IOSH 19

iosh

Exhibitor booking terms and conditions

Terms and conditions 

These terms and conditions govern the sponsorship of and booking of exhibition space at the Event by the Exhibitor/Sponsor. They are binding between the Organiser and the Exhibitor/Sponsor.

PLEASE PAY PARTICULAR ATTENTION TO CLAUSE 5 BY WHICH A FEE IS CHARGED FOR FAILURE TO
USE STANDS AND CLAUSES 8 AND 9 BY WHICH WE LIMIT OUR LIABILITY.


The “Organiser” refers to IOSH Services Limited, a company registered in England & Wales under number 01816826
and VAT number of 705324269 with a registered address at The Grange, Highfield Drive, Wigston, Leicestershire, LE18 1NN.

In these terms and conditions:
“Acceptance Form” is the form by which the Exhibitor/Sponsor accepts an offer from the Organiser to enter into an agreement to sponsor the Event or book exhibition space at the Event.
“Event” means the IOSH annual conference and exhibition 2019.
“Exhibitor/Sponsor” refers to the person whose details are included in the Acceptance Form.
“IOSH” means the Institution of Occupational Safety and Health. The Organiser and the Exhibitor/Sponsor are individually referred to as a “party” and jointly as the “parties”.

1 The Agreement

1.1       The agreement for the non-exclusive sponsorship of the Event and/or booking of exhibition space at the Event
by the Exhibitor/Sponsor (the “Agreement”) comes into effect when the Exhibitor/Sponsor returns to the
Organiser a completed and duly executed Acceptance Form together with full payment of:

          (i)          on return of the Acceptance form, full payment is due within 30 days.
1.2       The Acceptance Form is returned when it is actually received by the Organiser.
1.3       The Agreement is for the benefit of the Organiser, the Exhibitor/Sponsor and IOSH only.

2 Payment

2.1       When the Acceptance form is returned, full payment of fees is due within 30 days.
Failure to do so shall entitle the Organiser to terminate the Agreement with immediate effect and obtain
compensation for damages. The Exhibitor/Sponsor shall not be entitled to any refunds.

2.2       The Exhibitor/Sponsor shall be responsible for the settlement of contractors’ accounts in respect of items ordered in addition to those supplied by the Organiser under the Agreement. The Organiser reserves the right to make
reasonable changes to the items which are due to be supplied to the Exhibitor/Sponsor for use during the Event if
it has good cause to do so.

2.3       Payments required to be made in connection with the sponsorship or booking shall be made in pounds sterling (£)
and the Exhibitor/Sponsor shall be responsible for any related bank, currency conversion or other charges and
expenses. Payments made by the Exhibitor/Sponsor to the Organiser shall be deemed to have been made when
payment is received by the Organiser in cleared funds.

3 Change of date or venue/Event cancellation

3.1       If the Event is affected by fire, flood, extreme weather conditions, violence, damage, strike, civil disturbance, political unrest, riot, labour dispute, power cut, safety issues or other circumstances beyond the Organiser’s control, the
Organiser may: (i) change the date and/or venue of the Event; or (ii) cancel it altogether.

3.2        If the date and/or venue of the Event is changed, the fees paid shall be applied to any rearranged Event and the
Exhibitor/Sponsor waives all claims it might have for refunds, damages or expenses.

3.3        If the Event is cancelled under clause 0 or if the Exhibitor/Sponsor rejects a change of date and/or venue, the
Exhibitor/Sponsor will receive either a refund or credit note in respect of the fees received by the Organiser,
subject to an administration charge equivalent to 10% percent of the total amount of the fees due.

3.4        The Organiser may cancel the Event for commercial reasons in which case a full refund will be given.

3.5        The Exhibitor/Sponsor agrees that under the circumstances described in clauses 0 to 0 above it will have no
further claims against the Organiser and shall not be entitled to compensation.

4 Stands and Exhibits

4.1       The Exhibitor/Sponsor shall be entitled to have a stand, or such number of stands as previously agreed with the
Organiser, at the Event, to be used for an exhibit of the Exhibitor/Sponsor throughout the Event.

4.2       The Exhibitor/Sponsor does not acquire any property rights under the Agreement but only a personal licence to
occupy the stand(s) allocated to it by the Organiser during the Event.

4.3       The Organiser shall use reasonable efforts to allocate to the Exhibitor/Sponsor the stand(s) for which the
Exhibitor/Sponsor has indicated a preference prior to the commencement of the Agreement; however, the
Organiser does not promise that it will be able to do so. The Organiser will inform the Exhibitor/Sponsor of which
stand(s) are allocated to it by not later than 5 business days.

4.4       The Organiser shall have the right to make reasonable changes to the layout, arrangement and position of stand(s)
at the Event and/or the Exhibitor/Sponsor’s exhibit at any time to the extent that such changes are reasonably
required. The Exhibitor/Sponsor shall not be entitled to cancel the Agreement or obtain any refund or compensation
whatsoever as a result of such changes.

4.5       The Exhibitor/Sponsor must ensure that all its stands are used for its exhibit at all times during the Event. The
Event will be open to visitors during the times advertised and the Exhibitor/Sponsor’s exhibit must be ready at
least one hour prior to the opening of the Event each day. Exhibits must be fully set up, staffed and stocked at
all times and no exhibit can be dismantled, packed away or removed until the Event has ended. The Organiser
may reallocate any stands which are not used for any period of time, for use by other persons for a specified time
or throughout the rest of the Event, and the Exhibitor/Sponsor shall not be entitled to any refunds or compensation.

4.6       The Exhibitor/Sponsor may place its own promotional material and merchandise on the Stand, including the stand
walls, but is not allowed to display promotional material or merchandise of other persons. The Exhibitor/Sponsor
must not alter or tamper with the structure of the stand, including carpets, lights and surrounding areas and must
ensure that nails are not used. Failure to conform with this clause will render the Exhibitor/Sponsor liable for any
damage incurred. The Organiser reserves the right to remove any materials or literature considered to be of an
obscene or objectionable nature and remove any exhibit it considers to be unsafe. Compensation will not be given.

4.7       The Exhibitor/Sponsor shall make good and indemnify the Organiser for any damage to the shell scheme or the
premises by the Exhibitor/Sponsor, his agents, contractors or employees.

4.8       The Exhibitor/Sponsor must ensure that all its exhibits and other items are removed from the premises by 21:00 on
17 September 2019 unless the dates of the Event are changed in accordance with the provisions contained herein, in
which case the Organiser shall establish a new time and date for exhibits and items to be removed from the premises.

             The Exhibitor/Sponsor shall indemnify the Organiser for all costs and expenses incurred by it in storing and handing
the Exhibitor/Sponsor’s exhibits or other items and for any other expenses incurred by the Organiser as a result of
the Exhibitor/Sponsor’s failure to remove the exhibit on time.

5 Exhibitor/Sponsor cancellation

5.1        If the Exhibitor/Sponsor does not use any one stand allocated to it by the Organiser, the Organiser will have absolute
discretion to deal with the stand as it thinks fit, without being under any liability to refund or abate any charges
paid or due, and the Exhibitor/Sponsor shall be liable to pay to the Organiser:

(i)          If the Exhibitor/Sponsor gives notice in writing to the Organiser of its intention not to use a stand at least 4 weeks
before the start of the Event, an administration fee of £50 +VAT per stand;

(ii)        If the Exhibitor/Sponsor does not give notice as described in (i) above, the charge of £100 +VAT.

Exhibitor/Sponsor’s Obligations

6.1       The Exhibitor/Sponsor must comply with the contents of the Exhibitor’s handbook which shall be distributed before the
Event as well as with any other written communication from the Organiser.

6.2       Canvassing for orders and the distribution or display of printed materials, except by the Exhibitor/Sponsor on its own
stand, is prohibited. If this clause is breached the said display/printed materials may be confiscated by the Organiser.
Any breach of this clause shall entitle the Organiser to terminate the Agreement with immediate effect and the Exhibitor/Sponsor shall not be entitled to any refund or abatement of fees paid or due.

6.3       The Exhibitor/Sponsor must ensure that any sound coming from his stand is kept to a volume that does not cause
any annoyance to other Exhibitor/Sponsors. In case of any dispute, the Organiser’s decision is final.

7 Use of Marks

The Organiser grants to the Exhibitor/Sponsor, who accepts, a licence to use such trade marks (together with any associated artwork, design, text and other collateral marketing signs) belonging to and/or used by the Organiser in connection with the Event as the Organiser may designate in writing (the “Event Marks”), solely for the purpose of promoting the Event and in accordance with instructions given by the Organiser at any time.

7.2       The Event Marks may not be used in a context which the Organiser may consider misleading, inappropriate or
which could potentially bring IOSH into disrepute, taking into account IOSH’s status, scope and objectives.

7.3       The Exhibitor/Sponsor may not sub-license or assign any of its rights to use the Event Marks.

7.4       The Exhibitor/Sponsor shall withdraw and not use any material containing Event Marks after the Event.

7.5       The Exhibitor/Sponsor grants to the Organiser and IOSH a worldwide royalty-free licence to use the Exhibitor/
Sponsor’s trade marks for the purpose of promoting the Event. The Organiser may sub-license the right to use the Exhibitor/Sponsor’s trade marks to the extent required for promoting the Event. The Exhibitor/Sponsor undertakes
to provide the Organiser with copies of its trade marks in such format and quality as may be required by the
Organiser and by not later than the date set by the Organiser. If the Exhibitor/Sponsor fails to provide the Organiser
with its trade marks in accordance with this clause, the Exhibitor/Sponsor’s marks can be omitted from the Event’s marketing material and the Exhibitor/Sponsor will not be entitled to any compensation or refund.

8 Insurance and security

8.1       The Exhibitor/Sponsor should ensure that all items on his stand are covered by full and comprehensive insurance and
that valuables are locked away at all times. The Organiser, its agents, contractors or employees shall not be
responsible for any loss or damage to property suffered by the Exhibitor/Sponsor except to the extent that it results
from their wilful misconduct or gross negligence. The Organiser shall not be liable for the acts or omissions of its
agents, contractors or employees except to the extent that they are acting on its instructions.

8.2       The Exhibitor/Sponsor confirms that it shall at its cost arrange a comprehensive insurance policy, for:

(i)         public liability during the course of the Event, in respect of items owned or controlled by the Exhibitor/Sponsor, which,
in respect of any individual claim is not less than £5,000,000;

(ii)         employer’s liability, at all times, with a cover of £10,000,000;

(iii)        loss, theft or damage to any of items owned or controller by the Exhibitor/Sponsor; and

(iv)        loss, damage or claim arising directly or indirectly by the public's use of the items described in 0 above.

8.3        The Exhibitor/Sponsor shall ensure that all contractors engaged by it in connection with the Event have insurance
cover which is at least equivalent to the requirements contained in clauses 8.1 and 8.2 above. The Exhibitor/Sponsor
shall provide, and shall ensure that its contractors provide, evidence of such insurance to the Organiser upon request.

9 Limitation of liability

9.1       Nothing in these terms and conditions shall limit or exclude a party's liability for death or personal injury; fraud or
fraudulent misrepresentation; or any other liability which cannot be limited or excluded by applicable law.

9.2        Subject to clause 0, the Organiser, its agents, contractors or its employees shall in no case be liable to the Exhibitor/Sponsor, whether in contract, tort (including negligence) or otherwise for loss of: revenue or anticipated
revenue; business opportunity; profits or anticipated profits; indirect or consequential losses.

9.3        The Organiser's maximum aggregate liability in contract, tort (including negligence) or otherwise, however arising,
under or in connection with the Agreement shall be limited to the amount of fees actually paid by and which have not already been refunded to the Exhibitor/Sponsor.

10 Termination

10.1     The Organiser may terminate the Agreement with immediate effect if the Exhibitor/Sponsor:

(i)         fails to pay any amount due to the Organiser on the due date for payment;

(ii)         becomes bankrupt, goes into liquidation, commences negotiations with creditors with a view to rescheduling any of
its debts, has a receiver appointed in its regard, or any similar procedure is initiated;

(iii)        commits a material breach of any other term of the Agreement and (if the breach is remediable) fails to remedy such breach within 5 business days after being notified, whether verbally or in writing, to do so. However, this 5 business
day period will be reduced to one (1) day if the Organiser calls upon the Exhibitor/Sponsor to remedy the breach
during the Event or within two days from the start of the Event; or

(iv)       repeatedly breaches any of the other terms of the Agreement in such a manner as to justify the opinion that its
conduct is inconsistent with it having the intention or ability to give effect to the terms of the Agreement.

10.2      Upon termination of the Agreement any obligations of the Exhibitor/Sponsor which are required to be performed at
the end of the Event shall become due for performance from the moment of termination.

10.3      The Exhibitor/Sponsor shall not be entitled to any refund or abatement of fees paid or due.

11 Indemnity

The Exhibitor/Sponsor shall defend and indemnify the Organiser against any liability arising from any cause
whatsoever in connection with the participation at the Event by the Exhibitor/Sponsor, its agents, contractors or
employees. The Exhibitor/Sponsor must ensure that it has adequate insurance to cover all liabilities.

12 Other

12.1      If the Exhibitor/Sponsor is in breach of any of the terms and conditions contained herein, the Organiser reserves
the right, without notice to the Exhibitor/Sponsor, to offer any stands allocated to the Exhibitor/Sponsor to another
person or use such stands in any manner it deems fit. This shall not be construed as affecting the responsibility of
the Exhibitor/Sponsor to pay the full amount due under the Agreement.

12.2      Nothing in the Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between
any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

12.3      No variation of the Agreement shall be effective unless it is in writing and signed by the parties.

12.4      The Agreement is personal to the Exhibitor/Sponsor who shall not assign, transfer, charge, subcontract, declare a
trust over or deal in any other manner with any of its rights and obligations under the Agreement.

12.5      No failure or delay by the Organiser to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or
any other right or remedy.

12.6      If any provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the
least extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant
provision shall be deemed deleted. All other provisions shall remain valid and enforceable.

12.7      Save as otherwise provided elsewhere, any notice or other communication given to a party in connection with the Agreement shall be in writing and delivered by hand or by pre-paid first-class post or other next working day
delivery service or by email, to the address indicated in these terms and conditions or the Acceptance Form.

12.8      Any notice or communication shall be deemed to have been received: (i) if delivered by hand, on signature of a
delivery receipt; (ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the
earlier of the second business day after posting or the time recorded by the delivery service; and (iii) if sent by email,
at 9.00 am on the next business day after transmission.

A “business day” is a day other than a Saturday, Sunday, bank holiday or public holiday in England.

12.9      The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation
(including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of
England and Wales and the courts of England and Wales shall have exclusive jurisdiction.

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