Terms and Conditions
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BODY MIND SPIRIT (BMS) – (R J Matheson 2023 Ltd)
CONTRACTUAL STANDARD TERMS AND CONDITIONS
1. In the Contract, of which these Standard Terms and Conditions forms part :
a). Exhibition includes any part of the Exhibition (including the Stand) and any event or promotion organised by BMS. The Stand means the floor space comprising the Stand Number and Stand Size allocated by BMS to the Exhibitor and includes the Standard Package Inclusion
c). If there is more than one Exhibitor, their obligations shall be joint and several.
2. The Stand is licensed by BMS to the Exhibitor for the Expo Event in accordance with this Contract. The license is personal, cannot be assigned without BMS written consent and does not create a tenancy or give any right to quiet enjoyment to the Stand or any other area within the Exhibition. The Stand shall be occupied solely by the Exhibitor and shall not be sub-license to or to be otherwise occupies by any entity other than the Exhibitor, without the prior approval in writing of BMS
3. The exhibitor shall continuously man the Stand during the Exhibition Event. The Exhibitor shall not operate or promote the Goods and Services in or otherwise obstruct any aisles or walkways. The Exhibitor is not permitted to display on or promote from the Stand any other products or services other than the Goods and Services, without prior approval in writing from BMS
4. The Exhibitor shall keep the Stand clean and tidy and shall ensure that no offensive smells, improper language or nuisance emanate from the Stand. Candles must not be lit during the event
5. Where an entity is permitted to sub-license all or part of the Stand from the Exhibitor, the sub-licensee shall be bound by the same terms and conditions in connection with the Stand as apply to the Exhibitor. The Exhibitor shall be responsible for the observance and performance by the sub-licensee of all such obligations.
6. BMS reserves the right in any reasonable circumstances to allocate another stand or space to the Exhibitor or to reduce the size of the Stand. The Exhibitor agrees to any such reduction to the size and/or the site reallocated by BMS In the case of size reduction, BMS will allow the Exhibitor a pro-rata reduction in the total Stand Costs. BMS also reserves the right to make changes to the layout of the site – if changes are made to a stand then BMS will make contact with the Exhibitor to advise of these and offer alternatives if necessary
7. The Exhibitor shall be liable for any damage caused by the Exhibitor to any part of the Venue in which the Exhibition is housed. BMS shall be the sole judge as to whether and to what extent any such damage has been done.
8. The Exhibitor shall at all times comply with all legislation and statutory and other regulations applicable to the Exhibition or this Contract. It is the responsibility of the Exhibitor to be aware of and to fully observe and perform all such provisions.
9. The Exhibitor must observe all Venue rules and safety directions issued either by BMS, Safety Officer, Warden or by the owner of the Venue. In the event that there is any conflict or inconsistency between such rules and this Contract, the terms of this Contract shall prevail. This includes all pack in and out requirements to meet the venue rules.
10. The Exhibitor is liable for all acts of its employees, agents or contractors.
11. The Exhibitors display must be of a reasonable and proper standard and in keeping with the dignity, content and atmosphere of the Exhibition. BMS reserves the right to give directions concerning any display and to reject any display that is not to the standard required by BMS
12. BMS reserves the right to stipulate that a particular person(s) shall not man the Stand or be involved in the promotion of the Goods and Services at the Exhibition.
13. BMS reserves the right to reject any product or service being or to be displayed where it judges this to be not in the best interests of the Exhibition.
14. The Exhibitor must not remove any part of the Stand or any display of the Goods and Services during the Exhibition, without BMS prior permission. Pack down and leaving the event is not permitted until the event reaches its conclusion
15. Microphones, sound amplification and machine demonstrations from, at or within the Stands are permitted only where the level of sound causes no annoyance to other Exhibitors or the visiting public, as determined solely by BMS
16. BMS shall not be responsible for any loss, injury or damage suffered by any person or persons while within the area of the Stand. The Exhibitor indemnifies BMS against any liability for or arising out of any and all such injury, loss or damage in the event of any claim made against BMS regardless of the cause of any such injury, loss or damage.
17. BMS does not insure and accepts no liability for any loss or damage to the Stand (or any equipment, exhibits or products in the Stand), suffered by the Exhibitor caused by or arising from any cause whatsoever. The Exhibitor shall be solely responsible for taking out any insurance to cover the Exhibitor against and such loss or damage.
18. BMS shall solely determine when the Exhibition shall open to exhibitors and the public these hours will be advised and displayed on the website
19. BMS reserves the right at any time to postpone or amend the stated dates of the Exhibition without any liability to the Exhibitor.
20. BMS shall not be liable in any way whatsoever for any liability, loss or damage (including consequential loss, loss of profit or loss of publicity) incurred by the Exhibitor.
21. Payment of Stand Fees
Stand fees are noted on the Site Floor Plan of the website. Prices are subject to change
When completed registration forms are received the process is outlined below:
Upon acceptance to the Expo…..
Stand requested is noted as “SOLD” on the website
a) An invoice for $100.00 non refundable deposit is issued for the stand – this must be paid within 14 days to secure your requested stand. You will be sent a reminder if payment is not received however should the payment not be received in that timeframe then the stand will be re-allocated on the website as “AVAILABLE” and the stand will be available for others to reserve. If reserved by another Exhibitor you will be advised and a request for another stand will be required from you
b) Upon payment of the non refundable deposit you will be issued with an invoice for the balance of your stand. Full payment of this invoice is due 14 days prior to the first day of the Expo – if payment is not received by this date the process will be the same as above and the stand will be marked as “AVAILABLE” on the website. Part payments are welcome up to the 14 day period but as mentioned full payment must be received
22. If the Exhibitor wishes to withdraw from participation in the Exhibition, the Exhibitor shall give BMS written notice of its intention to so withdraw. In the event that the Exhibitor provides such written notice at any time, which is 30 days or more from the opening day of the Exhibition, the Exhibitor will be required to pay BMS 50% of the invoiced contract total within 14 days of such notice.
23 If the Exhibitor gives notice to withdraw from participation in the Exhibition within 0-30 days from the opening day of the Exhibition, the Exhibitor shall give BMS written notice of its intention to withdraw and the Exhibitor will be required to pay BMS 100% of the invoiced contract total within 14 days of such notice.
BMS reserves the right to engage Debt Collection agencies to source payment for any outstanding invoices and all charges for this service will be added to outstanding invoices with BMS
BMS reserves the right to resell stands that have been forfeited for any reason and no payments will be made to the original Exhibitors should the stand be resold
24. Refund Policy
As mentioned the $100.00 deposit is non refundable
If the holding of the Exhibition (or performance of this Contract by BMS is prevented, post boned or abandoned by reason of any cause not within the direct control of BMS including [without limitation] fire, storm, lighting, national emergency, labour dispute, strike, lockout, civil disturbance, explosion, inevitable accident or any other ground force of majeure, and whether or not the same renders the Exhibition site in general or the Stand in particular wholly or partially unsuitable or unavailable for the holding of the Exhibition), BMS may terminate this Contract in its sole discretion by notice in writing to the Exhibitor. If such termination occurs before the opening of the Exhibition, BMS shall refund in full the Stand cost paid by the Exhibitor, (except the $100.00 non-refundable deposit).
If the termination occurs under this clause after the Exhibition has opened, BMS will refund to the Exhibitor the pro-rata proportion of the invoice contract total from the time of termination to the publicised time of closure of the Exhibition.
25. Upon completion of the Exhibition, the Exhibitor shall dismantle and remove all of its property from the Stand in accordance with any directions provided by BMS If the Exhibitor fails to remove any applicable articles within or forming part of the Stand within the required time, BMS shall have the right to remove and store them at the cost of the Exhibitor.
26. BMS may sell any of the Exhibitors property removed by BMS pursuant to Clause 22/23 and may apply the net sale proceeds towards any amount due by the Exhibitor to BMS In such case, the Exhibitor or any parties claiming through the Exhibitor shall have no claim against BMS whether in trespass, conversion or otherwise.
27. BMS has the right to take and retain photographic/video images of the Exhibition, including of individual Stands and products. Copyright in such images shall belong to BMS
28. In the event of the Exhibitor breaching any of these Conditions, BMS may terminate this Contract on written notice to the Exhibitor.
29. The Exhibitor acknowledges that :
a). This Contract comprises the entire agreement between BMS and the Exhibitor on the subject matter of this agreement and there are no additional items agreed between them.
b). Any Variation of the terms of the Contract will be effective only if in writing and signed by both parties.
c). BMSHE may assign the benefit of this Contract without the prior written approval of the Exhibitor.
d). All amounts quoted in this Contract are GST Inclusive except where specially stated to the contrary.
e). The governing law of this Contract is the law of New Zealand, and the courts have non-exclusive jurisdiction to hear and determine matters relating to this Contract.
f). Any fees for international transaction are at the Exhibitors own cost.
30. Electrical – should the Exhibitor request power at their stands then all electrical items being plugged into the power sources will need to meet current electrical standards and be Test and Tagged before they can be used at the event. Proof of this will be required. There will be an option to have Test and Tagging done on the first day of the event and information about this requirement and service will be sent to you should you request a powered stand. This is a requirement of the venue and will be checked by them as part of their Health and Safety checks during the event
