Exhibitor Terms and Conditions
The Wave – Exhibitor Terms and Conditions
Last updated: June 2024
- 1. General
a.) In these terms or conditions: The Wave refers to Surf Bristol Limited, a company registered in England and Wales, company number: 07684630 registered address: One, Glass Wharf, Bristol, United Kingdom, BS2 0ZX, (i) Exhibitor means the person, firm or company named as such on the Booking Form and shall be deemed to include all employees, agents or representatives of such person, firm or company. Event shall mean the exhibition or event specified on the Booking Form.
b.) By signing and returning the Booking form, the Exhibitor agrees to be bound by these Terms and Conditions. The Booking Form must be signed and must contain all the information requested. The Exhibitor is solely responsible for completing the Booking Form accurately and warrants that the information entered by the Exhibitor on the Booking Form is true and correct.
2. Booking
a.) The charges payable by the Exhibitor are as specified in the Booking Form. The Exhibitor’s booking will not be confirmed until The Wave has received the completed Booking Form and payment of either the deposit or full amount (see 2(c) below).
b.) To confirm the booking, the Exhibitor must sign and return the Booking Form. Once The Wave has received the signed Booking Form, it will countersign and send the Exhibitor an invoice. The Wave reserves the right to accept or refuse any booking without giving any reason.
c.) If the booking is made more than 4 weeks in advance of the Event, a non-refundable deposit of 25% is required to secure the booking. If the booking is made less than 4 weeks in advance of the Event, full payment is required upfront to secure the booking. Failure to pay the amount required may result in the booking being cancelled.
Payment
a,) All prices are in GBP and include VAT.
b.) The balance of the payment must be received at least 4 weeks prior to the start of the Event. The Wave reserves the right to cancel bookings where the balance is outstanding less than 4 weeks before the start of the Event and the Exhibitor shall not be entitled to any refund or compensation, including (but not limited to) any refund of any deposit or other sums paid by the Exhibitor.
c.) Payment must be made by BACS transfer. Bank account details will be included on the invoice.
d.) Each Exhibitor shall be responsible for all costs of supplying and erecting any structures, fitments, and lighting, etc. Such additions must conform in every respect with the requirements of The Wave.
Cancellations
a.) If an Exhibitor wishes to cancel a booking, it must notify The Wave via email.
b.) If an Exhibitor cancels up to 4 weeks prior to the Event, it will be entitled to a full refund, less the non-refundable deposit. If it cancels within 4 weeks of the Event and the Event is going ahead, it will not be entitled to receive any refund, compensation, or credit for any cancellation, including (but not limited to) any refund of any deposit or other sums paid by the Exhibitor.
c.) The Wave reserves the right to cancel or change any booking, or to cancel or change any Event due to (i) safety considerations; (ii) factors beyond its control; or (iii) mechanical fault. If The Wave needs to cancel a booking or Event it shall use reasonable endeavours to notify the Exhibitor as soon as possible. If a booking or Event is cancelled by The Wave, it shall use best endeavours to move the booking to an alternative date or Event. If the booking cannot be moved to alternative date or Event, the Exhibitor shall be entitled to a refund of all d.) Charges paid to The Wave in relation to the Event, including any deposit.
d.) The Wave accepts no responsibility for any costs incurred by the Exhibitor for staffing, travel, printing, advertising, or any other related preparation expenses, if the Event does not take place for any reason. It is the Exhibitor’s responsibility to obtain its own Event cancellation insurance to cover such situations.
5. Exhibition Space
a.) The position and area of the exhibition space allocated to the Exhibitor shall be at the discretion of The Wave.
b.) An Exhibitor shall not transfer the whole or any part of the space allocated to it, nor divide or share the space, nor exchange space with another Exhibitor, without the written consent of The Wave.
c.) If an Exhibitor has not occupied the space allocated to them by the time specified in the Booking Form, all claims to such space will be forfeited and The Wave may allocate such space to another exhibitor. No refunds or compensation will be given if an Exhibitor’s space is allocated to another exhibitor due to an Exhibitor’s failure to arrive on time.
d.) An Exhibitor may only promote/exhibit (including the distribution of marketing material from its stand) the business(s) that are detailed on the Booking Form and cannot promote details of another business without prior permission from The Wave.
e.) The Wave may, in its sole discretion, offer an Exhibitor the opportunity to provide an additional quantity of flyers/marketing material, to be distributed in free Event gift bags, given to all attending customers upon entry. Advertising in any other area is not permitted nor in such a manner as to cause annoyance or disturbance to fellow exhibitors or customers.
6. Delivery and Removal of Exhibits
a.) Exhibits may be delivered at the times specified in the Booking Form or in the Event Information Pack given to each Exhibitor in advance of the Event. No goods may be brought into the Event after the site has been opened to customers and no goods may be taken out of the site during the Event without the prior consent in writing of The Wave. All structures and exhibits and goods must be cleared away by the time specified in the Booking Form or as set out in the Event Information Pack.
b.) Responsibility for the unpacking, staging and removal of exhibits and goods falls on the Exhibitor. Exhibitors must arrive within the specified set-up times and displays must be complete and ready prior to the Event start time. All displays must be of a professional standard and comply with health and safety laws and regulations.
c.) Every exhibit must be open to customers to view and be in the charge of a competent representative of the Exhibitor throughout the duration of the Event, unless otherwise agreed in writing with The Wave.
7. Conduct of Exhibitors and their Employees
a.) The Wave reserves the right to stop any activity on the part of an Exhibitor that may cause annoyance to other exhibitors or customers. Business must be conducted only from the Exhibitors’ own stand and under no circumstances may this be carried out from elsewhere in the site.
b.) The Exhibitor shall:
(i) not encroach upon exits, corridors, or walkways. If an Exhibitor causes to be erected or continues to exhibit a stand or structural display unit which contravenes any requirements of The Wave (including encroaching on any exits, corridors, or walkways) The Wave shall be at liberty, at its discretion, to alter, demolish and/or reconstruct such stand or structural display unit.
(ii) ensure that it obtains, and maintains all consents, licences, and permissions (statutory, regulatory, contractual, or otherwise) it may require to meet its obligations under these Terms and Conditions.
(iii) comply with all applicable law, statutes, regulations, and codes from time to time in force.
(iv) not do or omit to do anything which may cause the Wave to lose any licence, authority, consent, or permission on which it relies for the purposes of conducting its business.
(v) not do or omit to do anything that could bring The Wave or any other company in The Wave’s Group into disrepute or damage the reputation of The Wave or any other company in The Wave’s Group.
c.) The Wave will not tolerate any conduct or behaviour that is seen to be inappropriate, discriminatory, or offensive to other exhibitors, The Wave staff, or customers. If any Exhibitor or Exhibitor’s employee conducts themselves in a manner which in the opinion of The Wave is objectionable to customers, other exhibitors or to The Wave staff, such conduct may be treated by The Wave as a failure to comply with these Terms and Conditions. The Wave reserve the right to:
(i) eject any Exhibitor from the Event in the case of failure to comply with these Terms & Conditions without refund, credit, or compensation if such action is deemed necessary by The Wave; and
(ii) refuse to admit, or to remove, any products or exhibit or advertising matter or article at its discretion which in its opinion does not comply with paragraph 7(b) or (c), without refund, credit, or compensation.
8. Event Information
a.) The Wave may notify the Exhibitor by e-mail in advance of the Event as to the details of the Event including matters such as arrival times and procedures, dropping off equipment, security, and parking. It is the Exhibitor’s responsibility to familiarise itself with the contents of such e-mail and to ensure that such information is passed on to their employees.
b.) Exhibitors are not permitted to dismantle their display prior to the closing time set out in the Booking Form or Event Information Pack, either partially or completely. If The Wave in its sole discretion elects to end the Event it will notify all Exhibitors or their representatives at the Event and the Exhibitors should then proceed to dismantle their display.
c.) If an Exhibitor must leave an Event at any given time during the Event operating times, for a non-emergency related reason, prior notification must be given to The Wave, in writing. Such notification may mean that The Wave relocates the Exhibitor’s exhibition space within the Event, to lessen any disruption to the Event or customers. No refunds will be given if the new space allocated is smaller than the Exhibitor originally booked. Please note that apart from in an unavoidable emergency, (where The Wave would generally ask that the Exhibitor leave their display intact and The Wave will oversee dismantling and secure storage) any Exhibitor who dismantles their display prior to closing time, may be refused attendance at any future Events organised by The Wave.
d.) All display materials must be completely removed from the site at the end of the Event. All Exhibitors must leave their space free of rubbish and must remove and dispose of any rubbish they or their visitors may have generated.
e.) Exhibitors must observe all fire, health & safety rules and regulations and comply with any other reasonable instructions from The Wave. Aisles and fire exits must be always kept clear. 9. Insurance
a.) The Exhibitor shall ensure that it has public liability insurance in the sum of £1 million to cover the Event and a copy of the policy must be provided to The Wave on request.
b.) The Exhibitor shall indemnify The Wave against any claim or action for any injury or death being caused to any persons whosoever by any negligence on the part of the Exhibitor or for any damage to any property by the Exhibitor. Exhibitors accept liability for all acts or omissions of themselves and their agents or representatives. The Wave will not be responsible for the safety of any property owned by or brought to the Event by an Exhibitor or any other person on his behalf, or for any loss or damage that may occur to such property.
10. Electrical Equipment
a.) It is not the responsibility of The Wave to provide electrical facilities for the Exhibitor unless access to an electrical supply has been confirmed on the Booking Form.
b.) All electrical equipment used on/for the Exhibitor’s display, including extension leads, must display current a PAT Certification Label. Failure of such equipment not complying with current legislation may result in the Exhibitor being unable to use the item(s) in question.
c.) All cables/electrical leads connected to an electricity supply must be covered by an appropriate ‘trip-guard’ (either rubber or must be taped securely to the floor and approved by The Wave).
11. Music and Sound
a.) The use of microphones or any other announcement/loud-speaker device is not permitted unless agreed with The Wave in writing in advance.
b.) Any Exhibitor wishing to use music on their stand must confirm with The Wave in advance and ensure that they hold the correct consents and licences for such use.
12. Food Hygiene
a.) Any Exhibitors offering products and services within the food industry must:
(i) must be registered with the local authority and hold relative certificates which must be available for inspection if requested by The Wave; and
complete The Wave Food Hygiene checklist in advance of the Event.
(ii) Exhibitors are not permitted to offer alcoholic products unless otherwise agreed with The Wave in writing in advance.
13. Vehicles
a.) All vehicles forming part of the display must be clean and presentable. Suitable fire extinguishers should also be available and easily accessible within the vehicle(s). Any spillages of fuel, grease or oil is the responsibility of the Exhibitor and must be cleaned to a satisfactory standard with approval and agreement from The Wave. Any costs arising from clean-up situations will be the responsibility of the Exhibitor. Vehicles must not be moved during Event without the prior consent of The Wave.
14. Exclusion and limitation liability
a.) These Terms and Conditions apply to the exclusion of any other terms whether implied by statute, custom or a course of dealing. The restrictions on liability in this paragraph apply to every liability in relation to any booking, the Event or otherwise under these Terms and Conditions including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
b.) Nothing in this paragraph shall limit any liability which cannot legally be limited, including but not limited to liability for:
(i) death or personal injury caused by negligence;
(ii) fraud or fraudulent misrepresentation; and
(iii) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
c.) The liability of The Wave is excluded and/or limited in the following respects:
(i) Under no circumstances whatsoever shall The Wave (whether in contract, tort, negligence, breach of statutory duty or otherwise) be liable for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of revenue, loss of opportunity, damage to goodwill or for any indirect or consequential loss suffered or incurred by the Exhibitor in relation to any booking, the Event or otherwise under these Terms and Conditions.
(ii) Subject to paragraph 14(a), any other liability of The Wave to the Exhibitor howsoever arising (whether in contract, tort, negligence, breach of statutory duty or otherwise) shall be limited to the total amount paid by the Exhibitor to The Wave in relation to the booking made subject to these Terms and Conditions.
15. Personal Data – Third Parties
a.) Exhibitors are responsible for their own data capture whilst attending our Events. The Waves asks that any such facility is clearly detailed on the stand, disassociating The Wave from the method by which the Exhibitor is obtaining the information. The Exhibitor must comply with all data protection laws and regulations as to how it captures, processes, and stores personal data.
b.) Should a member of the public contact The Wave to request an Exhibitor’s details, The Wave shall be entitled to forward the Exhibitor’s business name, address, and all relevant contact information as provided on the Booking Form. It is the Exhibitor’s responsibility to ensure that its contact information is accurately entered on its Booking Form.
16. Amendment of Terms and Conditions
a.) The Wave reserves the right to alter, add to or amend these Terms and Conditions and no waiver of these Terms and Conditions shall release any exhibitor from the contract. No amendment of these Terms and Conditions proposed by the exhibitor shall be of any effect unless agreed in writing by The Wave.
17. Entire Agreement
a.) The Booking Form and these Terms and Conditions shall constitute the entire agreement between The Wave and the Exhibitor and no statement, promise or representation (other than one made fraudulently) made by or on behalf of The Wave (whether made orally or on The Wave’s website) shall be binding on The Wave unless agreed to in writing by The Wave.
General
a.) Governing law. These terms and conditions are governed by English law. The courts of England and Wales will have exclusive jurisdiction.
b.) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
c.) Nobody else has any rights under this contract. This contract is between the Exhibitor and The Wave. No other person shall have any rights to enforce any of its terms.