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EXHIBIT APPLICATION AND
SERVICES CONTRACT
This is an interactive
version of the NY
Times Travel Show
Exhibit Application
and Services Contract.
Simply fill out the
necessary information,
including your
initials at the bottom
of the form. Hit
"Submit" and a copy of
this contract will
automatically be sent
to Show Management.
If you wish to mail or
fax a copy of the
contract to Show
Management, please
click here; to
download a printable
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TERMS
AND CONDITIONS
1. Management: The
phrase “Show
Management” as used
herein shall mean
management of the Show
or Exhibition by its
Officers or Committees
or Agents or
Employees.
2. Assignment of
Exhibit Location: Show
Management will make
every effort to comply
with request for
assignment of exhibit
space locations on a
“first-come/first
served” basis.
Location assignments
will be made solely at
the discretion of
management within
reasonable time after
receipt of this
application.
3. Payment Terms:
Contracts received
prior to January 1,
2004 — A 50% deposit
of the Total
Application Fee
recorded above is due
upon signing this
Exhibit Application &
Contract and must be
sent to Show
Management with a
signed copy of this
contract within 7 days
of verbally securing
rental space. Final
payments are due by
January 1, 2004.
Contracts received
after January 1, 2004
— FULL PAYMENT of the
Total Application Fee
recorded above is due
upon signing this
Exhibit Application &
Contract and must be
sent to Show
Management with a
signed copy of this
contract within 7 days
of verbally securing
rental space.
For Checks & Wires -
Make payable to: The
New York Times Travel
Show, in U.S. funds
and List Exhibiting
Company name on
Payment.
Mail Checks to: The
New York Times Travel
Show, c/o MSE
Management, Inc., 50
Holly Hill Lane,
Greenwich, CT 06830,
USA.
Send Wires to: The New
York Times, A/C # 89
000 58 471, C/O The
Bank of New York, 48
Wall Street, New York,
NY 10286, ABA (Routing
#) 021 000 018. Please
make sure to list
Exhibiting company
name on Wire Transfer
for tracking purposes.
4. Location of
Exhibits: The
Exposition will be
held at the location
indicated on the front
side of this page. All
measurements and
exhibit space layouts
shown on the floor
plan are as accurate
as possible, but Show
Management reserves
the right to make such
modifications and
change exhibit space
assignments as may be
necessary to adjust
the floor plan at any
time to meet the needs
of show management,
exhibitors and the
exhibits.
5. Exhibit Space
Equipment and Service
Information: Show
Management will
furnish Exhibitors
with the name of an
exhibit service
contractor prepared to
furnish all services
customarily required
within a reasonable
time prior to the
commencement of the
Exhibition. Complete
shipping instructions
and information
regarding furniture
rental, electrical
work, telephone
installation,
plumbing, labor for
erecting and
dismantling exhibits,
drayage, etc., will be
forwarded to
exhibitors in advance.
A service desk will be
maintained in the
exhibit area. Show
Management assumes no
responsibility or
liability for any of
the foregoing services
performed or materials
delivered.
6. Cancellation
Policy: (a) In the
event the Exhibitor
cancels all or part of
the exhibit space
contracted for herein,
the Exhibitor must do
so in writing, by
certified mail, and
will be obligated to
pay Show Management
the following amounts:
for cancellations
received 60 days prior
to Expo, 50%; for
cancellations received
after 60 days prior to
the Expo, 100% of the
exhibit space rental
fee. (b) If exhibit
space is not occupied
by the Exhibitor by
the opening time of
the Exhibition,
Exhibitor shall be
deemed to have
canceled the exhibit
space contracted for
and Show Management
shall have the right
to use such space as
it deems appropriate
and the Exhibitor
shall pay to Show
Management all amounts
which would have been
due, upon the terms of
subparagraph (a)
above, if Exhibitor
had canceled this
contract as of such
date. (c) If the
Exhibitor does not
make full payment when
due upon the terms of
this contract, Show
Management may
terminate this
contract and the
Exhibitor shall be
responsible for
payment to Show
Management of all
amounts which would
have been due Show
Management, under the
terms of subparagraph
(a) above, if the
Exhibitor had canceled
this contract as of
the date of such
default. (d) Except as
Exhibitor's rental
obligation may be
reduced in accordance
with the terms set
forth in subparagraph
(a) above, the
Exhibitor shall be
responsible for
payment of the total
exhibit space rental
fee if the Exhibition
is canceled, delayed
or relocated, in whole
or in part, as a
result of riot,
strike, civil
disorder, act of war,
act of God, or any
other cause of any
kind whatsoever, not
within Show
Management's control.
7. Defaults: If the
Exhibitor is a party
to other contracts
with Show Management,
including but not
limited to contracts
for exhibit space,
advertising space or
direct marketing
services, and the
Exhibitor fails to
make any payment when
due under this or any
such other contracts
(hereinafter the
“Defaulted Contract”),
Show Management may,
in its sole discretion
and without prior
notice to the
Exhibitor, reapply any
or all funds paid by
the Exhibitor under
any such contractor
with sponsor to the
payment due on the
defaulted contract
and, in such event,
Show Management shall
promptly notify the
Exhibitor of such
application. In the
event that such
reapplication shall
create a default under
a contract other than
the defaulted
contract, which
default is not cured
within 10 days after
notice to the
Exhibitor, then that
contract may be
terminated by Show
Management in which
event all of the
provisions set forth
above under the
heading “Cancellation”
shall apply. Although
Show Management and
Exhibitor mayo
business in various
state jurisdictions,
this contract shall be
governed, construed
and enforced in
accordance with the
laws of the State of
New York and its
courts. In the event
that it shall be
necessary for Show
Management to bring
suit to enforce any or
its rights hereunder,
Show Management shall
be entitled to recover
all costs of such
suits including
reasonable attorney's
fees.
8. Use of Exhibits:
All demonstrations or
other promotional
activities must be
confined to the limits
of the exhibit space.
Sufficient space must
be provided within the
exhibit space for the
comfort and safety of
persons watching
demonstrations and
other promotional
activities. Each
Exhibitor is
responsible for
keeping the aisles
near its exhibit space
free of congestion
caused by
demonstrations or
other promotions. (a)
Except in certain
limited circumstances
involving parent
corporations, their
wholly owned
subsidiaries, and
sister corporations,
when approved in
writing in advance by
Show Management,
Exhibit shall not
assign, sublet or
share the space
allotted. (b)
Exhibitors must
display only the goods
manufactured or dealt
in by them in their
regular course of
business. (c) Any firm
or organization not
assigned exhibit space
will be not permitted
to solicit business
within the exhibit
area. (d) Permission
to hang signs or erect
exhibit spaces higher
than 8 feet must first
be obtained in writing
from Show Management,
which will confirm the
available height for
specific exhibit
locations. (e) No
portion of any exhibit
space sign or
carpeting may extend
over or beyond
assigned floor space.
Interference with the
light and space of
other exhibitors is
prohibited. (f)
Display material
exposing an unfinished
surface to neighboring
exhibit spaces is not
permitted and must be
finished at the
Exhibitor's expense.
Show Management
reserves the right to
have such finishing
done, billing the
Exhibitor for charges
incurred. (g) Show
Management reserves
the right to restrict
exhibits which,
because of noise,
method of operation,
materials or for any
other reason become
objectionable, and
also to prohibit or to
remove any exhibit
which, in the sole
opinion of Show
Management, may
detract from the
general character of
the Exhibition as a
whole, or consists of
products or services
inconsistent with the
purpose of the
Exhibition. This
reservation includes
persons, things,
conduct, printed
matter, and anything
of a character, which
Show Management
determines, is
objectionable. In the
event of such
restriction or
removal, Show
Management shall not
be liable for any
refunds or other
exhibit expenses. (h)
No animals may be
offered or displayed
as part of the
exhibit. (I) The use
of sound systems is
permissible, provided
that they are not
audible more than 3
feet into the aisle or
into neighboring
exhibit spaces, and
that the sound is
directed into the
Exhibitor’s exhibit
space or vertically.
Show Management shall
have absolute control
over the
implementation of this
regulation, the intent
of which is that sound
system shall not be
audibly objectionable
to neighboring
Exhibitors. (j)
Exhibitor is
responsible to
allocate staff to
supervise and manage
their booth. Booths
must be staffed at all
times during Expo open
hours to both the
Trade and Public. (k)
Exhibitors cannot
begin to break down
their exhibits prior
to end of the show,
which is at 5:00pm on
Sunday, February 29,
2004. Any Exhibitor
that begins to break
down their booth prior
to the close of the
show, may be subject
to a $500.00 penalty
fee due March 10,
2004.
9. Taxes and Licenses:
Exhibitor shall be
responsible for
obtaining any
licenses, permits or
approvals required
under local or state
law applicable to
their activity at the
Exhibition. Exhibitor
shall be responsible
for obtaining any tax
identification numbers
and paying all taxes,
license fees or other
charges that shall
become due to any
governmental activity
in connection with
their activities at
the Exhibition.
10. Exhibit Safety:
For all Exhibits over
eight (8) feet high,
the Exhibitor hereby
represents and
warrants to Show
Management that
Exhibitor has taken
all steps reasonably
necessary in its
judgment to ensure
that the sound
engineering and
structural integrity
of its exhibit design
and the proper
construction and
safety of the exhibit
itself, as erected,
including obtaining
the certification of a
registered structural
engineer if reasonably
available. Exhibitor
accepts responsibility
for any personal
injury or property
damage that may result
directly or indirectly
from the collapse of
its exhibit or any
portion thereof or the
existence of any other
unsafe condition at
its exhibit. Exhibitor
hereby agrees to
indemnify and hold
harmless Show
Management, the owner
and manager of the
exhibition facility,
and others lawfully on
the exhibitor floor,
from and against any
claim, loss, liability
or damage suffered as
a result of
Exhibitor's
construction or
maintenance of an
unsafe exhibit.
Exhibitor will furnish
Show Management with
the engineering and/or
insurance certificates
referred to herein
upon request prior to
or during the
construction or
maintenance of an
unsafe exhibit.
Exhibitor will furnish
Show Management with
the engineering and/or
insurance certificates
referred therein upon
request prior to or
during the Exhibition.
11. Liability: Neither
Show Management, nor
its agents or
representatives, will
be responsible for any
injury, loss or damage
that may occur to the
Exhibitor, or the
Exhibitor’s employees
or property from any
cause whatsoever.
Under no circumstances
will Show Management
be liable for lost
profits or other
incidental or
consequential damages.
Show Management shall
not be liable for
failure to perform its
obligations under this
contract as a result
of strikes, riots,
acts of God or any
other cause beyond its
control. Anyone
visiting, viewing or
otherwise
participating in the
Exhibitor’s exhibit is
deemed to be the
invitee or licensee of
the Exhibitor, rather
than the invitee or
licensee of Show
Management. Show
Management shall not
be liable for any
injury whatsoever to
property of the
Exhibitor or to
persons conducting or
otherwise
participating in the
conduct of the exhibit
or to invitees or
guests of the
Exhibitor. Exhibitor
agrees to abide by
existing agreements
and regulations
covering the use of
services or labor in
the conference and
exhibit facility. The
Exhibitor assumes full
responsibility and
liability for the acts
or omissions of its
agents, employees or
independent
contractors, whether
acting within or
without the scope of
their authority and
agrees to hold
harmless Show
Management and the
exhibit hall from
responsibility or
liability resulting
directly or indirectly
from such acts or
omissions. The
Exhibitor assumes the
entire responsibility
and liability for
losses, damages and
claims arising out of
injury or damage to
exhibitor's displays,
equipment and other
property brought upon
the premises of the
facility and shall
indemnify and hold
harmless the facility,
agents, servants and
employees from any and
all such losses,
damages and claims.
There is no other
agreement or warranty
between the Exhibitor
and Show Management
except as set forth in
this document. The
rights of Show
Management under this
contract shall not be
deemed waived except
as specifically stated
in writing and signed
by an authorized
officer of Show
Management.
12. Security and
Insurance: Show
Management will
provide perimeter
guard service during
the hours the exhibit
areas are closed.
However, the Exhibitor
is solely and fully
responsible for its
own exhibit material
and should insure its
exhibit against loss
or damage from any
cause whatsoever. All
property of an
Exhibitor is
understood to remain
in its care, custody,
and control in transit
to or from or within
the confines of the
Exhibit Hall.
Exhibitor agrees to
waive its right to
subrogation against
Show Management, its
officers, directors
and employees.
13. Liability
Insurance: Exhibitor
shall obtain, at its
own expense, adequate
insurance, but in no
event less than $1
million of
comprehensive general
liability insurance,
including the
so-called “broad form
of endorsement.” Such
insurance shall name
Show Management and
its officers,
directors, and
employees as
additional insureds.
14. Care of Building
and Equipment:
Exhibitors or agents,
must not injure or
deface the walls or
floors of the
building, the exhibit
spaces, or the
equipment of the
exhibit spaces. When
such damages appear,
the Exhibitor is
liable to the owner of
the property so
damaged. All materials
used in decoration
must be flameproof,
electrical wiring must
confirm with the
National Electric Code
Safety rules and all
other applicable
rules, regulations,
fire laws, electrical
codes and other laws
of the city in which
the exhibition is
located, and of any
other governmental
authority maintaining
jurisdiction over the
said exposition
facility, which affect
the installation,
conduct and dissemble
of the exhibit.
Combustible materials
or explosives are not
permitted in the
Exhibit Hall. The
Exhibitor shall also
comply with all
reasonable requests of
officials of the
Exhibit Hall and Show
Management with
respect to the
installation, conduct,
and disassembly of its
exhibit.
15. American
Disabilities Act:
Exhibitor assumes the
position of “public
accommodation” when
they contract to
exhibit in the
facility. Therefore,
the Exhibitor must
make their exhibit
area accessible to the
disabled without
causing them undue
“hardship.” A copy of
Public Law 101.336
[S.993] American
Disabilities Act of
1990 is available upon
request from the
Department of Justice.
16. Music Licensing:
Show Management will
be not be obtaining
ASCAP or BMI licensing
for the event.
Exhibitors may use
either live or
mechanical music, but
it is their sole
responsibility to
obtain the appropriate
music licensing as is
required by ASCAP or
BMI.
17. Miscellaneous:
Each Exhibitor, for
itself and its
employees, agrees to
abide by this
agreement and any
amendment thereto.
Exhibitor further
acknowledges that Show
Management reserves
the right to reject,
eject or prohibit any
exhibit in whole or
impart, or any
Exhibitor or it’s
representatives,
without giving cause.
If any provision of
this Contract is held
invalid or
unenforceable under
applicable law, such
provision shall be
ineffective, without
invalidating the
remaining provisions
hereof. The headings
in this Contract are
intended for
convenience of
reference and shall
not affect its
interpretation.
18. Show Management
for The New York Times
Travel Show is:
MSE Management, Inc.
50 Holly Hill Lane
Greenwich, CT 06830
Phone: (800) 322-9332
Fax (203) 622-6333.
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