“Organisers” shall mean BMI. “Customer” shall mean any person or persons, firm or company, their servants or agents, or contractors applying for and being allotted space or other services. “Contract” shall mean these Rules and Regulations together with the official application form signed for and on behalf of the Organisers and the “Event” shall mean the event stated on the face of the contract or invoice form. “Space” shall mean the area in the Event building applied for by or allotted to the customer.
2. Applications for Space and Allotments
Application for Space must be made on the official Contract, all sections of which must be completed and signed for and on behalf of the Customer and the allotment of Space by the Organisers shall constitute a contract subject to these Rules and Regulations. Charges for space are stated overleaf and may be subject to alteration. The Customer shall occupy the space allocated to them exclusively as notified on the Contract. The Customer may not assign, sublet or grant licences in respect of any part of the space allotted to them nor may they advertise firms who are not a party to the Contract.
3. Abandonment and Limitation
a) In the event of abandonment, postponement or cancellation of the Event for any reason or limitation of the use of the Event premises or of any of the services provided therein resulting from circumstances beyond the control of the Organisers or intervention by an outside authority or by a decision found necessary by the Organisers, the Customer shall have no claim against the Organisers in respect of loss, delay, costs, expenses, moneys or damage and the Customer’s liability under this Contract shall not be reduced.
The Customer further agrees and acknowledges that BMI shall not be liable to the customer for any refund in connection with last-minute modifications and/or cancellations in the agenda that are beyond BMI’s control, such as but not limited to, unexpected Governmental restrictions or unexpected cancellations from high schools. If any event must be modified or cancelled for any reasons beyond BMI’s control, and earlier or prior notice is not possible, BMI will use reasonable commercial effort to provide a suitable alternative or solution.
The customer further agrees and acknowledges that BMI shall not be liable for the actions or omissions of independent suppliers, such as but not limited to buses, airlines and hotels.
b) The Organisers reserve the right to alter the layout of the event in any respect and at any time. Should it be necessary to rearrange the event or transfer it to another location, the Organisers shall be entitled to allot alternative space to the Customer as the Organisers may determine. They will adjust the cost of the space as necessary for the Customer if the space is affected by such alteration but will not be liable to make any further payment or compensation and the Customer will not be entitled to withdraw from the contract.
4. Bankruptcy or Liquidation
In the event of the Customer being declared bankrupt or going into voluntary or compulsory liquidation or failing to observe and perform the obligations or make payment under the terms of the Contract, the Customer may be determined to be in breach of the Contract and all monies paid by the Customer shall be forfeited without prejudice to the right of the Organisers to claim for breach of contract.
5. Risks and Insurance
a) All exhibits articles and other property brought into the event hall by the Customer, shall be at the risk of the Customer. The Organisers shall not be responsible for any loss, damage or destruction occasioned by any cause whatsoever.
b) The Exhibitor shall be liable for and agrees to indemnify and keep indemnified the Organisers against any action, liability, costs, claims, expenses, damages and losses (whether loss or profits or otherwise) arising out of any act or omission of whatsoever nature by the Customer within the Event premises.
Without prejudice to the rights and remedies of the Organisers in respect of any breach of the Contract on the Customer’s part, the Organisers may at their discretion allow the Customer to withdraw from the Event subject to the following conditions.
a) the Customer must give written notice and if this notice is given prior to 90 days of the commencement of the event, a 30% cancellation fee will be applied.
b) the Customer must give written notice and if this notice is given prior to 60 days of the commencement of the event, a 50% cancellation fee will be applied.
c) if the customer gives notice of cancellation within 60 days of commencement of the event, no cancellation will be permitted and the full amount will remain payable.
d) the Organisers will notify customer of cancellation in writing and from that time will have the right to deal with the space in the way the organisers consider best including the reallocation to another customer.
e) when payment of the above amounts to the Organisers is received, the Contract shall be finally cancelled and one part shall have no further claim on the other.
f) written notice shall mean a letter sent to the BMI Office in the UK sent by registered mail or other service which provides proof of delivery.
7. Additional Services and Charges
The Organisers reserve the right to make additional charges to the Customer equal to any amount charged to them for any services supplied whether specifically ordered or not. The Organisers accept no responsibility for quality or standard or breakdown or failure of any of the services provided for, or in connection with the Event.
Payments for the services contained on invoices/remittance advice must be in accordance with the dates specified.
Payment in respect of withdrawal as detailed in Clause 6 above or additional charges as detailed in Clause 7 above must be made within 30 days of date of invoice. In the case of non-payment of moneys due for space by the contracted date, the Organisers reserve the right to consider the Contract to be cancelled and all moneys paid forfeited.
9. Event Services Manual
An event services manual will be issued to the Customer containing detailed instructions for the organisation of the Event, the provisions of which are in all respects part of these Rules and Regulations and are equally binding on all customers.
10. Exclusion of Personnel
The Organisers reserve the right to exclude or remove from the Event any person or persons whose presence is or is likely to be undesirable and the Organisers may exercise the rights notwithstanding that any person is the servant or agent of the Customer or is otherwise in any way connected with the Customer.
The exhibits on display must be good quality, properly labelled and must comply with the Rules and Regulations of this Contract.
12. Media Waiver
I give permission to BMI to use photographs or video footage of me, taken at a BMI event, for BMI promotional purposes only.
Any notice or other document to be given under these terms & conditions shall be in writing and shall be duly given and deemed to have been received by the addressee two working days following the dispatch, if received at or sent by hand or by registered post or by telex, facsimile or other electronic media to the relevant party at the address on the Contract overleaf or such other address as one party may from time to time give by written notice to the other.
The validity, construction and performance of these terms and conditions shall be governed by the laws of the UK as appropriate, and shall be subject to the non-exclusive jurisdiction of the Courts of those countries, as appropriate.