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7. Management: The
word "management" as used herein shall mean management as previously
specified in the contract, or its officer or Committees or Agents or
Employees for it in the management of the Exhibition.
8. 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.
9. Payment Terms: Contracts received prior to December 1, 2003
— 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 14 days of
verbally securing rental space. Final payments are due by December 1,
2003. Contracts received after December 1, 2003 — 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: Outside Shows and Events,
LLC, in U.S. Funds and List Exhibiting Company Name on Payment.
Mail Checks to: Outside’s Travel Expo, c/o MSE Management, Inc.,
50 Holly Hill Lane, Greenwich, CT 06830, USA.
Send Wires to: First National Bank of Santa Fe, NM 87501. Account
Name—Outside Shows and Events, LLC. Account Number—107019157, Routing
Number 107000440. (Please make sure to list Exhibiting company name on
Wire Transfer for tracking purposes.)
10. 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.
11. 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.
12. 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.
13. 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 each do business in various state
jurisdictions, this contract shall be governed, construed and enforced
in accordance with the laws of the State of Illinois 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.
14 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 can not begin to
break down their exhibits prior to end of the show, which is at 5:00pm
on Sunday, February 22, 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.
15. 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.
16. Exhibit Safety: For the safety of all exhibits the following
rules and regualtions apply per standard 10’ x 10’ booth. A) No display
placed on, near, or agianst the back wall of exhibit booth can be higher
than (8) feet unless authorized by Show Management prior to Set Up. All
requests must be sent to Show Management, in writing, at least 60 days
in advance of booth set up dates. Show Management will make every effort
to comply with this request, however can not guarantee that request will
be approved. For Exhibits that are approved by Show Management that will
be 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 exhibitor 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 to herein upon request prior to
or during the Exhibition. B) Exhibit Display can only extend (5) feet
from back of booth stand at (8) feet high on each side of booth.
17. 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.
18. 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.
19. 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.
20. 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
appears, 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.
21. 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 themselves 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.
22. 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.
23. 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 in part, or any Exhibitor or
his 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.
24. Management for Outside’s Travel Expo is: MSE Management,
Inc., 50 Holly Hill Lane, Greenwich, CT 06830;Toll Free Phone #: (877)
604-2867; Local Phone #: (203) 622-8021; Fax #: (203) 622-6333;
www.outsidetravelexpo.com
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