Birds and Countryside Show.
The Friars,
Aylesford,
Kent.
12th -13th September 2009
Exhibitor Terms & Conditions
REGULATIONS governing the acceptance of entries for Trade Stands.
1. DEFINITION OF TERMS
a) Regulations. This term is applied to all requirements laid down by the Organizers for the conduct of the Birds and Countryside Show 2009 at The Friars, Aylesford, Kent and/or to any further additions or amendments as may be deemed necessary by the Organizers.
b) The Show means “Birds and CountrySide Show” 2009.
c) Organizers. This term means the Birds and Countryside Show 2009 at Aylesford, Kent organizing team, their servants and agents.
d) Exhibitor(s). Includes the employees, contractors, servants, agents and suppliers of any company or organization exhibiting/trading at the Show.
e) Trade Stand(s). This refers to the area(s) and site(s) allocated by the Organizers to Exhibitors for the purposes of exhibiting/trading at the Show.
f) Showground. This term shall include all land covered by the Show including that of the Priory.
g) Guns. This shall mean any firearm, shotgun, air rifle or air pistol.
h) Certificate in relation to guns. This will mean a certificate that is relevant and appropriate to the type of gun(s) that is/are in the care of an individual or exhibiting/trading company.
2. APPLICATION OF REGULATIONS.
a) The control of the Showground is in the hands of the Organizers and The Friars management. Their decisions are final and binding on all Exhibitors.
b) The Organizers shall have the right without appeal to resolve all cases which are not provided for in the Regulations.
c) Any person or Exhibitor failing to comply with the Regulations or directions from the Organizers may be instructed to leave the Showground and no refund of any site or other charges will be made by the Organizers.
3. SITE BOOKINGS.
a) All applications for Trade Stands must be made in writing using the Trade Stand Application Form.
b) The Organizers reserve the right to refuse in whole or in part any application. Acceptance or rejection of the application, in whole or in part, together with the allocated site, will be notified in writing by the Organizers.
c) Exhibitors’ sites will be allocated on a first come, first served basis. Preferences for site(s) may be expressed however no guarantees can be given that the preferred site(s) will be available.
d) Participation in the Show does not bestow any rights to participate in any subsequent “Bird and Countryside Show”.
e) Prior to the Show, the Organizers reserve the right to change location or layout for Trade Stands without reference to Exhibitors.
f) The Organizers reserve the right to relocate any Trade Stand site previously allocated.
g) No sub-letting and/or sub-contracting of Trade Stands is allowed.
h) Boundaries of Trade Stands will be clearly marked by the Organizers. Exhibitors are to ensure that exhibits, including all support equipment, marquees, guy ropes, stands, etc. are contained on each defined Trade Stand site area booked.
i) The Exhibitor is required to sign the Trade Stand Application Form, without which no booking will be accepted, and the Exhibitor agrees to being bound by these Regulations.
j) A Risk Assessment is required to be completed for each separate Trade Stand.
4. SETTING UP
a) Entry is solely by presentation of a valid pass. These will be allocated by the Organizers.
b) Exhibitors must report to the designated reception area before proceeding to their allocated site(s).
c) The Showground will be open for construction and fitting of Trade Stands: from 9.00am Wednesday 9th September for the Outside Plots; and from 12.00 noon Friday 11th September in the Marquee and Shedding Stands. Any Exhibitor or goods arriving earlier will be turned away unless the express written permission of the Organizers has been obtained.
d) Exhibitors are to ensure that they are available on site to receive all deliveries as the Organizers are unable to handle Exhibitors’ equipment or goods unless by prior agreement in writing.
e) Goods and equipment consigned to the Showground without sufficient information to identify the consignee will be returned to sender.
f) Setting up of Trade Stands must be completed by 08.00 am on Saturday 12th September 2009. No vehicles will be allowed on the Trade Stand site after this time.
g) Exhibitors must remain in the immediate area of their Trade Stand at all times. Any Exhibitors displaying firearms will ensure their stand is manned at all times.
h) Exhibitors will respect any rules regarding where vehicles may or may not be driven, parked, unloaded or loaded on the Showground.
5. ELECTRICITY AND WATER SUPPLIES
a) The Organizers designated contractor is able to provide an electricity supply to individual Trade Stands on the pre-payment of the appropriate or listed charge. All other Exhibitors at the Show must comply with the following regulations if installing their own power supply :
i) Silent generators only;
ii) BS 7671:2001 and amendments I.E.E. Wiring Regulations;
iii) BS 7909:1998 Code of Practice for the design and installation of temporary electrical distribution systems delivering a.c. electrical supplies for lighting, technical services and other entertainment related purposes;
iv) BS 5266-1:2005 Emergency Lighting – Part 1 Code of Practice for the emergency lighting of premises;
v) Statutory Instrument 1989 No. 635 – The Electricity at Work Regulations; and
vi) All portable appliances must have a label indicating that the equipment has passed a Portable Appliance Test in the 12 months preceding the Show.
b) A Standpipe will be provided outside the Toilet Block.
6. CATERERS
a) Exhibitors may use the service of any caterers for the convenience of their clients, but no charges may be made for refreshments to the visitors to the Show except by the Organizers official caterers and catering concessions.
b) No Exhibitors of food or other refreshments may offer goods for sale except by special arrangement with the Organizers.
c) Exhibitors are responsible for complying with all Public Health and Food Hygiene Regulations and requirements, and are respectfully reminded that regulations also apply when refreshments are offered free of charge.
d) Any Exhibitor offering food (beyond hot and cold drinks and pre-packed long life goods such as biscuits and crisps) to customers must have a properly documented Food Safety Management System, including diary. This must be available for inspection on the days of the Show by the Local Authority Officers and the Organizers own consultant. Any Exhibitor who is unclear what this means should speak to their local Environmental Health Officer or visit www.food.gov.uk.
7. SITE MANAGEMENT
a) Exhibitors are required to keep their site(s) and adjacent walkways tidy at all times. Rubbish is to be placed in the appropriate containers provided by the Organizers.
b) Exhibitors are to ensure that their sites are staffed whilst the Show is open to the public. Exhibitors failing to comply will forfeit both site and fees paid.
c) Trade Stand exhibits or any equipment containing moving parts must be fitted with the necessary guards to comply with standard safety regulations governing that exhibit.
d) Exhibitors wishing to erect any mast or structure higher than 4 metres are to provide full details to the Organizers.
e) Exhibitors must not obstruct or allow to be obstructed any gangways or other open spaces. No sign or projection may be hung or projected over gangways or other open spaces. Exhibitors must in no way affect their neighbouring Exhibitors display.
f) Exhibitors wishing to erect any sign, placard or advertisement at any location other than their allocated site must obtain the written permission of the Organizers.
g) There are no facilities for storage on the Showground.
h) As the supply of certain services, for example catering or furnishings, is not within the direct control of the Organizers, the Organizers shall not incur any liability to any Exhibitor for the loss or damage if any such services shall wholly or partly fail or cease to be available, nor shall the Exhibitor be entitled to any allowance in respect of any payments made for the participation in the Show.
i) Vehicles are permitted on Trade Stands as long as they fit within the allocated Trade Stand space. Vehicles that do not fit within this space must be parked in the designated Exhibitor car parking areas as directed by the Organizers. Once established on site, vehicles are not to be moved on the site except to vacate the Show after the public have left. Alternatively, vehicles may be parked in the public car park.
8. SITE CLEARANCE
a) No Exhibitor may stop trading before 17.00 on Sunday 13th September 2009.
b) Exhibitors will be responsible for clearing the site of all goods, equipment, decorations, rubbish, etc., and replacing turf, filling post holes and making good any damage to the ground.
c) Sites must be cleared by no later than 16.00 Monday 14th September 2009. After this time the Organizers will have any items left on site disposed of and the cost will be charged to the Exhibitor.
9. CANCELLATION
a) In the event of an Exhibitor’s withdrawal from the Show after notification by the Organizers of the allocation of space, all payments made in respect thereto shall be forfeited.
b) Notice of withdrawal must be made in writing to the Organizers who will endeavour to reallocate the space, but such reallocation does not necessarily entitle the Exhibitor to a refund of any payments made, or release from any sums for which he has become liable.
c) In event of cancellation of the Show, the Organizers shall not be under any liability whatsoever in respect of any booking or Trade Stand fees, expenditure or liability or loss incurred by the Exhibitors. Exhibitors are advised to take out their own insurance for such an eventuality.
10. LIABILITY, SAFETY AND SECURITY
(Also see The Display & Security of Firearms, Shotguns or Airguns - Item 11.)
a) The Organizers will not accept liability for any accident, damage or loss that may occur to any Exhibitor, their agents or servants, nor for animals or chattels while entering, leaving or during the period they are on the Showground.
b) The Organizers will not accept liability for damage to any Trade Stand or loss of any exhibits or articles on the Showground.
c) Exhibitors are responsible for the security of their exhibits and property at all times (see also The Display & Security of Firearms, Shotguns or Airguns – Item 11) and are advised to insure their exhibits against such loss or damage including risk of fire.
d) Exhibitors are responsible for the safety of all third parties in respect of their activities and especially for the safe operation of any working exhibits or displays (see also Insurance Requirements – Item 13).
e) Access to Trade Stands must be provided at all times for the Organizers and official safety services for inspection purposes.
f) Exhibitors are responsible for their own security arrangements.
g) Exhibitors will be held responsible for loss or damage or injury to property (including other Trade Stands and exhibits) and persons caused by themselves, their servants or agents.
h) Each Exhibitor participating in the Show agrees to indemnify the Organizers against all claims of whatsoever nature which may be made against the Organizers, arising out of, or in anyway connected with, such Exhibitor’s participation in the Show. This provision is specifically agreed by the Exhibitor to be fair and reasonable.
i) If an application is received from any organization whose affairs are, for any reason, placed in the hands of a receiver that application shall, unless otherwise agreed in writing by the Organizers, automatically become null and void even if accepted, in accordance with Item 9a.
j) Exhibitors must comply with all U.K. Statutory Requirements and Regulations whilst participating in the Show.
k) The Organizers reserve the right to refuse any entry whatsoever and also reserve the right to cancel any exhibit which may have been accepted without any reason being given, or decline at any stage to admit any proposed exhibit, or order the removal of, or remove any person or any exhibit from the Show. Whenever under this regulation an application for space is refused, or an allocation of space is cancelled by the Organizers, or an exhibit is refused admission or removed, the fees paid for such space may, at the discretion of the Organizers, be refunded, and if refunded, shall be accepted by the Exhibitor or intended Exhibitor in full satisfaction of all claims against the Organizers.
l) Visitors entering the Show do so entirely at their own risk. No liability will be accepted by the Organizers, their servants, agents, independent contractors or sponsors for any injury (including fatal injury), illness, damage or loss whatsoever directly or indirectly occasioned to person or property whether due to negligence or otherwise howsoever subject to the provisions of the Unfair Contract Terms Act 1977. Nor will the Organizers be obliged to refund any entrance monies should the Show not take place or be postponed for any reason.
m) The Organizers reserve the right to refuse entry to vehicles and/or persons to the Show and/or to divert visitors to car park areas.
11. THE DISPLAY & SECURITY OF SHOTGUNS, FIREARMS OR AIRGUNS.
a) RFD License holders will, at all times, strictly abide by the terms and conditions of such certificates and any other official published guidelines relevant to the possession and security of guns.
b) During the official opening times of the Show and whenever the visiting public is present in the exhibition arena Exhibitors displaying any Firearms, Shotguns or Airguns will at all times provide sufficient staff to man the Trade Stand so as to provide adequate security, control and observation of visitors to their stand.
c) During the official opening hours of the Show, and at all times that members of the visiting public are in attendance at the Show, all Firearms, Shotguns and Air Guns will be securely displayed with an acceptable form of locking or security system to prevent unauthorized removal or unsupervised handling of such items by members of the public.
d) Guns will be kept unloaded at all times. When carrying any guns they will be in a slip case or similar.
e) Any infringement of these rules or the terms of certificates held will result in the Exhibitor being considered in breach of these regulations. Such Exhibitor will forfeit the right to continue exhibiting at the Show and Item 2 will apply.
f) U.K. Legislation will solely apply to any matter regarding the handling, possession, use of, display or sale of guns on the Showground.
12. SMOKING
The smoking ban in enclosed public places started on 1st July 2007. For Exhibitors this means that smoking is not allowed in marquees, exhibition vehicles or any other enclosed spaces. Persistent offenders will be removed from the Showground without recourse to the Organizers. There is, however, nothing to prevent people smoking in the open air, so please ask people to step outside.
13. INSURANCE REQUIREMENTS.
a) Contractors and Exhibitors are required to hold third party liability insurance.
b) Proof of such insurance must be available on demand for the Organizers to inspect.
14. SALES REGULATIONS
a) Exhibitor’s displays are expected to be of a high standard appropriate to the Show.
b) The sale of the following articles is prohibited without prior permission from the Organizers: Balloons, Lottery, Raffle or Gaming Tickets, soft toy ticket draws and any other products as may be specified in writing to individual Exhibitors by the Organizers.
c) The use of microphones and amplifiers to assist sales is prohibited. The Organizers reserve the right to remove any equipment about which complaints are received.
d) The sale of any article, display of posters or distribution of pamphlets other than from an Exhibitor’s Trade Stand is forbidden.
e) Charging for admission to an Exhibitor’s Trade Stand is forbidden.
f) The use of fairground equipment is forbidden without the written permission of the Organizers.
g) The sale of articles by auction is forbidden.
h) Animals may not be exhibited without the written permission of the Organizers.
i) No birds or animals may be sold without the appropriate Pet Traders’ license from the local authority (Tonbridge and West Malling).
j) Exhibitors are requested not to play music which may constitute a nuisance. The playing of music requires a Public Performance license.
k) Flag Poles and Balloons, are only not permitted without written acceptance.
15. IN CASE OF EMERGENCY
a) Immediately notify the Organizers
b) Ensure all personnel are calmly moved away from the incident.
c) Keep all access ways clear at all times for emergency service vehicles.
16. JURISDICTION AND LAW
These terms and conditions, exhibition activities and any disputes that may arise from them will be governed by and be in the exclusive jurisdiction of the courts and laws of England and Wales.
17. GENERAL
a) If any part, item or element of these terms and conditions may be deemed to be illegal or unenforceable under the laws of England and Wales then that specific part, item or element will be excluded but the remainder of the terms and conditions will still be deemed to be effective and legally binding.
b) The Organizers reserve the right to make amendments or alter the specification and layout of the Show without prior notice.
c) The rules and legislation regarding Data Protection and contained within the Data Protection Act will apply to both Exhibitors and Organizers within the confines and operating boundaries of activities undertaken at or within the remit of the Show.
18. ASSIGNMENT
The exhibitor is not entitled to assign or delegate any of its rights or obligations contained in these terms and conditions.