|
Heres a few standard clause's event organisers slip into their contracts - ignoring them can be costly
POSTPONMENT OR ABANDONMENT.
The Caterer shall not have any claim against the Organisers in respect of any loss or damage whatsoever consequent up on the Event failing (for whatsoever reason) to be held or the Event venue being or becoming wholly or partially unavailable for holding of the Event for whatsoever reason.
Basically this means that if the event doesn't go ahead they have no responsibility to you.
If by re–arrangement or postponement of the period of the Event or by substitution of an alternative venue or by means of any other reasonable matter or thing, the event can beheld the contracts for space shall be binding upon all parties save the same shall be deemed to be varied so as to allow for any necessary change in venue, dates or period of the Event, stand size, location or otherwise.
In other words if they change the date duration or venue you are still contracted to attend, not liable to a refund and if you don't attend could even have action brought against you.
The Organisers shall not be liable for any loss or damage including consequential or indirect loss or damage suffered by the Caterer 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 way of limitation) loss of profits; loss of contracts; loss of or damage to property, goods of the Exhibitor or any other person; or personal injury to the Exhibitor or any other person (but only so far as such injury is not caused by the Organisers’ negligence).
In other words the organiser cannot be held responsible to you for almost anything that he does whether in the contract or by an act of negligence.
CANCELLATION
(i). In the event that an Caterer either wishes to cancel his booking after acceptance by the Organisers or fails to meet any of the payment obligations (whether as to the amounts or dates of payment) detailed on the Stand Space Application Form 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 retain100% of the fee: (ii). If the Caterer wishes to cancel then written notice of such wish must be forwarded to and received by the Organisers by Recorded Delivery Post. For the avoidance of doubt the Organisers shall not be obliged to accept the Exhibitor’s notice of cancellation. (iii). 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 charges.
In other words if you don't pay on the dates specified they can cancel your pitch and you forfeit the monies paid. If you cancel you must notify them by recorded delivery, they may not accept the cancellation and still hold you responsible for the full pitch fee. If they resell the space after your cancellation, and they will still charge the specified cancellation fee.
RELOCATION.
For the avoidance of doubt any contract between the Organisers and the Caterer for event stand space is only for an amount of such space and no acceptance by the Organisers of the Caterers Stand Space Application Form or allocation of the Caterers name to a particular part of the Event floor plan stand number will constitute any agreement warranty or representation by the Organisers that the Caterer is entitled to exhibit at the Event in such a particular location and the Organisers reserve the right without being required to give notice to the Caterer to alter the layout of the Event floor plan or position of any stand at anytime.
In other words they can move you were they like without any notice of change, even if you have agreed a particular pitch and you have no right or comeback
SPACE NOT OCCUPIED.
The Caterer must occupy the space allotted to him by opening time on the first day of the Event. 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.
In other words if you are late they can keep your pitch fee and sell the space to another trader.
ASSIGNMENT.
The Caterer shall not be entitled to assign sublet or grant licenses in respect of the whole or any part of the space allocated to him, or assign or other wise deal with their rights and obligations. In other words you cannot subcontract the pitch to another trader for any reason
This list is by no means exhaustive but it does give you an insight into the type of clause's that are often buried in the terms and conditions and just how restrictive or even damaging they can be.
So please be careful, get a magnifying glass and read the small print before you sign anything. Is there anything we can do about it ? - Probably not, event organisers are pretty good at protecting their ‘assets’!
|