Terms & Conditions
General Terms of Participation PERFORMANCE DAYS (as March 2017)
1.1 All potential exhibitors wishing to take part in the PERFORMANCE DAYS functional fabrics fair (hereinafter referred to as “Fair”), the participation including a Fair related marketing package, PR and consultancy services, must express their wish to do so by fully completing the online application form and submitting it to Design & Development GmbH Textile Consult (hereinafter referred to as “D&D”) by the particular application deadline. The exhibitor accepts that these General Terms of Participation are legally binding as soon as an application form has been submitted. With the application, exhibitors express to D&D their serious interest in taking part in the Fair as exhibitors in accordance with these General Terms of Participation. All exhibits must be described precisely in the application form.
1.2 Co-exhibitors and additionally represented companies must be named in the application form, specifying the same particulars as for the exhibitor. Incomplete or late applications cannot be considered.
2. Admission and marketing
2.1 Exhibitors do not have a legal claim to admission unless such a claim exists by law. The Participation Agreement between the exhibitor and D&D (hereinafter referred to as “Participation Agreement”) takes effect upon receipt by the exhibitor of a written order confirmation issued by D&D. The content of the order confirmation shall be binding, unless it materially deviates from the application and the exhibitor objects the confirmation within two weeks of receipt of the confirmation.
2.2 Exhibitors who have not fulfilled their financial obligations vis-à-vis D&D, in respect of previous events, or have infringed these General Terms of Participation or other applicable contractual provisions (e.g. third party terms and conditions, site rules, etc.), may be excluded from admission.
2.3 Upon admission, D&D undertakes to render certain exhibitor marketing services, including print media (Fair catalogue, etc.), on-site and digital marketing, e.g. Fair website, mailings, press information and social media, consultancy services, e.g. PERFORMANCE FORUM (see. below sec. 3), mailings and individual assistance and PR-activities, including press releases, mailings, social media, press set for the Fair, etc. Press contacts, stand number, phone and fax numbers, E-Mail and business address of the exhibitor will automatically be published and marketed in the Fair catalogue and the internet.
2.4 D&D is entitled to withdraw from the Participation Agreement or to terminate the contractual relationship without notice if admission was based on incorrect or incomplete statements by the exhibitor, or if, at a later date, the exhibitor no longer fulfils the conditions for admission.
2.5 Co-exhibitors may not be admitted, nor additional organizations represented, unless expressly specified in the order confirmation.
3. Performance Forum and submitted products
3.1 During the Fair, D&D presents exhibitor products in the “PERFORMANCE FORUM” (hereinafter referred to as “Forum”) to Fair visitors. The Forum is an exhibition of selected products that are presented by the Fair in a designated area of the Fair. Besides the presentation of the physical products in the Forum during the Fair, the articles are also presented at the Fair’s website, its social media accounts and its print media for an undefined period of time. Exhibitors have the possibility to send in products for the Forum according to the specifications (theme, line of products, number of articles, deadlines and required product information) communicated to the exhibitor in his exhibitor account, i.e. an individual exhibitor’s section on the Fair’s website. The exhibitors decide which products are submitted to the Fair and bear the cost of production and sending; the decision whether a submitted product is included in the Forum and if so, the way of presentation remains at the sole discretion of D&D and/or a jury nominated by D&D. No responsibility is assumed by D&D for the information provided in connection with the submitted products presented by D&D, as all information is supplied by the exhibitors. D&D considers this information to be truthful and does not assume any responsibility for it to be outdated, partial or inaccurate. The exhibitor shall indemnify D&D from all claims of third parties towards D&D and any costs, including the costs of legal defence, that arise by reason of false information supplied by the exhibitor in connection with the submitted products.
3.2 Submitted products become property of D&D upon receipt by D&D. D&D, at its sole discretion, may decide whether the submitted products upon termination of the Fair, shall be disposed of, donated to students, forwarded to publishers of trend books or members of the jury. In case an exhibitor wishes to retrieve his submitted product(s) after the Fair, he must declare such intention at the time of the submission vis-à-vis D&D in writing and shall assume all costs of return shipping.
4.1 D&D shall be entitled to terminate the Participation Agreement without notice period (with immediate effect) in writing in case (i) composition or bankruptcy proceedings have been filed or initiated against the exhibitor or the initiation of such proceedings was refused due to insufficient assets or (ii) the exhibitor has (partially) defaulted on due payments for the participation.
4.2 In any case of termination of the Participation Agreement with immediate effect by the exhibitor, D&D shall, upon receipt of the termination notice by the exhibitor, be entitled to vacate and clear the respective stand immediately at the exhibitor's expense and to dispose over the stand area at its discretion. The exhibitor shall not be entitled to claim damages from D&D.
4.3 D&D must receive notice of cancellation or withdrawal from participation in the Fair (hereinafter the “Termination Notice”) before an order confirmation/invoice is sent to the exhibitor by D&D. Termination Notices received after this time are subject to the explicit approval of D&D’s management. Any Termination Notice must be in writing. After confirmation of the admission of the exhibitor’s participation in the Fair by D&D and in case of approval of the withdrawal by D&D, the following cancellation fees apply:
a. Receipt of the Termination Notice by D&D more than 90 days prior to the start of Fair – 30% of the admission and service fee;
b. Receipt of the Termination Notice by D&D less than 90 days, but more than 30 days prior to the start of the Fair – 60% of the admission and service fee; and
c. Receipt of the Termination Notice by D&D less than 30 days prior to the Fair – 100% of the admission and service fee.
5. Stand, Positioning
5.1 D&D positions the stands in equitable discretion. D&D reserves the right to deviate from the type, size, and location of the exhibition area desired by the exhibitor, to exclude certain exhibits from admission, and to impose conditions on the admission. The exhibitor’s reservations, conditions, and particular wishes (e.g. regarding location, exclusion of competitors, stand construction or design) will be taken into account only if expressly confirmed in the order confirmation.
5.2 The stand will be allocated according to D&D’s requirements, the prevailing conditions and in accordance with the classification system (according to the order in which applications are received) for the Fair as applied by D&D at its own discretion. D&D is entitled to deviate from the classification system according to its requirements.
5.3 The Participation Agreement applies only to the admitted exhibitor and expressly admitted co-exhibitors. No assignment, in whole or in part, of the respective stand to third parties or affiliation with third parties is permitted. An exchange of assigned stands between exhibitors is subject to the prior written consent of D&D. In case of infringement, D&D is entitled to terminate the Participation Agreement without notice.
5.4 The allocation of the other stands, in particular of neighbouring stands, can change until the time the Fair opens. D&D is also entitled to relocate and/or close entrances to and/or exits from the trade fair grounds and halls, and to make other structural alterations deemed necessary or useful in the interest of D&D. Exhibitors affected by such alteration may not rescind the Participation Agreement nor be entitled to damage claims against D&D under such circumstances.
5.5 D&D may subsequently, also in deviation to the order confirmation, change space allocations, and in particular change the location, type, dimensions and size of the exhibition area given to the exhibitor, insofar as this is necessary for reasons of safety or public order, or because the Fair is oversubscribed and further exhibitors shall be admitted or because changes in assignments of exhibition space ensure that the facilities and space required for the trade fair are used more efficiently. However, such subsequent changes may not exceed the scope which the exhibitor can reasonably be expected to accept. Should such subsequent changes result in a lower admission and service fee, the difference in amount will be refunded to the exhibitor. Further claims against D&D are excluded.
6. Use of stand, exhibits and publicity
6.1 If exhibitors cannot use their stand space or are prevented from making full use of the same because they have infringed legal or official regulations or the General Terms of Participation, they are nevertheless obliged to pay the admission and service fee according to clause 4 above and to pay compensation to D&D for all damage caused by themselves, their legal representatives or employees; exhibitors are not entitled to cancel or terminate the contract unless the respective law specifically entitles them to do so.
6.2 Only such items which have been declared and admitted may be exhibited. D&D has the right to remove any other exhibits at the exhibitor’s risk and expense.
6.3 Exhibits and publicity material may only be displayed in the area of the stand and may not be set up as to acoustically or visually disturb neighbouring areas or stands. The exhibitors may not create any obstructions of the fair venue, in particular the aisles or other stands. Interviews or surveys may also only be conducted in the proper stand area. The exhibitor undertakes to adhere to all applicable laws and regulations relating to his exhibits and promotional material and to remain legally responsible for such adherence during the participation in the Fair.
7.1 D&D shall not be liable for slight negligence or negligence, of its corporate agents, legal representatives, employees or other servants, unless any material obligation under the Participation Agreement has been violated.
7.2 To the extent that D&D is liable for damages in case of negligence or slight negligence on any legal ground whatsoever, such liability shall be limited to such damage or loss which D&D foresaw or, with the ordinary care of a prudent businessman, should have foreseen as possible consequence of a violation at the time of executing the Participation Agreement. Under no circumstances, will D&D be liable for any indirect or consequential damage (e.g. but not limited to loss of profit or loss of revenue).
7.3 The above limitations of liability shall not apply (i) in case of wilful misconduct or gross negligence and (ii) for any injury to life, body and health caused by D&D, its corporate agents, legal representatives, employees or other servants.
7.4 D&D shall under no circumstances be liable for damage to or loss of material, exhibits and goods brought to the fair area by the exhibitor, the stand and its fittings as well as furniture. The exhibitor shall be liable for any culpable damage to persons or property caused by him, his employees or representatives to other exhibitors and their exhibits, the stand’s fittings, furniture, installations and equipment. The same shall apply in case of loss of any rented or other items let to the exhibitor in connection with his participation as exhibitor in the Fair.
D&D does not provide insurance coverage for the exhibitors for the event. Each exhibitor is obliged to conclude a corresponding insurance contract with an insurance company as is licensed to operate in the European Union and to pay the premiums incurred (including insurance tax) in good time.
9. Notice of defect
Complaints about any defects in the stand or exhibition area are to be made in writing to D&D immediately on occupying the exhibition area, but by the end of the particular stand set-up period at the latest, so that D&D can remedy such defects. Later complaints cannot be considered and cannot give rise to claims against D&D.
10. Force majeure, postponement, curtailment, relocation or cancellation of the Fair
10.1 If D&D is compelled, as a result of force majeure or other circumstances beyond its control, in particular non-fulfilment of material contractual obligations by D&D’s landlord or other suppliers of D&D, to vacate one or more exhibition areas temporarily or for longer periods, the exhibitors do not thereby acquire the right to withdraw or cancel, nor do they have any other claims against D&D, in particular claims for damage (see also sec. 5 above).
10.2 If D&D is compelled, as a result of force majeure or other circumstances beyond its control, in particular non-fulfilment of material contractual obligations by D&D’s landlord or other suppliers of D&D, (i) to postpone, (ii) to curtail or (iii) to relocate the Fair to a different venue, the Participation Agreement shall be deemed concluded for the adjusted date, period and/or venue, unless such postponement, curtailment and/or relocation is unreasonable and the exhibitor objects in writing within two (2) weeks of notification of the postponement, curtailing or relocation of the Fair. In any case according to this sec. 10, D&D shall be entitled to reasonably adjust the admission and service fee to the changed circumstances. In case of objection and thus cancellation of the Participation Agreement by the exhibitor, D&D shall reimburse the exhibitor as set forth in sec. 10.3 below.
10.3 If D&D cancels the Fair or parts of the Fair because it cannot hold the event as a result of force majeure or other circumstances beyond its control, in particular non-fulfilment of material contractual obligations by D&D’s landlord or other suppliers of D&D, or because it has become unreasonable for D&D, taking due account of the exhibitors’ interest (sec. 2 admission applies respectively), to hold the Fair or parts of the Fair, D&D shall reimburse the affected exhibitor as follows:
a. information more than 90 days prior to the start of Fair – 85% of the admission and service fee;
b. information less than 90 days, but more than 30 days prior to the start of the Fair – 70% of the admission and service fee; and
c. information less than 30 days prior to the start of the Fair – 60% of the admission and service fee.
10.4 Further to the above obligations to reimburse the exhibitor, according to this sec. 10, D&D shall not be liable for damages or disadvantages of the exhibitor, arising out of or in relation to the objection or cancellation, (sec. 7 above applies).
11. Photography, filming and video recording
11.1 Only persons authorised by D&D and in possession of a valid D&D pass may film, photograph, or make sketches or video recordings in the exhibition halls. Exhibitors shall be entitled to have photographs, sketches or video recordings of their own stands made by such authorised personnel during regular opening hours; exceptions may be arranged upon D&D’s prior consent. Under no circumstances may photographic or other images or recordings be made of other exhibitors’ stands. If this rule is infringed, D&D may demand that the recorded material be surrendered and take legal steps to achieve this end.
11.2 D&D is entitled to have photographs, drawings, films and video recordings made of events at the Fair, of stands and exhibits, and to use them for advertising or general press publications. This shall also apply to persons recorded in such occasion.
12. Catering, deliveries to stands
The caterers appointed by D&D are responsible for all catering within the trade fair grounds. Deliveries of beer or other beverages may be made only by companies contracted to D&D. Only a limited number of deliveries may be made to the exhibition stands. D&D is entitled to permit deliveries to stands only at certain times. Exhibitors are not permitted to sell food or beverages at their stands.
13. Combating brand and product piracy
13.1 Exhibitors are obliged to respect third party intellectual property rights. In case an exhibitor exhibits, offers or otherwise promotes products or services or conducts any other activity which infringe(s) any third party intellectual property right, the exhibitor undertakes in advance to remove the items concerned from the stand or refrain from such activity.
13.2 If an exhibitor has been prohibited from exhibiting, offering or otherwise promoting products or services by way of a German court decision and the exhibitor refuses to comply with the court decision, presenting such products or services on his exhibition stand, D&D is entitled to exclude the exhibitor from the Fair and/or future events. In such cases, no refund of the stand rental (in part or in full) is made. D&D undertakes to reconsider admission to the Fair or future events in case the respective court decision was subsequently superseded by an appeal procedure before a German court.
13.3 D&D is not obliged to check the correctness of the court decision. Exclusion of the exhibitor affected by the court decision cannot be legally asserted. If the court decision, by way of which exclusion of the exhibitor has occurred, is superseded by a court decision passed subsequently by way of appeal proceedings, the exhibitor, who had been correctly excluded on the basis of the previous court decision, is not entitled to claim compensation from D&D.
Each exhibitor shall remain fully and solely responsible for his exhibiting, offering or otherwise promoting products or services. Under no circumstances shall D&D be held liable for any exhibitors’ violation of any third party’s intellectual property rights.
14. Fair passes
Upon admission, each exhibitor will receive a certain number of free Fair passes as specified in the order confirmation. These Fair passes are personalized and not transferable. Any transfer of Fair passes, in particular to unauthorized third parties, e.g. to persons or companies wishing to offer goods for sale or to render services at the trade fair centre without corresponding authorization from D&D, without the prior written consent of D&D shall render such transfer and the respective Fair passes null and void. Additional personalized Fair passes may be requested in writing from D&D and are subject to a charge. Fair passes are issued only after payment of the admission and service fee in full.
15. Set-up, staffing and dismantling of stand
15.1 The dates for stand set-up and dismantling as specified in the Special Terms of Participation (“Exhibitor-Information”) must be strictly observed. Exhibitors are not entitled to additional or extracurricular access to the Fair area for set-up or dismantling purposes. Stands not occupied by the end of the setup period may be disposed of as D&D sees fit. In case D&D is not able to reallocate the stand to another exhibitor, D&D is entitled to design it at the exhibitor’s expense.
15.2 Exhibitors admitted to the fair undertake to participate in the Fair. The stand must be properly equipped and staffed by qualified personnel throughout the Fair during the prescribed opening hours. Particular attention should be paid to ensuring that the stand is already fully staffed when the Fair opens. Exhibitors are not permitted to remove trade fair goods or dismantle their stands before the Fair closes. In case of infringement of any provision of this clause 15, D&D is entitled to demand a penalty of 1,000.00 EUR for each case of infringement. Such payment request does not forfeit D&D’s right to claim further damages.
15.3 D&D is authorized to dispose of any items left by the exhibitor on the premises of the Fair after the dismantling period and shall not be obliged to store such items. Furthermore, D&D shall be entitled to exclude from future Fairs any exhibitor whose stand is staffed by insufficiently qualified personnel during the Fair's opening hours, who exhibits an incomplete range of goods or goods not admitted to the Fair, who vacates or clears his stand before the end of the Fair, or who otherwise infringes the General Terms of Participation, without prejudice to D&D’s right to cancel the contract and to a claim for all costs thereby incurred.
16. Local regulations
Exhibitors must strictly observe the regulations governing the use of the particular place of issue and its grounds. Exhibitors are not permitted to spend time outside the official opening hours as specified by D&D in the halls or on the grounds. Exhibitors must treat the other participants at the Fair with respect, may not act contrary to public moral policy and may not misuse their participation at the Fair for ideological, political or other such purposes as have nothing to do with the event.
17. Period of limitation
All the exhibitor’s claims against D&D arising from the stand rental, and all legal proceedings in connection therewith, lapse after a period of six months. This period of limitation starts at on the closing day of the respective Fair.
18. Applicable law, jurisdiction
18.1 This contract shall be governed by the laws of Germany (excluding the Convention on Contracts for the International Sale of Goods).
18.2 Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Munich, Germany.
19.1 Both contracting parties acknowledge the General Terms of Participation as being integral part of the participation agreement. Integral parts of this contract further include in particular (i) the official application form, (ii) the order confirmation and (iii) the Special Terms of Participation.
19.2 D&D reserves the right to modify or supplement these General Terms of Participation or to waive them in exceptional circumstances; such alterations require written form. All verbal agreements, individual and special arrangements are valid only upon D&D’s written confirmation.
19.3 Notices and any other declarations of the parties delivered via facsimile or e-mail shall satisfy the written form requirement.
19.4 Should one or more provisions of the Participation Agreement be determined to be illegal or impracticable, this shall not affect the effectiveness and validity of the other provisions. In such a case, the invalid or impracticable provision shall be replaced by a valid and practical provision that matches the intended economic purpose of this invalid or impracticable provision as closely as possible. The same shall apply mutatis mutandis in the event of any loophole in the General Terms of Participation.
General Terms for visiting PERFORMANCE DAYS (as May 2016)
For PERFORMANCE DAYS functional fabrics fair (the “Fair”), the visitor acknowledges and agrees as follows:
- Access to the fair is only possible with a valid ticket.
- Tickets are subject of the registration by Design & Development GmbH Textile Consult (hereinafter “D&D”). Visitor may either register online via the Fair’s website: https://www.performancedays.com/fair/register-now.html or by personal registration at the Fair’s CheckIn Counter during regular Fair opening hours. D&D reserves the right to grant and deny access to the Fair at its own discretion.
- The Fair pass is personalized and not transferable. Any transfer of Fair passes, in particular to unauthorized third parties (e.g. to persons or companies wishing to offer goods for sale or to render services at the Fair without corresponding authorisation from D&D) without the prior written consent of D&D, shall render such transfer and the respective Fair pass null and void.
- Access to the Fair is limited to the Fair opening hours (daily from 09:00h-18:00h and during D&D authorized Fair events on the Fair ground. The Fair pass shall be worn visibly during the entire stay at the Fair ground.
- Visitor is aware of the house rules as reproduced below and recognizes the domestic authority (Hausrecht) of D&D.
- Visitor may not offer products or services to any visitor or exhibitor at the Fair. Any sales activities are the prerogative of the exhibitors of the Fair. Violations may lead to (permanent) ban of Visitor from the Fair.
- Only persons explicitly authorised by D&D and in possession of a valid D&D special press pass may film, photograph, or make sketches or video recordings in the exhibition halls. Under no circumstances may photographic or other images or recordings be made of exhibitors’ stands. In case of infringement, D&D may demand that the recorded material be surrendered and take legal steps to achieve this end.
- D&D is entitled to have photographs, drawings, films and video recordings made of the Fair and events related to the Fair, of stands and exhibits, and to use them for advertising or general press publications. This shall also apply to images of the Visitor and other persons recorded in such occasion.
- Visitor is obliged to respect third party intellectual property rights.
- D&D shall not be liable for slight negligence or negligence, of its corporate agents, legal representatives, employees or other servants and/or for any damages or losses suffered by the Visitor in occasion of or related to his visit to the Fair. The limitation of liability shall not apply (i) in case of wilful misconduct or gross negligence and (ii) for any injury to life, body and health caused by D&D, its corporate agents, legal representatives, employees or other servants.
- The personal data, in particular the name and contact details of the Visitor are collected and processed by D&D for the purpose of verification and identification of the Visitor and the validation of the Fair pass. The data is reproduced by a QR-code on the Fair pass. The Visitor remains solely responsible for the data reported in the QR-code and potential loss or misappropriation by third parties.
- Should one or more provisions of these General Terms be determined to be illegal or impracticable, this shall not affect the effectiveness and validity of the other provisions. In such a case, the invalid or impracticable provision shall be replaced by a valid and practical provision that matches the intended economic purpose of this invalid or impracticable provision as closely as possible. The same shall apply mutatis mutandis in the event of any loophole in these General Terms.