Cross  Media  Limited  (hereafter  referred  as  ‘CM’  or  ‘we’)  provides  high-profile  and  high-visibility  platforms  for  the  promotion  of  products  and related services across the U.K. Japanese cultural space. Such platforms include the numerous HYPER JAPAN Festivals, other live events, HYPER JAPAN website, EAT-JAPAN website and other online platforms.  Clients  of  CM  (hereafter  also  referred  to  as  the  ‘Sponsor’  or  ‘you’)  are  invited  to  promote  their  products and services at HYPER JAPAN Festival, other live events and via  our available platforms such as SNS or other relevant mode of advertising. This Agreement governs the relationship obtaining between CM and the Sponsor.

By signing this Agreement, the Sponsor and/or the Exhibitor agrees to the following Terms. 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 2022; the term “Campaign” in all cases refers to Promotion Campaigns or Advertisements conducted by the Organiser; the term “Venue” in all cases refers to Evolution London; 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 or the Campaign by the Sponsor 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 and the duration, schedule, platform and method of Promotion Campaigns or Advertisement 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 Approval, Payment, and Cancellation of Participation
    1. Participation in the Event by the Exhibitor or the Campaign by the Sponsor is pursuant to the terms and conditions contained herein and subject to the submission of a completed Application Form, signed by the Sponsor or by the person who will be responsible for the booth at the Event or 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. .
    2. All invoices are due for payment upon presentation and should any invoice not be paid within 30 days from the date of presentation, the Organiser shall be entitled to recover interest on the amount due at the rate of 12% per annum from the date the invoice became due for payment.
    3. 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).
    4. In the event that the Exhibitor wishes to cancel his or her booth space booking or the Sponsor wishes to cancel his or her Campaign once the Application Form has been received and acknowledged, the Exhibitor or the Sponsor shall be liable to pay the Organiser a cancellation fee as follows: where a written cancellation is received between six and three months prior to the Event or the Campaign: 50% of the total amount payable,  less than three months of the Event or the Campaign: 100% of the total amount payable.
    5. 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.
    6. The Exhibitor or the Sponsor shall bear any bank expenses due on payments to the Organiser in respect of the Event.
    7. The Sponsor is responsible for submitting online promotional materials and covering expenses that may be incurred during the Campaign.
    8. 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.
    9. 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 Organiser, and in no way linked to contracted exhibitors or sponsors. As such, the Organiser may cancel or alter event contents without notice to exhibitors or sponsors; under these circumstances, exhibitor or sponsor contract cannot be changed.
    10. In case of, but not limited to, any reason of force majeure, unforeseen event, fire, explosion, riot, theft, strike, closure, unavoidable economic circumstances, infectious disease, pandemic, government and/or public authority or local authority restraints, natural disaster or any such matter outside of the reasonable control of the Organiser, the following matters shall not be considered a breach of this Agreement by the Organiser:
    11. Change to or Postponement of Event or Promotion Campaign or Advertisement Period;
      1. Change to Preparation and/or Reporting Conditions;
      2. Change of Preparation Period;
      3. Cancellation or Postponement of part or all of the Event or the Campaign;
      4. Some or all of the Event or the Campaign are affected by Third Party matters;
      5. Change of Promotion Platform and Method;
      6. The number of Participants decreases or there are no spectators; and
      7. If cancellation by the Sponsor or the Exhibitor causes the Organiser to incur damages (financial or otherwise), the Organiser will have recourse to pursue the Exhibitor or the Sponsor for compensation.
  2. Termination
    1. The Organiser may immediately cancel this contract by notifying the Exhibitor or the Sponsor in writing in the following cases
      1. When the Organiser determines that the service cannot be provided to the Exhibitor or the Sponsor due to unavoidable circumstances beyond the control of the Organiser;
      2. You are unable to provide or reasonably believes that it will be unable to provide your exhibition stand due to any circumstance not within your reasonable control;
      3. You initiates bankruptcy trustee proceedings or provisional liquidation proceedings, or enters into negotiations with creditors (except in the case of restructuring with solvency), or voluntarily or if the Sponsor company is in a state of dissolution regardless of the court order (excluding the case of business restructuring in a state of solvency) ; or if a trustee is designated for the asset management of the Sponsor, the Sponsor will be the business if continuation is suspended, or if similar procedures or measures are initiated in other jurisdictions.
      4. You fail to pay any amount due under this agreement on the due date for payment; or you commit any breach of the provisions of this agreement.
  3. Transportation, Installation & Removal, Access
    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. 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.
    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.
    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.
    5. Transportation and parking within the Venue site shall be subject to the regulations of Evolution London. 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.
    6. The Exhibitor shall remove all property from the Venue on Sunday 24th July 2022 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.
    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.
    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.
    9. Access to the venue can only be gained on presentation of the official pass provided by the Organiser.
  4. Booth Facilities and Decoration
    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.
    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, waste, 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. 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.
    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.
    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.
    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.
    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.
    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 22nd May 2022. 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.
  5. Booth Allocation
    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.
    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.
  6. Surveillance & Cleaning
    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.
    2. The Organiser shall be responsible for the cleaning of communal areas, including but not limited to gangways, the stage(s), 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.
    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.
  7. Loss, Breakages & Insurance
    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.
    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 (minimum £10 million) shall be provided to the Organiser by no later than 30 days before the start date of the Event.
    3. You may wish to contact those who may assist you with insurance policies you may need as an event exhibitor. Please note that the Organiser cannot be held responsible for any insurance cover you may arrange.
  8. Fake Goods
    1. If the Organiser is made aware of any non-genuine or imitation products being used or sold at the Event, the Exhibitor responsible for these goods will be asked to immediately cease activity at the event and leave the premises. The organiser reserves the right to solely and freely determine whether any items or goods are inappropriate for exhibition at the Event and to demand the cessation of their exhibition or sales. The Exhibitor will be allowed to return at a later time of the cessation day convenient to the Organiser in order to remove any remaining products and equipment from the venue. Failure to comply with these terms will result in a potential permanent ban from the venue, as well as legal action being taken against the non-complying party. The Exhibitor is not entitled to any repayment or compensation from the Organiser in respect of any such cessation of exhibition or sales.
    2. External security staff may be hired by the Organiser at their discretion in order to police and monitor the Event. Exhibitors are expected to comply with any request to view a suspicious product from security.
    3. You may be asked to provide invoices and to prove the legitimacy of your products – if asked you will comply and provide the necessary documents/invoices.
    4. If a representative of UK Trading Standards or the Organiser requests to view a product or requests evidence of its validity, you will provide evidence of this immediately.
    5. If caught with any counterfeit goods, you will be barred from trading at any future HYPER JAPAN events, including any events or promotions associated with the Event and the Organiser.
  9. General Conditions
    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.
    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.
    3. 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.
    4. 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.
    5. This Terms and Conditions will be subject to amendment where appropriate. Current and latest terms and conditions will be available as HYPER JAPAN on web site https://hyperjapan.co.uk/festival/exhibitor-terms-and-conditions/
  10. Cancellation Policy
    1. The Organiser reserves the right to cancel or postpone the Event, or any part of the Event, on limited or no notice in the Organiser’s sole discretion. In the event of a cancellation or postponement of the Event, the Organiser shall not be responsible or liable for any costs, damages, fees, expenses incurred by Exhibitor or other compensation associated with the Event.
      1. Exhibitor and Sponsor Package fees are non-refundable but credit-transferable to future events organised by the Organiser within 2 years in case the Event is cancelled by the Organiser.
      2. Exhibitors and Sponsors can transfer their credit to events include but not limited to future HYPER JAPAN Festival or any other events including online events organised by the Organiser.
      3. Exhibitor chooses not to exercises credit transfer under 10.1.1. and 10.1.2., the Organiser refunds Exhibitor and Sponsor Package fees less expenses incurred by the Organiser after 3 years.
  11. Filming
    1. Sponsors and Exhibitors agree for the Organiser to film and/or photograph any booth, promotions and events which take place.
  12. Publicity Materials
    1. You will contribute to the preparation of publicity materials as may be required by the Organiser.
    2. The sponsorship contract must have been concluded and logo data received by the deadline indicated in order for logos to be featured on event media. Failure to do so may result in your logo being omitted from promotional materials.
  13. Intellectual Property
    1. The Service and its content, features and functionality are and will remain the exclusive property of CM. Stills and video footage taken during the course of the Event belong to CM and CM may use this footage for whatever reason. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and Japan. Our trademarks and may not be used in connection with any product or service without the prior written consent of CM. Any copying of the Event materials (including any stills or videos taken during the course of the Event) or adaptation is strictly prohibited without the prior written permission of CM.
  14. Governing Law
    1. This Agreement will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

Applications/Enquiries: Cross Media Ltd. Tel: +44 (0)20-8963-9903 E-mail: sales@hyperjapan.co.uk