10.1.Civil liability:
The Organiser will not be responsible for any damage that the Exhibitor might cause to third parties, including the manager or the owner of the Site hosting the Show.
Consequently, the Exhibitor will, at least ten (10) days before the scheduled Show set-up date, take out insurance contracts with insurance companies certified to perform insurance transactions in France, covering the financial consequences of any liability that may be incumbent upon it for reasons of bodily harm or material or immaterial damage caused to third parties, including the manager and the owner of the Site, as a result of its activity during its participation in the Show (including during the set-up and break-down periods). The Show mainly organised for products exhibition and not for Exhibitor individual and physical participation or attendance to the Show.
At the Organiser’s first request, the Exhibitor will supply the corresponding current certificate from its insurer, stating the policies taken out, their total sums and their period of validity. Failing this, the Organiser reserves the right to refuse the Exhibitor’s access to the Show, without compensation.
10.2.Tenant risk and the Exhibitor’s property
Furthermore, the Organiser will not be responsible for:
>property damage caused to the Site’s manager and/or owner, affecting personal or real property, in the event of the occurrence of any of the following events: fire, lightning, explosion, water damage, terrorist attack or natural catastrophe.
>damage caused to property owned by the Exhibitor or placed in its care.
Consequently, in order to meet the requirements of the company managing the Site, the Organiser will automatically invoice the Exhibitor for the tenant risk / property damage insurance taken out by Hopico Assurances, under the conditions set out in point 10.3 below.
As applicable, if the Exhibitor can provide proof of its subscription to a tenant risk policy by sending the “certificate of insurance” form to the Organiser at least 10 days before the Show’s set-up begins, duly signed and bearing its insurance company’s stamp and stating the benefits provided with a minimum of €3,000,000 per claim, the aforementioned tenant risk / property damage insurance will be cancelled and refunded in full, if already paid. By returning that certificate and requesting the cancellation and, if applicable, the refund of the amount invoiced by the Organiser in the name of tenant risk / property damage insurance, the Exhibitor will no longer receive either form of cover making up the Organiser’s insurance policy.
10.3.Insurance provided by the Organiser:
a)Insurance covering tenant risk and the Exhibitors’ property:
The insurance contract taken out by HOPICO ASSURANCES on behalf of the Exhibitors covers both:
>property damage caused to the Site’s manager and/or owner, affecting personal or real property, in the event of the occurrence of any of the following events: fire, lightning, explosion, water damage, terrorist attack or natural catastrophe, up to
€3,000,000 per claim,
>damage to the Exhibitor’s property.
The amount of cover is specified in the Insurance Rules appended to the application form and is also accessible on the Show website, subject to any changes to the insurance conditions.
By taking the insurance, as detailed in the said Insurance Rules, the Exhibitor is taking insurance with HOPICO ASSURANCES, who is the subscriber.
b)Supplementary insurance cover for the Exhibitor’s property:
The Exhibitor may also submit a request to the Organiser to subscribe to insurance for:
> property damage: additional insurance on top of the amounts covered by the principal policy with payment of a premium calculated on the additional capital value,
> plasma screens: a specific insurance policy must be taken out.
10.4.Waiver of all recourse
a)Against the Site manager and/or Site owner company:
Executing the commitments undertaken by the Organiser towards the Site manager and/or Site owner company the Exhibitor, by the mere fact of its participation, declares that it waives all recourse that it or its insurers may be entitled to make against these companies and their respective insurers for any damage covered by the tenant risk policy and for any direct or indirect losses the latter parties may cause to its property, equipment and fittings as well as any caused to that of its agents, and additionally for any operating losses and/or extra costs regardless of the cause, with the exception of malicious acts.
In addition, the Exhibitor declares it waives all recourse against the Site manager and/or Site owner companies and their respective insurers in the case of one of the following events occurring, with harm caused to the Exhibitor:
>fire damage, theft, water damage, damp or any other situation affecting its own property, with the Exhibitor being required to insure itself against these risks,
>abnormal actions by other Site occupants, their staff or suppliers, or visitors,
>interruption or inadvertent functioning of the water, gas or electricity supply, the air conditioning or other general system, the suspension or shut-down, even for an extended period, for a reason out of the control of the Site manager and/or Site owner companies of fluid systems including the automatic fire extinguisher network, heating and air conditioning systems, or any one of the equipment items shared by the Site,
>contamination of the heating, water or air conditioning networks for a reason out of the control of the Site manager and/or Site owner companies,
>security measures taken by the Site manager and/or Site owner companies and/or by any government authority, should these cause harm to the Exhibitor.
The Exhibitor undertakes to obtain the same waiver from its insurers.
b)Against the Organiser:
The Exhibitor also declares it waives all recourse that it or its insurers may be entitled to make against the Organiser and its insurers in regard to damage covered by the tenant risk policy and direct or indirect damage its property, equipment and fittings may suffer as well as that of its agents, as well as for any operating losses and/or extra costs regardless of the cause, with the exception of malicious acts.
The Exhibitor undertakes to obtain the same waiver from its insurers.
It is further specified that, on the basis of reciprocity and excepting malicious acts, the Organiser and its insurer waive any claim against the Exhibitor and its insurer for damage affecting any property, equipment and fittings belonging to the Organiser and which the Exhibitor is responsible for. It is further specified that this waiver is not applicable for any loss or damage that may affect the Site’s buildings, fittings and equipment owned by the Site manager and/or Site owner company and that has been given into the care of the Exhibitor.