CONDITIONS OF PARTICIPATION

Terms and Conditions for Participants

 

munichfashion.company GmbH, hereinafter „munichfashion.company“,

issues the following conditions of participation:

1. Admission and entry application

1.1. To register for our event, potential participants need to complete the registration application form issued by munichfashion.company.

1.2. This form needs to be filled out carefully and furnished with a legally binding signature.

1.3. The registration constitutes an irrevocable contractual offer that binds the exhibitor until the start of the exhibition event.

1.4. Eligible to register are exhibitors selling or distributing the articles/products stated in the registration form.

1.5. Every participant/exhibitor must submit his VAT ID number to munichfashion.company upon request. Failure to do so in a timely manner makes the exhibitor liable for any resulting damages.

1.6. If the application is signed by a third party (e.g. a representative), this person is responsible for all liabilities arising from the application and the participation in the event, with the company in whose name the application is made as the joint and several debtor.

2. Contract terms Governing contract documents are a) the registration form and b) the General Terms and Conditions of munichfashion.company. Conflicting terms and conditions shall not be applicable. Possible conditions and restrictions shall not be part of the contract. Exclusion of competition may be neither demanded nor granted. The c) booth rental contract constitutes the third governing document.

3. Inclusion of General Terms and Conditions By signing the booth registration form, the exhibitor accepts these Terms and Conditions.

4. Contract conclusion

4.1. The decision of accepting or declining the offer (registration) will be made by munichfashion.company.

4.2. The acceptance will be issued in form of a registration confirmation. If such a confirmation is not issued within four weeks, the offer (registration) is to be considered declined.

5. Cancellation and non-participation

5.1. Registration for the event is binding. Section 5.3 being reserved, if the exhibitor cancels his registration after the booth has been let, or without cancelling fails to participate in the event, he must pay the full amount of the booth rental charge.

5.2. Cancellations must be made to munichfashion.company via registered letter with confirmation of receipt.

5.3. The following processing fees shall be due in case of a cancellation of participation:

- For cancellations up to four weeks prior to the beginning of the event: € 250.00 

- For cancellations between four and two weeks prior to the beginning of the event: € 500.00

If the exhibitor cancels his participation later than two weeks prior to the beginning of the event, but the booth can be rented to another exhibitor, munichfashion.company shall receive 25 percent of the invoiced booth rental from the exhibitor by way of cost sharing. The exhibitor has the right to prove that the loss claimed by munichfashion is substantially lower or that no loss was suffered at all. If the booth cannot be rented to another party or if the exhibitor fails to participate without having cancelled, munichfashion.company shall be entitled to full remuneration. The right to claim further damages remains unaffected.

5.4. Independent of the time of withdrawal, the full cost of ordered services that cannot be cancelled shall be due. The burden of proof with respect to the possibility of cancellation shall be borne by the exhibitor.

6. Withdrawal

6.1. munichfashion.company may withdraw from this contract if

a) full payment of the rental fee has not been received by the due date stated on the invoice and the exhibitor fails to make full payment within a set grace period;

b) the exhibitor violates house rules and fails to cease and desist even after a warning;

c) the prerequisites for an acceptance are no longer fulfilled by the person of the registered exhibitor or munichfashion.company becomes aware after the fact of reasons the prior knowledge of which would have precluded an acceptance. In particular, this shall be the case if bankruptcy or insolvency proceedings have been filed or rejected by the court for lack of assets or if the exhibitor becomes factually or materially insolvent. The exhibitor is obliged to inform munichfashion.company immediately about such developments.

d) the exhibitor accepts a co-exhibitor or presents or displays goods on behalf of a third party without prior written consent by munichfashion.company.

6.1. In the case of a withdrawal for the aforementioned reasons, munichfashion.company is entitled to claims for compensation.

7. Force majeure and other impediments

7.1. In the event of grave reasons not attributable to munichfashion.company such as force majeure, operational interruptions, legal provisions, dispositions from higher authorities, terrorist or criminal acts, munichfashion.company shall be entitled to postpone, shorten, lengthen or partly or wholly close or cancel the event.

7.2. Should the event fail to take place for any of the aforementioned reasons (see 7.1.), the booth rental will be reduced to 25% unless the exhibitor can prove that the cost savings to munichfashion.company are higher than 75%.

7.3. The right to withdraw and claims for compensation are precluded to the aforementioned extent.

8. Allocation and arrangement of booths

8.1. In allocating the exhibitor’s booth, munichfashion.company shall take into consideration as far as possible the exhibitor’s requests regarding the location. There is no binding claim to a particular location. In particular, the registration in no way forms the basis of a legal claim to a particular booth.

8.2. After munichfashion.company has allocated the booths, the exhibitor will receive a booth number.

8.3. The exhibitor must accept potential changes to the location and allocation of booths between the time of acceptance and the beginning of the event. munichfashion.company also reserves the right to make alterations to the form of the booth or to deviate either above or below the dimensions for which an application has been made.

8.4. If such a re-allocation has occurred by the starting date of the event or if the booth is completely unavailable, the exhibitor may withdraw from the contract. Withdrawal for reasons of re-allocation is only admissible if the change in location may be considered substantial and can be considered intolerable given due consideration of both parties’ respective interests.

8.5. Claims for damages resulting from re-allocations only exist in cases were munichfashion.company is demonstrably culpable.

8.6. The exhibitor may not exchange (swap) his allocated space with another exhibitor nor permit the use of the booth rented by him to third parties, neither in part nor in total, without prior written consent of munichfashion.company.

8.7. The exhibitor is obligated to keep his allocated booth with the respective booth number open and operating until at least 5 p.m. of the last day of the event. Premature dismantling of the booth will be fined with a contract penalty of € 2,500.00.

9. Communal booths

9.1. In the case that several exhibitors share the use of a booth, each of these exhibitors will be liable to munichfashion.company as joint and several debtor for all costs regarding the entire booth. All individual exhibitors sharing a booth shall authorize one another for the acceptance of declarations from munichfashion.company.

9.2. The inclusion of another company in the booth in the form of a joint booth or the presentation of products of a company other than the company named in the registration for the exhibition and admitted by munichfashion.company requires the express consent of munichfashion.company. In all the named cases, all fellow exhibitors must complete in a proper manner the application and catalogue forms.

9.3. After munichfashion.company has consented to the inclusion of another exhibitor, this exhibitor and all the originally admitted exhibitors shall be liable to munichfashion.company in the manner laid out in 9.1.

9.4. The admission of a fellow exhibitor to the booth or the showing of another’s merchandise without the permission of munichfashion.company shall entitle munichfashion.company, in severe cases or where the restoration of the booth to the conditions provided for herein is refused, to terminate the contract immediately and to remove the booth at the expense of the exhibitor. The exhibitor renounces his rights by virtue of actions that violate the participation conditions. The exhibitor shall, accordingly, have no right to damages.

10. Booth design and equipment

10.1. munichfashion.company has the right to issue regulations regarding booth construction and design. The exhibitor is bound to follow such regulations.

10.2. Aisles and passageways may not be used as auditoriums. Display items or booth elements may not be placed on aisles and passageways.

10.3. Changes and alterations in the booths and booth constructions provided for the event by munichfashon require prior written consent by munichfashion.company.

10.4. Booth constructions may not protrude over the allocated booth space into aisles or passageways, nor may they exceed the defined booth height of 2.50 m. Exceptions are only admissible upon prior written consent by munichfashion.company.

10.5. The use of loudspeaker systems is not permitted.

10.6. The exhibitor shall be responsible for branding and displaying the exhibitor’s name on the booth.

10.7. The exhibitor has to display items and keep the booth staffed throughout the entire duration of the event. Failure to do so will incur a contractual penalty of € 1,000.00.

10.8. Only materials with low flammability may be used for booth decorations. Upon request, the exhibitor shall provide a relevant certificate for the material finishing according to applicable DIN norms.

10.9. After completion of the event, the exhibitor shall return the booth to its original state. All mounting options used on panel walls provided by munichfashion.company, hall floors, hall walls, and provided decoration spaces must be completely removable, without leaving traces or damages. Cleaning or reparation costs necessitated by the failure to fulfil these requirements shall be invoiced to the exhibitor.

10.10. The exhibitor shall handle the flooring provided by munichfashion.company with care and avoid damages during the construction and dismantling of the exhibition booth. The exhibitor shall be fully liable for any damages to the hall floor.

11. Advertising on the event premises Advertisement or promotional activities of any kind by the exhibitor or third parties outside of the allocated booth space is not permitted. This includes handing out flyers and other promotional material, putting up sandwich boards, posters, or other advertising media. Special permits may be granted upon request.

12. Lighting, power, heating, cleaning, installations

12.1. munichfashion.company shall provide general lighting, heating, and cleaning of the event venue.

12.2. The exhibitor shall be responsible for maintenance, cleaning, and monitoring of his booth.

13. Exhibition goods

13.1. Only the goods that have been agreed upon with munichfashion.company may be displayed. Exhibition items may only be removed during the event upon agreement.

13.2. munichfashion.company has the right to demand the removal of goods that are not subject of the booth rental agreement. If the exhibitor fails to meet this demand, munichfashion.company shall remove the goods at the expense of the exhibitor.

13.3. The exhibitor is responsible for insuring the exhibition goods.

14. Waste disposal The exhibitor shall collect all waste generated at his booth, including cardboard and other packaging, and transport it to the waste disposal containers via the dedicated freight elevators. If the exhibitor fails to remove all waste from his booth after the event is over, munichfashion.company shall be entitled to have the waste removed by their own personnel and invoice a flat waste removal fee of € 400.00 plus applicable VAT to the exhibitor.

15. Defects and faults Any faults or defects regarding the booth and booth space must be reported immediately, i.e. during the event, to munichfashion.company in order to allow for an immediate inspection and correction on site. Reports of faults and defects after the event preclude all damage claims.

16. Booth rent and costs

16.1. Booth rental shall be calculated per square meter for the entire duration of the exhibition, regardless of the number of exhibition days.

16.2. Every square meter or part thereof is charged in full, and the floor space is calculated as a rectangle, disregarding projections, pillars, supports, etc.

16.3. Partitions around the booth are part of the exhibition space. In cases were a partition/booth wall separates two booths, the rented exhibition space of each booth includes half of the partition thickness. This applies to all separating walls/partitions on all sides of the booth.

16.4. The rental price for booths is set out in the price lists in force at the time of rental attached to the application.

16.5. A deviation of up to 5 % from the booth space measurements the exhibitor originally applied for does not constitute grounds for damage claims.

16.6. The booth rental price includes the costs for hall cleaning, general hall security, hall lighting, heating, and exhibitor passes. There are no reductions if use is not made of services which are included. All listed item prices are net prices, i.e. the total amount is subject to applicable VAT.

17. Conditions of payment

17.1. Upon receipt of the completed registration form by munichfashion.company, the exhibitor will be sent an invoice for the booth rental together with the booth rental notification; if he has ordered and/or used any additional services subject to a charge, invoices for these will follow.

17.2. Booth rent is due on the date specified on the relevant invoice(s).

17.3. If the exhibitor fails to pay the full rental price even after a proper payment reminder, munichfashion has the right to rent out or dispose of the respective booths otherwise. Default interest pursuant to Art. 288 of the German Civil Code (BGB)shall be charged.

17.4. Any objections regarding the invoices for booth rental must be made in writing and submitted to munichfashion.company within 8 days after receipt of the invoice. If the booth is hired immediately before the exhibition, the objection must be submitted to munichfashion.company by the day before the exhibition at the latest. Later objections of any nature cannot be recognized. Exhibitors who have not paid the invoiced booth rent in full by the due date explicitly renounce any right to objections.

18. Lessor’s lien In the case of any payment obligations which are not fulfilled, munichfashion.company can retain any and all of the exhibitor’s exhibition goods as lien.

19. Liability

19.1. The exhibitor shall be liable to munichfashion.company for any and all damages caused culpably by himself, his employees, agents, suppliers, or customers. The exhibitor is responsible for proving that neither himself nor his agents have behaved culpably.

19.2. munichfashion.company shall not be liable for damages to materials or furnishings belonging to the exhibitor or a third party due to humidity, fire, theft, or other third-party actions, regardless of the type, origin, duration, and extent to such effects, unless munichfashion.company has incurred said damages on purpose or through gross negligence or has caused physical or health hazards. Likewise excluded are all liability claims on the part of the exhibitor regarding booth allocation and construction, power supply interruptions, or from inadvertently neglected, missing, or incorrect catalogue entries.

19.3. Damages of any kind are to be reported immediately to munichfashion.company.

20. Insurance

20.1. The exhibitor shall take out an insurance against common insurable risks such as fire, theft, water, damages, etc., including transportation risks, covering exhibition goods, booth furnishings and equipment, as well as the exhibitor’s and his employees’ personal belongings. munichfashion.company is not liable for the loss of or damages to goods or other equipment brought to the exhibition premises.

20.2. The exhibitor shall take out liability insurance and present the insurance police to munichfashion.company upon request.

21. Domestic authority/house rules

21.1. For the duration of the event, munichfashion.company possesses unrestricted domestic authority over the premises. munichfashion.company is entitled at any time to enforce immediately the regulations and directives issued by munichfashion.company. It may for instance remove immediately anything that creates a disturbance, is damaging, unethical or otherwise contrary to the intention of the event.

21.2. Any violation of the conditions for participation or of the technical guidelines shall entitle munichfashion.company to self-help relief (e. g. removal of improperly displayed objects) and in serious cases or where the restoration of the booth to the conditions provided for herein is refused, to closing and removal of the booth, without the need to resort to legal proceedings before the courts.

21.3. The exhibitor must apply for a permit before playing music or videos on the booth. If these conditions are not heeded, then the power supply to the booth may be cut off with no regard to the failure of the booth lighting that this would entail. The exhibitor has no claim for damages, direct or indirect, caused by the interruption of the power supply. The burden of prove that this condition has been observed lies with the exhibitor.

21.4. License, usage and copyright fees (e.g. GEMA) for music and/or videos played at the booth must be paid by the exhibitor.

21.5. It is forbidden to bring animals to the event.

21.6. Smoking is not allowed on the premises except for clearly marked smoking areas.

21.7. Order activities are only permissible during opening hours. Violators will be fined with a penalty of € 1,000.00.

22. Parking Parking regulations on the premises are to be followed. In particular, exhibitors, employees, and suppliers may not park their vehicles in the dedicated visitor parking areas. Loading zones and loading ramps may only be used for the duration of the loading activity.

23. Security

23.1. General event venue security and entrance control shall be provided by munichfashion.company. Security activities provided by munichfashion.company end with the last day of the event. Liability of munichfashion.company shall be restricted as defined in Section 20.1.

23.2. The provision of general security services by munichfashion.company shall not affect the liability disclaimer.

23.3. Booth security may only be provided by security companies designated by munichfashion.company.

24. Miscellaneous

24.1. Written form: All agreements must be in writing.

24.2. Lapsing period: munichfashion.company and the exhibitor shall agree – insofar as this is legally permissible – that any claims of the exhibitor to munichfashion.company, except for claims based on intention as well as claims arising from unlawful acts, shall lapse within a period of 6 months. The shortened lapsing period shall not be applicable for claims regarding physical injuries. The lapsing period shall start on the last day of the month in which the event closes.

24.3. The exhibitor agrees that munichfashion.company stores personal information about the exhibitor’s company and staff for the purposes of automated data processing. These data are necessary for performing the contract and will be conveyed for advertising purposes if necessary.

25. Place of performance Place of performance shall be Munich unless otherwise agreed in the contract.

26. Place of jurisdiction

26.1. If the exhibitor is a merchant, a juristic person under public law or a public law separate fund, then provided nothing to the contrary results from the contract, Munich shall be considered agreed as place of performance (for all obligations arising from or in connection with the contract).

26.2. If the exhibitor is not a merchant, a juristic person under public law or a public law separate fund, Munich shall be considered agreed as place of jurisdiction in the event that the exhibitor does not have a general place of jurisdiction in the Federal Republic of Germany at the time of the concluding of the contract or has moved his legal domicile or place of residence outside the Federal Republic of Germany following conclusion of the contract or at the time of the initiating of legal proceedings his legal domicile or place of residence is not known.

27. Final provisions

27.1. The contract concluded between the exhibitor and munichfashion.company is subject to German law. This also applies to the interpretation of the event registration, of the Conditions of Participation, which are a part of the contract and the Technical Guidelines. The German text of the registration form, the Conditions of Participation and the Technical Guidelines is definitive.

27.2. Severability: Should one provision be or become invalid, this will not affect the validity of the remaining provisions. In this case, munichfashion.company and the exhibitor are obliged to agree on a substitute provision that most closely approximates the purpose of the invalid provision.

(copy 2)

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