Specific rules of the event "The national meeting on shellfish and marine culture»
These rules are in addition to the general terms and conditions of sale and are specific to the event « The national meeting on shellfish and marine culture».
ARTICLE 1 – BUILD UP, FIT OUT AND CONFORMITY OF THE STANDS
01.01 Build up period – The “guide” or “exhibitors” manual specific to each exhibition will set out the time allowed the exhibitor, before the exhibition opens to the public, when it will be able to fit out its stand and store the items that it will need during the exhibition.
01.02 UNIMEV Plan – During the build-up
period, the exhibitor is required to comply with the «Charte professionnelle visant à organiser l’hygiène et la sécurité des salariés en situation de coactivité pendant les opérations de montage et de démontage des manifestations commerciales» (Professional plan for the health and safety of employees involved in joint activities during the build-up and tear down periods for exhibitions) which was adopted by UNIMEV at its General Meeting on 2 July 2010 and which is available at http://www.unimev.fr/.
01.03 Arrival/departure of goods at/from the site – The exhibitor must comply with the organiser’s instructions relating to the regulations governing the arrival and departure of goods, particularly with respect to vehicle traffic on the exhibition premises.
01.04 Respect for the time allowed for build up activities – The exhibitors or their employees must have completed their set up on the dates and at the times set by the organiser. After the said dates and times, no packing, equipment, transport vehicles or outside contractors may access, or remain at the exhibition site, for any reason whatsoever and however harmful that may be to the exhibitor’s interest.
01.05 Reception of parcels and goods by the exhibitors or their employees – Each exhibitor or its employee will be responsible for the transport, reception and shipment of its parcels and goods, and for the acknowledgement of their contents. If the exhibitor or an employee of the exhibitor is not present to receive its parcels or goods, the organiser may refuse them, in which case the exhibitor will not be able to claim compensation for its loss.
01.06 Respect for site integrity and safety – The fitting out of the stands must not, in any event, damage or change the permanent installations at the exhibition venue, and must not detract from the convenience or the safety of the other exhibitors and visitors. The exhibitor will be liable for all damage it causes. To this end, the exhibitor must take out an insurance policy to cover damage caused.
01.07 Conformity of the fit out of the exhibition stands – The specific decoration of the stands must be carried out by the exhibitors under their responsibility. It must not interfere with the visibility of the signs and safety equipment, nor affect the visibility of the neighbouring stands and must comply with any provisions in the organiser’s special rules and regulations or those of the host site and the «guide» or the «exhibitors’ manual».
01.08 Conformity of the materials used – The materials used to fit out the stand, including hangings and carpeting, must comply with the rules and regulations in force. The organiser has the right to have any equipment or installations that are not in compliance removed or destroyed, at any time, at the exhibitor’s expense.
01.09 Action by the organiser to remove/ change the exhibitor’s installations – On its own initiative or at the request of an exhibitor which thinks that its interests have been harmed, the organiser reserves the right, before the exhibition opens to the public and during the exhibition, to remove or change installations that cause annoyance to the neighbouring exhibitors or visitors, or do not comply with the special rules and regulations of the exhibition or the special plans/projects that were submitted previously for its approval, where necessary.
01.10 Compliance with the health and safety regulations – The exhibitor or any person duly appointed to represent it, must be present on its stand when the stand is inspected by the safety officers, and must comply with the safety measures imposed by the authorities and the safety measures adopted by the organiser or the site manager, throughout the exhibition.
01.11 – Food and beverage stands – Any exhibitor operating a food and beverage stand must comply with the regulations in force and submit a declaration to the relevant health authorities (Direction Départementale de la Protection des Populations), who have the right to visit the event.
ARTICLE 2 – OCCUPATION AND USE OF THE STANDS
02.01 – Prohibition on transferring, subletting or exchanging a place – Exhibitors participating in the exhibition are specifically forbidden from transferring, subletting or exchanging, with or without consideration, all or any part of the place allocated by the organiser.
02.02 – Default by the exhibitor – Any exhibitor which, for any reason whatsoever, is not in occupation of its space on the day on which the exhibition opens, or on the final date allowed for the fit out by the organiser, will be deemed to have given up its right to exhibit. The organiser will be free to dispose of the exhibition space in question, without the absent exhibitor bein able to claim any refund or compensation, and to remove any visual relating to its products or services. The sums paid or remaining due on account of the service will become the property of the organiser, which will pursue payment of same, even if another exhibitor takes over the space.
02.03 – Participation at a collective stand – A group of exhibitors may be authorised to make a collective presentation provided each of them has obtained the prior consent of the organiser, has applied for the right to be part of a shared stand, and has undertaken to pay the registration fee.
02.04 – Presented products or services – Unless it has the organiser’s prior, written consent, the exhibitor may only present materials, products or services that are listed on the application form and that comply with the nomenclature of products or services prepared by the organiser. Unless there is an express stipulation to the contrary, second-hand materials or products may not be presented or offered. The exhibitor may only present products that it produces or distributes: in such case, it will attach a list of the brands whose products or services it proposes to promote to its application form.
02.05 – Prohibition on advertising services provided by members of regulated professions – The exhibitors must refrain from promoting the activities of practitioners or establishments that belong to a regulated profession whose regulations forbid all advertising (e.g. medical activities).
02.06 – The stand must be kept clean – Stands must be kept in impeccable condition throughout the exhibition. Each stand must be cleaned every day, at the exhibitor’s expense. Cleaning must be completed by the time the exhibition opens to the public. If not, the organiser reserves the right to pass on to the exhibitor all or part of the additional costs of charges, taxes and constraints in accordance with the regulations in force. The organiser also undertakes to make exhibitors aware of the interest in managing their waste production.
02.07 – Exhibitor’s liability in the event of theft on its stand – The rental of a stand is not a contract for the storage of goods. In the event of theft on a stand, the exhibitor will have no claim against the organiser.
02.08 – Maintenance of the offer presented on the stand until the end of the exhibition – Exhibitors may not strip their stand, nor remove any of their items, before the end of the exhibition, even if the exhibition is extended.
02.09 – Quality of the presentation of the offer to the public – Bulk packing, the covers used when the exhibition is closed, items not used to present the offer and the staff cloakroom must be out of the sight of visitors. Conversely, it is forbidden to leave the items that are supposed to be on display covered during the business hours of the exhibition. The organiser reserves the right to remove covers from items without being held liable, in any way, for damage or losses that might result from such an action.
02.10 – Regulation concerning the distribution and consumption of alcohol – Alcohol may be sold to and consumed by adults aged 18 and over, provided the relevant law and the specific regulations of the exhibition are complied with.
02.11 – Ban on smoking – As laid down by law, it is strictly forbidden to smoke on the premises of an establishment that is open to the public, except in the areas set aside for that purpose. Any person who smokes outside the areas set aside for smokers will be liable to pay a fixed penalty (for a class 3 petty offence). Failure to enforce the standards applicable to reserved areas or to install the related signage will be punished by a fixed penalty (for a class 4 petty offence). Exhibitors must keep the designated areas clean and use the ashtrays provided.
02.12 – Written record of any notified breaches – Any failure to comply with any of the provisions of this chapter will be recorded in writing by the organiser and may be used as a ground to refuse to allow the exhibitor to participate at future exhibitions.
ARTICLE 3 – ACCESS TO THE EXHIBITION
03.01 – Entry to the exhibition – Persons wishing to enter the exhibition must have a pass, an invitation or a ticket issued by the organiser.
03.02 – Organiser’s right to deny access to or expel any person – The organiser reserves the right to deny access to or expel any person, whether a visitor or exhibitor, whose presence or behaviour might harm or damage: – the protected interests of consumers or business ethics;
– the security, peace or image of the exhibition;
– the integrity of the site.
03.03 – Exhibitor’s passes – Passes allowing the holder to enter the exhibition are issued to the exhibitors under the conditions laid down by the organiser.
03.04 – Invitations – Tickets for the persons or companies that the exhibitors wish to invite are issued to the exhibitors under the conditions laid down by the organiser. Unused tickets may not be returned or exchanged and will not be refunded.
03.05 – Prohibition on the sale of tickets by exhibitors – The distribution, reproduction or sale, by an exhibitor, with a view to making a profit, of tickets issued by the organiser is strictly forbidden and may lead to court proceedings. The unlicensed sale of tickets in the street is a criminal offence and perpetrators may be stopped and arrested by the police. The offence is punishable by fines ranging from €3,750 to €15,000 and by terms of imprisonment ranging from 6 months to 1 year. The offence of selling items in the street without a licence is deemed to have been committed when a person offers items for sale, puts them on sale or displays them for sale without authorisation or without making a lawful declaration, or practises any other profession in a public place in breach of the regulatory provisions on the policing of such places (article 446-1 of the French Penal Code (Code pénal).
03.06 – Opening times, entry and circulation – The stands are accessible to exhibitors and visitors on the days and at the times specified in the Exhibitor’s Area/ Guide. Electrical power will be cut off and Exhibitors are strictly forbidden from entering the halls after the event has closed. Exhibitors must comply with the conditions of entry to and circulation around the venue and outdoor areas of the Site as defined in its internal rules and regulations.
03.07 – Parking – If additional parking spaces are required, a special form must be filled out in the Exhibitor Area/Exhibitor’s Guide which sets out the rights and obligations. Parking is at the vehicle owner’s own risk and the fees charged are for parking only and not for surveillance.
ARTICLE 4 – APPROVED CONTRACTORS
Contractors approved by the organiser are the only companies authorised to carry out works, or provide services and material supplies, whether they are compulsory or optional as part of the event.
ARTICLE 5 – FLUID AND ENERGY DISTRIBUTION
05.01 – Depending on the utility companies and operators, the organizer accepts no liability in the event of interruption to the distribution of fluids and power whatever the duration of said interruption.
05.02 – For safety reasons, only persons authorised by the organiser are allowed to work on the event’s electrical networks, to open boxes and cabinets, which must remain accessible to them at all times while remaining out of reach of the general public. The supply of electricity is not guaranteed against microoutages and/or blackouts attributable to the electricity supplier.
05.03 – Internet access/Wifi service – Exhibitors must use the Internet/Wifi service in accordance with the legislation in force. The organiser shall not be held liable under any circumstances for messages, data, files, content or signals sent and/or received by the exhibitor as part of the internet/wifi service made available by the organiser, nor for the possible illicit nature of websites and content visited, consulted or published by the exhibitor when using the service. As a result, the organiser shall be held harmless by the exhibitor for all direct or indirect, material or immaterial damage caused by the use by the latter of the internet/Wifi service.
05.04 – Data security – The exhibitor acknowledges that it is aware of the risks of breaches of security and confidentiality of data and content sent and/ or received over the Internet. The exhibitor is solely responsible for the means of protecting the security and confidentiality of its data, content and applications within the framework of its use of the Internet and Wifi services. Moreover, any connection to the Internet and Wifi service using the identifiers allocated to the exhibitor is deemed to have been made by the latter.
ARTICLE 6 – MANDATORY INSURANCE
In addition to the insurance covering the items on display and more generally all movable or other items in its possession, the exhibitor is required to take out at its own expense, either with its own insurer or with the insurer approved by the organiser, all insurance to cover its business and the financial consequences of any damage caused by its employees and/or its subcontractors, and/or persons/service providers hired by it, or caused by its property, furniture or equipment. The exhibitor shall maintain these guarantees and insurances throughout the duration of the present contract and shall provide proof of such cover to the organiser upon request. In any case, the organiser shall not be held liable for any damage, including theft, loss, destruction, etc., to the exhibitor’s personal effects and belongings, in particular laptops, tablets, telephones and more generally all electronic devices, cash and valuables, as well as art and collectibles, jewellery and furs, precious stones, pearls, watches. To this end, the exhibitor and its insurers waive all recourse against the organiser and its insurers, on any grounds whatsoever. It is therefore the responsibility of the exhibitor to insure the goods and equipment belonging to it and/or in its custody against theft, damage or any other material or immaterial damage, consecutive or otherwise.
ARTICLE 7 – CONTACT AND COMMUNICATION WITH THE PUBLIC
07.01 – Obligation to be polite and to behave in a dignified fashion – The exhibitors and their staff must be smartly dressed and extremely polite to all other persons, such as visitors, other exhibitors, organisers, security staff, hostesses and all other service providers. The staff must not bother customers nor move outside the stand. Any failure to comply with this provision will be recorded in writing by the organiser and may be used as a ground to refuse to allow the exhibitor to participate at future exhibitions.
07.02 – Exhibitor’s Presence – The stand must be occupied by the exhibitor or its representative at all times during the hours when the venue is open to exhibitors (including during the build up and tear down periods), and at all times during the hours when the exhibition is officially open to visitors. Any failure to comply with this provision will be recorded in writing by the organiser and may be used as a ground to refuse to allow the exhibitor to participate at future exhibitions.
07.03 – Preparation and distribution of the “exhibitors’ catalogue” – The organiser has sole rights to publish and sell the catalogue of exhibitors, along with the rights relating to the advertisements contained in the catalogue. It may grant all or any part of these rights. The items required for the preparation and publication of the catalogue, in printed and electronic format, will be provided by the exhibitors on their sole responsibility.
07.04 – Distribution of information provided by exhibitors – The exhibitors authorise the organiser to publish, in digital or printed format, the information provided on the exhibition’s website, in the catalogue of exhibitors and in any other document relating to the exhibition (visitor’s guidebook, plans for public display, etc.). The organiser will ask the exhibitors, when they register or at a later date, for their authorisation to use their name and image (brand, logo, products or services, stand) in media communications or canvassing
documents, in order to advertise and promote the exhibition. Any exhibitor that gives its authorisation is presumed to have obtained its employees’ and subcontractors’ authorisation for their images to be used by the organiser in connection with the exhibition. Once the exhibitor has given its authorisation, neither the organiser, nor the producer nor the distributor can be held liable on account of the distribution of the exhibitor’s image, or that of its stand, brand, trademark, staff, products or services, for the purposes of the exhibition, in France or abroad, in digital or printed format.
07.05 – Display of posters – The organiser reserves the exclusive right to display posters at the exhibition venue. Therefore, on its stand, the exhibitor can only use visuals, whether posters or signs, intended to promote its business, products or services, while having full regard for the instructions regarding general decoration. The organiser may have visuals that do not comply with this provision removed.
07.06 – Distribution of promotional materials and products – Brochures, catalogues, printed matter, or objects of any kind whatsoever may only be distributed by the exhibitors on their own stand. Brochures relating to products, trademarks or services that are not on display may only be distributed with the organiser’s written consent.
07.07 – Distribution of non-promotional media and products – Conducting opinion surveys – It is forbidden to distribute or sell newspapers, periodicals, brochures, raffle tickets, badges, vouchers or coupons, even if they relate to charitable work, and to conduct opinion polls, at the exhibition venue and in its immediate vicinity, unless the organiser has granted an exemption from this rule.
07.08 – Various attractions – Any light, sound or audiovisual advertising and any promotion, entertainment or demonstration that could cause crowding in the aisles or cause a nuisance to the other exhibitors must have the organiser’s prior approval. The organiser will be entitled to revoke any authorisation that may have been granted, in the event of disturbance to movement, to neighbouring exhibitors, or to the smooth running of the exhibition itself.
07.09 – Audible advertising and touting – Audible advertising and touting in any form whatsoever, are strictly forbidden. The exhibitors must not obstruct the aisles or encroach upon them, in any circumstance, unless they have exceptional, prior, written authorisation from the organiser.
07.10 – Fair information for the public – The exhibitors must make sure that they provide the public with fair, objective and comprehensive information about the qualities, prices, and sales conditions of their products or services, and the related warranties, in compliance with the rules and regulations. They must not use any advertising or carry out any action whatsoever that could mislead or constitute unfair competition.
07.11 – Consumer customers must be informed that they have no right to a cooling-off period in connection with their purchases – In accordance with article L.121-97 of the French Consumer Code (Code de la consommation), exhibitors must inform their consumer customers that they have no right to a cooling-off period in connection with any purchase that they make at their stand:
– by means of a sign at their stand: exhibitors must display the sentence below in a manner that is visible for their consumer customers, on a notice board of at least A3 size and in print of at least font size 90; “Consumer customers will not be entitled to a cooling-off period in connection with any purchase made at [this exhibition] or [this show] or [this stand]” (Ministerial Decree of 12 December 2014),
– by means of a box in their contract offers: contract offers concluded by the exhibitors with their consumer customers must include the sentence below in a box that is clear to see in the heading of the document, in print of at least font size 12: “Consumer customers will not be entitled to a cooling-off period in connection with any purchase made at [this exhibition] or [this show] or [this stand]” (Ministerial Decree of 12 December 2014), Persons who enter into contracts that are linked to a consumer credit agreement and contracts that result from a personal invitation to visit a stand to collect a gift are still entitled to a cooling-off period.
07.12 – Sale to the public with collection of goods – In accordance with the regulations governing exhibitions, goods may be sold to the public with collection of the goods at the same time (also known as direct sales, take away sales or on-site sales): – without any limit as to the amount, at fairs and shows known as “general public [events]”, which are open to the general public, for a fee or free of charge (definition in article R.762-4 of the French Commercial Code); – up to a maximum amount of 80 euros when the goods are solely for the buyer’s personal use (article D 762-13 of the French Commercial Code) at shows known as “professional [events]” which are not open to the general public, whether for a fee or free of charge (definition in article L. 762-2 of the French Commercial Code).
07.13 – Compliance of the products and services presented at the exhibition with the applicable rules and regulations – The exhibitors undertake to present only products and services that are in compliance with French or European rules and regulations. They will be fully liable for their products vis-à-vis third parties, and the organiser will have no
liability whatsoever in the event that an exhibitor fails to comply with the law.
07.14 Compliance of the commercial activity carried on at the exhibition with the general rules and regulations – It will be up to each exhibitor to complete the formalities involved in its participation in the exhibition, particularly those relating to labour regulations, customs requirements with respect to goods coming from abroad, and those relating to hygiene with respect to food products or animal species.
ARTICLE 8 – INTELLECTUAL PROPERTY AND OPERATING OR MARKETING RIGHTS
08.01 – Intellectual property relating to the presented products and services – The exhibitor will assume responsibility for the intellectual property and operating or exploitation rights (patents, trademarks, models, etc.) relating to the products and services that it exhibits. The said measures must be taken before the products or services are presented at the exhibition. The organiser will not incur liability in this regard, particularly in the event of a dispute with another exhibitor or visitor. The organiser reserves the right to exclude exhibitors that have already been found liable for infringement or counterfeiting.
08.02 – Actions for infringement against rival exhibitors – In accordance with the “Recommandation générale de lutte contre la contrefaçon” (General recommendation regarding the fight against counterfeiting and infringement) adopted by the UNIMEV General Meeting on 19 June 2008, which is available at http://www.unimev.fr/, any exhibitor that wishes to bring an action before an administrative or ordinary court for counterfeiting or infringement against a rival exhibitor, undertakes to give prior notice of this intention to the organiser of the exhibition.
08.03 – Declaration and payment of royalties to SACEM – Each exhibitor will be responsible for its obligations to the SACEM (Société des auteurs, compositeurs et éditeurs de musique or French Society of Authors, Composers and Publishers of Music) if it plays music at its stand for any reason whatsoever. The organiser declines all liability in this regard.
08.04 – Photography and filming at the exhibition venue – Unless the organiser gives written permission, photographs may not be taken and films may not be shot at the exhibition venue, other than specific images or films of the exhibitor’s stand. Accreditation constitutes written authorisation to take photographs or shoot films, provided third parties’ image rights are respected.
08.05 – Photographs and films relating to particular stands – The taking of photographs of certain items at a particular stand may be forbidden at the exhibitor’s request.
ARTICLE 9 – TEAR DOWN AND REMOVAL OF STANDS
09.01 – Presence at the stand – The exhibitor or its representative is required to be present at its stand when the tear down starts, and until the stand has been completely removed.
09.02 – UNIMEV Plan – During the tear down period, the exhibitor is bound to comply with the “Charte professionnelle visant à organiser l’hygiène et la sécurité des salariés en situation de coactivité pendant les opérations de montage et de démontage des manifestations commerciales” (Professional plan for the health and safety of employees involved in joint activities during the build up and tear down periods of exhibitions) adopted by the UNIMEV General Meeting on 2 July 2010, which is available at http://www.unimev.fr/.
09.03 – Removal of the stand – The stand, goods and special decorations, along with the waste remaining from the materials that were used to decorate the stands, must be removed by the exhibitor within the time limit specified by the organiser. If the exhibitor fails to remove the installations within the time limit set, the organiser will be entitled to destroy the installations and abandoned goods, without having any obligation to refund the exhibitor for the value of those items. Should the exhibitor fail to vacate the place on the date set, the organiser will be authorised to seek the payment of penalties for late performance, compensation and all the costs incurred in clearing the area.
09.04 – Waste recycling – The place must be cleared in accordance with the health [and safety] rules in force and following procedures that are compatible with the waste collection and removal service. The organiser may offer waste removal and recycling services.
09.05 – Liability in the event of damage to the places and the equipment made available – The exhibitor must leave the place, decors and equipment made available to it in the condition in which it found them. Exhibitors responsible for any deterioration caused by their installations or their goods, either to the equipment or the building, or else to the floor space occupied, will be held liable.