TERMS & CONDITIONS OF EXHIBITING – NZ Baby Expo
1. Arada Promotions 2021 Limited is the Event Organiser, and acting through the appointed officer shall be the sole judge of whether the following items have been adhered to in a proper manner. The decision of the Event Organiser shall in all respects be final and conclusive. If, in the opinion of the Event Organiser, a serious breach of these terms and conditions has taken place, an Exhibitor may be required to remove their exhibit and in such a case all fees paid or due to the Organiser shall be forfeited.
2. The Exhibitor is the Company or Person assigned to this agreement on the Booking Contract.
3. The Guarantor is the person signing / initialing the Booking Contract.
4. NZ Baby Expo “the Event” is scheduled to be held as per the date on the Booking Contract.
Auckland (May) @ Eventfinda Stadium, North Shore, Auckland – 14 & 15 May 2022
Wellington @ Lower Hutt Events Centre, Lower Hutt, Wellington – 28 & 29 May 2022
Christchurch @ Christchurch Arena, Christchurch – 11 & 12 June 2022
Waikato @ Claudelands Events Centre, Hamilton – 2 & 3 July 2022
Bay of Plenty @ Trustpower Arena Baypark, Tauranga – 24 & 25 September 2022
Auckland (October) @ Eventfinda Stadium, North Shore, Auckland – 8 & 9 October 2022
5. Solely the Exhibitor shall occupy the floor space allocated under this agreement. Such space shall not be re-allocated (sublet) or be occupied by any other product / brand than that of the Exhibitor specified in the Booking Contract.
The Exhibitor shall not encroach aisles, alter the size, shape or position of their allocated stand or construct a display stand of a height exceeding 2.3 metres except in accordance with the prior written permission of the Organiser and the neighbouring Exhibitors (if any).
No Exhibitor shall permit their exhibition space to be used in such a manner as to conflict with the ethos of NZ Baby Expo or the rights of other Exhibitors.
6. The Exhibitor shall only exhibit, display, sell, showcase or similar the Brands and/or Products as accepted and listed on the confirmed Booking Contract. Anything not listed will need to be approved prior to being included as part of the Exhibitor Booking Contract and is at the discretion of the Organiser.
7. Exhibitors shall have the full right to advertise within the confines of their own stand but the Organiser reserves the right to prohibit any such advertising material or equipment which obstructs aisles, interferes with or obstructs neighbouring stands or is in the opinion of the Organiser a source of annoyance to others. No Exhibitor or employee thereof may canvas or solicit other than from their own exhibition stand.
8. Exhibitors must not begin removing their exhibit until after closing time on the last day of the Event. All displays must be removed from the site by 10pm Sunday. Any property remaining on site after this time will be removed by the Organiser at the Exhibitor’s expense. Any Exhibitor seen to be packing down or beginning to pack down early, before the close of the Event, (4pm) will result in a fine of $300+GST payable to the Organiser.
9. Utilities, Power, Lighting, Tables and other Extras are all additional costs that are on chargeable to the Exhibitor at the price agreed by the Organiser. These “add on” costs are charged post-show, and payment is to be made within 10 days of invoicing (or stated invoice date).
Extra light and power allocation to stands can only be supplied by the Organiser’s appointed electrician on application and at the Exhibitor’s expense.
All pricing quoted is excluding GST.
10. If for any reason the Exhibitor does not make any of the payments as specified on the invoice due date, the Organiser may, at its discretion, proceed to re-let the stand without being liable to account to the Exhibitor for any sum already paid or due from them without prejudice to the Organiser.
Arada Promotions 2021 Limited shall be entitled to charge interest at the rate of 5% per month for every day that payments required of the Exhibitor remain outstanding, calculated on the balance due, up until the date payment is made, plus a one off admin fee of $50. The Exhibitor will be responsible for all collection costs (including legal fees) in the event payment is not made by the invoice due date (all above fees exclude GST).
11. If the holding of the NZ Baby Expo or the supply of any service is prevented, postponed or abandoned for reason of fire, storm, national emergency, strike, lockout, civil disturbance, global pandemic, acts of government, inevitable accident or any cause not within the control of the Organiser or should the Event venue become wholly or partially unavailable for the holding of the Event or if the running of the Event is deemed uneconomic for any reason by the Organiser then the Organiser shall be at liberty to determine this Contract. For the avoidance of doubt, the Organiser may, at their sole and unfettered discretion, transfer this Contract to any other similar Event within the next thirteen (13) months or waive any future liability under this agreement.
Where the Contract is determined under this clause 11 the Organiser shall be under no liability in any way whatsoever for any costs, expenditure, liability or consequential loss incurred by the Exhibitor. The Organiser may in its absolute discretion refund in whole or in part any payment made by the Exhibitor or shall hold or transfer any monies paid by the Exhibitor to a similar Event within the next thirteen (13) months or waive any future liability under this agreement. Where the Contract is transferred under clause 11 the Organiser shall be at liberty to determine the following cancellation policy.
12. If an Exhibitor decides to cancel their NZ Baby Expo Booking, the Exhibitor may do so by giving written notice to the Organiser. Cancellation charges will occur as per the following outline based on the contracted stand price.
a. If a cancellation is received (19 weeks) 127 days or more from the date of the Event then no cancellation charge will apply.
b. If a cancellation is received between (12 – 18 weeks) 85 – 126 days from the date of the Event then a 25% cancellation charge will apply.
c. If a cancellation is received between (6 – 12 weeks) 43 – 84 days from the date of the Event then a 50% cancellation charge will apply.
d. If a cancellation is received between (0 – 6 weeks) 0 – 42 days from the date of the Event then a 100% cancellation charge will apply.
Where the Contract is transferred under clause 11 and an Exhibitor decides to cancel their NZ Baby Expo Booking, the Exhibitor may do so by giving written notice to the Organiser. A 100% cancellation charge will apply based on the contracted stand price, unless otherwise determined by the Organiser.
Cancellation payment is due within 7 days of the Organiser receiving written notice from the Exhibitor.
13. The Organiser reserves the right to alter or amend stand allocation and the floor plan if required. The Organiser will allocate the floor space at their discretion.
14. The Exhibitor shall be liable for any damages caused to the walls, booth (stands), floors or fittings of the Event venue and infrastructure. The Trustees / owners of the building and infrastructure together with the Organiser shall be the sole judges as to whether damage occurred.
15. The Organiser shall not be responsible or liable for any damage claimed by any person or persons who may be injured whilst in the area allocated to the Exhibitor. The Exhibitor agrees to indemnify the Organiser for any loss suffered in the event of any claim made against the Organiser.
16. The Organiser shall not be liable for damage to the Exhibitors property, exhibits or accessories by loss, damage, theft, fire, water, storms, riots or any other cause of action or force majeure. The Organiser bears no responsibility for Exhibitor’s goods, for damage / theft of stock / equipment, or for legal liability. Any goods are left on site at the Exhibitor’s own risk.
17. Insurance: As an Exhibitor at the NZ Baby Expo you must hold a current Public Liability Insurance policy, covering the Event. Proof of this may be required to be provided no later than one week before the Event.
18. Notwithstanding anything contained in any part of these terms and conditions, it shall be the express responsibility of each Exhibitor to ensure that their exhibit complies in all respects with such legal and local government requirements as may be in force at the time of Event. All Exhibitors must comply with all provisions of the Health and Safety in Employment Act 1992 and Health and Safety at Work Act 2015.
19. Arada Promotions 2021 Limited will operate the NZ Baby Expo “Event” with no limits as per the COVID-19 Protection Framework. All Exhibitors must comply with all legal requirements of the COVID-19 Protection Framework and relevant NZ Legislation at the time of the Event.
20. In consideration of Arada Promotions 2021 Limited accepting the Exhibitors booking the Person signing/initialing the Booking Contract becomes the Guarantor and guarantees payment of all sums due by the Exhibitor to Arada Promotions 2021 Limited and guarantees the performance by the Exhibitor of the covenants contained in this agreement and indemnifies Arada Promotions 2021 Limited against any losses Arada Promotions 2021 Limited may suffer should the agreement be lawfully disclaimed or abandoned by a Liquidator, Receiver or other person. The Guarantor covenants that they may be treated as the customer or principal debtor and Arada Promotions 2021 Limited shall be under no obligation to take proceedings against the Exhibitor before taking action against the Guarantor.
21. The Exhibitor agrees the Organiser can photograph, record, promote, advertise and market the Exhibitor as part of the Event, now and in the future. No financial remuneration shall be payable to the Exhibitor, however on written request the Exhibitor can ask to be excluded from such promotional aspects.
The Exhibitor acknowledges that the Organiser will pass on information about the Exhibitor to stand contractors and/or promotional organisations prior to and after the Event. The Exhibitor shall on signing this Contract inform the Organiser if there is an objection to the transfer of information to third parties.
22. If any clause no longer applies, e.g. if a court rules it invalid, the rest of the agreement will remain in place. The Terms and Conditions of Exhibiting will continue as if that clause had not existed. If the Court changes a clause, their version of the clause will be used in the Terms and Conditions of Exhibiting.