TERMS AND CONDITIONS
- Vendor Covenant
- The vendor agrees to abide by all rules and regulation adopted by Management and contained in this agreement.
- All matters not covered in these rules and regulations are subject to the decision of Management. Vendor agrees that Management shall have the final decision in any disputes between Vendor and the adoption of any rule or regulation deemed necessary prior to, during and after the sale of goods and services.
- Vendor agrees to abide by all rules, requirements and regulations of the official contractors serving the Facility and all rules, requirements and regulations of the Facility and the jurisdiction in which the facility is located.
- Management reserves the right, in its sole discretion, to:
- Determine the eligibility of vendor and exhibits for show,
- Reject or prohibit Vendor that Management considers objectionable,
- Relocate Vender when in Management’s opinion such moves are necessary to maintain show’s character and/or good order, and
- Should any rented space remain unoccupied on the opening day, or at any time thereafter, management may rent said space to another Vendor, but this shall not be construed as affecting the obligation of the no-show Vendor to pay the full amount of the rental Agreement, whether or not said space is resold.
- A Vendor warrants is properly licensed by the appropriate authorities to sell and operate the products and services it is offering the public.
2. Display and Products
- Vendor agrees to occupy the contracted space during the term of the show and to display only the products described on the Agreement and approved by Management.
- Show Management does not guarantee in any way the attendance figures for any Event or the success of any Vendor.
- Show Management does not offer exclusivity for any products or services.
- Vendors are to have their booth set up and ready one hour prior to show opening unless Show Management gives prior written approval. Failure to occupy a leased space during all of the fair hours may be cause for Show Management to remove and replace the display with that of another Vendor.
- Vendor shall maintain a responsible individual or individuals in the leased space at all times during the designated exhibition hours. Vendor shall be responsible for the conduct of any employee, agent, visitor or guest of Vendor in the display space.
- To enter show, all Vendors working personnel must display credentials provided by Show Management. Credentials are nontransferable.
- Show Management reserves the right to cancel any transferred credentials or credentials used by any party other than the individual to whom they were issued.
- No branded pull ups is allowed.
- Assignment and Subletting
- The Vendor shall not assign any rights under this Agreement or sublet the space without the prior written permission of Show Management, whose permission may be arbitrarily withheld.
- Vendor agrees to defend, indemnify and hold harmless Show Management from all third-party investigations, threats, claims, demands, lawsuits, arbitrations and Judgments (collectively “Claims”) against Show Management arising from, or related to, Vendor’s actions. It is expressly understood that Vendor’s actions are meant to include the actions of attendees interacting with Vendor, Vendor’s staff and/or Vendor’s exhibit at a show. Upon acceptance of Vendor’s Indemnity Obligation, Vendor shall have the right to appoint counsel for Promoter and control the defense and/or resolution of all Claims.
5. Vendor’s Property
- Although security service will be furnished for the show, all of the Vendor’s property at the show shall be at the sole risk of the Vendor and neither Show Management nor the Facility assumes any responsibility for damage to, loss or theft of property belonging to Vendor, its agent, employees, business invitees, visitors or guests.
- All video and still photography of any show exhibit and/or exhibit staff taken by any agent of Show Management will remain the property of Show Management for use in promoting current and future events, or for use of any other purpose.
- Vendor agrees to remove its exhibit from show site by the final move-out time, or in the event of failure to do so, Vendor agrees to pay Show Management for any additional incurred costs. A breach of any conditions of this Agreement, which shall result in damages to Show Management, or a failure by Vendor to remove an exhibit or equipment at the time determined by Show Management, shall cause the Vendor to become immediately liable on any unpaid sums.
- Vendor is liable for any damage caused to the building or to any property of Show Management, its agents, other Vendors or any other person or entity.
- Smoking is never permitted inside facility. Displays causing smoke or offensive odors must be approved by show management and provide an exhaust to outside of building.
7. Cancellation and Termination of Contract
- This Agreement may only be canceled if a written notice is received and accepted by Show Management prior to the stated date. Upon acceptance of the cancellation of this Agreement, all sums paid in advance will either be refunded or credited to another show.
- If the Vendor cancels after the stated date the Vendor is liable for full payment of the exhibit space rental, whether or not it has been paid in full as of that date. All sums paid and/or owed will be forfeited and retained by Show Management as liquidated damages.
- In the event the Vendor fails to make a timely payment or fails to comply in any respect with the terms of this Agreement, Show Management reserves the right to cancel this Agreement without notice and all rights of the Vendor hereunder shall cease and terminate.
- Failure to appear at the event does not release the Vendor from responsibility for payment of the full cost of the space rented.
8. Cancellation or Curtailment of Event
- Should the premises where the show is being held become unavailable for occupancy, for “cause or causes” not within the control of Show Management, Show Management and sponsors will not be held responsible for any claims that might arise in consequence thereof. The “cause or causes” listed will include, but not be limited to, such items as: fire, lightning, flood, casualty, explosion, weather, epidemic, earthquake, acts of public enemies, acts of terrorism, riots or civil disturbances, strike, lockout, boycott or other Acts of God.
- Show Management reserves the right to cancel or postpone the Show before event’s opening without any liability on the part of Show Management.
- Vendor acknowledges that Show Management and facility in which exhibits are housed do not maintain insurance covering Vendor’s property or persons, and that it is the sole responsibility of each Vendor to obtain business interruption, property damage, extra territorial, personnel, public liability and any other related insurance.
10. Limitation of Liability
- In addition to the specific provisions in this Agreement, Show Management shall have no liability whatsoever arising out of, or related to, indirect, special, incidental, punitive or consequential damages. This includes damages for loss of business, loss of profits, litigation or the like, whether based on breach of contract, breach of warranty or tort (including negligence), even if advised of the possibility of such damages. Vendor agrees that in no event shall recoverable damages exceed the amounts paid by Vendor under this agreement.
11. Terms and Conditions
- Terms and conditions of this agreement are applicable to all shows produced and managed by Show Management.
12. Complete Contract
- This Agreement is not accepted by The Big Day Event nor final and binding until approval by The Big Day Event show management.
- This Agreement, together with any attachments provided by Show Management, constitute the complete Agreement between Show Management and the Vendor.
- This Agreement supersedes all previous or contemporaneous negotiations, arrangements or understandings between Show Management and the Vendor with respect to the subject of this Agreement. Vendor agrees it is not relying on any other statements, representations or omissions made by Show Management, its agents, employees and representatives, prior to this Agreement, and/or not contained in this Agreement, in its decision to enter this Agreement and participate as a Vendor.
13. No modification of this Agreement shall be valid unless approved in writing by Show Management.
14. This Agreement shall be construed under the laws of the Republic of Ghana and all obligations hereunder shall be performable in Accra. All legal actions brought to enforce rights under this Agreement shall be instituted in the High Court.
This Agreement shall not be construed against either party.