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1.Defined Terms The term “Event” means South Texas Horror Con, currently scheduled to be held on October 26th & 27th, 2013 (“Event Dates”) at the McAllen Convention Center (“Exhibit Facility”). The Event is owned, produced and managed by Con-Man Productions (“STHC”). As used hereinafter, the term “Organizer” means, collectively, STHC, and each of its/their respective officers, directors, agents, affiliates, representatives, employees and assigns, unless the context requires otherwise. The term “Exhibitor” means, collectively (I) the company, any other business entity, or person that applied for exhibit space rental and agreed to enter into this contract upon acceptance by STHC in the manner stated below and (ii) each of its officers, directors, shareholders, employees, contractors, agents, representatives, and/or invitees, as applicable.
2.Contract Acceptance This contract shall become binding and effective only when it has been signed on the facing page by Exhibitor and counter-signed on the facing page by a duly authorized representative of STHC.
3.Assumption of Risks; Releases Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to the person (including death), property, business or profits of Exhibitor, whether caused by negligence, intentional act, accident, act of God or otherwise. Exhibitor has sole responsibility for its property or any theft, damage or other loss to such property (whether or not stored in any courtesy storage area, including without limitation any subrogation claims by its insurer). Neither Organizer nor the Exhibit Facility accepts responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Organizer nor the Exhibit Facility shall be liable for, and Exhibitor hereby fully and forever release and discharge the Organizer and the Exhibit Facility, individually and collectively, and their present and former officers, directors, shareholders, partners, affiliates, employees, agents, representatives and attorneys, and predecessors, assignees and successors of each of them, from all claims, actions, causes of action, demands, cross-claims, counter-claims, obligations, contracts, indemnities, contributions, suits, debts, sums, accounts, controversies, rights, damages, costs, attorneys’ fees, losses, expenses and liabilities whatsoever, in law, equity or otherwise (collectively “Claims”) which either may now have or have had or which may hereafter accrue, individually, collectively or otherwise in connection with, relating to or arising out of Exhibitor’s participation and/or presence in the Event. Exhibitor acknowledges that there is a possibility that subsequent to the execution of this contract, it will discover facts or incur or suffer claims that were unknown or unsuspected at the time this contract was executed, and which if known by it at that time may have materially affected its decision to execute this contract. Exhibitor acknowledges and agrees that by reason of this contract, and the releases contained in this Section 3, it is assuming any risk of such unknown facts and such unknown and unsuspected claims. This release shall constitute a full release in accordance with its terms.
4.Indemnification Exhibitor shall on a current basis, indemnify, defend (with legal counsel satisfactory to STHC in its sole discretion) and hold Organizer and the Exhibit Facility harmless from any and all claims, demands, suits, liabilities, damages, losses, costs, reasonable attorneys’ fees and expenses, which result from or arise out of or in connection with (a) Exhibitors’ participation or presence at the Event; (b) any breach by Exhibitor of any agreements, covenants, promises or other obligations under this contract; (c) any matter for which Exhibitor is otherwise responsible under the terms of this contract; (d) any violation or infringement (or claim or violation or infringement) of any law or ordinance or the rights of any party under any patent, copyright, trademark, trade secret or other proprietary right; (e) any libel, slander, defamation or similar claims resulting from the actions of Exhibitor; (f) harm or injury (including death) to Exhibitor; and (g) loss or damage to property or the business or profits of Exhibitor, whether caused by negligence, intentional act, accident, act of God, theft, mysterious disappearance or otherwise. Exhibitor shall not settle or compromise any claims against Organizer without Organizer’s prior written consent.
5.LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL ORGANIZER OR THE EXHIBIT FACILITY BE LIABLE FOR ANY LOST PROFITS OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER FOR ANY OF THE ACTS OR OMISSIONS WHETHER OR NOT APPRISED OF THE POSSIBILITY OF ANY SUCH LOST PROFITS OR DAMAGES. IN NO EVENT SHALL ORGANIZERS MAXIMUM LIABILITY UNDER ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID TO STHC BY EXHIBITOR FOR EXHIBIT SPACE RENTAL PURSUANT TO THIS CONTRACT. Organizer makes no representations or warranties, express or implied, regarding the number of persons who will attend the Event or regarding any other matters.
6.Qualifications of Exhibitor STHC, in its sole discretion, shall have the right to determine whether a prospective exhibitor is eligible to participate in the Event. Applicants who have not previously exhibited at a prior event held by Organizer similar to that of the Event may be required to submit a description of the nature of their business and the items intended to be exhibited. STHC reserves the right to restrict or remove any exhibit which STHC, in its sole discretion, believes is objectionable or inappropriate. No adult materials may be displayed or sold.
7.Assignment of Space Exhibit space shall be assigned by STHC in its sole discretion for the Event and for the Event Dates only. Any such assignment does not imply that similar space will be assigned for future events held by Organizer. STHC reserves the right to change the floor plan or to move an Exhibitor to another booth location prior to or during the Event if STHC in its sole discretion determines that to do so is in the best interest of the Event.
8.Cancellation by Exhibitor Cancellation: Generally, partial cancellation of booth space is not permitted, any partial cancellation must have the prior written consent of STHC, which consent shall be in STHC ‘s absolute discretion. Exhibitors who cancel exhibit space more than 90 days prior to the opening day of the Event, will be refunded total due, less $50.00. Exhibitors who cancel exhibit space less than 90 days prior to the opening day of the Event, but more than 60 days prior to the opening day of the Event, will pay a cancellation fee of 50% of total due. There will be no refunds for cancellations made less than 60 days prior to the opening day of the Event.
9.Cancellation by STHC If Exhibitor fails to make a payment required by this contract in a timely manner, STHC may terminate this contract immediately (and Exhibitor’s participation in the Event) without further notice and without obligation to refund monies previously paid. STHC reserves the right at its discretion to refuse Exhibitor permission to move in and set up an exhibit if Exhibitor is in arrears of any payment due to STHC. STHC is expressly authorized (but has no obligation, expressed or implied) to occupy or dispose of any space vacated or made available by reason of action taken under this paragraph in such manner as it may deem best, and without releasing Exhibitor from any liability hereunder. STHC may also terminate this contract effective upon written notice of termination if Exhibitor breaches any of its obligations under the contract without any obligations, expressed or implied, on STHC ‘s part to refund any payments previously made and without releasing Exhibitor from any liability arising as a result of or in connection with such breach. If STHC removes or restricts an exhibit which STHC considers to be objectionable or inappropriate, no refund will be due Exhibitor.
10. Cancellation of the Event If STHC cancels the Event due to circumstances beyond the reasonable control of STHC (such as acts of God, acts of war, governmental emergency, labor strike or unavailability of the Exhibit Facility) STHC shall refund to each Exhibitor its exhibit space rental payment previously paid, minus a share of costs and expenses incurred, in full satisfaction of Organizer’s liabilities to Exhibitor. STHC reserves the right to cancel, re-name or re-locate the Event or change the dates on which it is held. If STHC changes the name of the Event, relocates the Event to another event facility within the same city or changes the dates for the Event to dates that are not more than thirty (30) days earlier or thirty (30) days later than the dates on which the Event originally was scheduled to be held, no refund will be due to Exhibitor; provided however, STHC shall assign use of such space to Exhibitor pursuant to the terms of this contract. If STHC elects to cancel the Event other than for reasons previously described in this paragraph, STHC shall refund to each Exhibitor its entire exhibit space rental payment previously paid, in full satisfaction of any and all liabilities on the part of the Organizer to Exhibitor.
11. Exhibit Space Occupancy Hours and dates for installing, occupying and dismantling exhibits shall be those expressly specified by STHC. If Exhibitor fails to install its display in its assigned space by one hour before show opens or leaves its space unattended during the Exhibit hours, STHC shall have the right to take possession of the space and no refund will be due to Exhibitor. All exhibits must be open for business during the Event hours. Exhibitor may not dismantle the display until the Event is officially closed by STHC. Exhibitors may not assign their display space to third parties without prior written approval from STHC. Electricity is an additional charge of $75 per vendor paid to the McAllen Convention Center. Vendors are allowed to bring their own backdrop. However, these items must not interfere with adjoining vendors. Vendors are responsible for any extension cords or other necessary supplies needed to get electricity to their table from the paid electrical source. 5. Each vendor will receive TWO (2) vendor passes regardless per table purchased. Additional vendor passes can be purchased at the reduced rate of $10 each. Limit 4 additional per vendor at this price. Additional passes must be purchased at full price. THERE IS A STRICT LIMIT OF FOUR ADDITIONAL VENDOR PASSES PER VENDOR. Special event passes, if applicable, must be purchased separately and will not be discounted. VENDORS ARE NOT ALLOWED TO GET IN LINE FOR CELEBRITY AUTOGRAPHS BEFORE DOORS OPEN. Any vendor found doing so will be immediately removed from the show without a refund on vendor space or passes.
12. Listings and Promotional Materials By Exhibitor’s participation in the Event, Exhibitor expressly grants to STHC a fully paid, perpetual non-exclusive license to use, display and reproduce the name, trade names and product names of Exhibitor in any directory (print, electronic or other media) listing the exhibiting companies at the Event and to use such names in STHC promotional materials. STHC shall not be liable for any errors in any listing or descriptions or for omitting any Exhibitor from the directory or other lists or materials. Exhibitor agrees that STHC may also take photographs or Exhibitor’s booth space, exhibit and personnel during, before or after the open hours of the Event and use such photographs for any STHC promotional purpose.
13. Care of Exhibit Facility Exhibitor shall promptly pay for any and all damages to the Exhibit Facility or associated facilities, booth equipment or the property of others caused by Exhibitor.
14. Taxes and Licenses Exhibitor shall obtain any licenses, permits or approvals under federal, state or local law applicable to its activities at the Event at its sole expense. Exhibitor shall obtain any necessary tax identification numbers and permits and for paying all taxes, license fees, use fees, or other fees, charges, levies or penalties that become due to any governmental authority in connection with its activities at the Event.
15. Copyrighted Materials Exhibitors shall not play or permit the playing or performance of, or distribution of any copyrighted material at the Event unless it has obtained all necessary rights and paid all required royalties, fees or other payments.
16. Observance of Laws Exhibitor shall abide by and observe all federal, state and local laws, codes, ordinances, rules and regulations, and all rules and regulations of the Exhibit Facility (including without limitation any union labor work rules). Without limiting the generality of the foregoing, Exhibitor shall construct its exhibits to comply with the Americans with Disabilities Act.
17. Additional Terms and Conditions STHC has sole control over attendance policies. Except as provided to the contrary in this contract; all monies paid by Exhibitor shall be deemed fully earned and non-refundable at the time of payment. Exhibitor shall conduct itself at all times in accordance with normal standards of decorum and good taste. In addition to its right to close an exhibit and withdraw acceptance of the contract, STHC in its sole judgment may refuse to consider for participation in future events held by Organizer an Exhibitor who violates or fails to abide by the contract and any of the accompanying rules and regulations. Any amendment or modification to this contract must be in writing and signed by an authorized representative of STHC. Exhibitor may not assign this contract or any right hereunder nor may Exhibitor sublet or license all or any portion of its exhibit space without the prior written consent of STHC, which consent shall be in STHC ‘s sole discretion.
18. Exhibitor Service Guide Approximately two months from the Event, STHC will send an Exhibitor Service Guide to the Primary Contact listed on the front of this agreement. The Exhibitor Service Guide will include information integral to participation at the Event, including but not limited to additional exhibitor rules and regulations, official contractor order forms, registration, shipping and drayage, utilities and building services, exhibitor display rules, and move-in, move-out schedules.
19. Incorporation of Rules and Regulations Any and all matters pertaining to the Event and not specifically covered by the terms and conditions of this contract shall be subject to determination by STHC in its sole discretion. STHC may adopt rules or regulations from time to time governing such matters and may amend or revoke them at any time, upon reasonable notice to Exhibitor. Any such rules and regulations (whether or not included in an Exhibitor Service Guide or similar document) are an integral part of this contract and are incorporated herein by reference and shall have the full force and effect as if such rules and regulations are fully set forth herein. Exhibitor shall observe and abide by additional regulations made by STHC as soon as these additional rules or regulations are communicated to Exhibitor. This contract (including the Exhibitor Service Guide and any additional rules or regulations adopted by STHC from time to time) states the entire agreement of the parties with respect to the subject matter hereof.
20. Governing Law This contract is governed by the laws of the State of Texas as applied to contracts entered into and entirely performed within such state. Exhibitor agrees that the courts located in the State of Texas shall constitute the exclusive forum for the resolution of any and all disputes arising out of, connected with or related to this contract or the breach of any provision of this contract. Exhibitor waives any right to assert lack of personal or subject matter jurisdiction and agrees that venue properly lies in McAllen, Texas.
21. Character of Displays: Use of Aisles and Common Areas Distribution of samples and printed matter of any kind, and any promotional material is restricted to the exhibit booth. All exhibits shall display products or services in a tasteful manner as determined in STHC ‘s sole discretion. The aisles, passageways and overhead spaces remain strictly under control of STHC and no signs, decorations, banners, advertising material or special exhibits will be permitted in any of these spaces except by written permission of STHC. Uniformed attendants, models and other employees must remain within the booths occupied by their employers. Any and all advertising distribution must be made from Exhibitor only from within his or her booth. Equipment must be arranged so that show visitors do not stand in the aisle while examining equipment or watching demonstrations. Strolling entertainment or moving advertisements outside of an Exhibitor’s exhibit space is prohibited.
22. Sound Advertisements The use of devices for mechanical reproduction of sound or music is permitted, but must be controlled. Sound of any kind must not be projected outside of the exhibit booth. Exhibitors are specifically prohibited from employing any carnival-type attraction, animal or human, or from operating such noise-creating devices as bells, horns or megaphones. STHC reserves the right to determine sound interference with others and Exhibitor shall comply with any request by STHC to discontinue any such sound or music.
23. Rights of Offset; Enforcement In the event Exhibitor is indebted to STHC, whether or not such indebtedness arises from this or any other agreement, STHC shall have the right in its discretion, to apply any refunds of exhibit booth fees properly due Exhibitor to such other indebtedness in the event legal action is filed by STHC to enforce the terms and provisions of the agreement, the prevailing party in such action shall be entitled to reimbursement of court costs and reasonable legal fees.
24. STHC will be providing to you from time to time additional materials which will specify additional terms and conditions for your participation and/or presence at the Event. Such additional terms and conditions (including without limitation those specified in the document entitled “General Terms and Conditions”) are hereby fully incorporated herein by reference and shall have the full force and effect as if such terms and conditions are fully and expressly set forth herein. You hereby agree that all information containing terms and conditions provided to you by STHC shall be deemed fully read and understood by you and that you shall be bound by all the terms and conditions contained herein and therein.
By Proceeding you agree to these terms.