Exhibition Terms and Conditions | Rail Infrastructure Networking

1. Definitions and interpretation

(i) In these Conditions the following definitions apply:

the Charges	an amount of £415 (+ VAT) for the London event, £350 (+ VAT) for the Derby event, or £445 (+ VAT) for the Harrogate event payable by the Exhibitor to the Organiser to reserve a Space at the Exhibition;
Contract/Conditions	means the terms and conditions set out in this document;
Exhibition Booking Confirmation	a confirmation receipt issued by the Organiser to the Exhibitor to confirm the allocation of a Space at the Exhibition which shall include a print at home badge/pass, date, time and venue of the Exhibition
Exhibitor	means any person firm or company who has made application for and who has been granted a Space at the Exhibition
Exhibition Services	means services which are inclusive within the m² space rate such as publicity material, security, cleaning, traffic management, exhibition catalogue listing and any other services which the Organiser may from time to time offer at their discretion
Exhibition	Exhibition means Rail Infrastructure Networking (RIN);
Organisers	means Jobson James Rail which is a trading name of Aston Lark Limited
Force Majeure	means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, strike, lockout or boycott, but excluding the Exhibitor’s inability to pay or circumstances resulting in the Exhibitor’s inability to pay
Intellectual Property Rights	means patents, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply for and be granted) renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
Space	means the area in the Exhibition applied for or allotted to the Exhibitor including any fixtures and fittings thereon
Visitors	means persons visiting the Exhibition
Vulnerable Persons	means persons under the age of 18; and people who need or may need care services because of mental or learning disability, other disability, age or illness, pregnant women and those who are, or may be, unable to take care of themselves or unable to protect themselves against harm

(ii) In these Conditions, unless the context requires otherwise:

any clause, schedule or other headings in these Conditions is included for convenience only and shall have no effect on the interpretation of the Conditions;
a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;
a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
a reference to a ’company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;
a reference to a gender includes each other gender;
words in the singular include the plural and vice versa;
any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form (excluding email);
a reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under the Contract; and
a reference to legislation includes all subordinate legislation made under that legislation.

2. CONTRACT

No stand will be reserved or treated as allocated and no binding Contract shall exist until the Exhibitor has paid the Charges to the Organiser and has received the Exhibition Booking Confirmation.

The Contract constitutes a license to exhibit and not a tenancy. The Organiser reserves the right at any time to make such alterations to the floor plan of the Exhibition as may in its opinion be necessary in the best interests of the Exhibition and to alter the shape, size or position or space allocated to the Exhibitor (including reciting of the features). If, as a result, the space allocated to the Exhibitor shall be reduced, a proportionate allowance will be made to the Exhibitor by adjustment of the Charges. No alteration to the space allocated will be made in such a way so as to impose on the Exhibitor any greater Charges than those agreed in the Contract.

In case of non-payment of any sum due from the Exhibitor (whether formally demanded or not) or of any other breach or non-observance by the Exhibitor of any of these Terms and Conditions the Organisers shall have the right to revoke his licence and re-enter upon the allotted space to remove and exclude the Exhibitor and all persons therefrom without prejudice to the right to recover all sums payable by the Exhibitor hereunder and without prejudice to any other right or remedy available to the Organisers.

3. PAYMENT

If the Organiser does not receive full payment of Charges in cleared funds by the date of the, the Organiser may, at its discretion:

exclude the Exhibitor from the Exhibition; or
terminate the Contract and the full outstanding amount due there under will be payable); or
charge the Exhibitor interest at the rate of 4% over the base rate from time to time of Lloyds Bank plc in respect of the period from the due dates for payment thereof until receipt thereof by the Organiser.

Each Exhibitor is responsible for settling all accounts for charges and expenses incurred in connection with the Exhibition, which are initiated by him, his agent, representative or contractor and must discharge all such liabilities forthwith when called upon to do so.

4. EXHIBITOR CANCELLATION/REDUCTION OF SPACE

In the event that an Exhibitor either wishes to cancel his space booking or reduce the size of his space booking after acceptance by the Organisers then the Organisers reserve the right (but without being obliged to do so and without prejudice to any other right or remedy available to the Organisers) to apply cancellation/reduction charges and to reallocate such space.
If the Exhibitor wishes to cancel or reduce the size of his stand then written notice of such wish must be forwarded to and received by the Organisers in accordance with the Notice provisions set out hereunder
Notwithstanding that the Organisers may resell or reallocate the cancelled stand space (or the space by which it is reduced) after payment of the cancellation charges, the Organisers shall be under no obligation to reimburse all or any part of such cancellation/reduction charges.

5. ORGANISER CANCELLATION OF EXHIBITION AND FORCE MAJEURE

The Organisers shall not be liable to the Exhibitor by reason of any cancellation or part time opening of the Exhibition, either as a whole or in part, for any non-performance of their obligations under this contract or in each case to the extent that such occurrence is due to circumstances relating to Force Majeure and not within their control.
The Exhibitor shall not have any claim against the Organisers in respect of any loss or damage whatsoever consequent upon the Exhibition failing (for whatsoever reason) to be held or the Exhibition venue being or becoming wholly or partially unavailable for the holding of the Exhibition for whatsoever reason. If by re-arrangement or postponement of the period of the Exhibition or by substitution of an alternative venue for the Exhibition or by means of any other reasonable matter or thing the Exhibition can be held the contracts for space shall be binding upon all parties save that the same shall be deemed to be varied so as to allow for any necessary change in venue, dates or period of the Exhibition, stand size, location or otherwise.
In no circumstances will the Organisers accept, sign or otherwise assume responsibility for any goods or other material on behalf of an Exhibitor or for any removal/lost of any goods or materials.

6. RELOCATION

For the avoidance of doubt any contract between the Organisers and the Exhibitor for space is only for the area of such space and no allocation of the Exhibitor’s name to any particular part of any Exhibition floor plan or stand number will constitute any agreement warranty or representation by the Organisers that the Exhibitor is entitled to exhibit at the Exhibition in such particular location and the Organisers reserve the right without being required to give notice to the Exhibitor to alter the layout of the Exhibition floor plan or position of any stand at any time.

7. BADGES / PASSES

Exhibition badges shall be issued to the Exhibitor upon booking confirmation and the badges must be completed by the Exhibitor and their staff with the name of the rail company and the name of the individual attending the Exhibition
No Exhibitor will be admitted to the Exhibition without producing the badge issued by the Organisers, who reserve the right, at their discretion, to withdraw the pass issued to any person if complaints have been received concerning that person’s conduct
Badges as strictly non-transferable and the Organiser reserves the right to refuse admission of any individual in possession of an exhibitor badge who is not directly involved with the Exhibition.

8. OCCUPATION OF SPACE

The Exhibitor must occupy the space allotted to him by show opening time on the first day of the Exhibition. Any Exhibitor failing to do so will be deemed to have cancelled his space booking. In this event the Terms and Conditions relating to Cancellation will apply and the Organisers may resell or reallocate such space.

9. EXHIBIT PROFILE/REMOVAL OF EXHIBITS

Only exhibits pertaining directly to the Rail Infrastructure Industry will be allowed. The Organisers reserve the right to have removed from the hall any exhibit or item complementary to an exhibit not conforming in their opinion to this clause.

The Organisers reserve the right to require the Exhibitor to remove any exhibit or category of exhibit if the Organisers in their absolute discretion consider that the same is libellous of an obscene nature or may infringe the rights of any third party or which the Organisers consider in their absolute discretion to be undesirable or detrimental to the Exhibition, other exhibitors or the general commercial interests of the Organisers or any associated company.

10. ASSIGNMENT

The Exhibitor shall not be entitled to assign sublet or grant licences in respect of the whole or any part of the Space allocated to him, or assign or otherwise deal with his rights and obligations hereunder nor may any cards advertisements or printed matter of persons who are not bona fide Exhibitors be exhibited or distributed on any stand. This shall not apply to persons firms or companies being subsidiaries agents or principals of the Exhibitor at the time of booking. The Organisers shall be entitled to assign the benefit (subject to the burden) of the contract for space without notice to or consent from the Exhibitor.

11. CONDUCT OF EXHIBITORS AND VISITORS

Every Exhibitor shall ensure that the allotted stand is open to view and staffed by competent representatives during the Exhibition hours.
Exhibitors must conduct their business only from their stand and must not, under any circumstances, canvas Visitors in the aisles, or in any other areas.
All Exhibitors, Visitors and all persons for whom they may be considered responsible in any way whatsoever, must conduct themselves in such a manner as shall not be objectionable to any other Exhibitor, Exhibitor’s employee, visitor or the Organisers, and shall not create any disturbance or obstruction. Any person who does not comply with these requirements shall be liable, at the discretion of the Organisers, to be removed from the Exhibition buildings and refused re-admission during the period of the Exhibition.
Any Exhibitors or Visitors who are Vulnerable Persons must inform the Organiser of their attendance at the Exhibition to enable the Organiser to assess and cater to their needs at the Exhibition

12. ERECTION OF STANDS ON SPACES

No Exhibitor will be permitted to display any exhibit in such a manner as in the opinion of the Organisers obstruct the light or impede the view along the open spaces or gangways or to occasion inconvenience or otherwise affect the display of other exhibitors.

Exhibitors must provide the organisers with full details of their stand contractors and sub-contractors. Exhibitors must also ensure their contractors and sub-contractors are aware of and comply with all Terms and Conditions and Rules and Regulations for the exhibition as issued from time to time by the Organisers.

13. FIRE PRECAUTIONS AND EVACUATION

All materials used for building, decorating or covering stands must be of non-flammable material. Exhibitors must comply with all instructions and evacuation procedures given by the relevant authorities and Organiser to avoid the risk of fire and deal with instances of fire at the Exhibition. An Exhibitor committing a breach of any of the above provisions will be liable for all claims; loss and damage thereby caused and will indemnify the Organiser in respect thereof.

14. ATTENDANCE

The Exhibitor acknowledges that the Organisers shall not be held responsible for the failure of all or any other contracted exhibitors to attend the Exhibition or the failure of any number of attendees to attend the Exhibition for any reason.

15. ELECTRIC POWER

The Organiser shall be under no duty to supply electric power for any Space at the Exhibition. In cases where electric power is available for use at the Exhibition, the Exhibitor shall ensure that all electrical installations on their Space comply with any statutory or local regulations or requirements to which the Exhibition may be subject.

16. FOOD AND DRINK

The Organiser shall be under no duty to provide food and/or refreshments and drinks to the Exhibitor at the Exhibition
Any Exhibitor that provides food and/or refreshments and drinks to Visitors must comply with the provisions of the Food Safety legislation and regulations and the requirements of all relevant Authorities. Where food or drink is supplied from the Stand in cartons or bottles or other disposable container or wrapping, the Exhibitor must provide a container or containers of adequate size on the Stand for the disposal of empty cartons, bottles, etc. The Exhibitor is responsible for the periodic emptying of his own container or containers and must keep the area clean and tidy and free of debris.

17. CAR PARKING AT THE EXHIBITION VENUE

The Organisers shall give no guarantee on the availability of car parking at the Exhibition venue and the Exhibitors and Visitors shall be responsible for their car parking arrangements when visiting the Exhibition. Where car parking is available at an Exhibition venue, the Exhibitors and Visitors must at all times fully and promptly comply with the directions of the venue management for parking and parking charging of their vehicles.
The Organisers shall not accept any responsibility whatsoever for damage to, or theft from, vehicles parked in any car parking at the Exhibition venue

18. INDEMNITY

The Exhibitor shall fully and effectually indemnify the Organisers against all costs claims demands proceedings and losses whatsoever made against or incurred by the Organisers as a result of the Exhibitor exhibiting advertising promoting selling or supplying any goods or services at the Exhibition and as a result of or in connection with the Exhibitor’s breach of any of the Exhibitor’s obligations under the Contract.

19. INSURANCE AND EXCLUSIONS

Exhibitors and any stand sharers shall make sure that they are fully covered by insurance including, but not restricted to, all risks on their property, exhibits or articles of any kind, minimum of ten million pounds for employers’ liability, minimum of Five million pounds public liability and comprehensive protection against any loss or damage caused by any circumstance whatsoever whether by reason of fire, water, theft, accident or any other cause.
The Exhibitor and any stand sharers shall insure against, indemnify and hold the Organisers harmless in respect of all costs, claims, demands and expenses to which the Organisers may in any way be subject as a result of any loss or injury arising to any person (including members of the public or the Organisers, staff, agents or contractors) or property howsoever caused as a result of any act or default of the Exhibitor, his servants, agents or contractors or invitees.
If the Organisers so demand the Exhibitor shall provide proof to the Organisers that the Exhibitor has adequate insurance cover. In addition, Exhibitors may wish to take insurance for losses and wasted expenditure in the event of the Exhibition being cancelled, abandoned or curtailed. Exhibitors must ensure that their temporary staff and the staff of their agents or contractors are insured against claims for employer’s liability and/or workman’s compensation. The period for which such insurance shall be maintained shall run from the time the Exhibitor or any of his servants, agents or contractors first enters the Exhibition grounds, and continue until he has vacated the Exhibition grounds and all his exhibits and property have been properly removed.
The Organisers their servants or agents shall not be liable for any loss or damage (including consequential or indirect loss or damage) suffered by the Exhibitor his agents, contractors or invitees whether such loss or damage arises from breach of a duty in contract or tort or in any other way (including loss or damage arising from the Organisers negligence) and which shall include (but not by way of limitation) loss of profits; loss of contracts, loss of or damage to property or goods of the Exhibitor or any other person, or (but only so far as such injury is not caused by the Organisers’ negligence) personal injury to the Exhibitor or any other person.
The Organisers shall not in any event be held responsible for any restriction or conditions which prevent the construction, erection, completion, alteration or dismantling of stands or the entry, siting or removal of exhibits, or for failure of any services or amenities provided or contracted to be provided by the venue owner or other third parties.
The Organisers shall not be liable in respect of any contract entered into between the Exhibitor and any official contractor appointed by the Organisers for the negligence or default of any such contractor, its servants or agents.

20. AFTER THE EXHIBITION

Exhibitors are responsible for the complete removal from the Exhibition of all exhibits, i.e. Stands built on space goods and materials used by them, together with all waste and rubbish, in accordance with the directions of the Organiser. Should any Exhibitor fail to remove any of the foregoing within the time stipulated by the Organiser, then the Organiser shall be entitled but not obliged to remove and dispose of such materials without liability to the Exhibitor, who shall be liable for and indemnify the Organiser in respect of all liabilities, costs and expenses thereby suffered or incurred and the Exhibitor shall also indemnify the Organiser in respect of any claim or liability suffered or incurred by the Organiser for failure to give possession of all or any part of the Exhibition hall to the owner on the due date.

21. DATA PROTECTION

By completing the Exhibition booking, the Exhibitor is consenting, under all relevant data protection legislation, to the Organiser communicating with Exhibitors by telephone, fax, email and by post and using its personal information for the following purposes, namely: for the Organiser’s internal purposes which will include accounts processing, internal analysis of Exhibitors, inviting Exhibitors to other events organised by the Organiser or its group, disclosure of information to contractors who provide services in respect of the Exhibition (including but not limited to shell scheme, security, registration, cleaning and freight contractors, caterers and electricians), disclosure to direct mailing contractors and disclosure or transfer of Exhibitor’s personal data to members of the Organiser’s group worldwide to allow the group to further develop its business and its services to Exhibitors. The Organiser may also pass Exhibitor details to third parties who provide goods and services likely to be of interest to Exhibitors. Please contact the Organiser in writing if you do not wish your personal information to be used in any of the ways mentioned above.

22. INTELLECTUAL PROPERTY

The Organiser shall not be liable for any liability the Exhibitor may incur in respect of the infringement of any copyright, trade mark, service mark, patent, trade name, registered design, designs or other form of intellectual or industrial property or any know-how, confidential processes or any other protected rights, assets or interest arising out of its participation in the Exhibition. Exhibitors should seek appropriate advice as regards protection of their rights whether inside or outside the UK.
The Exhibitor shall not acquire or receive any right, or entitlement to or in connection with the Exhibition or its name or any logo or any other Intellectual Property Rights owned by the Organiser through exhibiting in the Exhibition or through the use of any such rights in advertising and promotional materials or otherwise and undertakes to the Organiser not to seek or claim any such right or entitlement.

23. NOTICES

Any notice given by a party under these Conditions shall:
Notices may be given, and are deemed received:
Royal Mail Recorded Signed For
second
fourth
Any change to the contact details of a party as set out in the Contract shall be notified to the other party in accordance with clause 0 and shall be effective:
second
All references to time are to the local time at the place of deemed receipt.
This clause does not apply to notices given in legal proceedings or arbitration.
A notice given under these Conditions is not validly served if sent by email.

24. VARIATION

No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and these Conditions and is duly signed or executed by, or on behalf of, the parties.

25. WAIVER

No failure, delay or omission by the Contract in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.

26. COMPLIANCE

The Exhibitor shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to it and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with the Contract.

27. THIRD PARTY RIGHTS

Except as expressly provided for in clause Error! Reference source not found., a person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.

28. GOVERNING LAW

The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.

Version last updated 1^st March 2018