Exhibitor and sponsor terms and conditions for virtual, physical and hybrid events and conferences

Status

Any order submitted by you shall be treated as an offer by you, pursuant to these terms and conditions, to sponsor or exhibit at an Event being organised by Existem. The order shall only be deemed to be accepted when Existem issues written acceptance of the order, at which point and on which date a contract shall come into existence between you and Existem. These terms and conditions, the relevant exhibition or sponsorship agreement related to the Event and your order together constitute the entire agreement between Existem and you and supersedes all prior agreements, negotiations and discussions between Existem and you relating to its subject matter.  

Event access and equipment

Your right to access Event venues shall be strictly subject to all rules and regulations imposed by Existem and/or the relevant venue.  

Access times to Event are available within the exhibitor manual. You agree to ensure that all of your property, equipment and materials are removed from the Event venues before the relevant vacation time notified to you by Existem. In the event that you fail to remove from an Event venue and/or appropriately dispose of all of your property, equipment and materials (whether waste materials or otherwise) prior to the relevant vacation time notified by Existem, then Existem shall be entitled to charge you for all costs incurred by Existem arising from such failure (including, without limitation, any charges made by the Event venue and Existem’s own costs), plus an administration fee of £100. These charges and fees shall be payable immediately following invoice by Existem.

Neither Existem nor any of its representatives shall be responsible for loading, unloading, delivery, erection, dismantling or removal of your property, equipment or materials at the Event venue.

In the event that you wish to use or bring any electrical equipment to an Event venue, you shall ensure that all such equipment has a valid PAT test certificate. Existem reserves the right to request sight of all such certificates either in advance of, or at, the Event. Any equipment found not to have a valid certificate, or which appears to Existem or its contractors to be unsafe in any way, must be removed from all Event venues immediately without liability on the part of Existem or any Event venue.

You shall ensure that any equipment you use or bring will not cause any interruption or loss of power to all or part of the venue or any other exhibitor or sponsor. Details of the agreed power supply for your stand are detailed in your proposal.

Where a stand contractor has been appointed to build your stand. Full dimensional drawings and plans must be submitted to Existem in good time and be approved before the date of the Event in accordance with Existem’s exhibitor manual.

Exhibitors shall only use Existem’s appointed contractors to provide the necessary support and facilities services. Including but not limited to audio visual, and food and drink supplies.

The exhibition or sponsorship space may only be occupied and used for the purposes of your business. No subletting, transferring, assigning or sharing of exhibition or sponsorship space is permitted without the express prior written consent of Existem, which may be withheld or conditioned by Existem in its sole discretion. 

Exhibitors are responsible for the cost of making good, restoring or renewing all damage, other than normal wear and tear, whether caused by themselves, their agents or contractors or by any other person or persons employed or engaged on their behalf by any such agent or contractor.

Co-operation

Without prejudice to the other terms and conditions, you shall provide such information as Existem may require in order to perform its obligations under these terms and conditions.

You undertake to support the Event through appropriate marketing and promotional channels, including social media and to collaborate with us on any appropriate promotional projects relating to the Event.

Intellectual property

In these terms and conditions, the term ‘Content’ means all content that is provided to Existem, or otherwise made available, by you or on your behalf in connection with the Event. 

This includes, but is not limited to, all material included or displayed in any designs for booths, presentations, videos, signage, posters, flyers or related supplementary material.

You warrant that you shall ensure that:

1. You will have and maintain all necessary rights, consents and permissions to allow the Content to be provided and/or presented and/or published and/or distributed at or in connection with the Event, as applicable to the exhibition or sponsorship package you have purchased, 
2. You will have and maintain all necessary rights, consents and permissions to allow the Content to be made available on demand after the Event is held, where applicable for virtual and hybrid Events; 
3. The Content will not infringe any third-party privacy, intellectual property or other rights nor shall it be libellous, unlawful, illegal, defamatory, obscene or offensive;
4. The Content will not be sales led and will be directly relevant to the topic of the Event; and
5. All factual statements contained in the Content are, to the best of your knowledge and belief, true or based on valid research conducted according to accepted norms.

You agree to provide to Existem promptly on request a profile of your company or organisation, the URL to your website and a high resolution version of your logo. You grant Existem a non-exclusive, worldwide, royalty-free licence to use such materials in relation to the promotion and staging of the Event and the performance of the contract. You warrant that:

1. You have all necessary power and authority to grant such licence; and
2.  All such materials shall be true, accurate and complete and shall not be illegal, defamatory, obscene, offensive or infringing of any third-party rights in any manner.

Neither party shall use the name or logo of the other in any way which is likely to damage the reputation of the other or be detrimental to the name or logo or the goodwill associated with them.

You shall indemnify, and keep indemnified, Existem against any costs, losses, damages, claims, demands, liabilities, charges and expenses (including, but not limited to, professional adviser’s costs and expenses) suffered or incurred by Existem in the event of any breach by you of this section (Intellectual property).

Any intellectual property rights created by either party in relation to the Event shall belong to the party who created it. Nothing in these terms and conditions transfers ownership of, or any rights in, any such intellectual property rights or any other intellectual property rights of either party, save for any express licences granted.

Payment

The fees due from you in relation to the Event shall be calculated on the basis set out in the relevant exhibition or sponsorship contract or the online booking page, as applicable.

If you submit your order less than 30 days prior to the first day of the relevant Event, then payment of all amounts due must be made in full and in cleared funds prior to the first day of the Event.   

If full payment of any invoiced sum is not received by Existem by the due date for payment, Existem shall be entitled, in its sole discretion and without warning or liability, at any time prior to the start of the Event to:

1. cancel any order; and/or
2. remove your name, logo and/or Content from all materials, websites, agenda and programmes related to the Event.

In the event of cancellation by Existem for non-payment, this shall be treated as a cancellation by you and the cancellation charges set out in the Cancellation Policy below shall apply.

VAT (Tax)

VAT treatment varies depending on your location. 

1. UK companies: Existem Events Ltd is obliged to collect standard VAT at the current rate regardless of where the event is held.
2. Companies located outside of the UK are deemed out of scope for UK VAT and no VAT will be added.

Charges shown or quoted are exclusive of VAT unless otherwise indicated. Where VAT is applicable it is calculated at the then current standard rate. If the rate is altered as a result of government legislation, charges may be adjusted accordingly.

Cancellation policy

All cancellation requests must be given in writing or by email to Existem. If sent by email, they must only be sent to sales@performancein.com with your account manager in :cc. Your cancellation will not be effective until it is acknowledged in writing or by email by Existem’s sales team, which shall be given without undue delay. 

For any cancellation by you the following cancellation charges shall apply:

1. If you cancel this agreement over six months prior to the event, a cancellation fee equal to 50% of the total contract shall apply or; 
2. If you cancel this agreement between three months and six months prior to the event, a cancellation fee equal to 75% of the total contract shall apply or;
3. If you cancel this agreement within three months of the event a cancellation fee equal to 100% of the total contract shall apply.

In the event of you breaching these terms and conditions or in the event of your bankruptcy, you entering into liquidation, you having a receiver, administrator or trustee appointed over any of your assets or you entering into any composition or compromise with your creditors, Existem reserves the right to cancel your order immediately without liability to you. Any such cancellation shall be deemed to be a cancellation by you and the cancellation charges above shall apply. 

Existem is not under any obligation to resell any exhibition space or sponsorship package cancelled by you. However, for physical space at physical or hybrid Events only, in the event that Existem does resell such space, then the cancellation charge payable by you shall be reduced by the amount Existem actually receives from the re-sale of the space. However, notwithstanding the amount Existem actually receives, the cancellation charge payable by you shall not be reduced below 20% of the total invoice value, which shall remain payable by you in all circumstances.

This 20% charge shall be payable by you to cover Existem’s administration costs in dealing with your cancellation and reselling the space. Existem shall refund the relevant reduction in the cancellation charge within 30 days of the end of the Event.

Any payments made by you in cleared funds in relation to the cancelled order prior to the cancellation shall be taken as payment (or part payment as the case may be) of the relevant cancellation charge set out above. In the event that the payments already made by you in cleared funds in relation to the cancelled order exceed the relevant cancellation charge set out above, then Existem shall issue a credit note and refund payment to you within 30 days of acknowledgement of your written cancellation.

Any reduction by you of your requirements for the Event shall be treated as a cancellation of those requirements, and shall be subject to the cancellation charges set out above in relation to the charges for the requirements cancelled.

You agree that the above cancellation charges are a genuine and reasonable estimate of the costs which will be incurred by Existem in administering your booking and cancellation and the loss it would suffer generally, and specifically in trying to resell exhibition space.

Event cancellation or postponement

Existem reserves the right to cancel or postpone any Event at any time and at its sole discretion. In the event of a cancellation by Existem you shall be entitled to either:

1. Terminate this Agreement; or
2. Elect to apply the Exhibition or Sponsorship Fee (whether or not paid to us) to another Existem event, provided that the date of such event is less than eighteen (18) months from the date of such cancellation.

In the case of postponement of the Event:

1. Where the new Event date is less than eighteen (18) months away from the original Event date, you shall be deemed to have accepted the new Event date and may not terminate this agreement or elect to apply the Exhibition Fee to another of our events; or
2. Where the new Event date is more than eighteen (18) months away from the original Event Date, elect to apply the Exhibition or Sponsorship Fee (whether or not paid to us) to another of our events.
3. Where the new Event date is more than twenty four (24) months months from the original Event date, terminate this Agreement and request a full refund.

In the event of cancellation or postponement, Existem will use reasonable endeavours to alert you and details of any cancellation or postponement will be posted on the appropriate Event website. You are responsible for checking this information prior to the Event.

We shall not be deemed to be in breach of this agreement or otherwise liable to you for any failure or delay in performing our obligations under this Agreement as a result of an event or series of connected events outside our reasonable control (including, without limitation, acts of God, floods, lightning, storm, fire, explosion, war, military operations, acts or threats of terrorism, strike action, lock-outs or other industrial action or a pandemic, epidemic or other widespread illness)

You agree that the above cancellation charges are a genuine and reasonable estimate of the costs which will be incurred by Existem in administering your booking and cancellation and the loss it would suffer generally, and specifically in trying to resell exhibition space.

Changes

Existem reserves the right to make alterations to the programme, date, venue and/or timing of an Event at any time without prior notice.

In exceptional circumstances, Existem also reserves the right to relocate or amend your booked exhibition or sponsorship space for a hybrid or physical Event at any time and for any reason (including, without limitation, due to legal or regulatory requirements, venue rules and regulations or safety requirements). Existem shall use reasonable endeavours to ensure that, in the event of relocation, the relocation has been discussed with you and any substitute space is of equivalent size to your originally booked space (subject to availability). Existem also reserves the right to amend or reconfigure the exhibition or sponsorship space in the vicinity of your booked space.

Existem’s rights under this section (Changes) may be exercised without liability on its part.

Warranty

Existem warrants that it shall use reasonable endeavours to perform its obligations under the contract with reasonable skill and care. Except as expressly set out in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract. 

Existem shall have full power to make amendments and set further terms and conditions, and rules as shall be deemed necessary in the best interests of the Event.

Liability

You are required to comply with, and ensure your employees, agents or other representatives comply with:

1. Existem’s delegate and general code of conduct; 
2. all applicable laws, standards and regulations; 
3. the reasonable directions of any Event venue; and
4. all the rules and regulations governing participation in the Event and/or access to any Event venue. 

In relation to physical and hybrid Events:

1. You are fully responsible for the health and safety or your employees, agents and other representatives attending the Event and Existem shall not be liable for any death or personal injury suffered by any of them during the Event (subject to the other terms and conditions set out here);
2. You must insure and keep insured any property or equipment that you or any of your employees, agents or other representatives bring to the Event venues, and any such property and equipment is brought to, and left, at the Event venues at your own risk. Existem shall not in any circumstances assume any liability for such property or equipment; and
3. Existem reserves the right, in its sole discretion and without liability, to require the removal of any of your employees, agents or other representatives who: (i) fail to comply with Existem’s code of conduct or any of the rules and regulations governing participation in the Event; or (ii) commit any breach of these terms and conditions.

You warrant that you shall not, by any act or omission, cause Existem to be in breach of its agreements with any of its third-party providers in relation to the Event.

Subject to the other provisions of this section (liability), Existem shall only be liable to you and your employees, agents and other representatives for proven direct losses suffered due to the negligent acts or omissions of Existem and Existem’s liability for these proven direct losses in relation to each event is limited in total to the amount actually paid by you to Existem for the relevant event.  

Existem shall not be liable (whether such liability arises due to negligence, breach of contract, misrepresentation, or otherwise) for any direct losses or damages which it has not expressly assumed liability for above or for any indirect or consequential losses or damages, in each case, even if such loss was reasonably foreseeable or Existem had been advised of the possibility of you incurring the same. In addition, Existem shall not be liable (whether such liability arises due to negligence, breach of contract, misrepresentation, or otherwise) for any claims for loss of use, profit, business or data or for damage or loss suffered by you as a result of an action brought by a third party, in each case whether direct, indirect or consequential and even if such loss was reasonably foreseeable or Existem had been advised of the possibility of you incurring the same. 

Nothing in these terms and conditions is intended to limit or exclude any liability which Existem is not able to limit or exclude by law including, but not limited to, liability for any fraudulent misrepresentation and/or for any death or personal injury caused by its negligence. You shall indemnify Existem, and keep Existem indemnified, for any costs, losses, or damages that Existem suffers, incurs or pays to any event venue, accommodation venue, software or other supplier connected to the event arising from or connected to: (i) any breach by you or your employees, agents and other representatives of these terms and conditions; (ii) any damage done to an event or accommodation venue or any equipment thereon (whether provided by Existem, the venue or otherwise) by you or your employees, agents and other representatives, including, but not limited to, any equipment provided for the Event; and (iii) any injury suffered by any person, animal or item caused by or in consequence of any act or omission of you or your employees, agents and other representatives.

You must put in place appropriate insurance to cover any costs, liabilities or other losses that you may suffer or incur arising out of these terms and conditions (including, without limitation, the indemnity above), any cancellation of any Event for any reason, any damage or loss to your (or your employees, agents and other representative’s) property or your inability to attend the Event for any reason (including any reason beyond your control). The appropriate insurance which you must put in place must include, but is not limited to, public liability insurance with a liability limit of at least £5,000,000 (five million) per event. (or $USD equivalent) you acknowledge that Existem shall not be liable for any costs or losses arising due to such cancellation or inability to attend, save to the extent expressly set out in these terms and conditions, and therefore it is your responsibility to ensure you have appropriate insurance.

Data protection

Any contact information given to Existem by you in relation to your employees, agents or representatives will be recorded in Existem’s databases and will be used for marketing, administration and promotional purposes. If you do not wish to receive further correspondence from Existem which does not relate to the contract or the Event then you should email sales@performancein.com.

Existem may also share this information with its Event sponsors, partners and group companies in order for them to contact those persons about other products and services which may be of interest to them. Existem may also share this information with providers of services relating to the Event (e.g. online or physical exhibition suppliers, venues, hotels etc.) for purposes of fulfilling your booking. These providers, group companies, partners and sponsors may not be located in the European Economic Area, and you expressly agree to the transfer of such information to these persons. Existem agrees to comply with all applicable UK data protection legislation in relation to its performance of the contract. You are also referred to Existem’s privacy policy, which forms part of these terms and conditions.

Existem is not responsible for the acts or omissions of any third party to whom it is entitled to pass your information under this section (Data Protection).

In addition, you acknowledge that Existem and/or its representatives and/or any delegate and/or any attendee at the Event may take photographs and/or video footage of all or part of it. Existem (and its group companies) may then include any of these photographs and/or video footage on any of its websites or in its printed or electronic products and/or other promotional materials, at its discretion; unless it receives an explicit written request from you confirming that you do not want Existem to use any images identifying any of your employees, agents or representatives.

Confidential information

In these terms and conditions, the term ‘Confidential Information’ shall mean all information of a confidential nature in whatever media acquired by a party in connection with the contract or the Event, the other party’s business or data, the affairs of the other party, and which is either identified as confidential when it is acquired or it would be clear to a reasonable person that it is of a confidential nature.

In respect of all Confidential Information acquired by one party (the “Recipient Party”) from the other party (the “Supplying Party”) the Recipient Party hereby undertakes:

1. Not to use the Confidential Information for any purpose other than the performance of the contract;
2. Only to disclose the Confidential Information to the extent necessary to those of its employees, staff and contractors (and the employees, staff and contractors of any of its subsidiaries), to whom disclosure is necessary for the performance of the contract;
3. Not to disclose the Confidential Information to any third party without the prior written consent of the Supplying Party; and
4. Not to copy or reduce the Confidential Information to writing or other recorded form except as shall be reasonably necessary for the purposes of the contract, and the Recipient Party will be responsible for the fulfilment of the above obligations by its (and its subsidiaries) employees, staff and contractors and by third parties to whom it has communicated Confidential Information in accordance with subsection (c) above.

The obligations above will not apply to any Confidential Information which: 

1. Is in or comes into the public domain otherwise than by a breach of the contract by the Recipient Party; or 
2. The Recipient Party can show was rightfully in its possession prior to receipt from the Supplying Party; or 
3. The Recipient Party receives without restrictions on disclosure from a third party who has not received the Confidential Information directly or indirectly from the Supplying Party; or
4. Is disclosed pursuant to the requirement of any law or regulation or the order of any court of competent jurisdiction; or 
5. Has been independently developed by the Recipient Party; or 
6. Is approved in writing for release by the Supplying Party.

Force majeure

Existem shall not be liable for any delay or default in performing its obligations under the contract if such delay or default is caused by reasons beyond its reasonable control including, but not limited to war, insurrection, national emergency, epidemic, pandemic, interruption of failure of any utility or telecommunications service or network, terrorism, government restrictions, acts of god, industrial action, unforeseen closure of Existem’s usual place of work, unavailability of key personnel and/or any other cause beyond the reasonable control of Existem provided that Existem shall give you reasonable written notice following the occurrence of the reason relied upon and its estimate of the dates by which the performance obligations are scheduled to be met.

General

These terms and conditions apply to your order to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Existem which is not set out in the contract.

Nothing in the contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between the parties, nor constitute either party the agent of the other party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

A person who is not a party to the contract shall not have any rights under or in connection with it.

The contract is personal to Existem and you and neither Existem nor you shall be entitled to assign or novate their rights or obligations under it, without the prior written consent of the other.

Any variation, including the introduction of any additional terms and conditions, to the contract, shall only be binding when agreed in writing and signed by a duly authorised representative of Existem.

If a court or any other competent authority finds that any provision of the contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the contract shall not be affected.

A waiver of any right under the contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Governing law

These terms and conditions are governed by English Law and the Courts of England and Wales shall have exclusive jurisdiction to determine any disputes which may arise under them.

Should you require clarification on any aspect of the Event or these terms and conditions please contact Existem using the details below:

Events Team
1 Victoria Street
Bristol, BS1 6AA
United Kingdom

Email: hello@performancein.com