The contract (hereafter referred to as the Contract) between the Organiser and the Exhibitor consists of the terms and conditions below, serving as rules and regulations, the reservation document that formed part of the application, signed by the Exhibitor, and the technical specifications. The Exhibitor hereby confirms they have read these documents and accept all terms contained within. These terms and conditions and the appended document apply to all Exhibitors at the Exhibition.
By signing the reservation order, the Exhibitors unconditionally agree to respect the clauses of the Contract and any further amendments that are dictated by circumstance and adopted in the interest of the Exhibition by the Organiser, who reserves the right to inform the Exhibitor of such amendments verbally if necessary. The Exhibitor is not permitted to sublet or transfer their booth, in whole or in part, and will be immediately excluded under such circumstances.
Exhibition catalogue: electronic or printed document designed specifically for the Exhibition, which remains the property of the Organiser. It consists of the list of exhibitors, their contact information, their Booth information and any other useful information relating to the Exhibition.
Exhibitor: any professional, whether a natural person or legal entity, having submitted a completed Booth reservation form to the Organisers with the intention of participating in the exhibition.
Organiser: Bedouk Editions, is a simplified joint stock company with a capital of €700,000, based at 10 place du Général de Gaulle, 92160 Antony, France, commercial registration number 326 068 822 at Nanterre.
Exhibition: the Bedouk trade exhibition exists for the promotion of the business tourism industry, and is open to exclusively to ticket-holders.
Booth: space made available to the Exhibitor by the Organiser during the Exhibition, as set out in the Contract, allowing the Exhibitor to present their products or services and/or to meet with clients and partners, and/or colleagues.
The Contract serves to define the conditions under which the Organiser makes a Booth available to the Exhibitor during the Exhibition. The terms of the Exhibition, in particular the start and end dates, duration, the Exhibition location, opening and closing times and entry prices, are freely determined by the Organiser, who reserves the right to modify these unilaterally. Any decision to alter the Exhibition’s organisation, notwithstanding the date such a decision is made, does not authorise the Exhibitor to cancel their reservation.
Exhibitors shall not remove any of their products from the Exhibition until it is completed, even if it is extended beyond the previously established date.
B-TERMS AND CONDITIONS OF PARTICIPATION
1) Terms of participation
The Exhibitor categories shall be decided by the Organiser, who shall also establish the nomenclature used to describe the products and/or services being exhibited. The Organiser also reserves the right after examination to exclude any products and/or services that are deemed inappropriate for the Exhibition, or to accept the exhibition of products that do not fall within the Exhibition nomenclature but are deemed to be in the interest of the Exhibition. The refusal of a request does not allow for any indemnity. In such cases, any fees paid are simply refunded.
The Exhibitors agree:
to exhibit products and services in keeping with the theme of the event not to exhibit products or materials which do not conform to French laws, except in the case of products or materials solely destined for use outside of French territories not to engage in any publicity that is liable to mislead or that could be viewed as unfair competition • to present materials, products, procedures and services of their own devising or for which they act as agent or licensee.
It is strictly forbidden to engage in any direct selling during the exhibition.
2) Booth reservations
All professionals wishing to participate in the Exhibition should register their signed Booth reservation application and regulations with the Organiser. Unless the Organiser refuses this request for participation, the application constitutes a firm and irrevocable order by the Exhibitor, requiring the payment in full of the costs agreed. Regardless of the date at which the registration contract is received, the Organiser has until the opening of the Exhibition to reply.
3) Validation of the reservation applications by the Organiser
The Organiser is not required to justify any decisions made with regard to the Exhibitors’ reservation application. If the application is refused, any downpayment made will be reimbursed in full.
The same applies to Exhibitors placed on a waiting list, in cases where no booth is available, due to lack of available space when the exhibition opens.
Acceptance of the application is made by the Organiser’s reply, which may take the form of an invoice sent to the Exhibitor.
A reservation may be cancelled, despite acceptance and even after a booth has been allocated, if the Exhibitor’s affairs are found to be under the control of a court-appointed receiver or assisted by such, for whatever reason. The same applies to any reservation made by a company that has filed for bankruptcy between the application date and the Exhibition opening date. The Organiser reserves the right to authorise participation in cases where the company has been legally authorised to continue trading, on condition of immediate payment of outstanding fees.
4) Transfer/ subletting of Booths
No exhibitor may transfer, sublet or share their concession within the Exhibition, in whole or in part, for free or at a cost, without the prior written consent of the Organiser.
Several exhibitors may however be authorised to carry out a joint presentation, on the condition of having each previously lodged a request for approval with the Organiser and signed a request for co-participation.
C-BOOTH DESIGN AND AREA
1) Exhibition plan
The Organiser is responsible for the layout of the Exhibition and organises the allocation of space as far as possible according to the Exhibitors’ requests (in particular concerning the nature of their products, the arrangement of their Booth and the desired area) and also, where possible, according to the date the reservation was made. The Organiser reserves the right to modify the area and/or the layout of the Booth requested by the Exhibitor. Such modifications do not give the Exhibitor the right to unilaterally terminate their reservation. It is the Exhibitor’s responsibility to ensure the suitability of the layout before occupying their Booth. The Organiser is not responsible for any differences that may occur between the dimensions shown on the plan and the actual Booth dimensions.
The plan shows the general division of sectors surrounding the allocated position. Such indications are valid when the plan is established, and are shown as an example only, and are be subject to modifications that may be brought to the attention of the Exhibitor.
Any complaints regarding the Booth allocation as shown on the plan should be presented in writing within eight days. After this time, the proposed space shall be considered as having been accepted by the Exhibitor. The Organiser is unable to reserve any position, nor guarantee such from one Exhibition to another. Moreover, prior participation in previous Exhibitions does not give the Exhibitor any favourable rights to any particular booth position, nor any priority in the allocation of space.
2) Booth installation
The Exhibitor agrees to adhere to, and to make others adhere to the terms of the technical file they will receive, in particular the specifications sheet of the proprietor or principal leaseholder of the Exhibition hall, as well as the technical information relevant to setting up and decorating the Booth.
Booth installation is carried out according to the general plan as established by the Organiser. The regulations concerning Booth construction are available from the Organiser upon request.
The Exhibitor is wholly responsible for any agents they employ for the installation, decoration and functioning of their Booth. They must also ensure the legal and financial integrity of all representatives and sub-contractors. The Organiser holds no responsibility for such matters.
The Exhibitor is also responsible for any damage caused by their installations to flooring, screens, windows, etc. They shall be responsible for any refurbishment costs in such cases. As a result, the Exhibitor should take out damage insurance in line with Article G.
The Organiser reserves the right to alter the costs of booth hire before the opening of the Exhibition should there be substantial alterations to the costs of materials, transportation and labour, or resulting from changes in financial or legal legislation.
The price of the booth varies according to type (bare, furnished, custom) and floor space (6 or 10 m²). It should be noted that no services (including the Booth) shall be delivered if fees have not been paid before the Exhibition.
1) General Services
The price of the booth includes, in addition to the space made available, a range of general services that are described in the Contract.
2) Optional Services
Optional services, for which a rate appears in the Exhibition media kit, may be ordered by completing the Exhibitor application form on the extranet platform.
The Organiser reserves all editorial, publishing and distribution rights for the Exhibition Catalogue within the Exhibition and outside, for free or at cost. The essential information for the catalogue is to be supplied by the Exhibitor within the timeframe set by the Organiser.. If the Exhibitor supplies such information after this time, the Organiser cannot be held responsible for missing information in the guide. In addition, the Organiser will not be held responsible under any circumstances for omissions, reproduction errors, design or any other errors that may appear in the guide. The Organiser is able to reject inclusion or modify any text deemed contrary to the aims of the Exhibition.
3) Additional Services
Additional technical services (e.g. electricity supply, loudspeakers, floral decoration for booths, parking, special insurance) may be purchased by the Exhibitor and will be quoted in advance.
Any requests for additional electrical supply should be made directly to the Organiser using the technical information pack and no later than six weeks prior to the start of the exhibition. All installations should conform to local police regulations. Splicing cables, flexible wiring, and aluminium and copper-covered cables and wiring are all officially prohibited. Any special equipment for low voltage fluorescent lighting should be made easily accessible and placed in metallic casing.
The cleaning of each Booth will be carried out as and at the time stipulated by the Organiser to the Exhibitors.
E-TERMS OF TERMINATION AND EXPLUSION
Any Exhibitor wishing to cancel their reservation or withdraw should do so by recommended letter with signed receipt, to the Organisers head office. If this is done more than two (2) months before the date of the Exhibition, 50% of fees will be due to the Organiser as compensation. If the Exhibitor cancels his or her reservation less than two (2) months before the date of the Exhibition, the full cost will be due to the Organiser as compensation.
If the Exhibitor has not begun setting up their Booth less than two hours before the Exhibition is due to open or if they have not paid all fees in full by the opening of the Exhibition, he or she will be considered as having withdrawn. In such a situation, the Organiser is allowed to make use of the Exhibitor’s booth without any right to refund or indemnity for the Exhibitor, even if the booth is reallocated to another Exhibitor.
Any breaching of the terms of the Contract and/or any written and/or oral directives given by the Organiser to the Exhibitor during the Exhibition will lead to immediate removal and expulsion of the Exhibitor at fault. This expulsion will be made without any right for the Exhibitor to claim back fees already paid or any indemnity of any kind, without prejudice to any other indemnity that may arise from any material or non-pecuniary losses incurred during the event of whatever nature. The Organiser will be able to use the space made available as it sees fit. Any actions which the Organiser is forced to take in order to ensure that the regulations are adhered to will be charged in full to those Exhibitors who have caused the situation to arise, at their own risks. In such cases, there will be no right of appeal to the Organiser.
G- INSURANCE - LIABILITY
As part of his or her operations, the Organiser has taken out civil liability insurance. In addition, the Exhibitor should take out an insurance policy in tandem with his or her application, covering him or her for any damages that may be caused to their property in relation to the Exhibition, within the terms set out by the Organiser.
The Organiser will not be held responsible for:
- theft or damages to clothes or personal objects of Exhibitors or visitors, even if they have been placed in the cloakroom any damages or accidents befalling the party renting the location in use.
- The rental of a Booth is not a security deposit agreement. In the case of theft from a Booth, the Exhibitor has no claims against the Organiser.
- If the organiser’s responsibility is invoked, for whatever reason, damages and interest and any reparations payable to the Exhibitor by the Organiser, all things considered, will not exceed the full total paid, exclusive of taxes, by the Exhibitor to the Organiser as part of the Contract.
- In the case of cancellation by the Organiser for reasons of force majeure, the Exhibitors hereby agree not to make any claims against the Organiser. After all costs have been paid, the remaining balance is shared out between Exhibitors pro rata, according to fees paid.
- The Organiser shall not be held responsible for damages caused indirectly, whatever their nature. Such indirect damages include any commercial damages, loss of data or information, loss of turnover or profits, loss of clients, loss of opportunity, temporary losses caused by another Exhibitor, trade defamation, in relation to or resulting from the leasing of a Booth, even if the Organiser has been made aware of the possibility of such losses or damages occurring.
H-APPLICABLE LAW AND DISPUTES
This Contract is governed by French law.
The Organiser will have the final decision on all cases requiring arbitration that result from the terms of this Contract. The Exhibitor understands and accepts that all decisions by the Organiser in such cases are final, without appeal and immediately enforceable. In the case of appeal, The Exhibitor agrees to submit his or her complaint to the Organiser in writing before taking any further action.
Any litigation arising from the exhibition or interpretation of the Contract will fall expressly under the jurisdiction of the Tribunal de Commerce de Paris, even if there are multiple defendants or third party claims.
I- GENERAL TERMS AND CONDITIONS
Should any individual terms of this Contract be declared void or ineffective, it does not follow that the other terms are void or ineffective, unless the balance of the Contract is altered as a result.
Both parties mutually agree that if one party tolerates a given situation, this does not grant the other party any acquired rights. In addition, any such tolerance should not be interpreted as a rejection of the rights under discussion.
This is a translation into English, the original of which was prepared in French. All possible care has been taken to ensure that the translation is an accurate representation of the original. However, in all matters of interpretation of information herein, the original language version of this agreement takes precedence over this translation
APPENDIX: EXHIBITOR’S RESPONSIBILITIES
The Exhibitor agrees to respect the terms of the appendix below. Should the Exhibitor fail to do so, the Organiser may, at his or her discretion, exclude them from the current Exhibition, or from the next edition of the Exhibition.
i – COMMERCIAL BEHAVIOUR
1- The Exhibitor may not host any other company on their booth and may not engage in publicity for non-exhibiting companies in whatever form unless the co-exhibitor is registered with the organizer.
2- The Exhibitor may not engage in the distribution of documents or catalogues outside or in front of their Booth, unless this has previously been agreed with the Exhibition Organiser.
3- The Exhibitor shall assume responsibility for the presentation, exploitation, and commercial rights of the materials, products and services they exhibit, in accordance with the conditions established by the law and current regulations. Such measures must be taken before materials, products and services are presented. The Organiser can accept no responsibility in such cases, in particular in the case of litigation with another Exhibitor or visitor.
4- The Exhibitor undertakes to receive visitors to their Booth during the full duration of the Exhibition. Booths should be maintained to the highest level of cleanliness and furnished and decorated throughout the Exhibition. The Exhibitor must designate a person responsible for the upkeep of the booth, which the Organiser can duly consult. It is prohibited to leave any exhibited items covered during Exhibition opening hours, and to engage in any cleaning of the Booth. Employees must be properly dressed and act in a courteous manner. Interviews, research by newspapers or magazines or private firms are strictly forbidden within the Exhibition, unless previously authorised by the Organiser.
ii.BOOTH SETUP AND SAFETY
1) Booth setup
The Organiser will establish the dates for booth setup before the opening of the Exhibition. Setup must be completed the day before opening, in accordance with the setup and dismantling schedule included with the technical specifications.
Individual booth decoration should be carried out by the Exhibitors at their cost and is their own responsibility. It should be in accordance with safety regulations set out by the authorities, building regulations and the signage established by the Organiser. Depending on the Exhibition space and its regulations, and in accordance with the rules set out in the technical specifications, Exhibitors may have the possibility of designing multi-level booths, with the prior written consent of the Organiser.
The Organiser decides on all terms of display, the conditions for all audio, lighting or audiovisual processes, as well as the conditions for any show, attraction, promotional activity, entertainment, survey or opinion poll that takes place within the Exhibition. The Organiser shall also determine the conditions for any audio or visual recording that takes place within the Exhibition. Luminous signs must be authorised in writing.
The Organiser reserves the right to remove, destroy or modify, at the Exhibitor’s cost, installations or materials (including carpets and hangings) that are seen to be damaging to the overall aspect of the Exhibition, or liable to cause offence to other Exhibitors or visitors, or that do not conform to the plan and design previously submitted for approval and/or that do not conform to regulations, particularly concerning safety.
Under no circumstances should the Exhibitor’s arrangement of their Booth exceed the height dictated by the modular Booth and 2m50 overall (from the floor of the building to the highest point of the Booth). It is prohibited to modify the Booth’s construction, install any awning or to fix any decorative items to the Booth structure as installed by the Organiser. Any Exhibitor wishing to alter the Booth through additional construction should supply a model to the Organiser at least two months before the Exhibition opening.
Any alterations or installations that are dependent on another Exhibitor’s Booth to be set up need to be made with the express consent and on the date fixed by the Organiser.
The Exhibitor should be present or delegate a suitably trained individual during the visit by the safety officials, and conform throughout the exhibition to all safety measures established by the authorities, and to safety measures requested by the Organiser or the managers of the site. In special or contentious cases, the Exhibitor will be asked to seek the approval of the local Police authority’s safety division (Commission de Sécurité de la Préfecture de Police). They must justify this to the Organiser.
The Exhibitor is asked to respect and to solicit their employees to respect the safety measures imposed by the administrative or judicial authorities, as well as any further security measures that might be taken by the Organiser. The Exhibitor should ensure in particular that during the setup of the Booth, all employees and sub-contractors conform to working regulations and occupational health and safety procedures for the workplace. The Organiser reserves the right to verify that such measures are being adhered to. Supervision is carried out under the Organiser’s control; their decisions regarding the application of security are immediately enforceable.
3) Booth dismantling and return
The Exhibitor agrees to respect the dates set out by the Organiser for Booth dismantling, removal of products and materials as well as the schedule for cleaning upon leaving the Exhibition. Concerning dismantling, removal and cleaning, the Organiser is entitled to proceed with operations at the cost and risk of the Exhibitor where operations have not been carried out by the Exhibitor within the established timeframe. Any non-observance by the Exhibitor of the occupation limit entitles the Organiser to charge a penalty of five hundred (500) euros per hour of excess, without prejudice to any other damages/interest. The Organiser is absolved of any responsibility regarding the installations and constructions erected by the Exhibitors.
The Exhibitors agree to take on the Booths as they find them and to return them in their original states. Any damages caused by an Exhibitor and/or their employees and/or their installations, materials or merchandise are solely the Exhibitor’s responsibility.
1) Entry to the Exhibition
Entry passes are made available to Exhibitors to be distributed freely amongst their personnel. These may not be resold in any form, nor may they be used as invitations for guests.
No person will be admitted to the Exhibition without an entry pass originating from or deemed acceptable by the Organiser. The Organiser reserves the right to refuse the right of entry without giving a reason.
2) Delivery of merchandise
Each Exhibitor will arrange for the transportation and delivery of his or her own merchandise. Exhibitors must conform to the Organiser’s instructions regarding the regulations for entry and exit of merchandise, particularly regarding the movement of vehicles within the Exhibition. Materials and products brought into the Exhibition cannot be removed during the Exhibition for whatever reason. Exhibitors or their agents cannot receive deliveries destined for other Exhibitors unless this has been contractually arranged. The Exhibitor cannot claim to have been wronged if delivery of a parcel or other item is refused. Operations involving merchandise can only take place outside of opening hours. Removal will take place according to the schedule mentioned in the specifications.
Import duties and customs procedures for products and materials transported from abroad are the Exhibitor’s responsibility. The Organiser is not responsible for any complications that may arise from such procedures.
Smoking is strictly prohibited within the Exhibition.
iv. PA SYSTEMS, PHOTOGRAPHY AND VIDEO
Any use of PA systems should be carried out with consideration for a reasonable volume level for the Exhibition and for neighbouring Exhibitors. If such rules are not adhered to, the Organiser reserves the right to cut off a Booth’s electrical supply. Each Exhibitor agrees to conform to their obligations to S.A.C.E.M. (French performance rights organisation) if he or she uses music on his or her booth and in his or her presentations, even if it is purely for demonstration purposes.
Photographers and camera operators can only be admitted with the Organiser’s authorisation. The use of television and video and any other audiovisual materials is permitted on booths.
The Organiser is authorised to take photographs during the Exhibition in which the Exhibitor’s products and/or employees may appear, and will have full and free use of such images without geographic or temporal limitation, for use in commercial or promotional activities for the Exhibition (leaflets, invitations, etc.), and using any media (print or electronic) and means of distribution.