Exhibitor Terms & Conditions
These Terms set out the terms on which the Exhibitor books a stand at a Crafting Live Show. Please read these Terms carefully as they contain important information.
In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:
Booking means a booking for an Exhibitor to book a stand at a Show, made by an Exhibitor by submitting a Stand Booking Form and acceptance by the Organiser;
Content means any or all information and material requested by the Organiser and/or submitted to the Organiser by an Exhibitor for use in connection with a Show, including an Exhibitor’s logo and other materials and information required by the Organiser for exhibition during and for promoting and marketing the Show;
Deposit means the deposit specified on the Stand Booking Form;
Exhibitor means the person, firm or company named as the Exhibitor identified in the Stand Booking Form;
Organiser means Highlight Crafts Ltd t/a Crafting Live;
Rental Fee means the total sum payable by the Exhibitor to the Organiser as specified in the Booking;
Show means the show in respect of which the Exhibitor is submitting a Stand Booking Form;
Stand Booking Form means an application by the Exhibitor to book a stand at an Event, made by the Exhibitor to the Organiser in accordance with clause 2 below;
Terms means these terms and conditions;
VAT means value added tax chargeable or such other applicable sales or other taxes.
2. Basis of Contract
By submitting a Stand Booking Form, an Exhibitor agrees to be bound by these Terms to the exclusion of all other terms. If an Exhibitor does not agree to be bound by these Terms, then they should not submit a Stand Booking Form.
An Exhibitor’s Stand Booking Form shall be completed in full and signed by the Exhibitor or on the Exhibitor’s behalf (or in such other written, electronic or oral form as the Organiser in its discretion accepts) and be submitted to the Organiser by hand, electronically or by post.
The Exhibitor’s Stand Booking Form is an offer to the Organiser to attend a Show and on acceptance by the Organiser forms a binding contract between the Exhibitor and the Organiser (a Booking).
The Organiser reserves the right in its sole discretion to refuse to accept a Stand Booking Form or refuse allocation of stand space to any exhibitor, or to remove an Exhibitor from a Show even after a Booking is accepted (where a full refund of any Deposit will apply).
The Booking shall be subject to these Terms and to any rules and regulations, including relating to safety, security, admission and order, issued from time to time by the Organiser in relation to the Show. The Exhibitor shall further comply with all regulations and requirements of the landlords of the venue and of the competent local or other authority for the time being in force, which regulations shall be deemed to be incorporated in the contract between the Exhibitor and the Organiser.
The person signing the Stand Booking Form on an Exhibitor’s behalf shall be deemed to have full authority to do so and an Exhibitor shall have no right to claim against the Organiser that such person or persons did not have such authority.
Exhibitor places at a Show may be limited and will be subject to availability.
The Deposit, plus VAT, shall be payable by the Exhibitor to the Organiser in full and in cleared funds in accordance with the terms on the Stand Booking Form. A formal receipt will be issued with the Confirmation.The Deposit is returnable at the sole discretion of the Organiser.
The Rental Fee (less the Deposit) plus VAT shall be payable by an Exhibitor to the Organiser no later than six weeks before the Show opens. Time for payment shall be of the essence. Where an Exhibitor has made a booking for more than one show, the Exhibitor may pay separately for the balance of the Rental Fee payable for each Show booked.
Any Rental Fee not paid six weeks prior to the Show may be subject to a surcharge and the Organiser’s right to cancel any Booking for non-payment of any Rental Fee after such date remains in full force and effect notwithstanding that the Organiser has issued demands or reminders. If payment of the Rental Fee in full is not received before the Show, the Organiser may (at its sole discretion) either require such payment as a condition of an Exhibitor’s entry to the Show or refuse the Exhibitor entry to the Show. No refunds of any proportion of the Deposit paid will be made and any balance of the Rental Fee will remain due and payable where entry to an Event is refused under this clause 3.
The Rental Fee is stated exclusive of VAT, which will be due at the prescribed rate as at the date of the invoice.
4. Stand Space
On receipt of the Rental Fee and prior to the start of the Show, the Organiser shall provide the Exhibitor with confirmation of the size and location of their stand. The Organiser reserves the right at any time to change the size and location of an Exhibitor’s space at the Show and accepts no liability for such change, other than, if appropriate, an obligation to refund the proportion of the Rental Fee resulting from a reduction in size of the space. The Organiser will however contact an Exhibitor (where possible) to discuss any proposed change to the size and/or location of a stand.
The Booking shall be for the amount of space at the Show as specified in the Stand Booking Form. The Organiser is under no obligation to an Exhibitor to provide a particular space on the floor plan or stand number at the Show. The Organiser reserves the right (without any liability to the Exhibitor) to alter the stand numbering, the lay-out of any Show floor plan and the position of any stand at any time.
If an Exhibitor wishes to reduce the size of their stand space after acceptance of their booking by the Organiser, the Exhibitor must notify the Organiser in writing prior to the Show. The Organiser shall be under no obligation to agree to any reduction requested.
5. Occupation of Stand Space
The Exhibitor shall ensure that their stand space and exhibits are occupied and attended by competent and adequate staff at all times for the duration of the Show.
The Exhibitor must maintain the stand in good order and in a clean condition for the duration of the Show, and should regularly tidy and remove rubbish.
The Exhibitor must not overload or overfill the stand, and any injury or damage arising from stand overload/collapse will be to the liability of the Exhibitor.
6. Assignment and Sub-letting
Assignment and sub-letting, or the granting of licences, whether of the whole or any part of the area allocated to an Exhibitor and the display or distribution of advertisement cards or other documents by or on behalf of persons who are not contractual exhibitors is strictly prohibited. An Exhibitor may not assign or transfer any rights or obligations under these Terms to any third party without the Organiser’s prior written consent.
Once a Confirmation has been issued, Exhibitors remain liable for the total Rental Fee.
If an Exhibitor wishes to cancel a Booking, the Exhibitor must notify the Organiser in writing prior to the Show. The Organiser may accept such cancellation at its sole discretion, and if such cancellation is accepted the Deposit and/or the balance of the Rental Fee (if paid) will be returnable at the sole discretion of the Organiser.
The Organiser may (at its sole discretion) suspend the Show, change the date and/or venue for the Show for any reason and if an Exhibitor is able to attend the revised Show, these Terms shall continue to apply. If an Exhibitor notifies the Organiser in writing within thirty (30) days of receiving notification of the revised Show that the Exhibitor does not wish to attend the re-arranged Show, the Organiser shall reimburse the Rental Fee. The Organiser shall have no other liability to the Exhibitor.
The Organiser may (at its sole discretion) cancel a Show at any time for any reason and shall in such event reimburse the Rental Fee to the Exhibitor. The Organiser shall have no other liability to the Exhibitor.
The Organiser shall have the right to terminate immediately any Booking on written notice to the Exhibitor if the Exhibitor:
- fails to make any payment due to the Organiser by the due dates specified in these Terms; or
- is in breach of these Terms and the Exhibitor does not remedy the same (if capable of being remedied) within three (3) days of receipt of notice in writing from the Organiser specifying the breach or failure and calling for the same to be remedied; or
- shall commit any act of bankruptcy or being a company enter into liquidation whether compulsory or voluntary otherwise than for the purposes of amalgamation or reconstruction or call any meeting or may any arrangement or composition with its or his creditors or permit any judgement to remain unsatisfied for seven days or a receiver or a manager to be appointed or any distress or execution to be levied upon any goods premises or assets of the Exhibitor.
If the Organiser terminates any Booking in accordance with this clause 8, then the Organiser shall be entitled to cancel the letting of the area and retain all monies paid under the Booking.
9. Liabilities, Indemnities and Insurance
An Exhibitor participates in a Show entirely at their own risk in every respect including personal injury to the Exhibitor or their employees or agents, or to other exhibitors or to members of the public and including loss of or damage to property belonging to the Exhibitor or any other person howsoever such injury loss or damage may be caused and whether arising in the course of or occasioned by the Exhibitor’s occupancy of any area allocated or in the course of or occasioned by the transit of goods or other property of persons to or from the Show.
To the fullest extent permitted by the applicable law, the Organiser excludes:
- all liability for loss, injury or damage to persons or property at the Show;
- all indemnities, warranties, representations, terms and conditions (whether express or implied); and
- any actual or alleged indirect loss or consequential loss howsoever arising suffered by the Exhibitor, or any loss of profits, anticipated profits, savings, loss of business revenue, loss of business, loss of opportunity, loss of goodwill, or any other type of economic loss (whether direct or indirect). If the Organiser is liable to the Exhibitor for any reason, the Organiser’s total liability under these Terms or otherwise in relation to the Show is limited to the amount of the Rental Fee received by the Organiser.
The Exhibitor shall defend, indemnify and hold the Organiser harmless from and against all costs, claims, demands, proceedings, liability, losses, expenses or damage (including reasonable legal fees) whatsoever made against or incurred by the Organiser related to, due to or arising out of or in connection with
- the occupation and use by the Exhibitor of the space allotted to him or to the erection, presence or dismantling or removal of any structures or fittings on such space or the placing, storage or exhibiting thereon of any articles, goods or merchandise; and/ or
- due to or arising out of any acts of negligence or default of the Exhibitor or any employee or agent of the Exhibitor or otherwise due to or arising out of the participation by the Exhibitor in the Show; and/or
- a breach of these Terms by the Exhibitor; and/ or
- any claim brought against the Organiser that the Content supplied by the Exhibitor infringes, violates, or trespasses or constitutes the unauthorised use or misappropriation of any intellectual property of any third party.
The Exhibitor shall further make good any damage to premises or fixtures therein that may result from his participation in the Show however caused whether by his act or by the act of his employee or agent or by fire or otherwise.
Nothing in these Terms shall exclude or restrict either party’s liability for death or personal injury resulting from the negligence of that party or its employees while acting in the course of their employment.
The Exhibitor shall effect at their own cost full public liability and employee liability insurance cover against personal injury, death and damage to or loss of property for a limit of indemnity of not less than £1,000,000, and the Organiser shall be entitled to inspect such insurance policies upon request.
The Exhibitor is also advised to insure against cancellation, abandonment, postponement, the full replacement value of the contents of their stand space, all associated ancillary equipment and materials, and all other contingencies including those detailed in these Terms.
The Organiser may require the Exhibitor to complete/produce a Risk Assessment.
10. Hire of Equipment
Equipment or fittings of whatsoever nature supplied by the owner or licensee of any venue or which is hired or rented direct by the Exhibitor from such owner or licensee and the Organisers shall not be liable for any loss or damage of whatsoever nature occasioned by such items.
11. Erection and Dismantling of Stands
The Exhibitor shall be responsible for erecting and dismantling their stand/ display. The Organiser will advise exhibitors of the dates and the times for the erection and dismantling and removal of exhibits, displays and materials. No Exhibitor will be allowed to remove his exhibit without an official pass. Stands must not be dismantled until the break down time as specified by the Organiser.
The Exhibitor must not erect their stand or display their goods so as to, in the opinion of the Organiser, restrict the light or view to stands of other exhibitors or obstruct clear areas or walkways or cause inconvenience or otherwise adversely affect other exhibitors. All sides adjacent to an aisle must have not less than half the length of the side open with access to the gangway. An Exhibitor shall comply immediately with any direction given by the Organiser or venue owners in respect to this matter or in respect to fire or safety precautions referred to in clause 13 below.
No nailing or fixing to the floor, walls, fabric or decoration of the venue building is allowed, nor may venue fixtures be adjusted or removed. Carpets, curtains and the like must be protected by the Exhibitor against damage.
The Organiser reserves the right to move or adjust any Exhibitor stand where the Organiser considers this necessary.
If an Exhibitor fails to remove all their property or otherwise fails to vacate the Show venue premises by the agreed time due to any cause whatsoever, an Exhibitor shall be fully responsible for any penalties imposed by the venue, or any other losses and costs incurred by the Organiser. As a result of an Exhibitor failing to vacate the premises by the agreed time, the Organiser may remove any of the Exhibitor’s property left in the Show venue after the said time and the costs of such removal shall be paid by the Exhibitor to the Organiser on demand.
12. Dangerous and Excluded Materials / Removal of Exhibits
The following are expressly prohibited from any Show:
- any items containing any explosive, dangerous, noxious or harmful substance of whatever nature save only in the form of strictly non-inflammable and non-explosive imitations; and
- any matters of an obscene, libellous or otherwise illegal nature.
The Organiser reserves the right to require an Exhibitor to remove any exhibit if the Organiser, in its absolute discretion, considers that it is libellous, obscene, undesirable or detrimental to the Show, other exhibitors or the general commercial interests of the Organiser or any other company from time to time forming part of the same group of companies of which the Organiser forms part or that it infringes the rights of any third party.
Offensive, threatening or unpleasant behaviour by any Exhibitor will not be tolerated. The Organiser will take appropriate action to any such behaviour, which may include removal of the Exhibitor from the Show, or from participation in future shows (even where a Deposit has been taken), and/or contacting the police.
13. Fire Regulations and Health and Safety
Exhibitors, their contractors and agents, must ensure that their displays and stand-fittings meet the minimum safety standards as stipulated by the relevant local authorities.
All material used for building, decorating, covering or draping a stand must be of non-inflammable character or must be rendered satisfactorily non-inflammable.
All personnel entering the Show must comply with all fire, health and safety procedures of the venue and will obey all fire, health and safety instructions issued by the venue and/or the Organiser.
All exhibitors have a responsibility to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees or personnel, and that any plant or systems which may be used are safe and without risks to health. Exhibitors must ensure that all employees, contractors and agents are provided with information, instruction, training and supervision to ensure not only their own health and safety but that of others working or attending the vicinity.
No exhibit or display items may be copied, photographed, drawn or reproduced in any way without the permission of the Organiser.
15. Exhibitor Materials
An Exhibitor shall, on request by the Organiser, supply their Content required by the Exhibitor for promotion or other media purposes relating to the Show.
An Exhibitor shall ensure all material provided to the Organiser or supplied directly by an Exhibitor during the Show is accurate and is not offensive, abusive, indecent, defamatory, obscene or otherwise inappropriate.
The Exhibitor hereby grants the Organiser a non-exclusive, royalty free, worldwide licence to reproduce, exhibit, distribute and use (and have reproduced, exhibited, distributed or used) the Exhibitor’s name and their Content provided by the Exhibitor in relation to (and before, during and after) the Show.
The Exhibitor must not display any exhibits, merchandise or advertising literature in addition to or in place of those described on the Stand Booking Form, or that exceed the space that they have booked without the prior written permission of the Organiser.
Neither party shall be liable to the other in respect of any non-performance or delay in its performance of its obligations by reason of any event beyond the reasonable control of that party including, but not limited to, act of God, flood, fire, civil war or strife, act of foreign enemy, invasion, war, satellite failure, legal enactment, governmental order or regulation, industrial action, trade dispute, lock-out or riot.
If any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed not to be a part of these Terms and this shall not affect the enforceability of the remainder of these Terms.
No waiver or any breach of any of these Terms shall be deemed to be a waiver of any other breach and no waiver shall be effective unless in writing.
These Terms together with any other document incorporating or referred to in these Terms shall constitute the entire agreement and understanding between the parties in relation to its subject matter.
These Terms may be subject to alteration, amplification or addition at any time at the discretion of the Organiser and the Exhibitor shall be bound by these Terms as modified from time to time by any such alteration, amplification or addition.
These Terms shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Courts.