(A) Exhibit space and sponsorship is recognized as an advertising / promotional service performed on behalf of Exhibitor by Drink Eat Relax Events, LLC.
(B) The space on which Exhibitor shall display and exhibit products shall be as shown on the official diagram for said event or such other space of equal size as the Management may hereinafter designate. Drink Eat Relax Events, LLC reserves the right to relocate any exhibitor at any time for the benefit of the show. Exhibitor must keep space staffed at all times.
(C) The Exhibitor agrees to pay the sum above specified as follows: 50% due upon the execution of this agreement, and the remaining balance due by 30 days prior to the event. For all credit card payments, any balance due other than deposit will be automatically charged to the card on file 30 days prior to the event. Exhibitor agrees to all credit card processing fees.
(D) The actual occupation of the space is of the essence hereof. In the event the Exhibitor shall not occupy said space then and in such event Drink Eat Relax Events, LLC is expressly authorized to occupy or cause said space to be occupied in such a manner as it may deem best for the interest of said event without any rebate or allowance whatsoever therefore to Exhibitor and without in any way releasing the Exhibitor from any liability hereunder, and the Exhibitor expressly agrees to pay the Management in the full sum hereinabove set forth.
(E) Exhibitor shall not, without prior written consent of Drink Eat Relax Events, LLC, assign or sublet such space or any part thereof, or move out his display before official closing of said show.
(F) The conditions, rules and regulations adopted by Drink Eat Relax Events, LLC are made a part hereof and incorporated herein, and the Exhibitor agrees to be bound by each and every one of them; and Drink Eat Relax, LLC shall have full power in the matter of interpretation, amendment and enforcement of all said conditions, rules and regulations.
(G) Exhibitor is responsible for their own well-being and will carry all necessary insurance for their person and chattel while setting up, tearing down and exhibiting in the show. To the fullest extent permitted by law, Exhibitor shall indemnify, defend (at Exhibitors’ sole expense) and hold harmless, Drink Eat Relax Events, LLC, affiliated companies of Drink Eat Relax Events, LLC, their parents, joint ventures, representatives, members, designees, officers, directors, shareholders, employees, agents, successors and assigns (Indemnified Parties), from and against any and all claims for bodily injury, death or damage to property, demands, damages, actions, causes of action, suits, losses, judgments, obligations and any liabilities, costs and expenses (including but not limited to investigative and repair costs, attorney’s fees and costs and consultant fees and costs) (Claims) which arise or are in any way connected with Services provided under this Agreement by Exhibitor or its agents. These indemnity and defense obligations shall apply to any acts or omissions, negligent or willful misconduct of Exhibitor, its employees or agents, whether active or passive. Said indemnity and defense obligations shall further apply, whether or not said claims arise out of the concurrent act, omission, or negligence of the Indemnified Parties, whether active or passive. Exhibitor shall not be obligated to indemnify and defend Drink Eat Relax Events, LLC, for claims found to be due to the sole negligence or willful misconduct of Indemnified Parties.
(H) Once an application is accepted by Drink Eat Relax Events, LLC, no deposits will be refunded for any reason.
I UNDERSTAND THE FOLLOWING TERMS:
(I) Specifically, Drink Eat Relax Events, LLC will not be liable for refunds or any other liabilities whatsoever for the failure to fulfill this contract due to any of the following causes:
(i) By reason of the enclosure in which the show or pageant is to be produced, being, before or during the show, destroyed by fire or other calamity.
(ii) By any act of God, public enemy, strikes, statutes, ordinances or any legal authority, or any other cause beyond Drink Eat Relax Events, LLC’s control.
(J) That no agreement, respect of the matters herein contained, shall become a part hereof unless duly endorsed hereon.
(K) In any case where an automobile or moving vehicle is a part of an Exhibitor’s display, said vehicle is required to stay in place for all hours that the show is open. All keys to said vehicles will be surrendered to Drink Eat Relax Events, LLC upon move-in.
(L) Final approval of this application is at the discretion of Drink Eat Relax Events, LLC.
(M) As the individual executing this contract, I expressly represent that I have the authority to act as legal representative of Exhibitor and as such legally authorizes the exercise of this contract in its entirety. This contract is non-refundable, non-cancelable and non-transferable.
(N) If Exhibitor disputes payment/payments applied to MC, VISA, DISC, or AMEX, and the dispute/inquiry is resolved in favor of Drink Eat Relax Events, LLC, Exhibitor will be subject to an additional administrative fee of $500.00.
(O) In the event that Exhibitor fails to meet its’ financial and contractual obligations under this contract and Drink Eat Relax Events, LLC refers the matter to an attorney for collection, Exhibitor shall be responsible for legal fees at Fifteen Percent (15%) of the total amount due, all related court costs and all collection fees associated with all collection efforts.
(P) I understand that my voice, name and image (and those of employees of my company) may be recorded by various mechanical and/or electrical means. I hereby release any claim I (or my company) might have in law or equity in connection with the utilization of such material by Drink Eat Relax Events, LLC. I hereby authorize Drink Eat Relax Events, LLC and grant unto it or its assignees the absolute right to use said materials in connection with advertising, publicity, exhibitions, or, without limitation, any other purpose.
BY SIGNING BELOW, SIGNOR FOR EXHIBITOR ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTOOD, AND AGREES TO THE LANGUAGE ABOVE AND AGREES TO ALL TERMS AND CONDITIONS AND REGULATIONS AS PUBLISHED BY DRINK EAT RELAX EVENTS, LLC.