TERMS & CONDITIONS OF PARTICIPATION
abC Art Book Fair is organized and managed by Meng Ban Meng Ban Cultural Communication Co., Ltd. ( 梦伴梦办文化传播有限公司 ) trading as “art book in China”. These terms and conditions apply exclusively to the 2019 Fair in Beijing only, and become effective upon acceptance of Exhibitor’s Agreement, in case of such acceptance shall be immediately in effect through the entire term of Exhibitor’s participation in the Fair. Submission of payment for an abC art book fair 2019 associated invoice will be considered equivalent to the signing of the Exhibitor’s Agreement.
2.Admission to the Fair
abC shall have final judgment on all Applications and may accept or reject applications in its sole discretion. The Exhibitor guarantees that all information in the Agreement is accurate. abC reserves the right to cancel any Exhibitor Agreement that is accepted on the basis of false information or if the Exhibitor fails to comply with these Terms and Conditions.
The Exhibitor shall indemnify abC and hold abC harmless for and from, any and all loss, damages, claims and costs resulting from the Exhibitor’s occupation and use of the Space, the acts and omissions committed by the Exhibitor and its agents and invitees, , and any breach by the Exhibitor of these Terms and Conditions.
In any event abC decides for whatever reason to decline acceptance of Exhibitor’s Application Agreement, abC will promptly notify Exhibitor in writing.
3.Use of the Space
Space allocations are strictly at the discretion of abC. The Exhibitor shall occupy the Space at the commencement of the Fair and for the entire duration of the public hours of the Fair.
No Exhibitor may sublet, sub-license his/her booth either entirely or partially except as agreed in advance with abC in writing.
Products, Exhibitors or individuals other than those specified in the Application / Exhibitor Agreement may not be shown or advertised at the booth.
The Exhibitor shall ensure that it and all its personnel at the Fair hold and maintain the required visa or work permit.
abC reserves the right to take photographs, video and/ or sound recording of the Fair and the Space for any purpose as abC may think fit.
The Exhibitor shall be entitled to have a listing with basic information in the art book fair guide of the Fair. One copy of the pamphlet will be made available free of charge to the Exhibitor at the site of the Fair.
The Exhibitor agrees to indemnify, defend and hold abC harmless for and from any and all liability arising from the contents of any materials submitted by the Exhibitor to abC, including materials for publication in the pamphlet and any infringement by the Exhibitor of any third party rights, or use of any person’s name in the materials.
Exhibitor agrees to pay abC in full for the booth or booths requested by the Exhibitor in this Application.
Agreement at the applicable prices for the size of booth requested, in accordance with the following terms and conditions:
Payments are non-refundable and non-transferable unless abC otherwise agrees at its discretion. Any Exhibitor, whose booth has not been paid in full by May 5, 2019, forfeits their right to exhibit. In such event, abC may cancel the Exhibitor’s contract, reallocate the space and retain payment made without further liability or obligation to the Exhibitor.
Payment is accepted via Paypal and Alipay.
6.Withdrawal and Cancellation
Withdrawal or cancellation by the Exhibitor of the use of the Space shall be made in writing by the Exhibitor to abC. If the Exhibitor withdraws or cancels after May 3, 2019, the Exhibitor shall remain liable for the full amount of the Hiring Fee.
abC may terminate the Exhibitor Agreement and the use of the Space by the Exhibitor if the Exhibitor fails to occupy the Space by 1:00 pm on June 6, 2019, and abC may then use the Space for any other purpose at its sole discretion. In such event the Exhibitor shall remain liable for the full amount of the Hiring Fee.
abC may at its sole discretion, reschedule the Fair, change the location or cancel the Fair. abC shall endeavor to notify the Exhibitor of such change or cancellation as far in advance as possible. In the event of cancellation or rescheduling to dates which the Exhibitor cannot attend, abC shall promptly refund to the Exhibitor all amounts previously paid by the Exhibitor to abC for the Fair but shall not otherwise be liable to the Exhibitor. The Exhibitor shall have twenty (20) days from the receipt of written notice of a rescheduling of the Fair to notify abC if the Exhibitor cannot participate during the rescheduled dates. Otherwise, the Exhibitor shall be deemed to have accepted the rescheduled dates.
The Exhibitor shall, at its own expense, take out and maintain in full force and effect adequate insurance against liability for death, injury, damage or loss to any personal property or articles including, but not limited to, books and works of art at the Fair, from whatever cause arising from the use of the Space.
8.Non-liability for Loss and Indemnity
Exhibitor agrees to provide insurance in sufficient amounts to cover any and all damage or loss to any personal property or articles including, but not limited to, books and works of art at the Fair for any cause, including fire, theft, burglary, breakage, leakage and water damage or transportation to and from the Fair location. In any event, Exhibitor assumes all risk of loss or damage to any of its articles and abC shall assume no risk of loss for any Exhibitor’s property.
abC will not be liable to any Exhibitor for any direct, incidental or consequential damages or loss to the Exhibitor, to his/her property or articles arising in any way from or connected with the Exhibitor’s participation, except for damage and loss caused by abC’s gross negligence.
Exhibitor agrees, in signing the Exhibitor Agreement, to release abC from such liability. Additionally, the Exhibitor will be responsible for all injury or damage of any kind to persons or property, regardless of who may be the owner of the property (including, without limitation, museum furniture, furnishings, or works of art) arising out of or suffered through any act or omission of the Exhibitor, its employees, agents, contractors or guests, in connection with its use of museum facilities. The Exhibitor further assumes the obligation to indemnify and hold harmless abC, Beijing Times Art Museum
, its affiliates, Trustees, Directors, officers, agents, and employees, against any and all damages, claims, expenses (including reasonable legal fees), or other liability due to bodily injury, personal injury or death, or damage to property of others, arising out of or suffered through any act or omission of the Exhibitor, its employees, agents, contractors or guests, in connection with its use of Beijing Times Art Museum facilities.
Security guard service shall commence on the first day of installation of the Space and shall continue until the end of dismantling of the Space. Neither abC nor its contractor shall be liable for any loss or damage due to theft. Only Exhibitors shall be allowed to bring in articles during the duration of the Fair. Special badges/ pass must be worn and displayed by the Exhibitor and its staff at all times at the Fair.
abC shall contract with UCCA to provide common area lighting and air conditioning but abC shall not be liable for any loss or damage due to failure or interruption of any service. Exhibitor is specifically restricted from installing any power connections unless otherwise agreed to in writing. Exhibitor agrees to adhere to all fire, safety, Fair Rules and Regulations and security regulations associated with the Fair and the facility.
abC shall be responsible for keeping the common areas of the Fair clean. The Exhibitor shall be responsible for maintaining its Space and keeping it free from trash, and shall leave the Space in the same condition in which it was first occupied by the Exhibitor, reasonable wear and tear excepted. The Exhibitor shall take good care of all property of abC which is hired or used by the Exhibitor and return the same in the same condition, reasonable wear and tear excepted.
The Exhibitor shall compensate abC for any loss, damage or liability whatsoever which may be suffered by abC as a result of any such defect or damage in the Space and/or property of abC caused by the Exhibitor, its agent or invitees.
12.Restrictions on Signage and Furniture
All signage must be in accordance with the standards established by abC. No exceptions will be allowed. Additional furniture is available for hire in advance from abC, including shelving extra tables and chairs. No other furniture may be brought into the Space without the express written approval of abC.
13.Shipments and Deliveries
Shipments and deliveries from abroad will be accepted until June 3rd, 2019.
Please pay off the booth fee before shipping books. abC will not accept any package from exhibitors who do not pay. Please ship your package at least 1 month in advance after receiving the confirmation email (after April 8th).
Tracking numbers, quantities and dimensions must be e-mailed to Yaya Liu (firstname.lastname@example.org) and email@example.com at the time of shipping.
Please mark all packages with the Exhibitor’s name (as it will appear on public materials) and address them to:
ATTN: abC Art Book Fair 2019 BEIJING
ATTN: EXHIBITOR NAME / BOOTH NUMBER
First Floor of ZUCZUG/
B7-3A, 1st North Street, 798 Art District., Chaoyang District, Beijing, P. R. CHINA
Name: Yaya Liu
Tel: +86 137 1856 0816
abC will not assume responsibility for any unshipped packages.
14.Installation and Deinstallation
The Exhibitor shall be permitted to install the booth / table on Thursday June 6, 2019, during the hours 11am – 5pm.
Unless otherwise agreed in writing by abC, the Exhibitor is required to have at least one staff member to be present at the booth /table during all public hours of the Fair (including the Preview hours).
Deinstallation takes place on Sunday, June 9, 2019, from 8pm – 10pm. The Exhibitor shall not begin deinstallation or packing up until after the Fair is over at 8pm on Sunday, June 9, 2019.
The Exhibitor is welcomed and encouraged to display artwork on available wall space within its designated table or booth areas, provided that no colored adhesives may be used. When using nails to display framed works, please only use picture-hanging nails when possible. Drilling is not allowed unless with written permission from abC staff. Walls must be returned to the original condition. Electricity is not guaranteed for the Exhibitors.
15.Exhibitor Badges or Passes
A special badge or pass issued by abC is required for access to the Fair. This also applies on installation and deinstallation days. Exhibitor passes and special installation and deinstallation passes will be issued for the Exhibitor’s employees engaged in the installation and deinstallation of the Space, as well as for other representatives and staff at the Space. Passes should be attached to outer clothing in a visible position at all times when on the exhibition site.
Normal exhibitor passes are also valid during installation and deinstallation. Passes for set-up and dismantling as exhibitor passes are issued free of charge for each Space, based on its size.
A special charge will be levied for any additional exhibitor passes requested beyond the two passes supplied to the Exhibitor. Additional installation and deinstallation passes are issued free of charge.
16.General Terms and Conditions
abC shall be entitled to remove any person or thing or exclude the Exhibitor from the Fair in the event that abC considers such removal or exclusion to be in the interests of the Fair or abC. In such event, the Exhibitor shall remain liable for the full amount of the Hiring Fee and any additional charges incurred.
The Exhibitor Agreement and these Terms and Conditions constitute the entire agreement between the parties. There are no other agreements between abC and the Exhibitor, either oral or written, other than contained herein.
The Exhibitor Agreement and these Terms and Conditions may not be amended except in writing and signed by both parties.
The invalidity or illegality of any part of these Terms and Conditions shall not affect the validity or enforceability of the remaining part of these Terms and Conditions.