OFFER AND ACCEPTANCE Exhibitor’s submission of the 2008 Booth Reservation form, with or without a deposit, shall constitute an offer from Exhibitor to enter into such Agreement with S.E.E. (“Show Management”). Such offer can only be accepted by S.E.E. signing such Agreement. After signing, S.E.E. will send to Exhibitor a fully signed copy of the one-page Agreement document, which sending shall constitute S.E.E.’s acceptance and cause the Agreement as a whole to become effective.
- ARRANGEMENT OF EXHIBITS Exhibits shall be so arranged as not to obstruct the general view nor hide the exhibits of others. Plans for specially-built displays not in accordance with Exhibition Rules and the regulations set forth in this Exhibitor Service Kit must be submitted to the Show Management before construction is ordered and/or begun.
- Unsightly Booths Any unsightly booths must be masked off by the exhibitor. Whether or not booths are unsightly will be determined by Show Management, in its sole discretion.
- Backwalls Regular and specially built backwalls including signs may not exceed an overall height of eight (8) feet, except in locations against the wall. The height for wall locations may not exceed twelve (12) feet. Low side dividers between booths must not exceed thirty-six (36) inches in height. If a high divider between booths is desired, it will not exceed eight (8) feet in height nor extend from the backwall more than one-half of the depth of space to avoid blocking adjacent exhibits.
- Aisles All aisles must be clear of exhibits. Interviews, demonstrations and distribution of literature must be made inside Exhibitor’s booth.
- Booth Number A booth number must appear on all specially built backwalls. No signs are allowed above the permissible backwall height.
- Installation All Exhibitor displays must be completely installed within the time designated for this purpose.
SOLICITING Exhibitor is prohibited from distributing literature, souvenirs, or other items from outside the boundaries of Exhibitor’s booth, unless Exhibitor has obtained Show Management’s prior written approval. This prohibition includes canvassing other exhibits, before, after, or during Show hours. Canvassing in exhibit halls or distribution of advertising matter, souvenirs, or any other items whatsoever by anyone who is not a paid exhibitor is strictly forbidden. Exhibitor is prohibited from taking photographs of other exhibits or other aspects of the show, without Show Management’s prior written approval. Exhibitors may photograph only their own booth(s).
EXHIBITOR PERSONNEL AND OTHER Technical specialists, qualified to discuss engineering details of their products, must man booths. Show management reserves the right to prohibit an exhibit or part of an exhibit, which in Show Management’s sole discretion may detract from the character, or nature of the Exhibition.
LABOR Rules and regulations for union labor are made by the local union and the regulations may be changed at any time. Where union labor is required because of building or contractor requirements, it will be necessary for the exhibitor to comply with the regulations.
MOVING PICTURES, SOUND DEVICES AND LIGHTING If moving pictures are used, the exhibitor agrees to comply with union requirements for the operation of the equipment. Sound movies will be permitted if tuned to conversational level and if not objectionable to neighboring exhibitors. The Management reserves the right to restrict the use of glaring lights or objectionable lighting effects. Audio and/or videotaping outside your designated booth space are strictly prohibited.
REMEDIES If Exhibitor fails to make any payment or otherwise breaches any provision of the Agreement and fails to cure within a reasonable time (as defined in the next sentence) after Exhibitor has received written notice from Show Management specifying the breach, Show Management shall have the right to exercise (without further notice) any one or more of the following remedies at any time after such reasonable time has passed: (i) cancel the Agreement in whole or in part; (ii) evict Exhibitor from any or all of the space being rented by Exhibitor; (iii) have any of the Agreement’s violated provisions specifically enforced; and (iv) exercise any other remedy available by rule of law. By “reasonable time” is meant: (i) immediately, in the case of any breach occurring during the Show, (ii) 24 hours, in the case of any failed payment; and (iii) five (5) days, in the case of any other breach. In addition, Show Management may keep any and all monies received from Exhibitor as liquidated damages, it being understood that S.E.E.’s losses and damages from Exhibitor’s breach of the Agreement are difficult to ascertain and that the agreed liquidated damages are not intended as a penalty. Upon cancellation of the Agreement, Show Management may (without prejudice to any other available remedy) rent Exhibitor’s space to another exhibitor, or use such space in any other manner, as Show Management deems necessary, in its sole discretion, without any obligation to Exhibitor.
UNOCCUPIED SPACE If any of Exhibitors space remains unoccupied on opening day, Exhibitor shall be deemed to have abandoned such space. Thereafter, Show Management shall have the right to rent such space to any other exhibitor, or use such space in any other manner, as Show Management deems necessary, in its sole discretion, without any obligations to Exhibitor. This section shall not be construed as affecting the obligation of Exhibitor to pay the full amount specified in the Agreement for space rental.
LIABILITY Neither Show Management nor its agents or representatives will be responsible for any injury, loss, or damage that may occur to Exhibitor or to Exhibitor’s employees, invitees, licensees, or guests, or Exhibitor’s property, from any cause whatsoever. Under no circumstances shall Show Management or its agents or representatives be liable for (i) any special, indirect, incidental, or consequential loss or damage whatsoever, or (ii) any loss of profit, loss of use, loss of opportunity, or any cost or damage resulting from any such loss. Exhibitor acknowledges that the risk allocations of this section are reasonable based on the understanding that Exhibitor shall obtain, as its own expense, adequate insurance against any such injury, loss or damage. Show Management shall not be liable for failure to perform its obligations under the Agreement as a result strikes, riots, acts of God, or any other cause of beyond its control. Anyone visiting, viewing, or otherwise participating in Exhibitor’s booth or exhibit is deemed to be the invitee, licensee, or guest of Exhibitor, and not the invitee, licensee, or guest of Show Management. Exhibitor assumes full responsibility to defend, indemnify, and hold S.E.E., and its respective privies, harmless from and against claims resulting directly or indirectly from the actions or omissions of Exhibitor and/or Exhibitor’s agents, employees, independent contractors, or representatives, whether within or without the scope of authority. There is no other agreement or warranty between Exhibitor and Show Management except as set forth in this document. The rights of Show Management under the Agreement shall not be deemed waived except through writing signed by an authorized officer of Show Management.
INSURANCE For the term of the Agreement, Exhibitor shall at all times maintain insurance sufficient to cover the liabilities of Exhibitor under the Agreement. The amount and scope of such insurance shall be reasonably satisfactory to Show Management. Such insurance shall also provide coverage for Exhibitor’s contractual obligations. Such insurance shall also provide coverage for Exhibitor’s contractual obligations to defend, indemnify, and hold harmless, as stated in the Agreement. Show Management shall be added as an additional insured to such insurance. Exhibitor’s insurer shall confirm to Show Management that such insurance cannot be canceled or changed without thirty (30) days prior written notice to Show Management. Exhibitor agrees to provide Show Management a suitable certificate verifying that the required insurance is and will remain in force for the duration of the Show.
FORCE MAJEURE In case the Exhibition hall is damaged or destroyed by fire, the elements, or any other cause, or if circumstances make it unreasonably difficult for Show Management to permit Exhibitor to occupy the assigned space during any or the whole of the period covered by the Show, then during such circumstances Show Management, the building management, and their respective privies will be released and discharged from the obligation to supply space, and Exhibitor will be reimbursed a proportionate share of the booth rental previously received by Show Management from Exhibitor.
JURISDICTION AND ATTORNEY FEES Should any legal action be commenced to resolve any dispute under the Agreement: (i) Exhibitor hereby consents to venue and jurisdiction in the federal or state courts located in Atlanta, Georgia (headquarters of S.E.E.), and agrees that no such action may be brought in a forum not located in Atlanta, Georgia.
TAXES AND LICENSES Exhibitor shall be responsible for obtaining any licenses, permits, or approvals required under local, state, or national law applicable to Exhibitor’s activity at the show. Exhibitor shall be responsible for obtaining any tax identification numbers and paying all taxes, licenses fees, or other charges that may become due to any governmental authority concerning Exhibitor’s activities at the Show.
CANCELLATIONS In the event that Exhibitor wishes to cancel some or all of its allotted exhibit space, Exhibitor may request and Show Management may grant such cancellation, but only with the following understandings: First, all cancellations must be requested in writing and addressed to S.E.E. at the address below. Second, Show Management is not required to refund any portion of monies (the 50% deposit, full fee, or otherwise) previously paid by Exhibitor. Third, if Exhibitor’s cancellation request is received by Show Management after the Agreement has become effective, but before the final payment date, Exhibitor nevertheless agrees to pay the 50% deposit before such cancellation will become effective. Fourth, if Exhibitor’s calculation request is received by Show Management after the final payment date, Exhibitor nevertheless agrees to pay the full booth rental fee based on the original space requirements, before such cancellation will become effective. Show Management assumes no responsibility for having included the name of Exhibitor in the Show catalog, brochure, news releases, or other materials.
CHANGES If Exhibitor requests an increase of its booth space after the Agreement has become effective, Show Management will use reasonable best efforts to accommodate such request, subject to space availability, additional fee payment, and other circumstances. If Exhibitor requests a change that leads to a net reduction of booth space from original requirements, such request shall be covered by Cancellations Section above.
PAYMENT Full payment of booth rental must accompany application, unless otherwise stated by S.E.E.
OTHER MATTERS The Exhibition is owned and managed by S.E.E. (“Show Management”) whose main office is at 2970 Peachtree Road, N.E., Suite 750, Atlanta, Georgia 30305 USA. All matters not expressly covered in the Agreement are subject to the reasonable decision of the Show Management.
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