1. Payment and Terms
Exhibit space cost and payment terms are stated on the front of this contract, and all payments are non-refundable after May 1. In the event of total or partial cancellation (space size reduction) after May 1 by Exhibitor, the booth fee will not be reduced or refunded, and the total amount will be due. If Exhibitor fails to pay the entire booth fee at the times specified, or fails to comply with any of terms and conditions or rules and regulations. Management may reassign/resell the booth to another party. The entire booth fee must be paid in full prior to move-in of the convention.
If Exhibitor cancels or breeched this agreement for any reason whatsoever, in addition to whatever right Management may have under applicable law, any payments made by Exhibitor prior to the date of termination shall be retained by Management and Exhibitor agrees that such amounts constitute a reasonable provision for liquidated damages. Exhibitor shall also be liable for any required payments not received as of the date of cancellation or breech of this agreement If the convention is cancelled or not held for any reason whatsoever, then this agreement shall be cancelled. The exhibitor's sole and exclusive remedy shall be to receive a refund of all amounts actually paid. If, for any reason beyond Management's control (e.g., act of God, fire, or government mandate), the convention is materially curtailed, Exhibitor shall receive pro-rate refund of fees.
2. Booth Assignment
Management will attempt to make assignments in keeping with the Exhibitor's requests set forth on page one of this contract, however, Management reserves the right to make a final determination of all space assignments. Management shall have no liability for its failure or inability to comply with Exhibitor's requests, and Exhibitor shall have no right to cancel this contract because of such failure.
The Trade Show provides a showcase for goods and services either specifically designed for or customarily used by the Fire Service Industry; the exception being the Personal Marketplace exhibitors. Exhibitor may not, under any circumstances display or promote goods or services other than its own goods and services of the type described in this contract. Management reserves the right to refuse rental of space to any company whose display of goods and services is not, in the opinion of Management, compatible with the general character and objectives of the conference.
3. Exhibit content
The Trade Show provides a showcase for goods and services either specifically designed for or customarily used by the Fire Service Industry; the exception being the Personal Marketplace exhibitors. Exhibitor may not, under any circumstances display or promote goods or services other than its own goods and services of the type described in this contract.
Management reserves the right to refuse rental of space to any company whose display of goods and services is not, in the opinion of Management, compatible with the general character and objectives of the conference.
4. Subletting of Space
Exhibitor may not assign this contract and may not permit or sublet all or any part of its assigned space to be used by any other business or firm, unless Management has given prior written approval. Any such assignment, permission, or sublease without Management's prior written approval shall be null and void.
5. Authorized Representative
Exhibitor must designate one person as it's representative in connection with installation, operation and removal of its exhibit. The designated representative must be in attendance throughout all exhibit hall hours and shall be responsible for keeping the exhibit neat, staffed and orderly at all times.
6. Fire, Safety and Health
Exhibitor assumes all responsibility for compliance with local, city, and state ordinances and regulation covering fire, safety and health. The Hot Springs Convention Center may have rules and regulations above state and local requirements.
7. Exhibit Rules and Regulations Exhibitors' display must be contained within the designated contracted space and not interfere with adjacent Exhibitors, pedestrian flow or emergency access. Management reserves the right to require an exhibitor to alter an exhibit before or during the convention as management deems it to be in the best interest of the convention. Such changes shall be made at the Exhibitor's expense and are subject to Management approval. No Helium balloons or flying devices are allowed.
8. Licenses/Permits
Exhibitor shall be responsible for obtaining any licenses, permits or approvals required under local or state law applicable to their activity at the convention. Exhibitor shall be responsible for paying all taxes, license fees or other charges that shall become due to any government authority in connection with their activities.
9. Recorded/Live Music or Public Address
Due to the nature of the exhibit hall, any sort of live music or recorded music is not permitted which can be heard beyond the confines of the exhibitor's booth. Public address systems are not allowed. Management will provide public address opportunities from the designated information booth.
10. Installation and Removal
Exhibitor must install its exhibit on the designated set day and hours unless specific arrangements have been made with Management before said day. The exhibit must be dismantled and removed immediately after the exhibit hall closes. Exhibitor is requested not to dismantle the exhibit prior to close the last day of vendor hall; however, should Exhibitor require an early exit and knows thisbeforehand, the Exhibitor is expected to inform Management of this, and Exhibitor will be assigned a space which will afford easy exit and minimal interference with other exhibit space.
11. Property Loss or Damage
Management shall not be responsible for any loss of or damage to any property of Exhibitor or of its booth personnel, representatives, agents, employees, contractors, patrons, guests, licensees or invitees.
All of Exhibitor’s property shall remain under their custody and control in any transit to and from the exhibit hall and while in the confines of the exhibit hall.
Neither Management nor its service contractors, nor the management of the exhibit hall nor any of the officers, staff members or directors of any of the same are responsible for the loss or damage to property of Exhibitor or of its booth personnel, representatives, agents, employees, contractors, patrons, guests, licensees, or invitees from theft, fire, accident, vandalism or any other cause and Exhibitor expressly waives and releases any claim or demand against any of them by reason of any damage to or loss of any property.
Exhibitor shall be solely responsible for the loss of or damage to any property of Exhibitor’s personnel, including by not limiter to Exhibitor’s booth personnel and representatives, models, demonstrators and actors.
Accordingly, it is the Exhibitor’s responsibility to secure its own insurance or otherwise protect itself and the property of its booth personnel against loss or damage.
When exhibit hall has closed on Thursday and Friday, Management shall provide, at their expense, a security guard which will be stationed in the exhibit hall to secure property of Exhibitor overnight.
12. Shipping
The Hot Springs Convention Center does not have a Shipping and Receiving department and therefore cannot and will not accept any Exhibitor booth materials which are shipped to the Convention Center.
The Convention Center will refuse any Exhibitor materials shipped to them and Exhibitor will be responsible for any cost for their return.
Shipping will be handled by:
Southwest Design and Display
1310 Jackman St. Benton, AR 72015
Phone: 501-376-9114
office@southestdd.com
www.southwestdd.com
13. Labor
Exhibitor shall observe all contracts in effect between Management service contractors, exhibit hall facilities and the labor organizations involved.
14. Disputes
In the event of a dispute or disagreement between Exhibitor and an official contractor, or between Exhibitor and a labor union or labor union representative, or between two or more exhibitors, or concerning the interpretation of the rules and regulations, the actions or decisions concerning this dispute or disagreement by Management intended to resolve the dispute or disagreement shall be final and binding on Exhibitor.
15. Indemnification
Exhibitor agrees to defend, indemnify and hold harmless Management (and the exhibition facility management) from and against all claims. Demands, actions,, damages, loss, cost, liabilities, expenses and judgments recovered from or asserted against Management (or the exhibition facility management) on account of injury or damage to person or property to the extent that any such damage or injury may be incident to, arise out of , or be caused, wither proximately or remotely, wholly or in part, by an act omission, negligence or misconduct on the part of the Exhibitor (or any of its booth personnel, representatives, agents, employees, contractors, patrons, guests, licensees, or invitees, or any other person entering in or about Exhibitor’s booth space with the express or implied permission of Exhibitor), or when any such injury or damage is the result, proximate or remote, of the violation by Exhibitor (or any of its booth personnel, representatives, agents, employees, contractors patrons, guest, licensees, or invitees) of any law ordinance or governmental order of any kind, or when any such or damage may in any other way arise from or out of the operation or use of Exhibitor’s booth space. Such indemnification by the Exhibitor shall be 3 effective unless such damage or injury results from the gross negligence or willful misconduct of Management. Exhibitor covenants and agrees that in case Management (or the exhibit facility management) shall be made party to any litigation commenced by or against Exhibitor or relating to this contract or to Exhibitor’s booth space or to any of its agents, employees, contractors, patrons, guests, licensees or invitees, then Exhibitor shall and will pay all cost and expenses, including reasonable attorney’s fee and court cost, incurred or imposed up Management (or upon the exhibition facility Management) by virtue of any litigation.
16. Acceptance of this Contract
This Exhibit Application/Contract does not become a binding contract until Management has issued written confirmation of acceptance. The receipt of Exhibitor’s payment accompanying the application for space does not constitute acceptance of a contract.
17. Choice of Law and Forum
This contract shall be governed by the laws of the State of Arkansas. Any action commenced by Exhibitor arising out of or relating to this agreement, or arising out of or relating to the convention shall be brought solely in, the courts of Arkansas unless Management consents to another forum. Exhibitor consents to the jurisdiction of the courts of Arkansas for the resolution of any action arising out of or relating to this Agreement, or arising out of the convention.
18. Other
MANAGEMENT RESERVES THE RIGHT TO CHANGE THE RULES AND REGULATIOS AND TO MAKE ADDITTIONAL RULES AND REGULATION AS IT DEEMS TO BE IN THE BEST INTERESTS OF THE CONVENTION. MANAGEMENT SHALL HAVE THE SOLE POWER TO INTERPRET AMEND AND ENFORCE RULES AND REGULATIONS.