation after the issue of a warning, the Organiser is or its consultants may take the following action:
- In the event that an exhibitor fails to meet the criteria regarding design submission, contractor nomination or feature registration prior to the event:
- withhold Exhibitors tickets; and/or
- deny access to the site build-up.
- In the event of breach of any regulation on site:
- halt stand construction, subject to approval of the Health & Safety Officer; and/or
- disconnect stand/feature power; and/or
- close an exhibit feature or whole stand; and/or
- exclude stand staff from the stand
Any costs or expenses incurred in implementation of any of the above measures will be charged to the exhibiting company. All special stand designs proposed for the exhibition must be submitted to the Organiser for inspection. They have the authority to reject/instruct amendments to designs that are in breach of these Regulations.
- INSURANCE INDEMNITY & CLAIMS
- Each Exhibitor exhibits entirely at his / her own risk. The Exhibitor is responsible for all claims arising from personal injury or damage to property arising in connection with the erection and dismantling of the Exhibitors stand and anything permitted, omitted or done thereon or there from during the period of the exhibition of the construction and dismantling periods caused directly or indirectly by the Exhibitor or any contractor, subcontractor, servant, agent, licensee or invitee of his or the act, omission or neglect of such person, or by an exhibit, machinery or other article of the Exhibitor or any servant or agent of his. The Exhibitor will indemnify the Organiser in respect of each and every such claim, and all actions, proceedings, costs, claims and demands in respect of all such claims.
- The Organiser will take such precautions as they may consider advisable for the precaution of all articles exhibited, but will not at any time be responsible for the loss of, or damage to, or safety of any exhibit, empty cases, tools or other property of the Exhibitor or any other person under any circumstances whatsoever.
All Exhibitors will be expected to affect their own insurance against fire and loss and shall claim against such insurance wherever possible in priority to making any permitted claim against the organiser.
- Each exhibitor must hold a General Third Party policy of insurance to cover its legal liability for negligence for an indemnity of at least for not less than the amount prescribed by law.
- In the event of any person sustaining loss, injury or damage by any machine, implement or article belonging to an Exhibitor the said Exhibitor shall relieve the Organiser of all claims, actions or suits made or expenses incurred in connection therewith.
- The Exhibitors hereby agree to free the Organiser and the event venue of all responsibility for loss or damage arising directly or indirectly through any Act of God, war, strikes, lockouts, trade disputes, fire, flood, drought or from riots or similar commissions within or without the hall or premises, or any other causes beyond the Organiser’ control or owing to the inability to procure materials or articles except at enhanced prices due to any of the foregoing causes.
The Organiser will provide a basic level of security within the exhibition centre throughout build-up, the open period and breakdown. All measures practical will be taken to protect the goods and possessions of each exhibitor. However, neither the Organiser nor the venue will accept any responsibility for the loss or damage of any goods, exhibits or personal effects. Exhibitors and contractors are advised not to leave valuable items unattended at any time.
It is the responsibility of each exhibitor to ensure that any goods, exhibits and personal effects belonging to their company, staff and appointed contractors are insured against any loss or damage whatsoever.
- STAND AREA
The Organiser will issue to each exhibitor full details of the area to be allocated indicating the stand size, boundaries, area and building infringements, such as roof support columns, restricted headroom, etc.
Each exhibitor must keep their design and construction of any stand fittings, features, exhibits or lighting rigs within the boundaries of their allocated stand area. Under no circumstances may any element, at any height, encroach on the gangways.
- Site survey
Every effort has been made to ensure that all details contained within the floor plan are accurate.
However the Organiser can accept no responsibility for discrepancies. A site survey is strongly recommended prior to designing any stand structure.
The exhibitor is responsible for any damage to the fabric of the exhibition halls caused by themselves, their agents or their contractors. This includes use of incorrect carpet tape on the hall floor.
On arrival to the site, the exhibitor or their appointed contractor is required to report any damage to the Organiser, failure to do so may result in dilapidation charges being made against the exhibitor.
- GOVERNING LAW AND JURISDICTION
Unless otherwise specified in the Event Agreement, the Event Agreement shall be governed by and construed in accordance with the laws of Hong Kong and each party agrees to submit to the non-exclusive jurisdiction of the Hong Kong courts.
Unless otherwise specified in the Event Agreement, any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted; The law of this arbitration clause shall be Hong Kong law; The seat of arbitration shall be Hong Kong.
Sponsorship and Exhibitor Terms and Conditions
THE CLIENT AGREES TO:
- Purchase the services detailed in the Event Agreement for the amount shown.
- Pay in accordance with the payment schedule contained in the Event Agreement, and abide by the cancellation terms outlined below.
- Abide by the rules and regulations of the event (copies available from the Organiser), which may from time to time be altered in accordance with the Local Authority’s requirements.
- Ensure adequate third-party insurance cover.
- To be fully responsible for any and all advertising materials or samples used during the sponsorship
THE ORGANISER AGREES TO:
- Provide the services detailed in the confirmation for the fee shown. Should the Client be unhappy with any of the services provided by the Organiser, representation must be made to the Organiser in writing immediately, and the Organiser shall be given reasonable opportunity to remedy the situation.
- All materials and brands belonging to the Organiser shall only be used by the Client as detailed in this agreement. No other use will be permitted.
- All publicity undertaken by the Client in relation to the event should be agreed by the Organiser in advance in writing.
- No Client, as a result of this agreement, shall hold themselves out to be a representative or agent of the organiser nor any other member of the Beacon group.
- Should the invoice not be paid within the agreed period, the Organiser reserves the right to charge interest at 2.0% per month and to recover any legal fees, attorney fees, court fees and any other expenses accrued in the recovery of unpaid invoices.
- The Organiser may suspend or cancel any forward orders if the Client has any unpaid invoices.
- The Organiser has sole control over the guest list.
- In the event that the Client either wishes to cancel the contract or fails to meet any of the payment obligations (whether as to the amounts or dates of payment) detailed on the Event Agreement then the Organiser reserves the right (but without being obliged to do so and without prejudice to any other right or remedy available to the Organiser) to apply and demand the above cancellation charges.
- If the Client wishes to cancel then written notice of such wish must be forwarded to the Organiser by Recorded Delivery Post or receipted courier and any such notice shall be deemed duly served on the day (not being Saturday or Sunday or Public holiday) seven days following the date of posting. Email and or verbal confirmations shall not be accepted.
- Notwithstanding that the Organiser may re-sell the opportunity after payment of the cancellation charges the Organiser shall be under no obligation to reimburse all or any part of such cancellation charges.
- The Organiser may cancel the event without reason at any time. In these circumstances the Client will receive a full refund less 20% for marketing and logistics. The Organiser not be responsible for any other associated costs or losses incurred by the Client.