Terms and conditions for event participation
These Terms and Conditions for Event Participation (the "Terms and Conditions") apply to participation in events organised by (or in cooperation with) Growercoach
Article 1 - Definitions
Capitalised terms used in these Terms and Conditions have the following meanings:
1.1 Applicant: each natural or legal person who has submitted an Application Form to be a Participant in an Event, regardless of whether this application has been accepted by Growercoach;
1.2 Application Fee: the amount of the down payment owed by the Applicant to Growercoach at the time of the conclusion of the Participation Agreement for his application to take part in an Event;
1.3 Application Form: the online form by which a potential Participant applies to take part in an Event;
1.4 Conditions of Participation: the conditions contained in the Participation Agreement, the Specific Event Terms (if applicable), these Terms and Conditions and the Rules & Regulations together;
1.5 Design Office: the Design Office. belonging to Growercoach and situated at 120-3121 Hill Rd, Lake Country, BC, Canada;
1.6 Event: the event to be put on by or in cooperation with Growercoach, whether or not in the Design Office;
1.7 Exhibitor Portal: Growercoach‘s online portal containing the main information about the Event for the Participants;
1.8 Participant: every natural or legal person who has submitted an Application Form to be a Participant in an Event and with whom Growercoach has entered into a Participation Agreement. The Participation Agreement shall enter into force once the Participant has received a confirmation from Growercoach by email;
1.9 Participation Agreement: the agreement between the Participant and Growercoach on the basis of which the Participant is entitled to take part as such in the Event;
1.10 Participation Costs: the total costs payable by the Participant to Growercoach and comprising the Application Fee, Stand Hire and, if applicable, Stand Build-up charge;
1.11 Parties: Growercoach and the Participant;
1.12 Growercoach: www.Growercoach.com, which has its offices at 120-3121 Hill Rd, Lake Country, BC, Canada;
1.13 Rules & Regulations: the Growercoach Rules & Regulations which contain the rules applicable to all visitors to the Convention Centre, including exhibitors and hirers, and can be found at www.Growercoach.com;
1.14 Specific Event Terms: the Specific Terms applicable to an Event;
Terms written in the singular include the plural and vice versa, insofar as the text requires.
Article 2 - Application
2.1 An application to participate in an Event should be made by completing the Application Form, which can be obtained directly from GROWERCOACH in hard copy or through GROWERCOACH’s online application module. The completed and duly signed Application Form must be submitted to GROWERCOACH. If the Application Form is completed and signed by someone other than a legal representative of the Applicant, the correct name and contact details of a legal representative of the Applicant must be filled in on the Application Form.
2.2 The Applicant warrants that the data supplied with his application are correct and that the legal representative listed on the Application Form is duly authorised to represent him.
2.3 GROWERCOACH will enter the data obtained from Applicants in a database kept by it for this purpose. By submitting an application the Applicant authorises the use and storage of the data. Once a Participation Agreement has been concluded, GROWERCOACH may use these data for the organisation of the Event and for Event-related publication purposes through the catalogue, website, social media etc.
2.4 Applications which cannot be accepted immediately owing to lack of space may be put on a waiting list. A decision on these applications shall be made before the opening of the relevant Event.
2.5 GROWERCOACH reserves the right to refuse an application at its own discretion. GROWERCOACH also reserves the right, as regards acceptance of applications, to grant priority to members of the associations or organisations acting as joint organisers.
2.6 The Participation Agreement is concluded solely by acceptance by GROWERCOACH of the application, whereupon the Applicant becomes a Participant. Acceptance shall be confirmed by GROWERCOACH to the Participant by email.
2.7 The Participant shall have the right to cancel the Participation Agreement, free of charge. The Participation Agreement may be cancelled during the Cancellation Term by sending an email to GROWERCOACH at the email address specified in the Specific Event Terms.
Article 3 - Changes
3.1 In extenuating circumstances, GROWERCOACH has the right to amend the dates and times of an Event or location allocated to the Participant or, in exceptional circumstances, to change the concept of the Event or to cancel the Event. In such case, the Participant shall not be entitled to claim compensation for any costs and/or loss or damage incurred.
3.2 Changes to dates, times, location or to the concept of the Event do not entitle the Participant to cancel his application in whole or in part.
3.3 If the Event is cancelled, the Participation Agreement will lapse. In such case, GROWERCOACH will refund all payments made by the Participant to GROWERCOACH.
Article 4 - Admission prices and admission tickets
4.1 GROWERCOACH may fix an admission price for the Event which applies to all visitors.
4.2 Upon payment of their Application Fee, Participants will receive admission tickets, specified in advance, which shall provide admission to the Event. These admission tickets are personal and may not be sold on or used by persons other than the Participant.
4.3 Participants may purchase extra admission tickets from the GROWERCOACH website.
Article 5 - Event program and participants
5.1 The Specific Event Terms shall describe the goods and services which will be exhibited at the Event. GROWERCOACH has the right to refuse goods and services or immediately remove goods and services - or arrange for their removal – from the Event without owing any compensation for such removal and without having to give reasons, even if the goods and services in question are as stated on the Application Form and/or in the Specific Event Terms. Any costs incurred in connection with such removal will be borne by the Participant.
5.2 For marketing purposes GROWERCOACH is entitled to take photographs and/or make film recordings of the Event and the Stand Spaces and persons present there. Participants and staff engaged by them must permit publication and/or distribution of the photographs and recordings and indentify GROWERCOACH against any claims in this respect.
Article 6 - Payment obligations
6.1 The Participant owes the Participation Costs specified in the Specific Event Terms and any other amounts specified in the Specific Event Terms.
6.2 The Participation Costs, with the exception of the Application Fee which will be charged shortly after the receipt of the Application Form, prior to the Event.
6.3 If the Participant considers that he does not owe all or part of an invoice, he should inform GROWERCOACH in writing or by email, giving reasons, within ten days of the date of the invoice, failing which any right to reduction of the invoice amount will lapse.
6.4 GROWERCOACH is entitled to set off payments made by a Participant, first of all against any outstanding debts owed to GROWERCOACH.
Article 7 - Intellectual property rights
7.1 The Participant is not permitted to display, offer and/or sell any goods or services in the Design Office which infringe another person's intellectual property rights. For this purpose intellectual property rights are deemed to include any patent, trademark, design right, copyright, know-how or domain name (or application for the same).
7.2 If infringement has been established in a judicial ruling, GROWERCOACH is entitled to remove the goods concerned (or have them removed) at the expense and risk of the Participant, deny the Participant access to the Event and take whatever other measures that it considers necessary, without prejudice to the provisions of article 14.
7.3 GROWERCOACH is the owner of the intellectual property rights relating to the Event. GROWERCOACH may grant written permission to Participants and other third parties to use these intellectual property rights in such manner as GROWERCOACH may direct.
Article 8 - Catalogue
GROWERCOACH may, for the purposes of the Event, publish a catalogue or set up an internet site (or arrange for this to be done) describing the Participants present during the Event and their goods and services. The Participants are obliged to provide the requisite information to GROWERCOACH for this purpose. Neither GROWERCOACH nor any third parties engaged by it will be liable for errors, defects or omissions in the catalogue and/or on the Internet site, unless there has been intent or deliberate recklessness on the part of GROWERCOACH (and/or third parties engaged by it).
Article 9 - Risk and liability
9.1 Goods of a Participant, including their packaging, present in the Design Office are at the expense and risk of the Participant. GROWERCOACH does not concern itself with the security or insurance of the goods.
9.2 The Participant is responsible for complying with the laws and regulations applicable to his activities.
9.3 GROWERCOACH is not liable for any loss or damage suffered directly or indirectly by a Participant, by his personnel, by persons working on the instructions of the Participant, by the holders of admission tickets issued to the Participant or by his visitors, unless in case of gross negligence of wilful intent on the part of GROWERCOACH.
9.4 The Participant is liable for any and all loss or damage of any nature whatever that is caused by acts or omissions of the Participant themselves, their personnel, persons who work for them or on his instructions in any way whatever, and holders of admission tickets issued to the Participant, and for loss or damage which is caused in any way by his goods and services.
9.5 The Participant indemnifies GROWERCOACH against any and all claims that third parties may bring against GROWERCOACH in connection with its acts or omissions.
9.6 GROWERCOACH shall not be obliged to intervene in any disputes to which it is not party, with the exception of article 11.2, including but not limited to disputes between Participants and disputes between Participants and visitors.
9.7 Any liability of GROWERCOACH is limited to the amount paid out under the terms of GROWERCOACH’s liability insurance, provided always that, in the absence of cover, GROWERCOACH’s liability is limited to the Participation Costs owed by the Participant on the basis of his application.
Article 10 - Confidentiality
10.1 Each Party shall treat as confidential and not disclose or use any information contained in this Participation Agreement or information that becomes available in the course of performing the Participation Agreement and of which it has been notified by the other Party that the information is confidential or that it should reasonably understand is confidential, unless and in so far as:
15.1.1 disclosure is required by the Participation Agreement, by law or by the courts;
15.1.2 disclosure is required by a supervisory authority or public body;
15.1.3 disclosure is necessary to enforce this Participation Agreement in court proceedings;
15.1.4 the other Party has given written permission for disclosure;
15.1.5 the information has come into the public domain through no fault of the disclosing Party;
15.1.6 Disclosure is necessary in order to obtain advice from a professional adviser.
In the event of disclosure of information in the cases referred to above, the disclosing Party shall consult the other Party about the content, form and timing of the intended disclosure.
Article 11 - Applicability of Terms and Conditions
11.1 If and insofar as any provision of the Terms and Conditions is null and void or is avoided, the other provisions of these Terms and Conditions will remain in force in full. GROWERCOACH will then adopt a new provision to replace the provision that is null and void or has been declared avoided, taking account as far as possible of the tenor of the former provision.
11.2 The applicability of any terms and conditions of the Participant is expressly rejected, notwithstanding any previous or subsequent reference to - or declaration of the applicability of - such terms and conditions of the Participant, for example on invoices.
11.3 In the event of conflict, the Conditions of Participation will prevail in the following order:
a. the Participation Agreement;
b. the Specific Event Terms;
c. the Rules & Regulations.
Article 12 - Disputes
12.1 The Conditions of Participation and all legal relations which may arise between GROWERCOACH on the one hand and the Participant and/or Applicant on the other will be governed exclusively by Canadian law.
12.2 In the event of disputes resulting from the Conditions of Participation or legal relationships arising from them, the Parties will first of consult together in order to attempt to resolve this dispute by amicable means. If the Parties do not succeed in this, a dispute as referred to above will be decided exclusively by the competent court in Canada, without prejudice to the right of appeal and appeal in cassation.
12.3 If, for any reason whatever, a Participant or Applicant does not have an address or place of residence known to GROWERCOACH, the Participant will be deemed to have chosen the offices of GROWERCOACH at 120-3121 Hill Rd, Lake Country, BC, Canada, as its address for the service of all notices and the like which GROWERCOACH may wish to give in connection with the Conditions of Participation and their implementation.