DEFINITIONS
Organizer:
Refers to TravMedia USA, the company responsible for organizing TravMedia’s
International Media Marketplace ‘IMM’ North America.
Exhibitor:
Refers to an exhibitor contracting to take a table, sponsorship opportunity, or
other commercial benefits at TravMedia’s International Media Marketplace ‘IMM’.
Media:
Refers to journalists, editors, influencers, and photographers at TravMedia's
International Media Marketplace 'IMM’.
Event:
Refers to IMM North America 2023.
LAW
This contract includes all terms and conditions, together with any express terms
agreed between the parties in writing (including by email) between the Organizer
and the Exhibitor / Media.
Exhibitor:
Changes to these terms and conditions will only be of effect if they are made in
writing and signed by an authorized official of TravMedia, and shall
notwithstanding be of no effect if they increase the liabilities of the
Organizer or its employees and agents.
Nothing in this contract shall create any rights for third parties under the
Contracts (Rights of Third Parties) Act 1999. No variation to this contract
shall create any such rights unless expressly so stated in any such variation.
The Exhibitor expressly acknowledges that this contract constitutes the entire
agreement between the Exhibitor and the Organizer in relation to the subject
matter hereof and supersedes and extinguishes any prior agreements,
arrangements, or understandings in connection with the subject matter hereof. No
variation of or amendment to this contract shall be valid unless made in writing
and signed by or on behalf of each of the Organizer and the Exhibitor.
The failure of the Organizer at any time to enforce any provision of this
contract or the Rules and Regulations shall not affect its rights thereafter to
require complete performance by the Exhibitor, nor shall the waiver of any
breach of any such provision be taken as or held to be a waiver of any
subsequent breach or to be a waiver of the breach itself.
This contract shall be construed in accordance with United States of America
Law, with the Exhibitor agreeing to the jurisdiction of New York Courts.
PAYMENT
Exhibitor:
Exhibitors will not be allowed to exhibit at the Event unless they have paid in
full their fees due on the Booking Form within the payment period stated on the
invoice sent to the Exhibitor. In the case of Exhibitors making a booking within
the final 30 days before the Event, the invoice must have been paid in full at
least seven days prior to the Event itself. In the event of total or partial
non-payment, the Organizer shall be within its legal rights to withdraw any
support or services from the Exhibitor until all outstanding invoices have been
paid. Exhibitors shall be responsible for paying any amounts due for support or
ancillary services in connection with their involvement at the Event and doing
so in line with the terms on payment dates (above).
SPACE
Exhibitor:
The Exhibitor shall be allocated space at the Event in accordance with the
Booking Form but shall not be guaranteed any particular part of the Event floor.
The Organizer also holds the right to alter the floor plan after it is first
published, without giving notice to the Exhibitor.
The space secured by an Exhibitor may not be assigned, lent, or given to any
other brand than the Exhibitor name identified on the Booking Form, nor may any
other benefit secured under this contract be assigned, lent, or given to any
other brand.
PROMOTION
Exhibitor:
Exhibitors may not allow any other brand or person unconnected with the
Exhibitor’s name as identified on the Booking Form to promote the Exhibitor
brand, or any other brand, or distribute information relating to the Exhibitor
brand, or any other brand, during the Event. This shall not apply to any
subsidiary or connected brands of the Exhibitor listed on the Booking Form and
which are agreed with the Organizer by virtue of the Booking Form.
DURATION
Exhibitor:
The Event shall run from 7:00am – 5:30pm EST, and Exhibitors must make sure
their table(s) are manned by nominated staff (only) during these times.
Media:
The Event shall run from 7:00am – 5:30pm EST.
ADMISSION
Admission into the Event for Exhibitors / Media shall be by personalized
registration.
EXHIBITS
Exhibitor:
The Organizer shall be entitled to ask an Exhibitor to remove an exhibit or
promotional literature if the Organizer believes the item is libelous, obscene,
or otherwise likely to damage the good reputation of the Event.
OCCUPATION OF SPACE
Exhibitor:
The Exhibitor shall prepare their table by the time the Event is open. Any
Exhibitor who has not done so may be deemed to have canceled and may have their
appointments and table reallocated to another Exhibitor. No Exhibitor may vacate
their table before the time at which the Event closes.
LOSS, THEFT OR DAMAGE
Exhibitor:
The Organizer shall not be responsible for the loss, theft, or damage to any
items brought to the Event by the Exhibitor and the Exhibitor’s staff. The
Exhibitor is therefore advised to insure its belongings separately.
Media:
The Organizer shall not be responsible for the loss, theft, or damage to any
items brought to the Event by the Media.
SHOW PROGRAM
The Organizer shall not be responsible for any errors or omissions in the
official Show Program.
EXHIBITOR INFORMATION
The Organizer shall not be responsible for any errors or omissions on the Event
platform. All Exhibitors are responsible for the information displayed on the
Event platform and at their table(s).
MEDIA INFORMATION
The Organizer shall not be responsible for any errors or omissions on the Event
platform.
CANCELLATION
Exhibitor:
A completed Booking Form is deemed conclusive evidence of the Exhibitor’s
agreement to pay in full for attending the Event. Once completed, any amounts
unpaid will be due to the Organizer under the contract in line with these terms
and conditions.
Cancellations of Exhibitor registrations made by November 1, 2022 will receive a
100 percent refund less any associated costs already incurred by the Organizer,
including but not limited to venue fees, admin fees, marketing collateral, and
the Organizer’s staff time.
Cancellations of exhibitor registrations made between November 1, 2022 and
December 2, 2022 will receive a 50 percent refund less all associated costs
already incurred by the Organizer.
A cancellation submitted on or after December 3, 2022 (or any no-shows) will not
be eligible for a refund.
All cancellation notices must be received in writing at
imm@travmedia.com.
In agreeing with all the above terms, you also acknowledge that TravMedia will
not be held liable for any financial responsibilities incurred on the part of
individual delegates or organizations, including travel or insurance.
INDEMNITY
Exhibitor:
Unless otherwise stated, the Exhibitor shall indemnify the Organizer and its
employees and agents against all claims, costs, demands, proceedings, and losses
(including negligence) whatsoever made against or incurred by the Organizer (or
such other persons as aforesaid) resultant from the Exhibitor exhibiting,
advertising, promoting, selling, or supplying any goods or services at the
Event. The maximum liability of the Organizer is limited to the value of the
Exhibitor fee.
INSURANCE AND EXCLUSIONS
Exhibitor:
(i) The Organizer, its officers, employees, servants, or agents shall not be
liable for any loss or damage (including consequential or indirect loss or
damage) suffered by the Exhibitor, its officers, employees, agents, contractors,
or invitees, whether such loss or damage arises from breach of a duty in
contract, or tort, or in any other way, and which shall include (but not by way
of limitation) loss of profits, loss of contracts and loss of or damage to
property or goods of the Exhibitor or any person.
(ii) The Organizer shall not be liable in respect of any contract entered into
between the Exhibitor and any official third party contractor appointed by the
Organizer for the negligence or default of any such contractor or its officers,
employees, or agents.
(iii) Nothing in this contract excludes or limits the liability of the Organizer
for death or personal injury caused by the Organizer’s negligence or for fraud
or fraudulent misrepresentation for any other matter for which it would be
illegal for the Organizer to exclude or attempt to exclude its liability.
POSTPONEMENT OR VARIATION
Exhibitor:
(i) The Organizer and its respective officers, agents, and employees shall not
be liable for loss, damage or delay resulting from acts of God, acts of war,
adverse weather, civil commotion, strikes or lock-outs, intervention or
regulation, military activity or any other circumstances which shall make it
impossible or inadvisable to hold the Event on the designated dates, and the
Organizer reserves the right to reschedule the Event to another date (subject to
the overriding terms of point ii below). Furthermore, the Organizer will not be
responsible to the Exhibitor should any conflicts or misinterpretations arise
with its sponsors, agents, or other bodies regarding any and all aspects of the
Event that may affect the Exhibitors. The Exhibitor is recommended to adequately
insure their participation expenses in case of such cancellation. The Exhibitor
acknowledges that if the Event is rescheduled, the Organizer will have sustained
damages and losses as a result, and the Exhibitor hereby waives all claims for
damages or compensation against the Organizer. The sum paid to the Organizer as
fees or otherwise in connection with the Event shall remain the property of the
Organizer.
(ii) The Exhibitor shall not have any claim against the Organizer in respect of
any loss or damage whatsoever consequent upon the Event failing to be held or
canceled by the Organizer for lack of sufficient support.
(iii) If the Event is canceled or postponed for any reason, any payment made by
the Exhibitor will be set against the costs incurred by the Organizer.
The Exhibitor acknowledges that the Organizer shall not be held responsible for
the failure of all or any other contracted Exhibitors to attend the Event or the
failure of any number of delegates to attend the Event for any reason. Whilst
the Organizers shall act in good faith, the name of any Exhibitor which may
appear on any Event program or table number or any statement made by or on
behalf of the Organizer that any Exhibitor is booked to attend the Event
provisionally or otherwise shall not constitute any warranty, representation or
undertaking by the Organizer that any such Exhibitor will attend.
The Event date and program are subject to change based on health conditions and
possible restrictions related to COVID-19.
Media:
(i) The Organizer and its respective officers, agents, and employees shall not
be liable for loss, damage or delay resulting from acts of God, acts of war,
adverse weather, civil commotion, strikes or lock-outs, intervention or
regulation, military activity or any other circumstances which shall make it
impossible or inadvisable to hold the Event on the designated dates, and the
Organizer reserves the right to reschedule the Event to another date (subject to
the overriding terms of point ii below). Furthermore, the Organizer will not be
responsible to the Media should any conflicts or misinterpretations arise with
its sponsors, agents, or other bodies regarding any and all aspects of the Event
that may affect the Media.The Media acknowledges that if the Event is
rescheduled, the Organizer will have sustained damages and losses as a result,
and the Media hereby waives all claims for damages or compensation against the
Organizer.
(ii) The Media shall not have any claim against the Organizer in respect of any
loss or damage whatsoever consequent upon the Event failing to be held or
canceled by the Organizer for lack of sufficient support.
The Event date and program are subject to change based on health conditions and
possible restrictions related to COVID-19.
SETTING UP TABLES
Exhibitor:
(i) The Exhibitor hereby acknowledges that the Organizer has appointed official
contractors in conjunction with the Venue Owner to set up the Event. Where
directed by the Organizer, the Exhibitor must use these contractors to help set
up the Exhibitor’s table(s). However, an Exhibitor may be permitted to appoint
another contractor to design and set up their Event table, a sponsored table, or
other dedicated space, subject to the Organizer being formally advised in
writing in advance of the show. Tables and other dedicated spaces may only be
created whose design specifications have been approved in advance by the
Organizer and Venue Owner.
(ii) Tables shall not obstruct the view of adjoining Exhibitors nor be operated
in any manner objectionable to other Exhibitors. All lighting within the Event
must be arranged and operated so as not to be distracting to adjacent
Exhibitors. Video, sound, and other technical equipment must be operated in a
manner acceptable to the Organizer. The Organizer’s decision on whether any such
item is acceptable shall be final.
(iii) The Exhibitor acknowledges that it has responsibility for the furniture,
fixtures, and fittings hired through the Organizer or its contractors and will
pay for any damage or loss thereto.
(iv) All materials used for building, decorating or covering tables must be
non-flammable. Exhibitors must comply with all instructions given by the
relevant authorities to avoid the risk of fire or any other risk.
(v) The following are excluded from the Event without prior approval of the
Organizer: lasers, explosives, detonating or fulminating compounds, and all
dangerous or harmful substances, including primings and fireworks. All such
objects can only be used in the form of imitations and on the condition they
contain no flammable matter.
ATTENDANCE
Exhibitor:
The Organizer is not responsible for assisting the Exhibitor in obtaining a
passport and visa for entrance into the country where the Event is to be held.
The fact that the Exhibitor is unsuccessful in obtaining these documents from
the necessary government authorities will not constitute a basis for
cancellation of this contract, and it is clearly understood that no refunds
whatsoever will be made outside of the above cancellation period. Nor is the
price of booking a table supposed to imply any overnight accommodation at any
local hotel. Exhibitors are responsible for arranging their own accommodation.
The Exhibitor, however, may, subject to the Organizer’s approval, substitute
another party or company who meets the entry and government formalities
necessary for entry into the country where the Event is to be held. Such
substitution shall be the sole responsibility of the Exhibitor. The Exhibitor
acknowledges that the Organizer shall not be held responsible for the failure of
all or any other contracted exhibitors to attend the Event or the failure of any
number of attendees to attend the Event for any reason. Whilst the Organizers
shall act in good faith, the name of any Exhibitor which may appear on any Event
Program or table number or any statement made by or on behalf of the Organizer
that any Exhibitor is booked to attend the Event provisionally or otherwise
shall not constitute any warranty, representation or undertaking by the
Organizer that any such Exhibitor will attend the Event or attend any particular
location.
SHIPPING
Exhibitor:
The Organizer and its respective officers, agents, and employees are not
responsible for any loss, damage or delay incurred in freight shipments
(transport, handling, and clearing) into and out of the country for sponsorship
opportunities. Exhibitors must insure against relevant loss.
EXCLUSION OF PERSONNEL
The Organizer reserves the right in its absolute discretion to exclude any
person whose presence is or is likely to be undesirable, and the Organizer may
exercise such rights notwithstanding that any person is the officer, agent,
employee, or contractor of the Exhibitor / Media or otherwise in any way
connected or associated with the Exhibitor / Media.
GROUP TABLES
Exhibitor:
Exhibitors agreeing to book a group of tables – where the brands involved are in
some way commercially connected – are responsible for ensuring that all
Exhibitors within their group are fully aware of and agree to abide by this
contract and by the Rules and Regulations.
DATA PROTECTION
The information on the Booking Form, including any individual’s name, will be
kept on computer and used for the purposes as registered under the Data
Protection Acts. The Organizer reserves the right to vary these terms and
conditions on reasonable notice to Exhibitors / Media in advance of the Event.
Organizers:
TravMedia USA LLC
48 West 38th Street, Level 12, New York, New York 10018
Tel: +1 212 808 0811
Email:
dominika.dryjski@travmedia.com
