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12-15 March 2019
MIPIM - The world's leading property market
12-15 March 2019 - Palais des Festivals, Cannes, France
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MIPIM - Rules
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Accédez au règlement du MIPIM en français
1. General provisions
The provisions of these Rules (the “Rules”) shall apply to any individual or legal entity (such as exhibitors, sponsors, visitors, speakers, journalists, advertisers and service providers) (the “Participants”), who requests admission or is invited to the professional events organised by Reed MIDEM, a French société par actions simplifiée (simplified limited company) with share capital of €310,000, having registered office located at 27/33 Quai Alphonse Le Gallo, 92100 Boulogne Billancourt, France, and registered with the Nanterre Trade and Companies Register under number 662 003 557 (the “Organiser”).
These Rules shall also apply to any other parties who contract with the Organiser. Where applicable, the goods and services proposed by the Participants at the event (the “Event”) shall be offered only to meet the requirements of any individual or legal entity whose business activities are directly related to the sector promoted by the Event, as defined in the participation contract. The Organiser reserves the right to refuse to contract with any person whose business is not directly related to the sector promoted by the Event or on any other reasonable grounds, such as a dispute, etc.
2. Acceptance of Contract Documents
Signature of any participation contracts and/or any admission to the Event shall be deemed the Participant’s total and complete agreement with and acceptance of the provisions of these Rules, the relevant participation contracts, the Code of Conduct, the specifications of the operator of the Event Venue operator (the event venue being defined as the venue where the Event takes place as indicated in the participation contract or such any other venue as the Organiser may decide, the “Event Venue”) and, in the case of Exhibitors (an "Exhibitor" is defined as any Participant who rents a stand and/or assigned location at the Event), the Exhibitors' Technical Manual and the insurance policies that the Organiser takes out on behalf of the Exhibitors (hereinafter, collectively, the “Contract Documents”), all of which may be downloaded directly from the Event’s website.
Accordingly, the Participant undertakes to comply with the Contract Documents, as well as with any health and safety measures which may be imposed by the relevant public authorities, the operator of the exhibition space and/or the Organiser and to cause its employees and service providers to comply therewith.
No amendments or reservations may be made by the Participant to the Contract Documents in any manner whatsoever.
3. Amendments to and priority of these Rules
The Organiser reserves the right to decide on all matters not covered by these Rules and to add new, immediately applicable provisions to cover such matters and any matters not otherwise dealt with by the general regulations governing commercial events which are posted on the www.unimev.fr website. The Organiser shall notify the Participants thereof as necessary.
These Rules shall prevail over any other terms that Participants may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. In the event of a discrepancy between the French and any other translated versions of the Regulations, the French version shall prevail.
4. Postponement or cancellation of events
Until the date on which registration closes, Participants shall assume all risks associated with the non-occurrence of the Event and, in particular, they alone shall bear costs they may have chosen to incur in anticipation of the Event.
However, in the case of cancellation of the Event, Participants may be refunded any amounts paid prior to the cancellation. In the case of cancellation because of a force majeure event, as set out in clause “Limitation of liability and Force Majeure” below, Participants shall be refunded an amount equal to sums already paid less direct costs incurred by the Organiser in order to organise the Event, i.e. the costs and expenses (inclusive of any non-recoverable VAT or any other equivalent tax on sales) properly attributable to the hire of the Venue, the management, promotion (including all publicity campaigns) and operation of the Event (the “Direct Costs”).
If the Event is postponed, the amount of the deposit or participation fee paid by Participant shall be carried over in view of their participation in the new Event.
5. Admission requirements
Persons under the age of 18 may not be admitted to the Event, except with the Organiser’s prior written authorisation.
The Organiser reserves the right to refuse entry to or to have expelled, temporarily or permanently, any Participant whose presence, conduct or behaviour threatens the image, peace or safety of the Event and/or of the other Participants and/or of the Organiser and/or the integrity of the site. In such case, the Participant shall be reimbursed the share of sums already paid on a pro rata basis according to the remaining period of the Event.
To gain admission to the Event Participants must show an admission pass, which the Organiser shall issue free of charge or for consideration in accordance with its own procedures. The distribution, reproduction or sale of admission passes in order for any person other than the Participant to derive a profit therefrom is strictly forbidden and may be liable to prosecution.
Due to the international nature of the Event, Participants shall:
• Ensure that their participation is neutral in terms of political, ideological or religious expression;
• Not create disturbances (visual, audial, olfactory or of any other nature) to the organisation of the Event, the other Participants, whether or not in neighbouring stands, or the public, either at their stand, in the advertising space assigned to them within the venue or in the vicinity of the Event.
Otherwise, the Organiser reserves the right to impose penalties, including refusing admission to the Event.
6. Accreditation of Participants’ employees
Participants may accredit only their full-time employees from a single establishment, in a single country. The Organiser may at any time request documentary evidence thereof.
In the event a Participant accredits any person who does not meet the foregoing requirements, they shall be required to pay the registration fee applicable to visitors, as specified in the participation contract.
7. Advertising
The Organiser reserves the exclusive right to post advertising and other marketing materials and operate promotions in the venue where the Event is held and in the immediate surrounding area.
All forms of advertising are strictly forbidden, with the exception of advertising that uses the media defined below, the advertising spaces that the Organiser assigns and the advertising materials displayed within the Exhibitor’s stand. In the event of non-compliance with these requirements, the Organiser may remove such advertising at any time without prior notice.
Participants shall not in any form whatsoever display products or services or advertise companies or businesses that are not Participants, without the Organiser’s prior written authorisation.
Furthermore, the distribution of leaflets, brochures, flyers or documents of any type for promotional or any other purposes is strictly limited within the Event venue and the immediate surrounding area and is subject to the Organiser’s prior authorisation. Participants shall not, in any manner whatsoever, advertise any practitioner or establishment that is a member of a regulated profession for which the national and official organisation that represents the profession prohibits advertising.
8. Sponsoring
Certain of the Organiser’s events may be sponsored by Participants pursuant to the terms and conditions set forth in the relevant participation contract which specifies the characteristics of the event. Unless otherwise stated, such sponsorships are non-exclusive.
In the event that more than one Participant sponsors the same event, the Organiser shall promote the Participants in proportion to their respective contributions. The Organiser reserves the right in its absolute discretion to modify the characteristics of the event or to require the Participants to modify the materials intended to be distributed, in particular due to legal requirements and/or for reasons related to the general organisation of the Event and/or, more broadly, in the interest of all Participants. The Organiser shall do its utmost to notify the Participants in question beforehand, except in the event of pressing needs exempting the Organiser of such.
9. Photography and filming (audio and video)
The Organiser may prohibit the taking of photographs and/or the making of audio and video recordings by Participants who have not received accreditation from the Organiser for such purpose. Only photographers / cameramen who have received written authorisation from the Organiser for such purpose shall be allowed to operate within the Event venue. A copy of their photographic prints and/or audio and video recordings shall be provided to the Organiser upon request.
Unless Participants expressly refuse consent in advance, Participants authorise, free of charge, the Organiser and its partners to photograph and/or record the voice and image of the Participant(s), the stands or specific articles displayed within stands, distribute said photos and/or recordings to third parties and to communicate them to the public, in the whole world, which may be presented (in particular in the form of live or delayed broadcasting), reproduced without limit as to the number of reproductions and published, in the whole world, for a period of five (5) years, in any format, using any method or process known or unknown at this time, in whole or in part, on all tangible or intangible media known or unknown at this time, including, in particular, the internet (the websites of the Organiser and its partners and social networks), and on any other promotional or marketing tool it may use for information or promotional purposes.
10. Unfair competition and parasitic business practices
Participants formally undertake not to engage in activities that are identical or similar to those conducted in the Event venue (notably to participate in any meeting with professionals not registered to the Event), the immediate surrounding area or in any other exhibition area that the Organiser may designate, in particular, in places such as hotels or other sites external to said Event, during the period of the Event.
Accordingly, Participants in particular undertake not to directly or indirectly draw any other Participant away from any exhibition area for the purpose of presenting any of its products and/or services that are within the scope of the Event.
The Organiser reserves the right to have any breach of this provision evidenced by any witness sworn officer, to have the relevant Participant pay the costs associated therewith and to initiate any legal action enabling it to assert its rights.
11. Accommodation
The Organiser may enter into agreements with hotels, travel agencies and estate agents in order to assist Participants to the extent possible and under the best possible conditions, in finding accommodation or travel. However, this does not constitute an endorsement from the Organiser of any particular accommodation/travel provider or obligation on the part of the Organiser and the Organiser shall not be liable with respect to travel, hotel reservations and/or accommodations selected.
12. Assignment and distribution of locations
The Organiser shall determine the Event layout and assign locations. The Organiser shall endeavour to take into account Exhibitors’ requests, the nature of the products and services they plan to exhibit and the arrangement of the stand and/or assigned location they plan to install in accordance with the interests of the Event.
Participation in prior Event shall not entitle Exhibitors to a specific location. The Organiser shall in no event be liable to Exhibitors for any consequences that may ensue from the location assigned to them such as low foot traffic.
In the event that:
- a Participant/Exhibitor causes a disturbance or
- does not comply with the requirements of the Exhibitors’ Technical Manual, and/or
- in order to ensure the best possible presentation of the event in the interests of all Participants,
the Organiser reserves the right to modify, at any time and as often as it deems necessary, the use of the areas requested by Exhibitors, the location of stands or the decoration thereof. The Organiser shall use its reasonable endeavours to give those Exhibitors affected prior notice of its actions except in the event of a pressing need in which case the Organiser shall not be required to give prior notice.
13. Set-up, installation and decoration, break-down
Exhibitors and any person duly appointed to represent them undertake to (i) familiarise themselves with the Exhibitors’ Technical Manual and the specifications of the operator of the exhibition space in effect and comply therewith, (ii) comply with the safety measures imposed by applicable laws and regulations during set-up, break-down and throughout the Event, and (iii) be present at their stand and/or assigned location, solely for reasons related to set-up and break-down, as well as during the inspection by the teams responsible for ensuring compliance with safety standards.
Subject to the provisions of the Contract Documents, the event’s accident prevention plan, the Exhibitor’s specific prevention plan and consistent with the overall decoration of the Event, Exhibitors are free to fit out and decorate their stand, provided they do not hinder the visibility of safety signs and equipment or of nearby stands. In case of materials or installations deemed non-compliant to the Contract Documents, the Organiser reserves the right, at any time and at the Exhibitor’s expense, to prohibit the use of the stand and/or assigned location, to suspend the use of water and electricity or to have removed or to destroy any materials or installations deemed non-compliant.
14. Manning the stand and/or assigned location
Exhibitors shall at all times maintain sufficient staff at their stand and/or assigned location and keep it fully equipped during the entire duration of the Event, including if the duration of the Event is extended.
Exhibitors shall display products and/or services that comply with French and European laws and regulations and that originate from lawful activities and shall obtain all authorisations necessary to conduct their business at the Event. Products and/or services shall be displayed only within the stand, shall not encroach on the aisles and shall in no event inconvenience nearby Exhibitors or any Participant or personnel or representative of the Organiser or the Event operator. Materials and products and/or services shall be arranged in an aesthetic manner. Take-away sales or sales in which goods are immediately delivered to the buyer are forbidden, except with the Organiser’s prior written authorisation.
Events held at the stand and/or assigned location such as: attractions, shows, events etc. shall require the Organiser’s prior authorisation.
15. Damage and repairs
Exhibitors shall be liable for all damage they cause to their stand and/or assigned location. Accordingly, Exhibitors shall leave their stand and/or assigned location, as well as any equipment and materials supplied by the Organiser, in their original condition at the time they take possession of their stand and/or assigned location. Therefore, at the time they take possession of their stand and/or assigned location, Exhibitors shall have any existing damage evidenced and forward such evidence by email, on the same day, to the Organiser’s technical department. Otherwise, Exhibitors risk being invoiced for such damage.
The Exhibitors shall vacate its stand and/or assigned location and remove their goods, articles and specific decorations, as well as any residual waste from materials used to decorate stands, within the deadlines and during the hours specified by the Organiser and in compliance with local laws, regulations and practices concerning waste. If it fails to comply with such deadlines, the Exhibitor shall be liable for any expenses incurred as a result of its non-compliance with these instructions as well as for any damage caused by the Exhibitor.
16. Assignment and subletting of assigned locations
Participants are expressly forbidden from assigning, subletting or exchanging, free of charge or for consideration, all or any part of the locations assigned by the Organiser, including stands and advertising spaces.
However, more than one Exhibitor may be allowed to exhibit jointly provided they have submitted a prior request to the Organiser and the Organiser has approved the same.
17. Price and payment procedures
The participation fee and ancillary costs payable by the Participant (i) and the payment procedures and time periods (ii) are unilaterally specified by the Organiser in this contract, which the Participant expressly accepts. Depending on the signature date of the participation contract, the first payment shall be equal to amounts already due on the relevant date.
The Organiser does not apply any commercial discount, rebate or reduction policies, and Participants shall not be granted any discount in the event of payment before the due date.
An additional invoice shall be issued for any service Participants may order that is not specified in the relevant participation contract.
18. Late payment or non-payment
In accordance with Article L. 441.6 of the French Commercial Code (Code de Commerce), in the event of late payment, the Participant shall be liable for late payment penalties calculated at three (3) times the legal interest rate, as from the day following the payment date shown in the participation contract and on the invoice and of a flat compensation for recovery costs in the amount of 40 euros, it being specified that if the exposed recovery costs are superior to 40 euros, the Organiser may ask for supplementary compensation, with justificatory documents. This provision shall not be deemed a grant of an extension of time to make payment.
A Participant’s failure to comply with the Article “Price and payment procedures” clause shall automatically cause the amount of the participation fee to become immediately due and payable and/or shall entitle the Organiser to suspend performance of services, in particular access to the online community and/or the Event, and/or to reassign the stand’s location to another Participant.
If and when the issue giving rise to the suspension has been resolved, at the Organiser’s discretion, the Participant may be offered a substitute alternative solution.
Failure to pay the price in full shall preclude the Participant from registering for any future Event of the Organiser.
19. Cancellation of participation
Participants shall have no right to withdraw from, cancel or otherwise terminate a participation contract for any reason whatsoever, such participation contract being final and irrevocable. The application of articles 1195 and 1120 of the French Civil Code (code civil) is expressly excluded, which the Participant accepts. The entire amount of the participation fee shall be owed less direct costs in the following cases:
• The Exhibitor is not present at its stand 24 hours before the beginning of the Event, for any reason whatsoever. The Organiser may deem such default a cancellation of the Exhibitor’s participation and shall be free to make other arrangements with respect to the stand’s location, in which case the Exhibitor shall not be entitled to claim any refund or compensation;
• The Participant purports to cancel its reservation on any date whatsoever and for any reason whatsoever;
• At the time of its registration, the Participant provides information that is false, erroneous or becomes inaccurate and, as a result thereof, it is refused admission to the Event;
This clause shall not apply upon the occurrence of a force majeure event”, as defined by clause “Limitation of liability and Force Majeure below which, if proved, shall entitle the Exhibitor to a refund of all amounts paid less direct costs.
20. Intellectual property
The Participant warrants the Organiser that it or its licensors own all intellectual property rights in and to the content defined below and in the materials exhibited, or that it holds the authorisations necessary to display and/or distribute them in connection with the Event.
To ensure the complete transparency of the event, at the Organiser’s request, the Participant shall provide all catalogues and/or brochures, or the media containing them, related to the products and rights it offers.
The Participant shall inform the Organiser in writing if it plans to broadcast music at its stand and/or assigned location and/or in its advertising space, and shall file all required reports, in particular (but without limitation), with the SACEM (the French, Performing Rights Society) and/or other, relevant regulatory body and make the payments associated therewith.
The Participant shall indemnify and hold the Organiser harmless in the event of any recourse on the grounds of non-compliance with these obligations contained in this clause.
21. Organiser’s media and content
During the Event, the Organiser shall provide the Participants with media such as printed supports, databases, websites and all other supports specific to the Event (hereinafter, the “Organiser’s Media” or “Media”). The Organiser is the owner and publisher of this Media which it publishes and distributes, with the exception of the content published by Participants via the online community that the Organiser hosts.
This Media is protected and the Participant shall therefore not use it in any manner whatsoever without the Organiser’s prior written agreement.
•