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HYPER JAPAN Festival 2015: Terms & Conditions

In these terms and conditions the term “Organiser” in all cases refers to Cross Media Ltd; the term “Event” in all cases refers to HYPER JAPAN Festival 2015; the term “Exhibitor” in all cases refers to any person, firm, company, association or organisation to whom or which space has been allocated for the purpose of exhibiting at the Event. Participation in the Event by the Exhibitor is subject to agreement to the terms and conditions set out by the Organiser herein and pursuant to any further clauses and conditions as determined by the Organiser.

In addition to the provisions of this document, the Exhibitor or any representative thereof must undertake to comply with all of the conditions set out in the Exhibitor Manual, a copy of which will be delivered to the Exhibitor by the Organiser in advance, and to observe all of the restrictions contained therein.

The dates, period of duration, venue, venue opening and closing times and entrance fee for the Event will be determined by the Organiser, and are subject to alteration at the free and sole discretion of the Organiser.

Any matters not expressly covered by the terms and conditions herein shall be subject to the free and sole discretion of the Organiser. The Organiser reserves the right to supplement these terms and conditions with new clauses from time to time as required.

1. Participation, Payment, Termination

1.1 Participation in the Event by the Exhibitor is pursuant to the terms and conditions contained herein and subject to the submission of a completed Application Form, signed by the person who will be responsible for the booth at the Event, by the Exhibitor to the Organiser and subject to the contracted booth rental and any supplementary costs arising thereof having been received in full by the Organiser within the payment period indicated on the Application Form and at the latest by 8th July 2015.

1.2 Booth rental shall be determined solely and freely by the Organiser and may be changed by the Organiser pursuant to changes in the components thereof (including but not limited to equipment costs, staff costs, transportation costs, service costs and social and tax clauses).

1.3 In the event that the Exhibitor wishes to cancel his or her booth space booking once the Application Form has been received and acknowledged, the Exhibitor shall be liable to pay the Organiser a cancellation fee as follows: where cancellation is between six and three months prior to the Event the Exhibitor shall pay the Organiser 50% of the total amount payable and where cancellation is within three months of the Event the Exhibitor shall pay the Organiser 100% of the total amount payable.

1.4 If, for any reason, the Exhibitor fails to take possession of his or her booth before or during the Event, the Exhibitor will be considered to have forgone his or her right to participation, and the amount received as payment for the booth, as well as any payments outstanding, will be considered the property of the Organiser. Even in those cases where the Organiser has been able to assign the forgone booth space to another interested party, the Exhibitor is not entitled to any repayment or compensation from the Organiser in respect of the forgone booth, and the Organiser is able to use the payment received from the Exhibitor in respect of the forgone booth freely.

1.5 The Exhibitor shall bear any bank expenses due on payments to the Organiser in respect of the Event.

1.6 If the Event is cancelled, in whole or in part by reason of force majeure, unforeseeable event or unavoidable economic circumstance, all participation already acknowledged by the Organiser shall be cancelled pursuant, and the Organiser shall reimburse the Exhibitor with that proportion of any payment(s) made by the Exhibitor remaining after the Organiser has settled any necessary expenses.

1.7 Only the Exhibitor listed in the Application Form may exhibit in the booth or the space rented to the Exhibitor. The joint exhibition of the Exhibitor with a third-party person, firm, company, association or organisation who is not listed in the Application form requires the express prior approval of the Organiser.

1.8 Implementation of any additional features at the event, including special exhibitions, guests, or stage contents, and planning and management of the official event website and content within, is under the jurisdiction of the event organisers, and in no way linked to contracted exhibitors or sponsors. As such, organiser may cancel or alter event contents without notice to exhibitors or sponsors; under these circumstances, exhibitor or sponsor contract cannot be changed.

2. Transportation, Installation & Removal, Access

2.1 Responsibility for any relevant customs clearance procedures in relation to equipment or goods from overseas lies solely with the Exhibitor. The Organiser shall not bear any responsibility for any unexpected problems that arise during customs clearance.

2.2 The Exhibitor shall be solely responsible for the receipt to all equipment and goods addressed to him or her. The Exhibitor shall adhere to the conditions stipulated in the Exhibitor Manual with regard to the loading and unloading of equipment and goods at the Venue.

2.3 No equipment can be delivered or installed in the Venue before the set-up date and time stipulated in the Exhibitor Manual, for any reason.

2.4 The Exhibitor, or any agent thereof, is solely responsible for the transportation, receipt at and sending of packages to the Venue, and for verification of the contents thereof. In the event that neither the Exhibitor, nor any representative thereof, is present to receive packages sent to the Venue for the Exhibitor, the Organiser may, at its sole discretion, take temporary possession of the packages, or return the goods as it sees fits, at the full responsibility of the Exhibitor.

2.5 Transportation and parking within the Venue site shall be subject to the regulations of The O2. Neither the Venue nor the Organiser shall take any responsibility for any theft, accidents or other incidents resulting from use of parking space at the Venue site.

2.6 The Exhibitor shall remove all property from the Venue on Sunday 12th July 2015 by the time stipulated in the Exhibitor Manual. The Exhibitor shall be liable to pay the Organiser late fees and compensation in the event of non-compliance with this deadline.

2.7 The Exhibitor, or any agent thereof, has sole responsibility for any work carried out by service contractors on behalf of the Exhibitor or any agent thereof. Responsibility for any damage caused by contractors lies solely with the contracting Exhibitor, and the Exhibitor will be liable to pay the Organiser all costs, whether direct or indirect, arising from such damage.

2.8 Times when the venue can be accessed are stipulated in the Exhibitor Manual. It will not be possible to access the Venue outside of these times, for any reason.

2.9 Access to the venue can only be gained on presentation of the official pass provided by the Organiser.

3. Booth Facilities and Decoration

3.1 The Exhibitor shall adhere to the regulations on booth equipment and interior decoration stipulated in the Exhibitor Manual, including regulations on health and safety standards.

3.2 The Exhibitor, or any agent thereof, must remove all booth installations by the date and time stipulated elsewhere by the Organiser. After this stipulated time, no packaging, equipment, or vehicles for transportation can be kept or remain on the venue site, and neither the Exhibitor nor any contracted service providers can enter or remain within the venue, regardless of whether such will cause damage or loss to the Exhibitor or the service provider, and regardless of the reason for the delay in removal.

3.3 The Organiser retains the right to alter or remove any booth equipment or internal decoration deemed detrimental to the overall appearance of the Event or any which present a danger or obstacle either to Event attendees or other exhibiting parties.

3.4 During the duration of the Event, the Exhibitor shall not, for any reason, place goods in the gangways of the venue. Any goods so placed must be immediately removed as directed by the Organiser, or otherwise will be confiscated by the Organiser.

3.5 The Exhibitor must use the space allocated to him or her as it is allocated, and must leave it in the same condition as when it was allocated. Any damage to equipment, the venue building, the flooring and so on caused by installations or goods belonging to the Exhibitor shall be the sole responsibility of the Exhibitor and the Organiser will charge the Exhibitor any repair costs that arise accordingly.

3.6 Where the Exhibitor requests changes be made to his or her booth at the Event (such as the relocation or removal of partition walls), all supplementary costs incurred will be charged directly to the Exhibitor by the Venue setup contractor.

3.7 The Organiser shall bear no responsibility for any disagreements between the Exhibitor and any staff employed by or commissioned by the Exhibitor to undertake work relating to or during the Event.

3.8 The Exhibitor shall write up a Method Statement and Risk Assessment for each booth he or she has been allocated, and must submit these to the Organiser at the latest by Sunday 31st May 2015. Failure to perform this duty will result in the Venue’s local council withholding their permission for the Exhibitor to exhibit, and the Exhibitor’s Fee and optional Items Fee will moreover not be refunded.

4. Booth Allocation

4.1 The Organiser shall freely and solely allocate booth space by drawing up a booth layout for the Event. The Organiser shall, wherever possible, take into consideration the Exhibitor’s goods, the nature of services being provided, and/or the date on which the Application Form was submitted. The Organiser will inform the Exhibitor of the location of the booth which has been allocated to the Exhibitor by means of the booth layout. The Exhibitor should refer to the Exhibitor Manual for information on when the booth layout will be released.

4.2 The booth layout shall come into effect on the day on which it is drawn up, and the layout is subject to occasional subsequent alterations by the Organiser.

5. Surveillance & Cleaning

5.1 During Event opening hours, surveillance of the Exhibitor’s booth shall, in principle, be the sole responsibility of the Exhibitor. Equally, surveillance of the Exhibitor’s equipment and goods during installation and removal shall be the sole responsibility of the Exhibitor.

5.2 The Organiser shall be responsible for the cleaning of communal areas, including but not limited to gangways, the stage, and the food area. The Exhibitor shall adhere to the regulations and conditions on maintaining cleanliness with his or her allocated booth as set out in the Exhibitor Manual.

5.3 If the Exhibitor intends to make use of goods and food products which will generate waste, the Exhibitor shall be responsible for providing appropriate waste collection facilities, such as refuse sacks, and for keeping the area(s) around the booth clean and clear from waste. Other regulations on refuse and waste disposal are stipulated in the Exhibitor Manual.

6. Loss, Breakages & Insurance

6.1 The Organiser shall not bear any responsibility for any loss or breakage to items or goods exhibited by the Exhibitor. Valuables are the sole responsibility of the Exhibitor.

6.2 The Exhibitor shall take out a Public Liability Insurance policy covering third party injury and the destruction, damage, loss or theft of goods. A copy of the relevant certificate of insurance shall be provided to the Organiser at the latest by Sunday 31st May 2015.

7. General Conditions

7.1 Items exhibited and goods shall not be illegal, offensive or obscene. The Organiser reserves the right to solely and freely determine whether an item or good is inappropriate for exhibition at the Event and to demand the cessation of its exhibition or sales. This right also applies in all cases where a dispute has arisen between copyright owners, manufacturers, distributors or any other related parties with regard to an item or good being exhibited or sold at the Event.

7.2 The Exhibitor waives the right to make any claim to the Organiser with regard to the use or broadcast of any images or footage of the Exhibitor’s booth, panels, logos, staff, goods, and/or services on television, video, DVD or any other media (including but not limited to books and pamphlets) both in the UK and overseas, when deemed necessary for the promotion or operation of the Event. All booth staff, contracted parties and joint contractors shall be required by the Organiser to similarly agree to this waiver.

7.3 If the Exhibitor uses pictures or video recordings taken during the Event for promotional or other such purposes during or after the Event, alteration, composition or deletion of advertisements and signage within the Venue which appear in the picture or video recording is prohibited.

7.4 Upon signing the contract, the Exhibitor assumes responsibility to conform to all U.K. laws relating to activities such as advertising and sales generated from your exhibit at the Event. This includes acquisition of visa, customs charges, meeting stipulations for food / chemical management and treatment, etc.

7.5 These terms and conditions and all other regulations to which participation in the Event is subject are subject to and shall be construed in accordance with English law, and the Organiser and Exhibitor agree that the English courts shall have jurisdiction over any disputes arising hereunder.