TERMS and CONDITIONS
1. Neither the Antiques and Garden Show of Nashville, Inc., as Lessor (hereinafter referred to as the "Show"), nor its officers, directors, agents, trustees, employees or volunteers (collectively, the "Show Persons"), nor the Music City Center shall be responsible for any injury or loss suffered by the Lessee (hereinafter referred to as "Exhibitor"), its employees, agents or property, from any cause whatsoever while said premises are being occupied under this contract or during the setting up and dismantling of displays.
2. If said premises are damaged or destroyed, or if for any reason the Antiques and Garden Show of Nashville should not occur as contemplated, this contract shall be terminated and the Exhibitor shall be entitled only to the return of its deposit. Exhibitor hereby waives any and all claims for damages of any kind whatsoever based on such cancellation.
3. Exhibitor is responsible for the security of its booth and contents. Although night security will be provided from January 27 to February 2, 2020. The Show assumes no responsibility or liability for the care, safety, and security of Exhibitor’s space, contents, merchandise or personnel. The Show does not provide insurance to Exhibitor. Insurance must by obtained and paid for by the Exhibitor. Exhibitor must provide proof of insurance to the Show no later than August 1, 2019. Failure to provide such proof may result in cancellation of this contract. The Exhibitor hereby relieves the Show, the Show Persons and the Music City Center from all responsibility or liability in connection with the safe keeping of Exhibitor’s property while on exhibit at the Show.
4. The Show will honor requests for specific locations but we do not guarantee that all requests can be met. Booth spaces are assigned on a first-come, first-served basis to those who fully comply with the Terms and Condition of this Contract. The Show reserves the right to adjust booth placement and/or assign booth space to Exhibitor as unforeseen circumstances and/or necessity may require or dictate.
5. The Exhibitor agrees that it will hold harmless and indemnify the Show, the Show Persons and the Music City Center from any damage by reason of any injury to persons or property, in the Exhibitor’s booth or done by the Exhibitor, its representatives, or employees. The Exhibitor will defend and protect the Show, the Show Persons and the Music City Center at its own expense and cost, including attorney’s fees, against any and all such claims and demands. Neither the Show, the Show Persons, the Music City Center, nor any sub-contractors of or service providers to any of them, shall be responsible or liable for theft, fire or other damage whether negligently caused, willful or otherwise, and the Exhibitor expressly releases all such persons from any and all liabilities for all loss, injury or damage to persons or property.
6. The Exhibitor agrees to abide by all of the applicable rules and regulations of the Music City Center pertaining to utilization of space in the Music City Center and to all of the Rules and Regulations that have been established by the Show and have been provided to Exhibitor as part of this Agreement.
7. All amounts due hereunder that are not paid by January 10, 2020 shall bear interest at the rate of 8% per annum until paid. The Exhibitor agrees to pay all costs of collection of any unpaid amounts, including reasonable attorneys' fees. Exhibitor agrees that any proceeding arising out of this contract may be brought in the courts of Davidson County, Tennessee, and Exhibitor consents to the exclusive jurisdiction of such courts and waives any objection it may have to venue or convenience of forum.
8. The parties hereby agree to conduct all actions and transactions necessary to execute and effectuate this Agreement by electronic means.