Article 1 - Object of the show
MILLENIUM SAS (hereinafter the Organizer) organizes a contemporary art fair, Art Fair Dijon which will be held from 25 to 28 June 2020.
This show is reserved for contemporary art galleries.
Article 2 - Scope - Contractual Documents
These General Conditions and Internal Regulations are binding by all exhibitors.
They are supplemented by the provisions set out in the application for participation.
The transmission of the participation request constitutes acceptance of these general conditions and internal regulations.
These general conditions and rules of procedure are supplemented by any condition put in place by the lessor and / or the owner of the place where the Show is organized.
Any other document and / or condition emanating from an exhibitor or an exhibiting candidate not expressly accepted by the Organizer is unenforceable.
Article 3 - Application for admission
Applications for admission must be made on the website www.art-fair-dijon.fr by completing the form "Request to participate".
The request to participate must be accompanied by a kbis extract of less than 3 months, a certificate of insurance, an IBAN / BIC extract, the payment of registration and study fees.
The transmission of an incomplete file is likely to lead to a non-examination of the application and in any legitimate case, a refusal.
The minimum stand size is 28 square meters for show groups and 16 square meters for solo shows.
The candidate can express a wish of location without this request being guaranteed.
The square meters requested by the Exhibitor will only be granted subject to availability.
Article 4 - Firm commitment of the candidate
Any candidate who submits an application for admission is firmly and definitively committed and will be required to attend the Show if his / her file is accepted.
Article 5 - Conclusion of the contract
The application to participate is not worth admission.
In the context of the coherence of the show and the image of the latter and the artistic choices of the Organizer, any application for admission is subject to examination and selection by the Organizer.
The Organizer is free to accept or refuse an admission without the Organizer having to justify its decision.
The application of the Exhibitor is considered as admitted only from the written confirmation by the Organizer.
Any refusal is notified by any means no later than 60 days before the date of the event.
Article 6 - Prohibition of Subletting the Site or Assignment of the Contract
The Exhibitor may not assign the benefit of the contract concluded with the Organizer to a third party.
The Exhibitor also agrees not to sublet the site in any way.
Article 7 - Modification - Cancellation of participation
Once accepted, the Exhibitor who wishes to cancel his participation, if his request for cancellation reaches the Organizer more than two months before the Exhibition, is liable to the loss of the deposit already cashed, without prejudice to all other damages.
Any cancellation of its participation by an Exhibitor, notified less than two months before the date of the Show, entails the invoicing of the entirety of the sums due under the accepted request for participation.
The Exhibitor may cancel its participation if it justifies the existence of a case of force majeure meeting the conditions of Article 1218 of the Civil Code.
Article 8 - Location
The location of the stands is made according to the configuration of the premises and in the respect of the artistic coherence of the Show.
8.1 - Provision of locations
The provision of the site is subject to the settlement of all sums due.
8.2 - Layout
The pitches must be arranged at the latest the morning of the opening of the Salon
Any delay in the development of the stand will result in the application of penalties, at a rate of € 50 per hour late.
The Exhibitor arranges his stand exclusively within the limits of the allocated location and must not encroach on the aisles.
Any non-occupied location may be assigned to another Exhibitor without any compensation for the benefit of the original Exhibitor.
8.3 - Placement Equipment
The stand includes the equipment whose installation was requested during the application for admission.
8.4 - Works presented
The Exhibitor may only present on his site the type of works referred to in his application for admission.
8.5 - Stand quality - Cleanliness
The Exhibitor undertakes to offer a stand with a high level of quality, both through its layout and through the exhibited works.
The Exhibitor ensures the cleanliness of the stand made available.
8.6 - Presence on the stand
Exhibitors, in their own interest, are obligated to maintain a physical presence on the stand that is always welcoming visitors.
Article 9 - Assembly / Disassembly
During the assembly and dismantling period, only the vehicles required for the assembly of stands are accepted. The conditions of access of vehicles in the enclosure are specified in the exhibitor's practical guide.
Dismantling work is only permitted from the last day of the Show, 30 minutes after the closing time to the public and must be completed at the dates and times indicated on the schedule.
The stand must be returned in the condition in which it was made available.
The Exhibitor prohibits any act of soliciting in the alleys of the Salon.
Any equipment left on the stand will be destroyed, 8 days after a formal notice remained unsuccessful, or kept at the risk of the exhibitor.
The Exhibitor will be charged late fees if the deadline is exceeded.
The Exhibitor is solely responsible for damages that may be caused to the materials not removed.
Article 10 - Intellectual property
The Exhibitor is responsible for the works presented on his stand. He must have the rights and authorizations necessary for their exhibition on the stand.
The Organizer assumes no liability for infringement of the rights of third parties.
Article 11 - Cancellation of the event
If the Organizer is obliged to cancel or postpone the Show in particular for a case of force majeure, the sums already paid by the Exhibitor are reimbursed, including the registration fee.
In addition to cases of force majeure, the Organizer may cancel the Show until 31 January 2020.
The amounts already paid by the Exhibitor will be refunded to him including the registration fees.
Whatever the reason, cancellation is not entitled to any compensation for the benefit of the Exhibitor.
Article 12 - Financial terms
12.1 - Application and Registration Fees
Any application for admission gives rise to the payment of registration and study fees. These registration fees are not refunded in case of refusal of the application.
12.2 - Terms of payment
Participation gives rise to the payment:
- a deposit upon acceptance of the file,
- Balance ---- days before the show.
Payments are made in euros (€) at the Organizer's headquarters.
12.3 - Additional services
Any order for additional services is accepted only if it is accompanied by the corresponding payment.
12.4 - Default of payment
In the absence of a settlement on good date, the admission decision may be canceled.
The Organizer may then dispose of the reserved space and keep the sums already paid by the Exhibitor as compensation, without prejudice to any action to compensate for the damage suffered.
Any invoice not paid when due will result in the application of a late payment penalty by applying to the amounts due an interest rate equal to three times the prevailing legal interest rate.
In addition, late payment or failure to pay results in the payment of a lump sum indemnity for recovery costs in the amount of € 40.
In case of higher recovery costs, the Organizer may request additional compensation.
12.5 - Exchange costs
In the case of a foreign exhibitor, the exchange costs are borne by the exhibitor.
Article 13 - Complaint
Any complaint made by an exhibitor on the invoices received and / or on the services provided by the Organizer and in particular the stand made available must be made no later than 10 days from the date of issue of the invoice or the beginning of the Living room.
Any claim relating to attendance at the Show, the Exhibitor's stand and / or the turnover made by the Exhibitor during the Show is not receivable.
Any claim relating to the location made available is inadmissible.
Article 14 - Event catalog - Use of the Exhibitor's image
The registration entitles you to an insertion in the list of exhibitors on the catalog and on the website, and to the delivery of a copy of the catalog.
The catalog text is stopped no later than 6 weeks before the opening of the Show.
The Organizer endeavors to take the greatest care in the development of the catalog. However, he can not guarantee the absence of error or omission.
Advertisements to be included in the catalog will be the subject of a framework contract between the Exhibitor and the publisher of the catalog.
The Exhibitor authorizes the Organizer to use the name of the exhibitor, its distinctive signs (logo, etc ...) to ensure the presentation of the Show, before, during and after its holding.
The Exhibitor is informed that in case of shooting a film, television report, photographic shooting, or retransmission on the TV of the event, that its image or that of its employees is likely to to be included in it, to which he consents without demanding retribution.
Article 15 - Warranty - Responsibilities
Subject to the cancellation hypotheses, the Organizer guarantees only the holding of the Show, the provision of the location and the performance of the additional services ordered provided that the Exhibitor is up to date with its obligations.
The Organizer gives no other guarantee.
In the event of proven breach by the Organizer of its obligations, the Organizer is only liable for personal, foreseeable, material and direct damage to the exhibitor.
It does not respond to predictable and / or unpredictable damage. It is here stated that the prejudice commercial, the damage to the image, the loss of luck are considered by the parties as indirect and / or intangible damage.
Attendance at the event is a hazard recognized as such by the Exhibitor and can not be the basis of a challenge by the Organizer.
Article 16 - Badges, Entry Cards and Invitations
Each exhibitor will be issued with free badges. The number of badges is calculated according to the surface and the location of the stand: the details of the prizes are specified on the application form.
Any additional badge will be paid: the conditions and prices are indicated in the request to participate. These badges will only be delivered after full payment of the location invoice and are strictly reserved for the staff employed on the stand.
Each Exhibitor has free invitation cards for his clients depending on the surface and the location of his stand: the details of the prizes are specified upon acceptance of the registration.
Additional invitation cards may be purchased by the Exhibitors. These cards entitle you to free admission to the cash register and are to be presented directly to the control. They are valid only if they bear the stamp of the Exhibitor who offers them.
Article 17 - Additional services
The additional services are the subject of an order in the technical file. They will be billed according to the rates indicated in the file. Any service or technical modification made less than 10 days before the opening of the Show will be subject to a surcharge of 20%.
Article 18 - Insurance
It is the responsibility of the Exhibitor to subscribe and provide us with any insurance covering its compulsory civil liability for any damage sustained or occasioned during the Show.
The Exhibitor subscribes and provides us with "all risks nails" insurance covering any damage that may be caused to the exhibited works, in particular in case of loss or theft, damage and transportation of the works.
Article 19 - Miscellaneous provisions
19.1 - Monitoring
A guard service will be present at the show from the beginning of the exhibitor's assembly. However, it does not respond to accidents, fire, theft and any damage that may occur. Any exit of article exposed during the event will be able to be carried out only on presentation of an invoice paid by the Exhibitor. A control of the vehicles can be carried out.
The Exhibitor makes every effort to ensure the safety of the works exhibited during opening hours.
19.2 - Sound system
The sound of the event will be governed by the Organizer. The operation of the Exhibitors' audio and visual equipment may be limited or prohibited by the Organizer if it deems it useful.
19.3 - Control and regulation of work
Exhibitors must attach to the file:
- A certificate of provision of social declarations and payment of social security contributions and contributions provided for in Article L.243-15 of the Social Security Code issued by the social protection body responsible for collecting contributions and contributions less than six months old
- an extract from the registration in the commercial and companies register (K or K bis); or an identification card justifying registration in the trade register; or an estimate, advertising document or professional correspondence provided that the name or corporate name, full address and registration number in the Trade and Companies Register or in the trade register are mentioned; or a receipt for the filing of a declaration with a business training center for persons in the process of registration.
Exhibitors undertake to use on their stands only employees who are regularly engaged under the provisions of labor law. In addition, they must be able to provide at any time the employment statements of all these employees.
19.4 - Security
Exhibitors are strictly forbidden to use fireplaces in their stands, as well as to keep any container containing explosive gases or detonating substances, as well as noisy equipment. More generally, Exhibitors are required to know and comply with the security measures imposed by the public authorities or possibly taken by the Organizer.
The Exhibitor must be provided with all the certificates of conformity necessary for the use of the equipment of decoration and development of the stands. It must imperatively be able to present them at the request of the Organizer, the Safety Manager or the Safety Committee during the visit before the opening. In the event that these documents are not presented, the Organizer gives itself the right to make the necessary technical adjustments and imposed by the security. The cost of these adjustments will be borne by the exhibitor.
Article 20 - Applicable Law - Dispute Resolution
These special conditions and the rules of procedure and the relationship between the Exhibitor and the Organizer are subject to French law.
In case of dispute, the Exhibitor must submit by any written means likely to be dated its claim to the Organizer. Any action brought before the courts before the expiry of 15 days following the receipt of this claim by the Organizer will be inadmissible.
In the absence of amicable settlement, litigation falls within the exclusive jurisdiction of the Commercial Court of Besançon, even in the event of summary judgment, warranty appeal, or multiple defendants.