West Wilts Show 2009 Terms and conditions for Hire
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West Wilts Show 2009 Terms and conditions for Hire of exhibition space Introduction This agreement about the standard conditions of hire (‘the conditions’) should be signed by the Exhibitor and sent to the Organiser at Wessex Business Events, Pentagon House, 52 Castle Street, Trowbridge, Wiltshire, BA14 8AU together with a cheque payable to Wessex Business Events for 30% of the full amount due (‘the Deposit’). The Organiser reserves the right to refuse any application for exhibition space. If the Organiser refuses to accept an application for space, then any deposit paid shall be refunded. The Organiser reserves the right to change these conditions at any time. The changes take effect when the Exhibitor has been provided with a copy of the new Conditions. The Organiser’s decision about whether these terms have been complied with shall be final. The Exhibitor’s space and paying for its use The organiser will, where possible, allocate the Exhibitor with the space required. The Organiser has the discretion and the right to offer an alternative space. The Organiser has the discretion to change the site layout before the Show. If the Organiser offers the Exhibitor an alternative space, then the Exhibitor shall have the option of rejecting this by notice in writing to the Organiser within seven days of such notification. If the Exhibitor does not respond, then it will be assumed that the Exhibitor accepts the substitute space. If the Exhibitor accepts the alternative space and it is different in size, then the fee will be reduced or increased in proportion to the change in area. If the space is larger, the Exhibitor will pay the balance of the deposit that would have been due for the larger space within seven days of notification by the Organiser. The Exhibitor shall pay 30% deposit with the booking. Exhibitors who book by 31 December 2008 can pay in two instalments, i.e. first instalment (deposit) with the final balance being invoiced in February 2009 for payment by 31 March 2009. Payment for bookings from 1 January 2009 may be made in two instalments – deposit with the final balance being invoiced in April 2009, for payment by 31 May 2009. For bookings made from 1 May 2009 onwards, the total cost is due immediately. No access to the showground will be permitted if there are any outstanding amounts due to the Organiser. 30% of the stand cost will be forfeited in the event of any booking cancelled before 30 April 2009. Any cancellation in May 2009 will result in the forfeiture of 50% of the stand cost. Cancellations from 1 June 2009 will result in no refund. If the Exhibitor owes any money to the Organiser at the end of the Show, then the Organiser may take any of the Exhibitor’s property on site. The Organiser also retains the right to recover the sums owed by any other means. The Exhibitor must ensure that his stand is staffed and exhibits are on view between the notified opening times for the duration of the Show. If the Exhibitor wishes to distribute or display placards, circulars or any other article, including decorations, anywhere other than at his stand, then the Organiser’s written consent must be obtained beforehand. Expulsion from the site The Organiser has the right to prevent the Exhibitor from setting up or taking any further part in the Show if: It considers him to be an annoyance, disturbance, nuisance or objectionable in any way to the Organiser or to any other exhibitor or visitor. The Exhibitor brings to the site anything that is dangerous or harmful. Examples include explosives, fireworks, matches or anything containing inflammable material or substances. If the Exhibitor has doubts about any item to be used at the Show, then he must obtain the Organiser’s written consent before setting up for the Show. The Exhibitor fails to maintain suitable public and employers’ liability insurance in such sums as is required by the Organiser in effect for the setting up and duration of the Show. If required by the Organiser, the Exhibitor shall produce evidence of this. The Exhibitor damages, changes or affects any structure or building at the Show, which does not belong to the Exhibitor. The Exhibitor wishes to make any electrical connection at the Show and fails to obtain all necessary consents, including the Organiser’s prior written consent. The Organiser shall have the right at any time to request the Exhibitor to disconnect any electrical connection. The Exhibitor is not permitted to bring or use any electricity generator or similar appliance on to the Exhibitors space or adjacent land. The Exhibitor fails to take reasonable precautions to ensure all fire regulations are complied with, and/or fails, if required by the Organiser, to provide one all-purpose foam fire extinguisher and any other equipment necessary to cope with the risk of a fire caused by or happening to the Exhibitor’s property. The Exhibitor fails to obtain prior written approval from the Organiser and the Fire Authority (Safety Officer, Fire Station, Hilperton Road, Trowbridge) for the use of any flammable materials, naked flames and/or gas containers. Other conditions of using the Show site All property of the Exhibitor on site must be clearly labelled as such. Transporting and unpacking items for the Show is the responsibility of and at the expense of the Exhibitor. The Exhibitor is responsible for clearing away all packaging, including boxes, cases, packing materials or any other debris, and shall ensure that any unpacking is completed by 6.00pm on the setting-up day. The Exhibitor shall ensure that all gangways, open spaces or other parts of the site other than his stand are kept clear of his property at all times. If the Exhibitor uses any part of the Showground outside the Boundary, he will receive a written request to retract to the original boundaries. If the Exhibitor continues to exceed the boundaries the Organiser reserves the right to close the stand until the matter is resolved. The Exhibitor shall not sub-let any part of the Trade Stand or move to another area of the Showground to exhibit. All items sold with the exception of food, over the value of £15.00 should be accompanied with a receipt bearing the Exhibitor’s trading address and/or trading phone number. No Exhibitor other than the Official Caterers will be allowed to sell drinks or sell prepared or take- away food for consumption on the Showground. Wine companies and breweries who are Exhibitors will be allowed to give free sampling of their wines/beer and accept orders by the bottle or case. Exhibitors catering on their Trade Stands are reminded that they must conform to the requirements of the Food Hygiene (General) Regulations 1970 (as amended), The Food Hygiene (Market, Stalls and Delivery Vehicles) Regulations 1966 (as amended), The Licensing Act 2003, the Health and Safety at Work etc. Act 1974 (as amended), and the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972 (as amended) and must apply for a TENS – Temporary Events Notice. Environmental Health Officers will be in attendance at the Show and have the authority to shut down any Trade Stand. Exhibitors are reminded that their trade stands must comply with the requirements of all food hygiene and standards, health and safety and licensing legislation currently in force. Traders requesting advice on the law shall contact their local authority Environmental Health and Licensing Teams. Information on catering and health and safety at outdoor events is available on the West Wiltshire District Council website: Good Hygiene Practices for Outdoor Catering: http://www.westwiltshire.gov.uk/index/env/env-health-service/food-hygiene/food-safety-information- forms.htm Organising a Safe Event: http://www.westwiltshire.gov.uk/index/policing-public- safety/accidents_emergencies_and_safety/safe-events-guide-to-organising.htm Environmental Health Officers will be in attendance at the Show and have the legal authority to close any trade stand where there is a risk to health and safety or food safety with the express agreement of the Organiser of the Show. Exhibitors intending to sell alcohol or supply alcohol with food from their stands must apply to West Wiltshire District Council for a TENS – Temporary Events Notice. TENS Guidance: http://www.westwiltshire.gov.uk/index/business/business-street-trading- licences/licensingact2003/licensingact2003-one-off-events.htm If at the absolute discretion of the Organiser, the Showground becomes unfit or unavailable for occupancy or it becomes impossible or impractical to hold the Show for reasons beyond the control of the Organiser including (without limitation) fire, flood, storm, government intervention, malicious damage, acts of war, acts of God, strikes, riots, disease or any other cause, the Organiser reserves the right (but shall not be obliged to) to cancel the Show. In these circumstances the parties agree and acknowledge that the Organiser shall not have any liability to the Exhibitor for refunds or additional expenses or charges or to make payment for any other loss or damage suffered by the Exhibitor. The Exhibitor must fully insure the Exhibit at the Trade Stand at the Showground and the Exhibitor’s fixtures and fittings and take out adequate third party insurance in respect of the Exhibitor’s use and possession of the Trade Stand. The Exhibitor will be requested to provide insurance policy details to the Organiser prior to the Show. If in the Organiser’s opinion the policy is not suitable/adequate, the Organiser will have to produce a policy that is suitable/adequate in the opinion of the Organiser prior to the Show. In the event that the Exhibitor fails to do this, he will not be allowed to participate in the Show, nor will he be entitled to a refund of the Exhibitor Monies. Due to new health & safety requirements, all marquees/tents/gazebos need to be anchored or weighted as a precaution against high winds. The Show’s health & safety officer will inspect all structures to ensure compliance. The Exhibitor must not use any public address equipment, noisy engines or make any undue noise to cause a nuisance or inconvenience to other Exhibitors and/or the Organiser. The Organiser will decide whether or not the noise is a nuisance or inconvenience and may confiscate or remove the said equipment articles. Exhibitors who wish to use any form of powered equipment, other than stand lighting, must seek the prior agreement of the Show Organiser. If the Exhibitor is a charity or other institution wishing to make appeals for contributions to his funds, collections must not be made outside the Boundary of the Exhibitor’s Trade Stand. The sale of dangerous weapons, firearms, shotguns, air pistols or toys such as peashooters, catapults and BB guns is strictly forbidden. Any Exhibitor causing damage to the Covered Tentage canvas or Showground trees in any way will incur a penalty of £100.00 (plus vat if applicable) plus the cost of the repair of the damage, and the Organiser shall have the power to remove any offending Exhibit and/or Exhibitor and his Show Staff from the Showground. At the end of the Show, the Exhibitor must remove all his property from the site. If the Exhibitor does not do so, the Organiser shall remove and store the property. The property will be retained for 28 days after which time it becomes the property of the Organiser. If the Exhibitor collects the property within 28 days, the Organiser will release it when the accrued storage charges and any other money due have been paid. No liability for Organiser The Organiser shall not be held liable in any respect for any loss or damage suffered by the Exhibitor at the Show. The Organiser shall only be liable for any personal injury suffered by the Exhibitor as a result of the Organiser’s negligence. The Exhibitor shall be fully liable for any of his acts or omissions, negligent or otherwise, which cause loss, damage or injury to the Exhibitor or to any other person. For the avoidance of doubt, the Organiser shall not be liable in any respect for any such occurrence. Observance of Terms and Conditions The Exhibitor and his Show Staff while on the Showground before, during and after the Show shall be subject to these Terms and Conditions or any other rules, conditions or requirements of the Organiser. The Organiser has the right to order the removal of any article from the Showground or to close the Trade Stand of the Exhibitor if he does not conform to these Terms and Conditions or the directions of the Organiser and if necessary to expel such Exhibitor or his Show Staff from the Showground. Legal interpretation Where there are two or more persons included in the expression ‘the Exhibitor’, any terms binding the Exhibitor shall be deemed to be made by all such persons jointly and severally. ‘Organiser’ and ‘Exhibitor’ includes their employees, volunteers and agents. Words in the singular also include the plural and vice versa. Words importing the masculine gender also include the feminine gender.