GREEN LIVING EXPO
Exhibitor Terms & Conditions
Go Green in '17
EMERALD SQUARE MALL - (through out mall)
Friday, Saturday & Sunday August 25 - 27, 2017
(" back-to-school weekend "- estimated 40,000 mall vistors)
Creating a Greener New England
401 - 837 - 6645
LIMITATIONS ON DISTRIBUTION OF PROMOTIONAL MATERIALS AND SHARING OF BOOTHS
Exhibitors will be permitted to demonstrate products and or services, solicit orders, and distribute advertising materials (including, but not limited to, signs, literature, or business cards) only from their assigned exhibit space and only for products and /or services which are provided in the exhibitor’s normal operation of business. Distribution or display of advertising materials from non-exhibitors, and distribution of advertising materials in aisles, registration areas, lounges, seating areas, or grounds of show facility is prohibited. Show Management reserves the right at its sole discretion to determine if a breach of this clause exists. Exhibitor may not assign its contract for exhibit space or permit any other person or company to use any part of such space. Exhibitor agrees to be held liable for any unauthorized use of its exhibit space and that the damages to Show Management resulting from each unauthorized use will be set at a dollar amount equal to the fee for the Exhibitor’s space in the Show. (For simplicity’s sake the word “Show” will be used interchangeably for, and pertains to the Green Living Expo at the Emerald Square Mall by Show Management in this Agreement).
EXHIBIT RESTRICTIONS / SAFETY ISSUES
All displays erected for the show must be free standing and may not exceed the boundaries of exhibit space. Exhibitors are prohibited from attaching anything to walls, columns, windows, or fixtures of show facility. Exhibitor shall leave space occupied by them in the same condition as at the time when first occupied. Show Management reserves the right to restrict displays which, because of noise or method of operation, interfere with other exhibitors, and to prohibit or remove such displays and/ or personnel which in the opinion of Show Management become objectionable and/or detract from the character or appearance of the Show. The use of audio and/or video equipment is an exception to the rule, not a right, and Show Management reserves the right to determine at what point audio and/or video constitutes interference with others and must be discontinued. Exhibitor is charged with having knowledge of and compliance with all laws, and regulations pertaining to licensing, sales tax, health, fire prevention, public safety, copyright, and the Americans With Disabilities Act. Exhibit materials, decorations, and display items must be fire safe. If an exhibit does not comply with these regulations, or otherwise presents a hazard or danger, Show Management may remove the exhibit with no liability for refund of exhibit fees.
LIABILITY AND INDEMNIFICATION
Reasonable precautions will be taken by Show Management to protect persons and property during the show, however, neither Show Management, show facility, nor representatives of any of the same, shall be responsible for the personal safety of the Exhibitor or its representatives from injury, or for the safety of the property of the Exhibitor from theft or damage. Exhibitor waives all claims of every kind against Show Management, show facility, and representatives of the same including, without limitation, all claims for damages based on personal property damage, destruction, loss or theft, personal injury or death, and any other act or failure to act of Show Management. Exhibitor agrees to indemnify and hold Show Management harmless from all claims, including expenses, damages, costs, and attorney’s fees, by Exhibitor, Exhibitor’s agents, employees, contractors, or by any other person, arising out of any act or omission in any way related to Exhibitor’s participation in the show.
In the event of and including but not limited to any Fires, Strikes, Wars, or Acts of God, such as earthquakes, or other emergency prevents the Show from being held, Show Management may retain such part of Exhibitor’s rental as shall be required to compensate management for all expenses incurred up to the time such contingency shall have occurred.
EXCLUSIVITY / LIMITATION OF EXHIBIT CATEGORIES
Show Management reserves the right to determine the eligibility of any company to exhibit in the show and further reserves the right to reject or cancel any application and / or limit the number of exhibitors in any category.
Show Management will make best efforts to assign the exhibit size of Exhibitor’s choice; however, Show Management reserves the right to alter the show floor plan and / or reassign the location of Exhibitor. In the event of the relocation of an exhibit space, Exhibitor shall receive a refund of the cost differential, if any, between the original and the relocated exhibit. Exhibitor agrees that Show Management shall not be liable to exhibitor for any other loss or damage suffered by exhibitor by reason of such relocation.
PAYMENT TERMS / CANCELLATION POLICIES
Exhibitor shall not be permitted to bring any equipment or display any material into the Show without prior full payment. If payments are not made in accordance with the due dates specified in this agreement, Show Management may terminate this agreement and reassign space to another exhibitor. Exhibitor shall pay a fee of $35.00 if any check presented for payment is returned by bank. This written agreement is noncancellable and Exhibitor agrees to pay all payments on time due under this agreement, even if Exhibitor does not physically use his booth or is unable to exhibit. No oral representations are binding, and failure to occupy exhibit space shall not relieve Exhibitor of fees due under the agreement nor other obligations under this agreement. Show Management reserves the right to cancel this Exhibitor agreement for any reason by giving 15 days written notice to Exhibitor. In the event that Show Management cancels this agreement, the liability of Show Management shall be limited to a return of any amounts paid by Exhibitor without interest or penalty, subject to the above terms and conditions.
The agreements between Show Management and show facility, service contractor, and labor organizations shall supersede the agreement between Show Management and exhibitor. Exhibitors are required to comform to all Emerald Sqaure Mall's (a Simon propertry) rules and regulations.
PUBLICITY/ USE OF PHOTOS OR VIDEO
Exhibitor agrees that Show Management may list the Exhibitor in show promotional materials and use photography and / or video taken at the show for publicity purposes without compensation to Exhibitor.
In the event of any dispute between or among any of the parties concerning the construction or interpretation of this Contract or the performance or breach of any party, the dispute shall be resolved by binding arbitration subject to the rules and procedures of the American Arbitration Association then pertaining, except as follows: A. The site of arbitration shall be Providence, Rhode Island; B. There shall be three (3) arbitrators whose majority decision shall be final; C. The arbitrators shall be bound to apply and follow the laws of the Rhode Island as they exist by statute, court decision and otherwise. D. The arbitrators shall not be empowered to award attorneys’ fees, costs and expenses of arbitration to any party. Arbitration shall commence by the written demand of any party, served upon the other party as notice is required to be served under this Contract..
For any reason any Expo is cancelled Exhibitor, agrees that any and all exhibit space payments are nonrefundable, and will be applied as credit towards any future Expos.
EMAIL SIGNATURES AND/OR FAX AGREEMENTS
For the convenience of the Exhibitor, Show Management will accept submission of this agreement by Email and or facsimile. The parties agree that, if a signed copy of this agreement is transmitted by facsimile, the facsimile copy shall be deemed to be an original document and fully enforceable there as.
If any clause of this agreement is found to be invalid or unenforceable, the remainder of the agreement shall continue in full force and effect without regard to the invalidated clause.
ALL TRANSACTIONS ARE FINAL AND NON-REFUNDABLE