Event Terms & Conditions
KELSEY PUBLISHING LIMITED
EXHIBITION AND EVENTS TERMS AND CONDITIONS
DEFINITIONS and interpretation
The following words and phrases have the following meanings in these terms and conditions unless the context otherwise requires.
Booking Form: the booking form for the Event submitted by the Exhibitor to Kelsey.
Conditions: these terms and conditions as amended from time to time in accordance with Condition 2.7.
Contract: the contract between the Exhibitor and Kelsey for purchase of the Stand Space in accordance with these Conditions.
Event: the event specified in the Booking Form.
Exhibitor: the person, firm or company who is named on the Booking Form and who has agreed to take, and has been given, a Stand Space, at the Event.
Fee: the fees payable by the Exhibitor for the Stand Space and all other charges related to exhibiting at the Event, in accordance with Condition 3.
Kelsey: Kelsey Publishing Limited, a company registered in England and Wales under company number 2387149 and whose registered address is at Cudham Tithe Barn Berrys Hill, Berrys Green, Westerham, Kent, TN16 3AG, and with registered VAT number 523 7157 54. Kelsey is organising the Event.
Plan: the site plan setting out the layout for the Event, formulated by Kelsey.
Stand Space: the specific area hired by the Exhibitor for the sole purpose of displaying and/or selling its products and/or services, as specified on the Booking Form.
Venue: the place, premises or venue where the Event is to take place, as specified in the Booking Form.
Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
A reference to writing or written includes email.
APPLICATION FOR STAND SPACE
All applications for Stand Space must be made on the Booking Form. The submission of the Booking Form constitutes an offer by the Exhibitor to purchase Stand Space in accordance with these Conditions and any other rules referred to herein.
Kelsey will review the Booking Form and use all reasonable efforts to allocate Stand Space in accordance with the Exhibitor’s choice, but the Exhibitor acknowledges and agrees that Stand Space allocation is made on a “first come, first served” basis. If the Exhibitor’s choice is not available, Kelsey will promptly advise the Exhibitor of suitable alternatives, and if acceptable, the Booking Form shall be amended accordingly.
The Contract shall come into existence upon Kelsey issuing written acceptance of the Booking Form.
2.4 The Exhibitor shall ensure the Booking Form is accurate in all respects and lists all businesses, products, services and brands being represented by the Exhibitor at the Event. The Exhibitor accepts that Kelsey reserves the right to refuse any application for Stand Space or prohibit any Exhibitor activity without cause.
2.5 Any Plan or other descriptive matter produced by Kelsey are produced for the sole purpose of giving an approximate idea of the Event referred to in them. Kelsey reserves the right, at its discretion, to make such amendments to the Plan or other descriptive matter, and alterations to the positioning of stands, as it deems necessary.
2.6 These Conditions apply to the Contract to the exclusion of any other terms that the Exhibitor seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.7 Kelsey may amend these Conditions at any time by giving written notice to the Exhibitor. Any Booking Form submitted by the Exhibitor prior to the implementation of amendments shall be governed by the Conditions prevailing on the date of submission of the Booking Form.
3.1 Invoices will be raised from four months prior to the event. The Exhibitor shall pay the total Fees in full immediately. Kelsey will not allocate Stand Space, permit entry to the Event and/or provide personnel passes, vehicle passes, power or lighting, until it has received full payment of the Fees.
3.2 If the Exhibitor fails to make payment under Condition 3.1, the space is subject to re-sale if not paid in full 30 days prior to the date of the event. The Exhibitor shall remain liable for the Fees regardless of the fact that Kelsey has cancelled the Stand Space.
3.3 If the Exhibitor pays the Fees after the reallocation under Condition 3.2, Kelsey may, at its discretion, allocate such other available Stand Space to the Exhibitor that Kelsey deems appropriate, but shall not in any event be obliged to do so.
3.4 The Exhibitor shall remain liable to pay all agreed Fees, subject to the cancellation terms under Condition 4.
3.5 If the Exhibitor fails to make any payment under the Contract by the due date for payment, Kelsey may, without limiting its other rights remedies, charge interest on the overdue amount at the rate of 2% per cent per annum above Barclays Bank Plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Exhibitor shall pay the interest together with the overdue amount.
4.1 Any cancellation of the Contract by the Exhibitor must be in writing and subject to the following:
4.1.1 if the Exhibitor cancels 60 days or more before the date of the Event, it shall be entitled to receive a full refund;
4.1.2 if the Exhibitor cancels more than 30 days but less than 60 days before the date of the Event, it shall be entitled to receive 50% of the Fees by way of refund; and
4.1.3 if the Exhibitor cancels within 30 days of the date of the Event or if it does not attend on the date of the Event, no refund will be due.
4.2 If Kelsey cancels the Event due to an Unforeseen Event (in accordance with Condition 15), the Exhibitor shall not be entitled to a refund.
5. occupation of stand space
5.1 The booking of the Stand Space shall be a licence to occupy for the duration of the Event and shall not, in any circumstances, confer any tenancy rights on the Exhibitor.
5.2 The Exhibitor shall:
5.2.1 not assign or sublet any part of the Stand Space without Kelsey’s prior written consent, nor will it display or advertise goods or services other than those set out in the booking confirmation;
5.2.2 keep noise to a level that does not cause a disturbance to the Kelsey or other exhibitors;
5.2.3 ensure that no nails, screws or other fixtures are driven into any part of the Venue including floors and no vehicles enter the Venue without Kelsey’s prior permission. The Exhibitor shall take care to avoid causing any damage to any part of the Venue and, should any damage be caused by the Exhibitor or its personnel, the Exhibitor shall be liable for any repair charges incurred by Kelsey and shall indemnify Kelsey in full for any damage for which Kelsey is held responsible by the Venue owner.
5.3 Kelsey and any other person either authorised by Kelsey or having an interest in the Venue shall, without notice, be entitled to access the Stand Space at all reasonable times.
5.4 If the Exhibitor fails to remove all its property or otherwise fail to vacate the Venue by the end of Event for whatever reason, the Exhibitor shall be fully responsible for any penalties and any other losses and costs incurred by Kelsey arising out of such failure. Kelsey shall be entitled to remove any property of the Exhibitor left behind at the Venue after the Event has concluded, and the Exhibitor shall pay Kelsey on demand, all costs of such removal. If the Exhibitor does not collect any such property within seven days of Kelsey requesting it to do so, Kelsey may dispose of that property in any manner it feels fit.
6. SET UP, MAINTENANCE and removal
6.1 The Exhibitor may enter the Venue to erect, install and prepare the Stand Space on such date and times as advised by Kelsey. Stand Spaces must be completed and ready for the Event opening by the time and date indicated in the Booking Form or as otherwise advised in writing by Kelsey.
6.2 The Exhibitor shall arrange the Stand Space in a manner that does not obstruct the general view, nor hide the stand spaces, of other exhibitors. If the Exhibitor intends to use specially built booths or displays, such plans must be submitted to Kelsey for approval before construction is ordered or undertaken, and in any event, must be stated in the Booking Form. No booth or display exposing an unfinished surface to neighbouring stands is permitted.
6.3 The Exhibitor shall ensure that all gazebos, marquees and other temporary structures are suitably secured on soft or hard ground. If Kelsey or any appointed safety consultant deems any gazebo, marquee or other temporary structure is dangerous or unsafe and incapable of rectification, then the Exhibitor must immediately remove it upon request.
6.4 The Exhibitor and all its employees, personnel and representatives must comply with all Health & Safety requirements and legislation, and must return a completed Health and Safety Form with the completed Booking Form.
6.5 All display material, goods and exhibition equipment, shall be positioned within the confines of the Stand Space. If the Exhibitor extends beyond the boundaries of its allocated Stand Space, Kelsey may invoice and the Exhibitor shall pay for such additional space at such rates as Kelsey determines. Should any dispute arise as to the Stand Space allocation, or any extension of the same beyond that allocated, Kelsey’s decision shall be final. Kelsey reserves the right to relocate the Exhibitor if, in its absolute discretion, it thinks such relocation is necessary in the best interest of the Event.
6.6 The Exhibitor will be responsible for the cleanliness of the allocated Stand Space and shall remove all rubbish to the rubbish skips provided, and provide adequate litter bins or refuse sacks on the Stand Space. If the Exhibitor fails to comply with this Condition 6.6, Kelsey reserves the right to fine the Exhibitor an amount equal to the cost of cleaning the Stand Space and removing all rubbish.
6.7 The safekeeping of all products or other items on the Stand Space is the Exhibitor’s sole responsibility. Kelsey will not be responsible in any way for the loss or damage to the Exhibitor’s property however caused.
6.8 If the Exhibitor is to sell any products, services, food or drinks (whether alcoholic or non-alcoholic) the Exhibitor shall hold all approvals, certificates, authorisations, permissions, licences, permits, regulations and consents necessary (Necessary Consents) from time to time for such sales. The Exhibitor shall, at Kelsey’s request, provide Kelsey with the Necessary Consents at any time prior to, and during, the Event.
7. prohibited activities
7.1 The Exhibitor shall not:
7.1.1 display, produce, make use of or distribute any obscene material or behave in a manner which may cause offence to visitors, other exhibitors (and their employees, personnel and representatives) or Kelsey (and its employees, personnel and representatives);
7.1.2 undertake any auctioning, pitching, raffles, tombola or pick-a-ticket activity at the Event without Kelsey’s written permission. If permission is granted, the Exhibitor shall adhere to the Gambling Act 2005;
7.1.3 distribute or display leaflets, posters or other promotional material outside the confines of the Stand Space without Kelsey’s prior written consent;
7.1.4 display or sell any product or service featuring any brand or logo belonging to Kelsey without Kelsey’s prior written consent;
7.1.5 undertake any unauthorised trading (that is, selling products or services or canvassing for orders otherwise than by the Exhibitor at its own Stand Space in the normal course of its business), leafletting, bannering, photography for commercial gain or any other activity deemed inappropriate by Kelsey. No magazines, posters or other promotional material provided by or published by any commercial publisher shall be displayed or sold without Kelsey’s prior written consent; and
7.1.6 at any time, bring to or within the Venue animals, glass/bottles, bonfires, barbecues, mini motors, scooters, quads, or any other items which are notified in writing to the Exhibitor by Kelsey from time to time.
7.2 If at any time before or during the Event it appears to Kelsey that the Exhibitor may be engaged in activities which are contrary to the best interests of the Event or which appear to be unethical or in breach of the Contract or the law, Kelsey may, without incurring any liability to refund the Fees, cancel the Exhibitor’s Stand Space allocation and refuse entry or require it (and its employees, personnel and representatives) to vacate the Venue, as appropriate. Kelsey will refuse the Exhibitor the right to participate further in the Event.
8. ELECTRICAL REQUIREMENTS, HAZARDOUS MATERIALS AND FIRE PRECAUTIONS
8.1 Kelsey will appoint an official electrical contractor who will carry out and check all electrical installations and connections during the Event, and if necessary, will provide additional lighting and power services to the Stand Space. If an electrical contractor has not been appointed the Exhibitor may provide its own electrical equipment where such fittings are complete, industry approved and have been properly tested as ready for connection to the main supply. The Exhibitor shall ensure that electrical equipment on the Stand Space comply with the Regulations for Electrical Equipment of Buildings approved by the Institute of Electrical Engineers and any statutory or local regulations or requirements to which the Event may be subject (the Regulations). Kelsey shall not be responsible for the condition or compliance of the Exhibitor’s own electrical equipment to the Regulations and reserves the right to remove any such equipment that either Kelsey or the Venue owner considers not to comply or to be dangerous. The Exhibitor warrants that any equipment supplied by it shall be of satisfactory quality and shall indemnify Kelsey for any actions, claims, losses (including without limitation consequential losses), damages, cost and expenses which may be brought against, suffered or incurred by it, as a result of a breach of this warranty.
8.2 The Exhibitor shall conform to the statutory or local regulations or requirements applicable to explosives and dangerous and hazardous materials, combustible or otherwise and shall immediately remove any such materials or exhibits that do not so comply, at Kelsey’s request. All inflammable materials shall be effectively fireproofed or otherwise processed against fire in accordance with any statutory or local regulations or requirements to which the Event may be subject.
8.3 The Exhibitor shall keep clear of the floor and gangways all electrical wiring and cables and shall not store any packing materials or empty boxes on or behind the Stand Space.
8.4 Fire points and exits must be kept clear at all times. The Exhibitor must adhere to all fire and safety regulations which affect the Event and shall ensure that its employees, personnel and representatives who are attending the Event have familiarised themselves with them.
9.1 The Exhibitor shall, and shall ensure that its personnel present at the Event shall, comply with all conditions and regulations relating to the Event and the Venue, whether such conditions and regulations are imposed by Kelsey or the owner of the Venue.
9.2 Kelsey reserves the right to refuse admission and to remove persons from the premises for any reason where necessary. Kelsey may have to conduct security searches to ensure the safety of persons at the Event.
10. TICKETS, parking and display vehicles
10.1 Kelsey shall dispatch tickets and passes no later than one week before the Event. Kelsey will not be liable for lost tickets.
10.2 Car parking: All vehicles must be parked in the official car park (details of which will be provided prior to the Event), except those for which Kelsey has provided a special pass, who may park adjacent to or behind the Stand Space.
10.3 Display vehicles: If the booking confirmation states that the Exhibitor is to display vehicles on the Stand Space, such vehicles must have a special display vehicle pass, and must be placed within the confines of the area reserved for the Stand Space. Vehicles displayed outside the Stand Space will have to be moved by the Exhibitor to either the confines of the Stand Space or to the official car park. All drivers of display vehicles will each require a car pass and a valid entry ticket.
10.4 Car passes: The car pass is for the vehicle, is non transferable and the Exhibitor must ensure that it is clearly displayed at all times. If a person fails to produce a car pass, they will have to park in the public car park.
10.5 All vehicles which require access to the Stand Space area must clearly display the relevant car pass. Kelsey will give the stewards clear instructions to prevent vehicles not displaying the correct pass from entering the Stand Space area.
10.6 Tickets: Each person entering the Event in a vehicle displaying a valid vehicle pass must hold a valid entry ticket and present the same at the entrance gate for the Event. Any person not in possession of an advance entry ticket must purchase a ticket at the then advertised price, or will otherwise be refused entry to the Event.
10.7 Ticket allocation: The number of tickets and passes to be allocated by Kelsey for the Event shall be set out on the Booking Form. The Exhibitor can purchase further tickets in advance of the Event, at a reduced price, by making a request to Kelsey’s sales representative.
11. TRACK DAY EVENTS
11.1 This Condition 11 shall apply where the Event includes a “track day” (Track Day), whether organised by Kelsey or the Event organiser. Separate terms and conditions may also apply, and Kelsey will provide, or will procure that these are provided. in advance of formation of the Contract.
11.2 Kelsey shall only provide access to the Track Day for the number of sessions and persons as set out in the Booking Form.
11.3 All drivers taking part at the Track Day must:
11.3.1 produce a full (not provisional) and valid UK driving licence (or the equivalent foreign licence) with the appropriate category clearly indicated, before participating, and shall not be entitled to a refund by Kelsey if they fail to produce the requisite licence; and
11.3.2 hold appropriate insurance for their participation in the Track Day.
11.4 If a Track Day session is stopped at any point, cancelled or a driver is removed for any reason for which Kelsey is not at fault, Kelsey shall not be required to refund the person affected.
11.5 The Exhibitor shall ensure that all persons attending and participating in the Track Day Event, including drivers and spectators, are aware of the risks and that they are aware they attend and participate at their own risk.
11.6 Neither Kelsey nor any of their representatives shall be responsible for any loss, damage or injury to persons or property caused or sustained by any person as result of attendance or participation at a Track Day, save for liability for death or personal injury arising from Kelsey’s negligence or for fraudulent misrepresentation.
12. Data Protection
12.2 The Exhibitor shall comply with the General Data Protection Regulations (GDPR).
13.1 Nothing in the Contract shall limit or exclude Kelsey’s liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other liability which may not be lawfully excluded or limited.
13.2 Subject to Condition 12.1, Kelsey shall not be liable to the Exhibitor, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (a) loss of profits; (b) loss of sales or business; (c) loss of agreements or contracts; (d) loss of anticipated savings; (e) loss of damage to goodwill; and (f) any indirect or consequential loss.
13.3 Subject to Conditions 12.1 and 12.2, Kelsey’s total liability (whether in contract, tort or otherwise) under or in connection with the Contract shall be limited to the Fees.
14.1 During the term of the Contract, the Exhibitor shall maintain in force, with a reputable insurance company, public liability insurance providing a minimum limit of £5,000,000 (five million Pounds Sterling) to cover the liabilities that may arise out of its participation in the Event and under or in connection with the Contract. The Exhibitor shall, on Kelsey’s request, produce both the insurance certificate giving details of the cover and the receipt for the premium in respect of the insurance.
14.2 Kelsey shall not be responsible for loss of or damage to exhibits or other property in the custody of the Exhibitor. The Exhibitor is advised to insure its exhibits and all equipment and items for which it is responsible.
The Exhibitor undertakes to Kelsey that the Exhibitor shall, without prejudice to any other right of action Kelsey may have, at all times keep Kelsey fully and effectively indemnified against any liability (such liability shall include, without limitation, all losses, costs, claims, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which Kelsey may suffer or incur arising out of the Exhibitor’s participation in the Event or the participation of its employees, agents and representatives, including the infringement of any intellectual property rights of any third party, or by reason of any breach or non-fulfilment of any of the Exhibitor’s obligations in respect of the Contract.
16. UNFORESEEN EVENTS
16.1 Unforeseen Event means anything outside the reasonable control of Kelsey, including but not limited to, acts of God, adverse weather conditions, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage, ceasing to be entitled to access the internet for whatever reason, server crashes, deletion, corruption, loss or removal of data, transportation embargo, failure or delay in transportation, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency.
16.2 If the Venue become unfit or unavailable for occupancy or shall be substantially interfered with by the occurrence of an Unforeseen Event and Kelsey decides, in good faith, that the Event cannot go ahead on the date stated in the Booking Form, then Kelsey’s obligation to perform in accordance with the Contract will be suspended and Kelsey shall decide, in good faith, whether the Event is to be cancelled, relocated or postponed to another date. Kelsey shall inform the Exhibitor of such occurrence and its decision to cancel, relocate or postpone the Event as soon as practicable after the Unforeseen Event, and the Exhibitor waives any claims it might have against Kelsey for refunds, damages or expenses. If Kelsey decides to relocate or postpone the Event it shall provide such details to the Exhibitor within a reasonable period and the Contract shall continue in full force.
17.1 No one other than a party to the Contract shall have any right to enforce any of its terms.
17.2 If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
17.3 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract. Nothing in this Condition shall limit or exclude any liability for fraud.
17.4 The Exhibitor shall not assign the Contract or any part of it to any person, firm or company without Kelsey’s prior written consent.
17.5 Failure or delay by a party in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of its rights under the Contract. Any waiver by a party shall not be deemed a waiver of any subsequent breach.
17.6 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
Kelsey Publishing Limited