1. Organizer and event venue

(1) The organizer is:

Evolution Fair B.V.

Klokgebouw 215

5617AC Eindhoven

The participation fee will be billed by Evolution Fair B.V., hereinafter called “the Organizer”.

(2) The event will be held on the grounds of Westergasfabriek in Amsterdam The Netherlands, hereinafter called “exhibition grounds”.

(3) Location-related services will be rendered by Organizer and billed to the exhibitor.

 

  1. Registration

(1) For acceptance as an exhibitor at the event, applicants must register in due form. If exhibitors wish to register in writing (print registration), they must submit a duly completed event registration form. This registration form is to be signed and stamped by the exhibitor in a legally binding way. Exhibitors

can also register online by sending the registration form electronically (online registration). Online registrations are valid without a signature and stamp if sent from password-protected portal. Registration must be received by Organizer by the date given on the registration form. The registration applies to the dates specified on the registration form. Submission of a registration form does not constitute a claim to being approved as an exhibitor.

(2) Organizer shall not be liable for the consequences or damages directly or indirectly ensuing from incorrect, misleading, imprecise or incomplete information either contained in the registration form or based on any other details furnished by the exhibitor; Organizer reserves the right to refuse to consider inadequately or not fully completed registration forms or registration forms submitted later than the date specified.

(3) Receipt of the written registration form will not usually be confirmed. In the event of confirmation of receipt being given, this cannot be considered as stand confirmation as specified under the terms of Section 5. For online registrations, the exhibitor will receive an electronic confirmation of receipt, which

does not constitute a stand confirmation as specified under the terms of Section 5 either.

(4) The withdrawal of registration, even prior to receipt of stand confirmation, always requires the prior consent of the Organizer regardless of the registration date. 

  1. Stand allocation and alteration of stand space

(1) Stands will be allocated on the basis of exhibition-specific criteria. Exhibitors have no right to any particular position, stand size or stand type, regardless of any positioning proposal which may have been made on the registration form.

(2) When allocating stands, Organizer is entitled to classify the registered products; it shall decide on the product group to which the exhibitor’s range is to be allocated. Organizer may offer the exhibitor a selection of other stand sizes. Stands of less than 8 m² are not permitted.

(3) Organizer has the right to make changes to stands or to stand allocation, even after confirmation has been issued, inasmuch as it has a substantial interest in such measures due to special circumstances.

(4) In the event of such measures, the exhibitor has no right to make claims against Organizer for rescission or damages, except in cases of intent or gross negligence.

(5) In addition to procuring stand space pursuant to Item 4 par. 1-4 the following services are also provided to the exhibitor on behalf of the Organizer: Provision of partitions for the stand and number panel for the stand; basic lighting for stands from hall lighting; air conditioning in hall; allotment of admission tickets for exhibitors for the setting up and dismantling phase as well as for the duration of the event; event visitors´ marketing; PR and press conferences; electronic and visual visitors´ orientation systems; mandatory media/marketing package (exhibitor´s entry in event´s Website, exhibition final cleaning of the individual exhibition space. 

  1. Conclusion of Contract of Participation

(1) Acceptance as an exhibitor is issued in the form of written confirmation giving details of the stand. This constitutes a Contract of Participation between the exhibitor and Organizer which is legally binding. The Contract of Participation is valid for the period of time specified.

(2) The Contract of Participation applies only to the registered exhibitor or, respectively, to the joint stand organizer and the participants sharing the latter’s stand. No additional assignment of the confirmed stand, wholly or partially, even if free of charge, to third parties or inclusion or representation of other companies on the stand is permitted. An exchange of stands is only permissible with the prior written consent of the Organizer. If this ruling is not observed, Organizer is entitled to terminate the contract without notice and to have the stand cleared at the exhibitor’s expense. 

  1. Terms of payment, termination in the event of non-payment and insolvency, lien

(1) In return for the right to participate in the event and to use the exhibition space, the exhibitor shall pay remuneration (stand rent) to the Organizer. Subsidiary costs are not included in stand rent. The prices applying to the event are specified in the registration form, service folder, price lists, etc.

(2) The exhibitor will usually receive an invoice for the stand rent together with stand confirmation. VAT at the current rate must be added to all prices, which are to be paid in euros. The invoice is payable IN FULL two and a half months prior to the start of the event. Down-payments are due immediately after receiving the first invoice after registration. If, after an invoice has become payable, an exhibitor applies for and is allocated a larger space than originally scheduled, the additional amount will be payable immediately. The payment is to be made in due time so that the organizer can make use of it in its bank accounts, free of charges, by the date specified.

(3) Objections to invoices must be made in writing within a preclusive period of 14 days following receipt of the invoice. The invoiced sum may not be offset against non-recognized claims against the Organizer.

(4) Stand confirmation is subject to full settlement of all outstanding and payable claims of the Organizer against the exhibitor. Stand confirmation issued despite outstanding and payable claims is subject to the condition that such outstanding accounts be settled immediately on receipt of stand

confirmation. The organizer is entitled to withdraw from the Contract of Participation at any time and to make other use of the exhibition area in question.

(5) Stand confirmation is issued to new exhibitors on the condition that the stand rent is paid within the period prescribed (Section 6. (2)); failing this, The Organizer is entitled to terminate the Contract of Participation at any time and to make other use of the exhibition area in question. New exhibitors

are exhibitors who did not participate in the corresponding prior event.

(6) In the event of insolvency proceedings relating to the exhibitor or inability to pay on the part of the exhibitor during the period covered by the contract, the exhibitor shall inform the Organizer immediately.

(7) Organizer is entitled to give notice of termination of the Contract of Participation, by registered mail sent to the last known address of the exhibitor, without observing the periods specified for notice and irrespective of the continued liability of the exhibitor for the entire stand rent, if;

  1. an application for insolvency proceedings has been filed or such proceedings commenced relating to the exhibitor or the exhibitor has discontinued payment or
  2. the stand rent has not been received or has only been partially paid by the last dates specified for payment. After receipt of notice of termination, Organizer may make other use of the exhibition area in question. In the event of an occurrence as defined in lit. a, Organizer can refuse acceptance for future events. The exhibitor has no right to claim damages from Organizer.

(8) To cover all obligations not fulfilled by the exhibitor, Organizer has a lien on the stand equipment and exhibits belonging to the exhibitor. The Organizer may, if the commitment is not fulfilled within the time specified, have the attached articles auctioned or, providing they have a market price or are

quoted on the stock exchange, sell them on the open market, having given the exhibitor notice of intent one month prior to sale. Organizer is not liable for damage to or loss of the attached goods.

  1. Event schedules, postponement and alteration of length of event, cancellation or abandonment of the event.

(1) The duration of the event is specified in the registration form. During this period, the event is open for visitors daily from 9 a.m. to 6 p.m. and for exhibitors daily from 8 a.m. to 7 p.m., unless individually specified otherwise. Entry to the exhibition grounds is not permitted outside of these times.

(2) Specified days prior to and after the event can be used by the exhibitor for stand set-up and dismantling. Further details are given in the service folder. Only in exceptional circumstances can set-up and dismantling work be carried out outside of this period and then only at extra cost with the prior written consent of the Organizer. The Organizer reserves the right to change contractual set-up and dismantling times at short notice inasmuch as it has a substantial interest in such measures due to special circumstances; as far as legally permissible, exhibitors have no claim to damages.

(3) Inasmuch as it has a substantial interest in such measures due to special circumstances, the Organizer is entitled to change the time and/or venue of the event and to alter the length and/or opening hours of the event.

If the time or venue of the event is changed or its length is altered, the contract is deemed made for the new time and/or event venue; there are no rights of rescission whatsoever ensuing therefrom nor from any alteration to the hours of opening. No claims for damages can be made under such circumstances.

(4) If the event is not held for reasons for which the Organizer is not responsible or due to force majeure, the Organizer has the right to cancel the event altogether or to hold it on a new date. The exhibitor shall be notified accordingly. If the event is scheduled to be held on a new date, the exhibitor

has the right to cancel his participation on the new date, providing he does so within one week of receipt of notification of the new date.

(5) If the event is abandoned, once opened, owing to circumstances for which the Organizer is not responsible, rescission of the contract or submission of a claim for damages is excluded. The same applies if the Organizer, by reason of force majeure or other such circumstances beyond the control of

the Organizer, is forced to close or clear several areas of the event or even the entire exhibition area either temporarily or for a longer period of time. This also includes any restrictions on utilization of the contractual stand area or access to it which may ensue due to reorganization or reconstruction

measures or due to regulations and instructions issued by the appropriate authorities. Under such circumstances, the Organizer will endeavor to provide an alternative solution, yet in no way acknowledges a legal obligation to do so. 

  1. Use of the stand, damages and liability in the event of non-participation, cancellation fees, termination without notice

(1) The exhibitor undertakes to use the stand for the duration of the event in conformity with the terms and conditions relating to event participation and to keep the stand sufficiently manned at all times during the hours of opening (compulsory presence). Each exhibitor undertakes to mark the stand with the name and place of business of his company according to the details given in stand confirmation. In addition, the exhibitor has an obligation to use the stand in compliance with acceptance criteria and in a way suited to stand size and the exhibits on show. The Organizer has the right to inspect such use.

(2) If the exhibitor, although registered and accepted, does not participate in the event for any reason whatsoever, the Organizer is entitled to allocate the stand to another user. If the Organizer is not able to reallocate the stand that has become free, it has the right to design it at the exhibitor’s expense.

(3) Under all circumstances, the exhibitor is fully liable for the whole stand rent. The obligation of the Organizer to limit avoidable consequences is not prejudiced thereby.

(4) If the exhibitor fails to participate in the event, cancellation fees will be charged, regardless of whether the stand is re-rented or not.
If the Organizer is notified of cancellation up to four weeks prior to the start of the event, a cancellation fee of EUR 375,- will be charged. If the Organizer is notified of cancellation within four weeks prior to the start of the event, the Organizer is entitled to charge the exhibitor with the full participation fee, including stand rent and subsidiary costs.

(5) This also applies if the stand allocated has not been occupied by 6 p.m. on the day prior to the start of the event or if the stand has been completely or partially cleared before the end of the event and is no longer manned or if the products registered and accepted are not exhibited.

(6) Exhibitor is not allowed to bring on the venue and in his stand any form of food and beverage. Coffee and Thee will be provided by the Organizer two times a day in the morning and in the afternoon including a bottle of water each time. Food may be bought at the restaurant of the venue.

(7) Nothing shall be  tacked, nailed, screwed, stapled, or otherwise attached to ceilings, columns, walls, floors, painted surfaces, or other parts of the building or furniture. No holes may be drilled, cored, or punched in the building. All property destroyed or damaged by an exhibitor must be restored to original condition by the exhibitor at the exhibitor’s expense.
(Double sided) Tape is allowed to attach to the walls and/or stand furniture. The exhibitor is obliged to remove all tape and residues from the walls and/or furniture. The exhibition furniture must be restored to original condition. The exhibitor will be held accountable for any damage – including tape residues – to the exhibition furniture, walls, floor, or other parts of the building or furniture.
The Organizer is entitled to charge the exhibitor with a fine of at least EUR 350,- for any stand left damaged and/or not in original condition.

  1. Exhibits

(1) During the event, the stand must be furnished with the exhibits which have been registered and accepted for display. Exhibits must not be exchanged for different exhibition samples. During the hours of opening, articles on display may not be concealed.

(2) Only brand-new articles or unique items may be used as exhibits. The manufacture of articles on the stand itself may only be carried out with the special permission of the Organizer. To demonstrate machines, appliances, plants, instruments, etc., the regulations on the installation and demonstration of machines and instruments are applicable, as well as any additional special regulations. 

  1. Visitor authorization

(1) Trade buyers and other trade visitors are authorized to visit the event. The Organizer is entitled to carry out appropriate checks at the entrance and to refuse entry to visitors who are not appropriate to the aim of the event.

(2) The Organizer may declare the event to be completely or partially open to the general public. 

  1. Sales activities, prohibition of counter sales, termination without notice if obligations are breached

(1) The exhibitor may accept orders and commissions from specialist trade buyers who furnish proof of their identity as such and may conclude contracts for performance outside of the event. The same applies to exhibits which are to be delivered once the event has finished.

(2) Sales which do not serve the commercial purposes of the purchaser, this also applies to buyers from other trades, are not allowed, even if this involves the conclusion of contracts for performance after the event has finished. In addition, this applies particularly to any periods in which the general

public is admitted to the event. 

  1. Advertising

(1) The inside area of the stand may be used by the exhibitor for advertising his own exhibits only.

(2) The Organizer may issue regulations relating to the design of the outer stand areas, taking account of the overall impression to be made by the exhibition.

(3) Publicity measures outside of the boundaries of the stand may not be implemented either at the exhibition grounds or in their direct vicinity; this condition also applies to the use of persons for publicity purposes, as well as the distribution or affixing of any kind of advertising material, such as

leaflets, posters, stickers, etc.

 

  1. Exclusion of liability

(1) The Organizer is not liable for damage, in particular the following damage to property or financial losses, damage caused by fire, water, explosion, violent attacks, storms or other instances of force majeure, damage caused by theft, burglary, breakdown of supply services (such as electricity, gas, water), damage incurred as a result of the security regulations, damage caused by the general public (in particular, by visitors to the event, other exhibitors) damage caused as a result of erroneous data given and measures taken by the Organizer, its employees and those acting on behalf of the Organizer

(2) Excepted from the exclusion of liability detailed above are property damages and injuries to life, body or health caused by the Organizer and due to intent or gross negligence.

(3) In the event of ordinary negligence, the Organizer is only liable for breaches of major contractual obligations or injuries to life, body or health.

(4) the Organizer must be notified of any damage immediately.