Refers to TravMedia USA, the company responsible for organizing TravMedia’s International Media Marketplace ‘IMM’ Virtual.
Refers to an exhibitor contracting to take a virtual booth, sponsorship opportunity or other commercial benefit at TravMedia’s International Media Marketplace ‘IMM’ Virtual.
This contract includes all terms and conditions, together with any express terms agreed between the parties in writing (and including by email) between the Organizer and the 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.
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 Exhibition and doing so in line with the terms on payment dates (above).
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 that are listed on the booking form and which are agreed with the Organizer by virtue of the booking form.
The event shall run from open from 2:00pm-5:30pm and 9:00am-1:00pm EST and Exhibitors must make sure their virtual booth(s) are manned by nominated staff (only) during these times.
Admission into the Virtual Exhibition for Exhibitors shall be by personalized registration.
The Organizer shall be entitled to ask an Exhibitor to remove an exhibit or promotional literature if the Organizer believes the item is libellous, obscene or otherwise likely to damage the good reputation of the Event.
OCCUPATION OF SPACE
The Exhibitor shall prepare their virtual booth before appointment scheduler is open. Any Exhibitor that has not done so may be deemed to have cancelled and may have their appointments reallocated to another exhibitor. No Exhibitor may delete their virtual booth at any time before, during and after the Event.
The Organizer shall not be responsible for any errors or omissions on the IMM Virtual Platform. All Exhibitors are responsible for the information displayed on their virtual booth.
A completed booking form is deemed conclusive evidence of the Exhibitors agreement to pay in full for attending the Event. Once completed, a booking is noncancellable. No refunds shall be issued, and any amounts unpaid will still be due to the Organizer under the contract in line with these terms and conditions.
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 Exhibition. The maximum liability of the Organizer is limited to the value of the exhibitor fee.
INSURANCE AND EXCLUSIONS
(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, 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 which it would be illegal for the Company to exclude or attempt to exclude its liability.
POSTPONEMENT OR VARIATION
(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 exhibition on the designated dates, and the Organizer reserves the right to re-schedule the exhibition at 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 exhibition which may affect the Exhibitors. The Exhibitor is recommended to adequately insure their participation expenses in case of such cancellation etc. The Exhibitor acknowledges that in the event that the exhibition 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 Exhibition 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 Exhibition failing to be held or being cancelled by the Organizer for lack of sufficient support.
(iii) If the Exhibition is cancelled 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 Exhibition or the failure of any number of attendees to attend the Exhibition for any reason. Whilst the Organizers shall act in good faith, the name of any Exhibitor which may appear on any Show Program or stand number or any statement made by or on behalf of the Organizer that any exhibitor is booked to attend the exhibition provisionally or otherwise shall not constitute any warranty, representation or undertaking by the Organizer that any such exhibitor will attend.
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 or otherwise in any way connected or associated with the Exhibitor.
Exhibitors agreeing to book a group of booths – 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.
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 rights to vary these terms and conditions on reasonable notice to Exhibitors in advance of the Event.
TravMedia USA LLC
48 West 38th Street, Level 12, New York, New York 10018
Tel: +1 212 808 0811