West Wilts Show 2009 Terms and conditions for Hire

							                                     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.