Member Discussion

ISC West - Class Action Lawsuit To Force Cancellation And Exhibitor Refunds?

It is always preferred that companies and individuals attempt to resolve their differences, without seeking the relief from the courts.

In this case however, Reed Exhibitions has decided to exercise unbelievable "strong-arm" tactics by saying; we don't care how difficult the times are for everyone in our industry, we are moving forward with our rescheduled conference in July. If our exhibitors (customers) cannot attend for whatever reason, we are keeping your money... No Refunds!

We all know that this position is morally and ethically wrong but, does it rise to the level of being a valid legal case?

I would like to see a poll of exhibitors to find out who would sign on to a class action lawsuit, if initiated to force Reed Exhibitions to to cancel ISC West and refund exhibitors money.

Any/all comments, for and against are welcome.


I added a poll for manufacturers only.

I think the reality is they are going to have to cancel. Hopefully, things will be unlocked by July but it's hard to imagine most will be anywhere close to back to normal.

The interesting thing will be once/if they cancel, what they offer back to people, full refunds? partial refunds or credits for next year?

Thanks John,

A full refund would be the right thing to do.

Many Exhibitors, large and small could benefit from having the cash back in the bank to help with business operational expenses and to help ensure all of their employees are kept and fully paid.

We're fortunate that we are financially able to keep all of our employees fully employed regardless however, as IPVM has already reported, it has already been very difficult for many companies.

The "Shutdown" has been what..., less than three weeks? The mandatory closures are likely to continue another 4-6 weeks minimum and even then, we are not going to suddenly wake up one morning to normal, whatever that will look like?

Hopefully we (collectively) can influence or "persuade" Reed Exhibitions to do the right thing!

37. Force Majeure. If the Venue shall become, in the sole discretion of Management,
unfit for occupancy, or the holding of the Exhibition or the performance of Management
under the License Agreement are interfered with by virtue of a Force Majeure (as
defined below), the License Agreement and/or the Exhibition (or any part thereof) may
be terminated by Management or the Exhibition (or any part thereof) may be postponed
and/or re-located by Management. Management shall not be responsible for delays,
damage, loss, increased costs or other unfavorable conditions arising by virtue of Force
Majeure. A “Force Majeure” shall include, but not be limited to: fire; casualty; flood;
epidemic; World Health Organization travel advisory or travel alert; earthquake;
explosion or accident; blockade embargo; inclement weather; governmental restraints;
restraints or orders of civil defense or military authorities; act of public enemy; riot or
civil disturbance; act or threatened act of terrorism, strike, lockout, boycott or other
labor disturbance; Venue cancellation, inability to secure sufficient labor; technical or
other personnel failure; impairment or lack of adequate transportation facilities; inability
to obtain condemnation, requisition or commandeering of necessary supplies or
equipment; local, state or federal laws, ordinances, rules, orders, decrees or regulations
whether legislative, executive or judicial, and whether constitutional or unconstitutional;
or acts of God or any other cause or causes not reasonably within the control of
Management.


Termination of License Agreement and/or Exhibition. If Management terminates the
License Agreement and/or the Exhibition (or any part thereof) as a result of a Force Majeure, then Management may retain such part of the License fee as shall be
required to recompense it for expenses incurred up to the time such contingency shall
have occurred, and there shall be no further liability on the part of either party.
Management shall not be liable for any costs, damages, fees or expenses of Exhibitor
as a result of such termination.


Postponement; Relocation. If Management postpones and/or relocates the Exhibition
(or any part thereof) as a result of a Force Majeure, then Management shall be entitled
to retain the portion of the License fee paid to date and said amount shall be applied
to the Exhibition as though no postponement and/or re- location of Venue had
occurred. Any remaining payments from Exhibitor shall be due in accordance with Page
1. If Exhibitor cancels participation because Management postpones and/or re-locates
the Exhibition, Exhibitor shall be subject to liquidated damages as shown for
Cancel/Withdraw on Page 1. Further, Management shall not be liable for any costs,
damages, fees or expenses of Exhibitor as a result of such postponement and/or relocation

So what manufacturer's team of lawyers is going to take on the Force Majeure clause of this agreement, if not for what happened this time around, but at least for future events?

We're so used to Force Majeure clauses being in most every reseller, distribution, or dealer agreement, that no one really ever (can) question its inclusion in the agreements. Without going back to look at any of the reseller or even NDA clauses I've signed in the past, are they all pretty much the same, i.e you're screwed if your the "emptor" of the product or service?

I guess what I was getting at in prior post was how NDA agreements for example are generally considered "Mutual" agreements, i.e. they work both ways. However, Force Majeure clauses appear to only cover one side of the equation, otherwise would no one have to pay their commercial invoices to a manufacturer, invoking a Force Majeure condition (I can't pay because the corona virus epidemic caused my business to suffer and not allow me to pay my invoice).

To all you lawyers out there (?!?). are there precedent cases of someone successfully going up against a Farce Majeure clause in an agreement?

...are there precedent cases of someone successfully going up against a Farce Majeure clause in an agreement?

was that a typo, did you mean Farce Manure?

LOL ... yes ... do you need a job as a proof reader? Hired!

I don't think litigation will get anyone anywhere, it will only benefit the lawyers . I'm sure Reed has a competent legal team that will drag this on and on, if you are lucky, you will get a court order in 3 years giving you a refund.

the only recourse exhibitors have is to vote with their legs and stay away from the show. if you call your reed account manager and tell them you are disappointed and won't come for the next 3 years, you will probably have a better chance of getting them to show you some good will. especially if you are a big client.

I think their major problem is communication. you should at least try to get them to communicate with you openly and tell you what their problems are and what they can do.

if Reed came to you and said, "I'd love to pay you back, but I dont have the money since I spent most of it on preshow activities that already happened, I can only offer a partial refund " would you accept it?

That is my thought. Does Reed actually have the funds to refund? I am sure they had to put down a deposit on the expo center, they may still have had to pay Sands the full fee, etc.

And from a Manufacturers standpoint, how important is ISC? If they opt to file a lawsuit, do they expect to go back to ISC again?

On the other hand, I did not realize how big Reed is.

It looks like they have a show still scheduled for this week in China.

Events | Reed Exhibitions

Are they allowing the 2020 fees to be credited to 2021 as they did before they postponed from March to July or are they just refusing refunds?

They are refusing refunds and generally stating no credits for 2021 though a few manufacturers said that their Reed salespeople were offering credits to roll over to 2021.

Giving full credit for 2021 is fair for both parties, but that wasn't part of the poll, so I voted for a refund.

Manufacturers are paying customers of Reed Exhibitions.

We did sign a contract/agreement and we paid a significant amount of money to have a venue for our respective businesses and to an opportunity to see our customers and prospects. This agreement was based on a specific date, time and place.

While it is beyond Reed's control that the event had to cancel, the new dates are simply impossible for many of the exhibitors. Financially, schedule wise or for whatever reason, many would never have agreed to July 20-22!

Additionally, an internal poll of our partners (customers) and prospects has 85% of those who were attending in March, now saying they do not plan to attend in July!

If Reed were to email and ask attendees to re-register for July, I'm confident they would see a dismal number of registrations. Don't hold your breath however, as I don't expect them to do this either. They will promote ISC West 2020 July as having xx,xxx attendees registered.

I simply cannot believe that most exhibitors are willing simply shrug their shoulders, rollover and through their money away?

Individually, we have very little or no power to influence how this event is handled. Collectively, I know we can change the outcome!

Come'on - Turn up the heat now, in April before it is too late!

many manufacturers left ASIS and IFSEC since they no longer see value in it, without any epidemics.

if you dont see value in ISC anymore, or dislike their attitude, leave, there are other alternatives. this will send a clear message to SIA and Reed.

They just pushed the date out again. October 5-8.

Dear Valued ISC West Exhibitors,

We are writing today to provide updated information regarding ISC West 2020. ISC West, in collaboration with premier sponsor SIA, is rescheduling the ISC West 2020 event to take place October 5-8 at Sands Expo in Las Vegas (SIA Education@ISC: October 5-7 | Exhibit Hall: October 6-8). On March 6th, ISC West announced the postponement of the 2020 edition to July 20-22. Given the continually evolving COVID-19 pandemic and stay at home guidelines, the July dates are no longer viable.

“Considering the escalation of COVID-19, travel and social distancing restrictions, and the economic impact over the past five weeks across the United States and the world, it is necessary to reschedule the event to October,” said Will Wise, Reed Exhibitions Group Vice President.

“Working closely with the Sands Expo, we were committed to pursuing the best opportunity for ISC West to facilitate the conduct of business, education and peer-to-peer engaged platforms. Holding the event 6 months from now in October will offer the best scenario to support the security and public safety industry, in addition to the Las Vegas community. It is an unprecedented time, and we appreciate how the community is adapting, adjusting and rallying,” added Wise.

The event will now take place October 5-8 at Sands Expo in Las Vegas, with the following schedule highlights:

· The SIA Education@ISC West Conference Program will kick off one day prior to Exhibit Hall opening per usual on Monday, October 5 and run through Wednesday, October 7. SIA Committee Meetings and the SIA Market Leaders Reception will also take place on Monday, October 5.

· The ISC West Exhibit Hall will be open starting Tuesday, October 6 through Thursday, October 8 with our standard operational hours.

· The ISC West Keynote Series (stay tuned for updates!) will take place Tuesday, October 6 and Wednesday, October 7, with the SIA Women in Security Forum Breakfast event taking place on the final day of ISC West on Thursday, October 8.

· The ISC West team will be consulting closely with its extensive roster of exhibitors to optimize their success and to provide support, along with SIA’s ongoing advocacy and leadership for the entire security ecosystem. As a friendly reminder, the deadline to remove any freight that you may still have in storage with Freeman before incurring additional charges is this coming Wednesday, April 15. We ask that you work with Freeman directly and contact them at FreemanLasVegasES@freemanco.com or call 702-579-1700 for any additional questions.

· Among the ISC West primary exhibitors base of 800 companies, approximately 14% are currently also slated to exhibit at the Global Security Exchange (GSX/ASIS Intl.) event, taking place September 21-23 in Atlanta. To help provide and invest in operational support and logistics for these customers, Reed Exhibitions will be providing complimentary caravan / freight transportation shipping services from Atlanta to Las Vegas, to help alleviate any additional planning and logistics stresses during this time.

“Our industry is essential to the safety and security of our communities, infrastructure and businesses. This is going to be a very tough year for people everywhere, and the sooner we can get some clarity on the new normal and provide solutions relevant to our situation, the better,” said Pierre Trapanese, SIA Chairman and CEO, Northland Controls. “Our mission is to be a catalyst for success within the global security industry. We look forward to ISC West Fall 2020 providing a forum from which everyone in our industry can begin to re-establish ties with each other and work toward succeeding in this new environment.”

In the meantime, ISC West will continue to provide additional resources and platforms where the industry can unite, encourage and support each other. We invite you to follow us on Facebook, Twitter, LinkedIn, and Instagram, to participate in positive conversational threads, as well as download the ISC West Mobile App, where we are now offering additional features for registered attendees and booked exhibitors including a Social Wall to post your latest technologies and uncover new connections, and a Network & Chat feature, which we hope will serve as a place for sharing content, inspiration, and engagement.

“We appreciate the resilience, vigilance and togetherness of our ISC community of security and public safety professionals, speakers, exhibitors, and media supporters. Our team is looking forward to immersing ourselves in the planning for the October event, along with providing digital engagement and sharing as we all prepare to gather face-to-face again in the Fall,” said Mary Beth Shaughnessy, ISC Event Director.

“And, as we all focus on building a bridge together to a brighter future with economic recovery and momentum for 2021, we have lots of strategic planning underway for ISC East, occurring in NYC November 18-19, 2020, to uplift and support the Tri-State area, as well as ISC West 2021 taking place March 23-26 in Las Vegas again,” said Shaughnessy.

For the most up-to-date information regarding our ISC West exhibiting contract policies consultation for our October event, please contact your main ISC Show Management contact. For any questions regarding your storage with Freeman and the upcoming Wednesday, April 15 deadline, we ask that you work with Freeman directly and contact them at FreemanLasVegasES@freemanco.com or call 702-579-1700 for any additional questions.

Sincerely,

The ISC Security Events Team

I just got an update from ISC. Looks like the show has been moved to October.

Looks like the show has been moved to October...

ISC East is gonna be pissed ;)

Wow here we go...

This new schedule now puts ISC West 2020 exactly 2-weeks to the day, after GSX 2020 in Atlanta!

John, how about another poll for exhibitors and, one for integrators and others:

Which upcoming event will you and your company participate in:

ISC West 2020 - Las Vegas

GSX 2020 - Atlanta Georgia

Both ISC West and GSX

It will be interesting to know what others think?

One more thought... Logistically manufacturers will incur additional expense attempting to have their booth disassembled at GSX in Atlanta and trucked to Las Vegas in time. No one would be able make the advance warehouse requirements so, all of these booths would need to go directly to the show floor at the Sands, at an extra handling fee of course.

So, unless manufacturers have two booths one or both of these shows will suffer a lack of participation. Maybe that is why Reed picked this date, to step on GSX as much as possible?0 Ten again, maybe that didn't even think about that. (yeah right!)

Reed is offering to pay to move your booth from Atlanta to Las Vegas for free. Interesting idea.

New article: The SIA Board Strongly Supports ISC West October 2020

Amidst all of your complaints, SIA and the SIA board is full speed ahead on the October 2020 show.