2018
I
Lyon, France
I
23
times decide to shut down any Stand that does not meet the safety requirements. The Organizer’s liability may not be
sought in respect of the foregoing decisions.
In addition, any breach of the safety rules (i) may, by decision of the Organizer, lead to the immediate, temporary or
permanent exclusion of the Partner, which shall not be entitled to any refund or the amounts paid or compensation and
(ii) shall expose the Partner’s full liability in the event of deterioration or inconvenience to the other exhibitors, or in the
event of accidents.
9. OCCUPATION OF THE STAND
The Partner shall occupy its allocated Stand within the installation dates defined in the Technical Guide.
If for any reason a Partner does not occupy its Stand on the Event opening date or before the installation deadline
determined by the Organizer, such Partner shall be deemed to have waived its exhibition right. The Organizer shall be
free to dispose of the unoccupied Stand and to allocate it to another exhibitor, without any right for the uninstalled
Partner to claim any compensation and/or refund whatsoever or to avoid its obligation to pay the price in full.
The Stand shall remain open and furnished throughout the duration of the Event and during the Event opening hours.
The Partner may under no circumstances clear out its Stand prior to the close of the Event, except with the express
exceptional authorization of the Organizer.
The Partner shall have competent reception staff in sufficient numbers to ensure a permanent presence. Such staff shall
be polite and abstain from any conduct likely to cause any disturbance to the visitors or to the other exhibitors. The
Organizer reserves the right to demand the immediate replacement of any person who does not meet the
aforementioned requirements
.
10. ASSIGNMENT AND SUB-LETTING
Any assignment or sub-letting, with or without consideration, of any part or all of the Stand is prohibited.
However, with the Organizer’s consent, exhibitors within the same profession or complementary professions may
occupy a common Stand, at the request of a principal exhibitor. The principal exhibitor’s participation application shall
include a precise list of the candidates for the collective Stand, being said that the information requested in the form shall
also be provided for each candidate. The Organizer reserves the right to approve or refuse each candidate. The
rejection of a candidate’s application shall not allow the other applicants to cancel the booking of their collective Stand.
The principal exhibitor of the relevant Stand shall be personally liable to the Organizer, jointly with the secondary
exhibitor(s), for the payment of the various amounts due in any respect whatsoever to the Organizer or any supplier of
services or material presented by it. The same shall apply in respect of all of the exhibitors’ obligations.
11. RUNNING OF THE STAND
The Partner shall keep its Stand in a perfect state of maintenance and shall not in any manner deteriorate the partitions,
floors or ceilings or any material provided by the Organizer.
The Stands shall at all times be kept in a perfect state of cleanliness and tidiness. The Partner shall cause its Stand to
be cleaned every morning prior to the opening of the Event. No packaging and/or container may be stored in or in the
area surrounding the Stand. The Partner shall not allow any displayed objects and/or materials to remain covered during
the Event opening hours.
12. STAND ACTIVITY
12.1 PUBLICITY AND COMMUNICATION WITH THE PUBLIC
Any advertising activities by the Partner shall comply with the laws and regulations in force. Advertising activities may be
conducted inside the Stand only and on the condition that they do not cause any inconvenience. Voice advertisements
or advertisements using sound devices, mimes, clowns and other types of attractions are expressly forbidden.
Complimentary small objects and/or prospectuses may be distributed if they are not incompatible with the image of the
Event, if they are distributed inside the Partner’s Stand and if their distribution does not cause any inconvenience. The
distribution of advertising balloons is prohibited.
The projection of films or slides, the use of sound amplifiers, the setting-up of a sound system in the Stand and the use
of computer monitors and television screens are allowed provided they do not encroach beyond the Stand limits and do
not cause any inconvenience. The Organizer reserves the right to take action in the event of inconvenience. Quizzes
may be organized in the Stand, with the Organizer’s consent, provided their content is related to the Event.
Receptions may be organized from time to time on the condition that they do not overflow into adjoining Stands or alleys
or beyond the Event opening hours.
12.2 EXHIBITION AND DEMONSTRATION
The Partner agrees to present only products, services or materials that comply with the rules and regulations in force.
Explosive substances and dangerous or harmful products in general are prohibited.
All displayed appliances and machines shall be equipped with a safety device, particularly those with moving
components that may be left unsupervised by the Partner, even if the barrier provided by the Safety Regulations has
been put in place. Appliances whose installation or operation may cause an inconvenience to or be a source of danger
for the other exhibitors or the visitors are prohibited.
12.3 TAKE-AWAY SALES
The Partner recognizes and agrees that take-away selling activities are strictly prohibited in the Event premises. The
Partner is however authorized to take orders at its Stand.
13. COMMUNICATIONS OPTIONS
The Partner may take out a number of communications options in order to strengthen and optimize its visibility during
2018
I
Lyon, France
I
24
the Event. The characteristics and rates of such options are set forth in the Partnership File delivered to the Partner.
Applications for any of the aforementioned supplementary communications options shall be made using the partnership
order form drawn up by the Organizer, in accordance with the terms and conditions of article 4 of these General Terms
and Conditions.
13.1 PUBLICATION OF CONTENTS
The Partner contents intended for publication (logo, corporate name, brand, press release, internet links, publicity etc.)
shall be communicated by the Partner on the dates and according to the format provided by the Organizer in due time,
so as to allow for the printing, online posting and correcting (as the case may be) within the requisite time periods. The
Organizer reserves the right not to perform any Partner option subscription if the relevant Partner does not strictly
comply with the aforementioned requirements. In the event of a failure to communicate its contents, the Partner may
lose the price paid.
The Partner’s contents shall be published, broadcast and posted online under the sole responsibility of the Partner,
which represents that it holds all of the rights required for such purpose. It undertakes to indemnify and hold the
Organizer harmless from and against any harmful consequences, such as any costs incurred to defend any third party
claim and/or action. The Organizer reserves the right not to publish any Contents if it believes that this may result in its
liability being sought. In such event, and subject to the Partner having complied with all content communication and
approval deadlines, the cost of the service ordered shall be refunded to the Partner, which shall not be entitled any other
compensation.
Although the Organizer shall use its best efforts to avoid any material error or technical failure at the time of publication /
online posting / insertion / delivery of the contents, the Partner acknowledges that the Organizer is bound by a best
efforts obligation (obligation de moyens) only and that its liability shall in any event be limited to the price paid by the
customer in respect of selected communications option.
The insertion instructions may be transmitted by the Partner’s advertising agency. Pursuant to the Law of 29 January
1993 known as the Loi Sapin, the advertising agency shall hold instructions from the Partner and provide evidence
thereof to the Organizer, which shall send the invoice directly to the Partner, with a copy to the advertising agency. The
Partner shall have sole responsibility for remunerating its agency, as the law prohibits the Organizer from paying any
remuneration to the advertising agency.
13.2 SESSION ORGANIZED BY THE PARTNER
13.2.1 Role of the Partner
Where the option selected by the Partner includes a communications session (hereinafter, a Session) organized by the
Partner with the support of the Organizer, the Partner shall, under its sole responsibility, draw up the session
programme.
In this respect, the Partner shall determine the session topics, select the speakers and establish the schedule of
presentations. The Partner shall forward its proposed programme to the Organizer, on the dates and in the format
communicated by the Organizer in due time prior to the start of the Event. The proposed programme shall be submitted
to the Organizer, which may refuse it or request certain amendments if the programme appears inappropriate in light of
(i) the objectives of the Event or (ii) the economic and/technical imperatives of the sessions organized in connection with
the Event.
The Partner shall, under its sole responsibility, manage the relationships with its selected speakers, in accordance with
the laws and regulations in force. It shall be responsible for the payment of their registration fees and reimbursement of
their expenses (travel and accommodation costs) as well as for the payment of their fees, if any, on terms consistent
with the laws and regulations in force. In this respect, it acknowledges that it shall be responsible for entering into a
written agreement with each health professional called upon to speak, which agreement shall comply with the laws and
regulations in force and, as the case may be, for submitting such agreement to the competent professional bodies. The
Partner shall ensure that any health professionals called upon to speak at all times comply with the laws and regulations
in force and, in particular, with the duty of transparency incumbent upon them
.
The Partner acknowledges that the
Organizer wishes to enter into an agreement with each Session speaker, pursuant to which the speaker authorizes the
Organizer to make use of the rights deriving from his/her presentations, in various formats (online publishing of texts and
videos in particular). The Partner shall inform the speakers called upon to speak during the Session and shall assist the
Organizer in securing the aforementioned agreements from all speakers. The text of the agreement is available from the
Organizer upon request.
13.2.2 Role of the Organizer
The Organizer shall be responsible for the technical and material organization of the Session, on terms consistent with
the partnership order form signed by the Partner, and shall in this respect use its best efforts to maintain a level of
quality consistent with the standard of the Event.
In this respect, it shall also perform the following services: it shall determine the date and timing of the Session, taking
into account, to the extent possible, the Partner’s preferences; it shall dedicate a room in which the Session is to take
place, with a sufficient surface area and lay-out and furnished with the necessary equipment (furniture, audio/video
equipment); it shall take out the necessary insurance policies in connection with the organization of the Session; it shall
provide a certificate of the foregoing insurance policies to the Partner upon request; it shall ensure the promotion of the
Session in the Event documentation, in a manner consistent with the customs of the trade; it shall negotiate and enter
into the services agreements required for the proper technical and material organization of the Session, not including
any special requests from the Partner, which shall be included in additional order forms. It shall pay the service providers
and handle any claims they may have.
13.2.3 Liability
The Partner shall be fully responsible for the contents of the Session programme and presentations. It shall hold the
2018
I
Lyon, France
I
25
Organizer harmless from any third party claim asserted against it in this respect.
The Partner shall manage its relationships with the speakers, in accordance with the laws and regulations in force, and
shall ensure that such speakers comply with the laws and regulations in force. The Partner accordingly agrees to hold
the Organizer harmless from any claim asserted against it in this respect.
The Partner shall be responsible for informing the Organizer of any law or regulation to which it may be subject as a
result of its activities and likely to have an impact on the organization of the Session. The Partner shall comply with such
laws and regulations and shall hold the Organizer harmless from any claim asserted against it as a result of any breach
of such laws and regulations.
The Organizer shall be liable for any negligence occurring in connection with the technical and material organization of
the Session. Its liability to the Partner shall however be limited to 20 % of the amount of the price paid in respect of the
Session.
14. ACCESS TO THE EVENT
All persons present on the Event site shall be required to wear a name badge. If a person is unable to produce his/her
badge, he/she may be expelled from the Event. Details of the access policy as well as the the terms and conditions for
delivery of paying and free of charge badges are set forth in the Technical Guide sent to the Partner several months
prior to the start of the Event.
15. VACATION OF THE SPACES
The removal of the Stands, goods, specific decorations and of any waste as well as the rehabilitation of the Stand shall
be undertaken at the Partner’s expense and under its responsibility, within the time periods and according to the terms
and conditions set forth in the Technical Guide
. If the Partner fails to comply with the foregoing within the requisite time,
the Organizer shall be entitled to arrange for the removal of the remaining materials and rehabilitation of the allocated
space, at the
Partner’s expense.
The Partner or any of its duly authorized representatives shall be present at the Stand from the start of the disassembly
operations until its complete vacation, in order to (inter alia) prevent the risk of loss and theft. Loss and theft shall not be
covered under the mandatory insurance policy if the foregoing obligation is not complied with.
16. FAILURE TO COMPLY WITH THE EVENT RULES
Any breach of the provisions of these General Terms and Conditions and/or of the specifications of the Technical Guide
and/or requirements of the Safety Regulations may result in the immediate shutdown of the breaching Partner’s Stand
and termination of the space booking contract.
The foregoing shall apply, in particular, in the event of absence of insurance (art. 17), breach of the rules on the safety,
fitting-out and installation of the Stand (art. 7 and 8), breach of the rules on the occupation of the Stand, sub-letting and
assignment of the Stand and on the running of the Stand (art. 9, 10 and 11) and the failure to comply with the rules on
the Stand activities (art. 12).
In such event, the price paid by the Partner shall accrue to the Organizer, without prejudice to any damages amounts.
In addition, all items (boards, signs, banners etc.) placed in breach of these General Terms and Conditions, of the
Technical Guide or of the Safety Regulations may be removed by the Organizer, at the Partner’s risk and expense,
without prior formal notice.
17. INSURANCE
Pursuant to the laws and regulations in force, all exhibitors shall, at their expense and at the time of sending of their
partnership order form, take out an “all risks” and a third party liability insurance policy with the insurers of the collective
policy established for the account of the exhibitors and approved by the Organizer.
The mandatory insurance premium provides coverage up to a limited amount - which the Partner shall be free to
increase by paying an additional premium - for:
1. displayed goods and stand fittings and installations.
2. the Partner’s third party liability.
The Organizer shall waive any and all rights of recourse against the exhibitors and their agents (save in the event of
malicious acts) in the event of loss, and each Partner, by virtue of its participation, also waives any and all rights of
recourse against the Organizer. The specific terms and conditions of the insurance contract are available to the
exhibitors for inspection.
18. LIMITATION OF LIABILITY
The Organizer’s potential liability to the Partner in connection with the organization of the Event shall in any event be
strictly limited to the Stand leasing costs. In addition, the amount of any indemnity received by the Partner under the
mandatory insurance taken out pursuant to article 17 shall be deducted from any amounts due by the Organizer to the
Partner.
19. INTELLECTUAL PROPERTY
The Partner holds and shall retain exclusive ownership of its corporate name, trademarks and logos, domain name and
displayed products and materials.
The Event is organized by the Organizer in a spirit of cooperation; accordingly, the Partner grants the Organizer the right
to reproduce and/or represent its identifying elements (including its name, corporate name, logos and trademarks) as
well as all of the products and materials displayed during the Event. The foregoing right is strictly limited to what is
necessary or useful for the purpose of the organization, hosting and promotion of the Event and of its consequences,
including, inter alia, the reproduction and representation of the aforementioned identifying elements on all visuals and
2018
I
Lyon, France
I
26
media in relation to the Event (catalogue, Event website, plans and visuals delivered to the visitors etc.)
The Partner shall not use the logo or identifying visuals of the Event in its documentation, whatever its nature or
medium, without the prior consent of the Organizer.
20. APPLICABLE LAW AND CHOICE OF FORUM
These General Terms and Conditions are governed by French law. It is expressly agreed between the parties that the
courts of Toulouse shall have exclusive jurisdiction to settle any disputes, including in the event of multiple defendants.
Dostları ilə paylaş: |