These terms and conditions (‘Terms and Conditions’) apply to the sale to you (‘the Exhibitor’) by Whitechapel Gallery Ventures Limited (‘the Whitechapel Gallery’) of exhibition stands at the London Art Book Fair 2018 (‘LABF’).
2. Acceptance of placement
Persons, companies and organisations wishing to participate in the LABF must confirm their involvement with the relevant payment of the fees.
3. Terms of Payment
Fees are non-refundable. If the LABF is cancelled (see Force Majeure), the Whitechapel Gallery will return your fees in full but cannot be held liable for any additional expenses incurred.
Prior to the LABF, the Exhibitor will receive a payment link for the exhibition stand. If payment is not received before the LABF, it will not be possible for the Exhibitor to take part in the LABF.
4. Stand allocation
Exhibitor stand allocation will be decided after payment of fees. Exhibitors cannot sublet their space or any part of it to another party without prior permission from the Whitechapel Gallery. Spaces are non-transferable.
5. Stand operation
Exhibitors must ensure that their stands are occupied without interruption during the opening hours of the LABF. Should an Exhibitor leave the LABF prematurely, the Whitechapel Gallery can require him/her to pay a penalty of up to £500. The use of any equipment, the holding of any event or the giving of any performance that causes an obvious nuisance to adjacent exhibitors or visitors, notably the occupation or use of the area in front of the stand, any kind of noise are not permitted unless agreed by prior arrangement with the Whitechapel Gallery. Exhibitors must not cause a visual, acoustic or spatial nuisance to neighbours, nor impede the circulation of visitors in passageways.
Signage for each stand will be provided by the Whitechapel Gallery. Any additional signage displayed by exhibitors may be removed.
7. Liability for exhibits and stand operation
The Exhibitor is liable for their exhibit and stand operation.
8. Liability for auxiliary personnel
The Exhibitor is liable for any damage caused by auxiliary personnel engaged by the Exhibitor.
9. Liability of the Whitechapel Gallery
Except in respect of death or personal injury caused by the Whitechapel Gallery’s negligence, the Whitechapel Gallery shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Whitechapel Gallery, its employees, agents, sub-contractors or otherwise) which arise out of or in connection with the sale of the LABF stand or its use by you and the entire liability of the Whitechapel Gallery under or in connection with the sale of the LABF stand to you shall not exceed the total sum paid under the final invoice.
All Exhibitors must insure all exhibits and stand installations against fire and damage by the forces of nature and must also conclude a third party liability insurance. In addition, Exhibitors are advised also to insure exhibits and stand installations against damage and loss during the LABF and during transport to and from the event.
11. Data Protection
The Whitechapel Gallery’s data policy follows General Data Protection Regulation (EU) 2016/679. We store the personal data you provide in this transaction within our secure in-house payment system supplied by Shopify which is connected to Sagepay. The transaction is accessible with password protection to the Gallery’s Commercial and Marketing staff. The legal basis for this is to fulfil a contract, meaning to ensure that you correctly receive the product you have purchased. We will use your data to ensure that we continue to provide a high-quality service, for business development and sales analysis, using legitimate interest as a legal basis. With your consent we will email you regarding London Art Book Fair and Publications promotions. Your personal data will not be shared further by the Whitechapel Gallery.
12. Force Majeure
In the presence of any good and sufficient cause, third-party default, accidental happening, political and economic events, and orders by authorities, the Whitechapel Gallery has the right to postpone an event, shorten or prolong its duration, cancel it, or adapt its operation to circumstances. In all such cases, the Whitechapel Gallery rejects any liability, and the Exhibitor will not be entitled to claim compensation. Payments already made will be reimbursed after the deduction of the costs and expenses already accrued by the Whitechapel Gallery. For the purposes of this clause, an accidental happening is defined as any unforeseeable circumstance not attributable either to the Whitechapel Gallery or to the Exhibitor, and will include any act of force majeure.
13. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts. Nothing contained in these Terms and Conditions affects your statutory rights.
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