1. CONTRACT: This Application, Properly Executed by applicant (Exhibitor), shall, upon acceptance by RedLine XPO, LLC (herein after called Show Management), constitutes a valid and binding contract.
2. ASSIGNMENT OF SPACE: It is understood by Exhibitor that space will be assigned to Exhibitor by Show Management at Show Management’s sole discretion.
Notification of space assignment shall be communicated to Exhibitor. After assignment, space location may not be changed, transferred or canceled except on written request and with the subsequent written approval of Show Management. Space assignments may be revoked or changed by Show Management if Exhibitor fails to meet payment deadlines. The size and location of Exhibitor’s space may, at Show Management’s election, differ from show to show. Notwithstanding the aforementioned, Show Management reserves the right to relocate Exhibitor. Show Management will make reasonable effort to notify Exhibitor by phone, fax, e-mail and/or mail of such relocation.
Show Management assumes no responsibility whatsoever for Exhibitor’s goods, products or fixtures before, during or after the show.
In assigning exhibit space, Show Management shall carefully consider and at its sole discretion weigh collectively such factors (NOTE--factors are not presented in priority order nor to be construed to be weighed or prioritize) as:
A. The size of exhibit space requested versus the overall space available for allocation to eligible exhibitors;
B. The need to accommodate and encourage the introduction of new products for the buyer’s benefit;
C. The quality and creativity of the product displays;
D. The continuity and length of an Exhibitor’s previous exhibit activity;
E. The size and shape of the space needs as it relates to the effective display of an applicant’s products for the convenience and benefit of the buyers;
F. The Exhibitor’s commitment to aggressively promote buyer attendance both independently and in cooperation with Show Management; and
G. The need to balance traffic and promote buyer activity in all exhibit areas.
3. PAYMENT OF FEES: A minimum deposit of fifty percent (50%) per booth is required by Show Management no later than the deposit due date specified on the space application, which, upon acceptance, shall be non-refundable except under conditions stated below in Section 4. The balance will be due on the final balance due date specified on the space application. Acceptance of deposited fees does not guarantee exhibit space in the show. There will be a twenty-dollar ($20) service charge for all checks returned by the bank.
4. REFUND POLICY: Policy for written cancellations will be governed as follows (effective date of cancellation is upon receipt by Show Management): A cancellation fee of 50% of total exhibition space will be applied for cancellations 90 days or more prior to the show. A cancellation fee of 100% of total exhibition space will be applied for cancellations less than 90 days prior to the show. Exhibit space assignment cannot be made without required payment. Exhibit space reservation cannot be guaranteed if payment schedule is not maintained.
5. INTERNATIONAL COMPANIES: International companies requiring a Visa/Invitation letter must purchase a minimum of one 10x10 Booth. Show Management's refund policy will apply to all International companies. In the event however, that your company or any personnel from your company’s request for a Visa is denied you will NOT be issued a refund for any fees paid to Show Management. It will be at the total discretion of Show Management whether or not to apply any fees to future shows. Payments made by wire transfer will be charged a $50 wire transfer fee.
6. DEFAULT: Failure on the part of Exhibitor to meet payment deadlines as required herein shall entitle Show Management, at its election, to terminate this contract and retain all fees previously paid to Show Management. It is further understood that in the event of cancellation by Exhibitor, Show Management shall, at its discretion, reassign exhibit space assigned to Exhibitor without any obligation of refund to Exhibitor, except as provided above in Section 4. Show Management reserves the right to prohibit, close, correct, remove or eliminate any exhibit or display or any part thereof including signs, printed matter, souvenirs, visuals and catalogs or any conduct, action and/or noise. Show Management’s rights as set forth above include, without limitation, the cancellation of this lease, the closing of Exhibitor’s exhibit or display of the Exhibitor’s merchandise. In exercising its rights under this paragraph, Exhibitor agrees that Show Management shall have no liability whatsoever to Exhibitor. Failure on the part of Exhibitor to set up booth space or fail to notify Show Management that Exhibitor cannot set up booth space by 6:00 p.m. on the last move-in day shall result in the forfeiture of exhibitor space. Show Management at its sole discretion shall attempt to contact Exhibitor prior to forfeiture of space but is not obligated to so do. In the event that Exhibitor arrives after booth space has been forfeited, Show Management shall make every reasonable attempt to reassign Exhibitor booth space within the show.
7. RULES & REGULATIONS FOR EXHIBITORS: The Exhibitor shall abide by the rules of Show Management together with any amendments thereto adopted by Show Management from time to time of which Exhibitor may receive notice. Under unusual circumstances, and at its own discretion, Show Management may also make specific exceptions to or changes in the rules without necessarily establishing a precedent or applying the modification beyond the specific case involved. Show Management shall have final authority as to the interpretation of the rules, and their application, and shall have the authority to establish penalties in the event of violations.
8. SUBLETTING PROHIBITED: Subletting, licensing or sharing of space by Exhibitor, or use of space assigned to Exhibitor by anyone other than Exhibitor, is expressly prohibited. Exhibitor shall not display signs, issue literature, exhibit or permit to be exhibited in the space allotted to it any merchandise other than specified in the exhibit contract. Violation of the terms of this paragraph will result in immediate dismissal from the current show and exclusion from participation in future shows. No refund of exhibit fees will be made.
9. SAMPLE SELLING POLICIES: In keeping with the wholesale nature and intent of the show, the sale of samples or merchandise for delivery at point of sale during the show is expressly prohibited and, therefore, no merchandise will be permitted to leave the exhibit floor. This does not apply to exhibitors that have been identified and approved by show management as immediate delivery (cash & carry) exhibitors, when exhibiting in RedLine XPO, LLC shows that have a designated area for immediate delivery/cash and carry. All booths must remain fully intact until the official close of show for the benefit of the buyers. Violations of the terms of this paragraph may result in immediate dismissal from the current show and exclusion from participation in future shows. No refund of exhibit fees will be made.
10. RELEASE & INDEMNIFICATION: If the show or any part thereof is prevented from being held, is canceled by Show Management, or the exhibit space applied for herein becomes unavailable, or if the show is forcibly canceled because of pandemic (including COVID-19), war, fire, strike, government regulation, public catastrophe, act of God, public enemy or other cause, Show Management shall either (i) refund to Exhibitor its proportionate share of the aggregate exhibit fee received from Exhibitor which remains after deducting expenses incurred by Show Management and reasonable compensation to Show Management or (ii) transferred to the next edition of the cancelled event. Neither Show Management nor any of its owners, officers, agents, employees and other representatives or advisors shall be held accountable or liable for, and the same are hereby released from accountability or liability for any damage, loss, harm or injury to the person or any property of Exhibitor or any of its officers, agents, employees or other representatives, resulting from damage, destruction, theft, fire, water, loss, accident or any other cause. Exhibitor hereby agrees to indemnify, defend, protect and hold Show Management and its owners, officers, agents, employees and other representatives or advisors harmless against any an all claims, demands, suits, liability, damages, loss, costs, attorney fees, and expenses of whatever kind or nature that might result from or arise out of any action or failure to act of Exhibitor or any of its officers, agents, employees, invitees, or other representatives. Further, by participating in the show, Exhibitor is choosing to accept and assume risks relating to COVID-19. Exhibitor hereby forever releases and waives any right to bring legal action against Show Management, or its owners, officers, directors, managers, agents, and employees in connection with exposure, infection and/or spread of COVID-19 as a result of participating in the show. Exhibitor shall defend, indemnify and hold harmless Show Management and its owners, officers, directors, managers, agents, and employees from any and all claims or causes of action for injury, harm, damage or wrongful death made by Exhibitor, or its employees or agents relating to COVID-19 exposure.
11. COMPLIANCE: The Exhibitor assumes all responsibility for compliance with all pertinent ordinances, regulations and codes of duly authorized local, state and federal governing bodies concerning fire, safety and health, together with the rules and regulations of the operators and or owners of the property wherein the show is held. It is further agreed that the Exhibitor will abide by and comply with the rules and regulations concerning local unions having jurisdiction in the property wherein the show is held or with authorized contractors employed by Show Management.
12. COMMUNICATION: You have provided your email to RedLine XPO, LLC as part of the exhibitor application process. RedLine XPO, LLC does not use customer lists for any activities not associated with our shows. Periodically, messages, containing information, updates and special offers about this or other RedLine XPO, LLC Shows will be sent to you at the email provided. Submission of this application constitutes exhibitor’s consent to receive e-mail messages from Show Management. Exhibitor will have the opportunity to be removed from these lists when/if you receive messages.
13. EXHIBITOR INSURANCE: Exhibitor is strongly urged to obtain exhibition insurance through their own insurance company to cover their personnel, exhibit material and equipment for the duration of move-in, show days, and move-out including public liability, property damage, fire and theft, etc.
14. MISCELLANEOUS: These Terms & Conditions supersede any and all previous negotiations, understandings, brochures, procedures, rules and practices that may have governed the conduct of the show. In signing this Application and Agreement, Exhibitor acknowledges that there are no representations between Show Management and the Exhibitor other than those contained in this contract. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be determined by a court of competent jurisdiction to be held illegal, invalid or unenforceable, then same shall be deemed deleted from this Agreement as if never included herein; but the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.