Article 1 - Definitions.
In these MASTERS EXPO General Conditions of Exhibition Participation (hereinafter referred to as 'Conditions'), 'Exhibition' means: MASTERS EXPO; 'Organiser: MASTERS HQ.', 'Exhibitor': any natural or legal person with whom the Organiser negotiates the establishment of an Agreement; 'Agreement': the agreement concluded between the Organiser and Exhibitor regarding participation in the Exhibition, as well as any amendment or addition thereto; 'Exhibition Space': Amsterdam RAI complex, Europaplein, Amsterdam.
Article 2 - Applicability.
These Conditions form part of the Agreement and apply to all related (legal) acts between Organizer and Exhibitor. The applicability of any specific or general terms and conditions or stipulations of Exhibitor or third parties is expressly rejected by Organizer.
Article 3 - General
The Fair will take place on December 7, 8, 9, 10 and 11, 2023 at the Amsterdam RAI, Europaplein, Amsterdam. On Thursday, December 7, the Fair will be open from 12:00 to 20:00. On Friday, December 8, the Fair will be open from 12:00 to 20:00, Saturday, December 9 from 12:00 to 20:00 (VIP DAY), Sunday, December 10 from 11:00 to 20:00 and Monday, December 11 from 12:00 to 18:00. Organizer has the right to unilaterally adjust opening hours times.
Article 4 - Formation of agreement
An Agreement is established only if and to the extent that Organizer accepts in writing an application by Exhibitor for participation in the Fair. Organizer expressly reserves the right to refuse participation in the Fair after registration, without giving reasons and without any claim for the registrant arising therefrom.
Article 5 - Obligations of Organization
The Organizer will take care of the preparation and organization of the Fair, the provision of publicity concerning the Fair, the rental of the Exhibition Space, security, the presence of a secretariat and the provision of standard booth spaces. Only the Organizer assigns to the Exhibitor a booth space in the Exhibition Space, taking into account as much as possible the wishes of Exhibitor. Organizer reserves the right to allocate to Exhibitor a larger or smaller booth space than requested for allocation of which Exhibitor has requested, without any claim of Exhibitor arising therefrom.
Article 6 - Obligations of Exhibitor
Exhibitor shall pay the participation fee in accordance with the relevant provisions of Article 11. Exhibitor shall set up and break down the rented stand space in good time in accordance with the relevant provisions of Article 7. Exhibitor shall use the stand space allocated to him exclusively for exhibition purposes; supervise his stand or have it supervised during the opening hours of the Fair; within the allocated stand space, not exhibit goods under the name of third parties and/or display and/or distribute the promotional materials of third parties; outside the allocated stand space, not exhibit, carry out promotional activities and/or trade in the broadest sense of the word in any way whatsoever; comply with the instructions of the Organiser and its staff and security personnel. Exhibitor shall ensure that the set-up of the booth and the goods and services exhibited by it are in compliance with all relevant laws and regulations, including, among others, applicable fire safety regulations, municipal ordinances and domestic regulations of the Exhibition Hall.
Organizer reserves the right to instruct Exhibitor, if necessary, to change the layout of its booth, either in the interests of the Fair or because of the aforementioned laws and regulations. Organizer is entitled, if necessary, to have changes to the booth made by the booth construction company contracted by Organizer. Exhibitor is responsible for the additional costs thereof. Exhibitor is responsible for the conduct of all persons appointed by it or working under its supervision. Organizer is entitled to remove from the Exhibition Area anyone who endangers or threatens to endanger order and peace, or who violates generally accepted standards of decent behavior and good manners, all at the sole discretion of Organizer.
Organizer and its staff and members of the security service shall have free access to all stand spaces at all times in order to carry out checks or activities in the interests of the Fair. If, during or before the Fair, reasonable doubt arises regarding the origin or ownership of an object, the Exhibitor undertakes to have the object in question stored in a closed space designated by the Organizer in order to obtain definitive proof of its origin or ownership. In such a case the Exhibitor shall lend its full cooperation in order to limit unwelcome publicity for the Fair and/or the Organizer as much as possible.
Article 7 - Time schedule for construction / disassembly
The Exhibit Hall will be open for building and setting up booths, as well as bringing in exhibit materials for free construction on Monday, December 5 from 8:00 a.m. - 8:00 p.m., Tuesday, December 6 from 8:00 a.m. - 8:00 p.m. and Wednesday, December 7 from 8:00 a.m. - 8:00 p.m., unless otherwise arranged. Uniform construction starts Wednesday, December 6. Booths must be fully constructed and furnished by 9:00 a.m. on Thursday, December 7, 2023. Removal of exhibition materials as well as dismantling and disposal of the stands should be done on Monday, December 11, 2023 from 18:45 to 00:00. And Tuesday, December 12, 2023 from 8:00 a.m. to 8:00 p.m. for free construction only, unless otherwise agreed upon. If Exhibitor fails to meet the above deadlines, Organizer reserves the right to take appropriate measures, including, inter alia, denial of participation in the Exhibition and dismantling and disposal of the stand at Exhibitor's expense. Construction times may be changed by Organizer without giving reasons.
Article 8 - Cancellation by Organizer.
Organizer may for weighty reasons, at its discretion, cancel, relocate and/or postpone the Exhibition, by means of a verbal and/or written notice and/or communication to Exhibitor. In the event of relocation and/or postponement, Exhibitor shall be bound by this. Organizer is in no way liable for any damage suffered and to be suffered by Exhibitor and/or third parties as a result of the cancellation, relocation and/or postponement. In the event of cancellation, Organizer will not refund to Exhibitor the participation fees already paid by Exhibitor at the time of cancellation. In the event of force majeure, the provisions of Article 15 shall apply and the Exhibitor shall not be entitled to a refund of participation fees already paid. Organizer advises Exhibitor to ensure that a cancellation clause is included in its own insurance policy.
Article 9 - Cancellation by Exhibitor.
Exhibitor has until six months before construction of the Fair, June 5, 2023, the right to cancel its participation in the Fair, giving concrete reasons unless otherwise agreed in writing. In this case, 50% of the total participation fee must be paid to Organizer by Exhibitor. For cancellation up to four months before construction of the Fair, August 5, 2023, 75% of the total participation fee must be paid by the Exhibitor. For cancellation up to 1 month before construction of the Fair, November 4, 2023, 100% of the total participation fee must be paid by Exhibitor. For cancellation after November 4, 2023, 125% of the total participation fee must be paid to Organizer by Exhibitor. The 125% cancellation fee represents the costs already incurred by the Organizer and the costs still to be incurred as a result of the cancellation. In the event of cancellation, the cancellation fee must be paid immediately with a maximum payment period of 14 days. The above also applies to multi-year contracts. The cancellation fee is calculated based on the sum of all years.
Article 10 - Prices
All prices and other rates of organizer are expressed in euros and are exclusive of sales tax (VAT). The participation fee includes the costs of the stand space, the rental of the exhibition space and extras agreed upon in writing. Not included in the participation fee are other costs such as transport, loading, unloading and placing of the exhibitor's materials; travel and accommodation costs of the stand crew; extra furnishing of the stand with, for example, furniture, showcases, decorations and extra lighting. Organizer is entitled to pass on the increase of cost price factors to exhibitor by means of a rate increase. If such a rate increase is passed on within one month of concluding an agreement, the exhibitor has the right to terminate the agreement with immediate effect.
Article 11 - Payment
Along with the written confirmation of participation, exhibitor will receive a written confirmation of the payment arrangements made. Exhibitor shall expressly comply with the agreements made. This invoice must be paid within fourteen days of the invoice date. If registration is made less than six weeks before the opening of the Exhibition, exhibitor will receive an invoice for the full participation sum at the same time as the written confirmation of participation. The exhibitor shall pay the participation fee within five days and the participation fee shall be credited to the organizer's account within five days.
If the full participation fee is not credited to the account of organizer one month before construction of the Fair, November 4, 2023, payment of 125% of the participation fee must still be paid and participation will be excluded.
All amounts due to Organizer must be paid without discount, deduction or set-off. Exhibitor has no further right to suspend any payment obligation to Organizer. Organizer is entitled to deny exhibitor access to the Fair until full payment has been made by exhibitor. By expiry of the payment term, exhibitor is automatically in default. Exhibitor shall owe default interest on all amounts not paid at the latest one month, November 4, 2023, prior to the construction of the Exhibition, from that day, at the rate of 1% per month, to be calculated until the day of full payment, whereby a part of the month shall be calculated as a full month. Each time at the end of a year the amount on which the interest is calculated shall be increased by the interest due over that year. If exhibitor is in default vis-à-vis organizer, he is obliged to fully compensate organizer for the extrajudicial and judicial costs. The extrajudicial costs to be reimbursed by the exhibitor will be at least 15% of the unpaid amount, with a minimum of € 200. This provision can also be invoked when organizer has only sent or has had sent a single reminder, notice of default and/or reminder.
Article 12 - Liability of Organizer.
Organizer accepts no liability for damages arising in any way from any act or omission of Organizer and/or its subordinates or third parties under its supervision during construction, dismantling and running of the Exhibition, or otherwise related to the Exhibition. The foregoing includes in particular loss, theft or damage of exhibitor's or third parties' materials; damage as a result of power cuts, power fluctuations and interruption of heating and lighting; any injury suffered or inflicted on the exhibitor or third parties in the context of the Exhibition; consequential damage suffered by the exhibitor or third parties, including damage caused by delay, trading loss, financial loss and immaterial damage. Neither is the organizer liable for the content of the message which is spread by the exhibitor during the Exhibition.
In the unlikely event that the organizer is held liable, the liability of the organizer towards the exhibitor will be limited to a maximum of ten percent of the agreed participation fee.
Article 13 - Liability of Exhibitor.
Exhibitor shall be liable for all damage arising in any way from any act or omission by Exhibitor and/or its subordinates or third parties under its supervision during construction, dismantling and running of the Exhibition, or otherwise related to the Exhibition. The foregoing in particular includes damage caused to stand materials and/or injury caused to persons during the aforementioned period in the exhibition area.
If an Exhibitor has signs of cold symptoms or elevation up to 38 degrees Celsius or fever, Organizer is entitled to refuse the Exhibitor or remove the Exhibitor from the show without consultation.
Article 14 - Indemnification
Exhibitor shall indemnify the organizer against claims from third parties for whatever reason, including compensation for damage, costs or interest. More particularly the exhibitor indemnifies the organizer against all claims of third parties relating to the use by the organizer of text and/or visual material provided by the exhibitor, including claims of third parties concerning (alleged infringement of) intellectual property rights and/or advertising regulations. The exhibitor also indemnifies the organizer against all claims by third parties, on whatever grounds, relating to loss, theft or decrease in value of goods and/or damage and/or injury inflicted on persons in connection with the exhibition.
Article 15 - Force majeure
If due to a non-attributable failure, Organizer is unable to comply with its obligations to exhibitor, the performance of that obligation will be suspended for the duration of the force majeure situation. By force majeure in any case is meant every circumstance independent of the will of the organizer, as a result of which the performance of her obligations to the exhibitor is wholly or partly prevented, or as a result of which the performance of her obligations cannot reasonably be required of the organizer, regardless of whether the circumstances could be foreseen at the time of the conclusion of the Agreement. Such circumstances shall in any case include: states of emergency (such as extreme weather conditions, fire and lightning strikes), strikes, diseases, epidemics and pandemics, non-performance by suppliers on whom Organizer is dependent in the performance of the Agreement (including the operator of the Exhibition Hall and the stand construction company), burglary, telecommunication failures and/or in connection with any instructions of authorities competent in the matter. If the force majeure situation lasts longer than thirteen months, both parties have the right to dissolve all or part of the Agreement by registered letter, to the extent justified by the force majeure situation. Organizer will then refund 50% of the participation fee to the Exhibitor.
Article 16 - Insurance
Materials of exhibitor and third parties, as well as transport, delay, loss, theft, damage and depreciation thereof, personal injury and consequential damage are not covered by organizer's insurance and organizer is not liable for this. Organizer strongly advises exhibitor to take out the necessary insurance for this himself.
Article 17 - Default / dissolution
Should the exhibitor fail to comply properly or timely with any obligation which may arise for him from the contract, he shall be in default without notice of default and the organizer shall be entitled to suspend the performance of the contract until compliance by the exhibitor has been sufficiently secured; and/or to dissolve the contract in whole or in part without refund of certain invoices. In case of (provisional) suspension of payment, bankruptcy, cessation or dissolution of the exhibitor's company, the agreement with exhibitor will be legally dissolved.
Article 18 - Partners at the booth
Exhibitor must request prior written permission from the organizer for participating parties at the booth, including partners and suppliers. This applies to any party visibly present with logo or other naming and other presence in the broadest sense of the word. Organizer reserves the right to assess per party whether permission will be granted. This will be announced in writing in advance. If the exhibitor has not requested prior permission from the organizer for participating parties, the exhibitor risks that these parties will be removed from the stand. The exhibitor also risks a fine of € 1500,- per party that has not been reported. Without written permission from Organizer, participation of third parties unknown to Organizer is not allowed at all.
Exhibitor must report all caterers at their booth to Organizer. Caterers must provide a valid HACCP form to Organizer prior to construction of the Exhibition.
Article 19 - Amendments and supplements.
Amendments and supplements to any provisions in an agreement and/or terms and conditions are only valid if they are recorded in writing by Organizer and only apply to the agreement in question.
Article 20 - Transfer of rights
Organizer is at all times allowed to transfer the rights resulting from the contract to third parties. Exhibitor shall be entitled to do so only after prior written consent of organizer.
Article 21 - Execution
Exhibitor is responsible for the complete construction and furnishing of the stand. In case of free construction, a contiguous wall adjacent to the aisle is only allowed provided that 50% of the entire width of the wall remains open, with a maximum of 4 meters in length (deviations only after written permission from the organization).
Walls higher than three meters and adjacent to other stands must also be fully finished on the outside.
Truss (constructions) up to and including a height of 4 meters should be fully encased with hard material at all times. Water and electricity should be requested from RAI Amsterdam -Exhibitor Services. They will invoice the exhibitor directly.
Music / sound (DJs, tape music, live musician etc.) at the booth is not allowed. Sound for product presentations must be requested separately from the organization. The exhibitor must at all times follow the instructions of the organization; in case of violation of the regulations, the organization reserves the right to close the booth irrevocably.
The complete booth design (including any artist plan) must be submitted to the MASTERS EXPO technical producer by October 17, 2023.
Article 22 - Applicable law and competent court
These terms and conditions as well as the agreement are governed by Dutch law. All disputes arising from an agreement or these terms and conditions shall, to the extent not otherwise required by mandatory law, be settled by the competent court in Amsterdam.