1. DEFINITIONS, GOVERNING LAW AND INTERPRETATION
1.1 Definitions
In these terms and conditions (the "Conditions") the following words and expressions are expressly
defined and shall have the following meanings:
"Contract" means any contract between the Organiser and the Exhibitor for the provision of services,
incorporating these Conditions;
“Exhibitor” means the person, company or organisation who has contracted for a stand or stands at the Fair;
“Exhibition Site” means the venue as described in the booking form;
“Fair” means the fair as described in the booking form; and
“Organiser” means HD Fairs Ltd a company incorporated in England and Wales (registered number
3750479) and whose office is at Abercromby Avenue, High Wycombe, Buckinghamshire HP12 3AZ.
1.2 Governing law and Interpretation
These Conditions and/or the Contract and any disputes or claims arising out of or in connection with
their subject matter are governed by and construed in accordance with the law of England and the
parties irrevocably submit to the exclusive jurisdiction of the Courts of England in respect of the same.
2.0 OBLIGATIONS OF THE ORGANISER
2.1 The Organiser undertakes to promote Fairs in a professional manner. Fairs will be advertised
appropriately and where possible fairs will be signposted. Details of marketing activities conducted by the Organiser are available upon request at reasonable notice.
2.2 The starting and finishing times of the Fair will be notified to the Exhibitor.
2.3 The Organiser will consider all applications from prospective Exhibitors and will take reasonable
steps to ensure a consistent quality of Exhibitor and a competitive mix of products.
2.4 The Organiser will provide each Exhibitor with stand space, which will be as described on the
booking form in terms of size and location.
2.5 The Organiser carries public liability insurance in the sum of £5,000,000.
3.0 OBLIGATIONS OF THE EXHIBITOR
3.1 Each Exhibitor must provide details to the Organiser of the stock that they wish to sell. Only
appropriate Exhibitors will be accepted. The Exhibitor will accept the Organiser’s decision as to what is acceptable as ‘Craft’ and what is not. This will only be items made or designed by the Exhibitor.The
Organiser may request photographs and/or samples. Exhibitors attempting to display or sell stock that in the opinion of the Organiser is different from that detailed may be required to remove such stock and/or required to leave the Fair or the Exhibition Site at the discretion of the Organiser
3.2 Requests for stands in specific positions will be considered sympathetically but no such request
should be deemed as being binding on the Organiser. Stand allocations will be made taking into
account the nature of the product and the general layout of the venue, and once such allocation has
been made no changes will be permitted. If the Exhibitor wishes to guarantee particular stand type or
position, then a fee of £40 per event will be charged. A high standard of presentation and display is an
essential requirement and a condition of acceptance. Tables must always be covered with cloth reaching the floor.
3.3 The Exhibitor is responsible for ensuring that all stock displayed and/or offered for sale complies
with any relevant UK legislation governing, inter alia, its manufacture, advertising and sale. Without
limitation to the foregoing it is a condition that the Exhibitor, rather than the Organiser, is responsible for obtaining any necessary consents or licences (including without limitation as regards the sale of alcohol or alcoholic goods for consumption on or off the Exhibition Site) and the Exhibitor shall indemnify the
Organiser against any loss to the Organiser as a consequence of the Exhibitor breaching the aforesaid condition in any respect.
3.4 The Exhibitor must not display or offer for sale goods of a noxious or obscene nature or which
contravene any UK legislation. The Organiser reserves the right to remove any such material from the Fair.
3.5 The Exhibitor undertakes to display their stock in the allocated space, in good order and in a
professional and attractive manner.
3.6 The Exhibitor undertakes to ensure that the Exhibitor’s stand is staffed and adequately stocked
throughout the advertised hours of the Fair.
3.7 The Exhibitor is required to complete the dressing of their stand 30 minutes prior to show opening
times. All boxes and stackers must be stowed away safely clear of all gangways and alleyways. The
Exhibitor must ensure their vehicle is parked in the designated parking area, and no vehicles will be
allowed to enter the outdoor arena within 30 minutes of show opening times.
Vehicles will only be allowed to restock stands outside opening hours. The only exception being for
refrigerated food vans that require power, which will be located close to the relevant exhibition area.
3.8 At the end of the Fair all Exhibitors must ensure that their stand is cleared, all rubbish removed and
that the Exhibition Site is left in a clean and orderly state.
3.9 Electricity consumption is free of charge, though connection charges apply. In the interests of safety should the power supply system become overloaded it shall be within the Organiser’s discretion to
request any exhibitor to disconnect lights or any other electrical appliance. All electrical equipment used by Exhibitors should have the relevant IEE certification, and these should be available for inspection.
Kettles and heaters are not permitted.
3.10 The Exhibitor accepts that it may be necessary for the Organiser to request the Exhibitor to move
and/or remove any item in connection with the Exhibition Site, including the removal of vehicles, boxes, packaging materials etc and undertakes to comply with any request reasonably made by the Organiser, its employees or assignees.
3.11 The Exhibitor may not assign, sublet or grant licences in respect of the whole or any part of the
space allocated to them and/or any other benefit or obligation under this agreement.
3.12 All exhibitors are required to have their own Public Liability Insurance and to have it with them at all times.
4.0 PAYMENT AND CANCELLATION.
4.1 Payment may be made by cheque payable to HD Fairs Ltd or by credit/debit card.
4.2 A non-refundable deposit is due at the time of booking any or all events.This deposit will be
deducted from the value of the invoice for the last show booked in each series. Each show will be
invoiced six weeks prior to the event and must be made no later than the date shown. Please indicate
the name of the show and invoice number with your remittance.
IF PAYMENT IS NOT RECEIVED TWO WEEKS PRIOR TO ANY SHOW THE STAND MAY BE
RE-LET AT THE ORGANISER’S DISCRETION.
4.3The Organiser reserves the right to refuse any booking.
4.4The Organiser is entitled to cancel any booking not less than 24 hours before the date of the Fair
should the Organiser (in its sole discretion) deem it beneficial or expedient to do so (for whatever
reason), provided that the Organiser shall then refund to the Exhibitor within 7 days the deposit and any other part of the payment amount then paid by the Exhibitor. The Organiser shall have no liability to the
Exhibitor in respect of any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of contracts, damage to property, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or
indirectly to the Exhibitor.
4.5 IF ANY BOOKING IS CANCELLED FOR ANY REASON THE DEPOSIT IS FORFEIT. If cancellation
is 6 weeks or less prior to the show, the full payment is due unless the stand can be re-let.
ALL CANCELLATIONS MUST BE MADE IN WRITING AND SENT TO HD FAIRS AT THE ADDRESS
OVERLEAF. Verbal cancellations alone will not be acceptable under any circumstances.
4.6 In the event of the Exhibitor entering into liquidation, whether compulsory or voluntary (save for the
purpose of reconstruction or amalgamation) or, being an individual, committing any act of bankruptcy,
the Organiser shall have the right to terminate any contract with the Exhibitor, to cancel the allocation of the stand and to retain all monies paid by the Exhibitor under such a contract.
5.0 CLAIMS, INDEMNITY AND INSURANCE
5.1 Every Exhibitor hereby accepts liability for all acts or omissions of himself, his servants, contractors and agents and undertakes to indemnify the Organiser against all liability in respect thereof and against
all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the Organiser or incurred or become payable by it arising therefrom or in respect
thereof, including any claims arising out of the supply by the Exhibitor of samples of any kind
whatsoever, whether such samples be sold or given away free and including without limitation any legal costs and expenses and any compensation costs and disbursements paid by the Organiser on the
advice of his solicitors to compromise or settle any such claims.
5.2 If the Fair is cancelled by reason of war, fire, national emergency, labour dispute, strike, lock-out,
civil disturbance, inevitable accident, the non-availability of the Fair premises, or any other cause,
whether ejusdem generis or not, without limitation the Organiser may at their entire discretion repay any payment amount paid by the Exhibitor (other than the non-refundable deposit which shall then be used
to cover administration costs of the Organiser) or part thereof, but shall be under no obligation to repay the whole or part of such rental, and shall be under no liability to the Exhibitor in respect of any actions, claims, losses (including consequential losses), costs, expenses whatsoever which may be brought
against or suffered or incurred by the Exhibitor, as the result of the happening of any such events.
5.3 If the Exhibitor, or their servants, agents or subcontractors should fail to remove all their property or otherwise fail to vacate the Fair premises in accordance with the timetable issued by the Organiser, the Organiser will hold the Exhibitor fully responsible for any penalties imposed by the venue owner, or any other losses and costs incurred by the Organiser as a result of the Exhibitor failing to vacate the
premises by the agreed time and the Exhibitor agrees to pay the same on an indemnity basis.
5.4 The Organiser does not accept responsibility for any loss or damage from any cause whatever, in
respect of any property brought to the Fair premises by Exhibitors or stand holders or their servants,
agents, subcontractors or any other persons, and the Exhibitor or stand holder is required to indemnify the Organiser in respect of any such loss or damage to the exhibits or any other property brought to the premises whether it is their property or not. Without limitation the Exhibitor shall indemnify the Organiser in respect of any liability in respect of any damage to the Exhibition Site arising from use thereof by the
Exhibitor, their servants or agents.
5.5 Each Exhibitor shall indemnify the Organiser against any claim which may be made in respect of
any alleged breach or infringement of any copyright, patent or without limitation other intellectual
property right(s) by that Exhibitor during the period of his occupation of an allotted stand space, or
without limitation otherwise in connection with the Fair.
5.6 Save as may be stated elsewhere in these Conditions, all warranties, conditions and other terms
implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods
Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
5.7 Nothing in these Conditions excludes or limits the liability of the Company:
5.7.1 for death or personal injury caused by the Organiser’s negligence;
5.7.2 under section 2(3) of the Consumer Protection Act 1987;
5.7.3 for any matter which it would be illegal for the Company to exclude or attempt to exclude its
liability; or
5.7.4 for fraud or fraudulent misrepresentation.
5.8 Without prejudice to the foregoing provisions of these Conditions:
5.8.1 the Organiser’s total liability in contract, tort (including without limitation negligence or breach of
statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the payment amount as set out in the
application form; and
5.8.2 the Organiser shall not be liable to the Exhibitor for any pure economic loss, loss of profits, loss of business, loss of contracts, damage to property, depletion of goodwill or otherwise, in each case
whether direct, indirect or consequential, or any claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with the Contract.
6.0 FORCE MAJEURE
6.1 The Organiser shall not be liable to the Exhibitor or be deemed to be in breach of the Contract by
reason of any delay in performing, or any failure to perform, any of the Organiser obligations, if the
delay or failure was due to any cause beyond the Organiser’s reasonable control.
7.0 SEVERANCE
7.1 If any provision of the Contract (or part of a provision) is found by any Court or administrative body
of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
7.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the
commercial intention of the parties.
8.0 ASSIGNMENT
8.1 The Organiser may assign and/or subcontract the Contract or any part of it to any person, firm or