Terms & Conditions for From the Cradle to College Family Expo 2008
EXHIBITOR ELIGIBILITY: The mommywood.com ‘From the Cradle to College Family Expo 2008’ (EXPO) is a family interests based event. Exhibitors not serving the family audience or meeting the EXPO’S standards may not be approved to exhibit. Eligibility is at the discretion of the EXPO Producer. Producer reserves the right to decline any application for any reason.
EXHIBITOR FEE AND PAYMENT: Exhibitor fees are outlined on the Exhibitor Registration Form (ERF) on http://www.regonline.com/Checkin.asp?EventId=625415 and at http://www.mommywood.com/content/node/910. Exhibitor must complete the (ERF) online, check the Terms & Conditions Box and submit either a 50% or $300.00 minimum deposit, whichever is greater in order for their registration to be complete. ERFS submitted without payment of deposit are null and void. All registrations submitted with a deposit and accepted by Producer are binding and no refund will be made unless the registration is declined by mommywood.com From the Cradle to College Family Expo 2008 “Producers”. In the event an application is declined, any deposit will be reimbursed within 3 business days of funds clearing. Any application that is accepted based on information provided during the registration process that is later deemed ineligible based on false information being provided or changes made from the time of the registration are not eligible for reimbursement.
All Exhibitors will be required to keep a valid credit card on file with EXPO production office for incidentals and additional charges due to the EXPO. Exhibitor may opt to pay additional charges with cash or check.
EARLY REGISTRATION DISCOUNT: All Exhibitors registering by June 15, 2008 will receive a 10% discount on booth prices only. Discount is automatically processed at registration checkout if registering online at regonline.com. If you wish to register via U.S. mail, please email exhibit@mommywood.com with your contact information, including telephone number and we will contact you with further instructions.
BALANCES: All balances for Exhibitor fees including booth, electrical, tables, chairs, etc. must be paid in full by August 1, 2008. Any Exhibitors registering after August 1, 2008 must pay balance in full at time of registration. Any outstanding balances will be charged to Exhibitor’s credit card on file after August 1, 2008. Late registration fee applies for registrations made after August 1, 2008.
BOOTH ASSIGNMENT: Exhibitor booth location assignment is at the discretion of the EXPO Producer and subject to change at any time before EXPO. Every attempt will be made to honor requests on a First Come First Served basis. No refunds or discounts will be granted for relocated booths.
CANCELLATION OF EXPO: In the event the EXPO is canceled because of reasons beyond the control of the EXPO Producers, deposits will be returned to Exhibitors after deducting all related expenses incurred by the Producers as of the date of cancellation. No refunds will be made to Exhibitors if the EXPO is canceled, postponed, curtailed or abandoned due to an act of war, insurrection, terrorism, radioactive contamination, seepage, pollution and/or contamination. This non-reimbursement clause is mandatory per the EXPO’S exclusions in coverage in its cancellation insurance.
FORCE MAJEURE: If the location or any part of the exhibit area thereof is unavailable whether for the entire event, or a portion of the event, as a result of fire, flood, tempest or any other such cause or as a result of governmental intervention, malicious damage, acts of war, strike, terrorism, lock-out, labor dispute, riot or any other cause or agency over which the EXPO Producer has no control, or if the EXPO Producer decides that because of any such cause it is necessary to cancel, postpone, or re-site the Exhibit, or reduce the installation time, exhibit time, or move-out time, EXPO Producer and its agents and assignees shall not be liable to indemnify or reimburse the exhibitor in respect of any damage or loss, direct or indirect, arising as a result thereof.
EXHIBITOR CANCELLATION: No refunds will be made for Exhibitor cancellations.
USE OF SPACE: Exhibitor agrees to use the booth space in accordance with all EXPO rules and all rules and regulations of the City of Los Angeles. Exhibitor agrees to display, advertise, sell, market and distribute only the products and services specifically listed by Exhibitor in the ERF. Exhibitor's advertisers, media partners, affiliates, or other third parties that may be directly or indirectly affiliated with, or in any way related to Exhibitor, may only participate with the prior written consent of the EXPO Producer. Exhibitor shall not assign, sublet, lease, license or otherwise share booth space. Any violation of this paragraph will result in forfeiture and cancellation of all rights of Exhibitor under this Agreement, and additional charges may be incurred. Booths and/or display structures must be in strict compliance with the specific dimensions and restrictions provided in the Exhibitor Guidelines, which will be provided via email prior to the EXPO. Equipment displays and structures shall not extend into aisles or obstruct pedestrian traffic or visibility of adjacent booths. Display material exposing an unfinished surface to a neighboring booth is not permitted. The EXPO Producers may also restrict or prohibit with or without cause, any exhibit, person, or booth space in its entirety, or partially, that is not in compliance with guidelines or in the spirit of the EXPO at the Producer’s discretion. In the event of any such objection, restriction or prohibition, or eviction, Expo and its Producers shall not be liable to, or responsible for any losses, damages or expenses directly or indirectly incurred by Exhibitor.
EXHIBITOR'S RESPONSIBILITIES: Exhibitor shall comply with each and every term of this contract, as well as applicable rules, regulations, guidelines, by-laws, ordinances, or regulation of any town, city, state, administrative, regulatory or governing body. Exhibitor acknowledges that the EXPO Producer has complete discretion in making the final decision with regard to implementation and/or enforcement. Exhibitor is responsible for payment of labor, equipment and services ordered at the request of the Exhibitor from service contractors including but not limited to electricians, decorators, shippers, material handling companies and photographers. Exhibitor specifically agrees to observe all labor relation agreements between the EXPO Producer and third party contractors serving the EXPO. Exhibitor shall at all times observe the labor laws of the jurisdiction of Los Angeles, CA. All electrical wiring on booths and equipment must conform to federal, state, municipal and any other applicable codes or laws. Exhibitor will comply with rules and regulations set forth by the EXPO Producer’s contracted electricians. Only contractors approved by the EXPO Producer may work at the EXPO.
SELLERS PERMIT: If you are not a Los Angeles based retailer and will be selling merchandise from your booth, a special temporary seller’s permit is required from the City of Los Angeles. There is no fee for this permit, but an application must be completed by the Exhibitor and submitted to ‘EXPO’ Producers by August 15, 2008. Permit applications can be downloaded at http://www.boe.ca.gov/info/reg.htm# Proof of Permit may be emailed to exhibit@mommywood.com or faxed to (818) 583-1764
SETUP: Exhibitors may start setting up at 6:00 am on September 20, 2008 and setup must be complete by 9:30 am on the same day. Exhibitors assume all liability for merchandise left in their booth at all times. EXPO Producer strongly recommends keeping booths manned at all times after setup. All booths must be manned at all times during EXPO hours.
TEAR DOWN: Exhibitor must start tear down at 5:01pm on September 20, 2008. Exhibitor tear down must be complete by 6:30pm on the same day, including removal of all materials and trash. Exhibitors who do not remove all materials (excluding those provided by EXPO) and trash will be charged at an hourly rate of $40.00 an hour for removal and clean up provided by EXPO Producer.
BOOTH MANNING: Exhibit Booths must be manned at all times during EXPO hours. No early or late setup or tear down or temporary closures are allowed. Failure to comply may result in removal from the EXPO at the sole discretion of EXPO Producer and no refunds will be given. Each Exhibitor working a booth must have an official EXPO name badge. Number of badges provided is based on package purchased. Booth furnishings rented (i.e. tables, chairs, etc.,) will be delivered to and picked up from Exhibit booths by the EXPO’S services company at no additional cost to Exhibitor.
BOOTH SIGNS: All Exhibitors must provide professionally produced booth signs. No hand written signs will be permitted.
LIMIT OF LIABILITY: Exhibitor agrees to pay promptly for any and all damage to the EXPO’S property or that of the EXPO’S affiliates, assignees, service providers, City of Los Angeles or its equipment, incurred through carelessness or otherwise, caused by the Exhibitor, his/her/its employees, agents, contractors, and representatives. Exhibitor acknowledges that neither the EXPO, Producer, nor the City of Los Angeles assumes any responsibility for damage, destruction, theft or loss of Exhibitor's property. Accordingly, it is the sole responsibility of the Exhibitor to obtain fire, theft, liability, business interruption, property damage and/or other insurance covering such and other losses. It is expressly understood by Exhibitor that neither the EXPO, Producer, City of Los Angeles, nor its employees, agents, or representatives shall be responsible for, or otherwise liable for damage or injury to Exhibitor, including Exhibitor’s guests, invitees or agents person, business or property as a result of robbery, fire, water, accident or any other cause whatsoever. Should loss occur, Exhibitor is encouraged to report it immediately to attendant security. If the Exhibitor's exhibit material or personnel fail to arrive, Exhibitor is nevertheless responsible for the Booth Fee, and no refund shall be given. Exhibitor expressly holds the EXPO, Producer and the City of Los Angeles harmless and hereby releases both parties from any and all claims and actions, including without limitation, claims and actions arising out of the postponement or cancellation of the EXPO. Notwithstanding the foregoing, in the event this contract or any of these terms of this contract are not enforceable by a court of competent jurisdiction, Exhibitor hereby expressly agrees the maximum liability of the EXPO, Producer and the City of Los Angeles arising out of any tort, contract, legal or equitable claim or cause of action whether cumulative or singular, joint or severally, shall be limited to Exhibitor's Booth Fee paid to the EXPO for the booth space.
INDEMNITY AND INSURANCE: Exhibitor will protect, indemnify, defend, save and hold harmless mommywood.com and the “From the Cradle to College Family Expo” Producers and the City of Los Angeles and its parents, affiliates, agents, officers, and employees against all claims, liabilities, losses, damages, governmental charges, and costs (including attorneys' fees and court costs) arising out of, caused by, or related to (1) Exhibitor's participation in the EXPO or Exhibitor's installation, removal, maintenance, occupancy, or use of the Facility or any part thereof; (2) any act or omission to act of Exhibitor or its guests, invitees, employees, agents, or contractors; (3) the use of any patents, trademarks, copyrights, or other intellectual property rights owned by a third party; or (4) any breach by Exhibitor or the EXPO of its obligation under this Agreement. Exhibitor will protect, indemnify, defend, and save the EXPO, Producer and the City of Los Angeles including its affiliates, divisions and employees and agents, harmless against all claims, losses, and damages to persons and property, governmental charges and fines and attorneys' fees arising out of or caused by Exhibitor's negligence, recklessness, or intentional misconduct during the installation, removal, maintenance, occupancy or use of the Facility or any part thereof, excluding any such liability caused by the negligence, recklessness, or intentional misconduct of the City of Los Angeles, or its divisions, employees or agents. Exhibitor will maintain a policy of commercial general liability insurance including coverage for bodily injury and death, completed operations, personal injury liability and product liability coverage, with limits of at least $1,000,000.00 per occurrence, listing mommywood.com and the From the Cradle to College Family Expo 2008, the City of Los Angeles and all their respective parents, partners, affiliates, subsidiaries, divisions, employees, agents and representatives as "additional insured" as respects the operations of Exhibitor or Exhibitor's contractors. Proof of this policy must be either emailed to exhibit@mommywood.com or faxed to the EXPO production office at (818) 583-1764
AMENDMENT OF RULES: This agreement may only be amended in writing issued by the EXPO Producer. In the event an amendment needs to be written to this agreement due to relations with third party contractors, the Exhibitor will receive written notification via email. The EXPO Producer and mommywood.com reserve
the right to make changes, amendments and additions to these rules at any time and all changes, amendments and additions so made shall be binding on the exhibitor with the provision that all exhibitors will be advised of any such changes. Any matters not specifically covered herein are subject to decision by the From the Cradle to College Family Expo (EXPO) Producer.
MISCELLANEOUS: These items and any rules and regulations of the EXPO or the City of Los Angeles constitute the entire agreement between Exhibitor and mommywood.com and the From the Cradle to College Family Expo 2008 (EXPO) Producer and such Agreement may not be modified except in writing signed by the parties hereto. If any provision is invalid or unenforceable under applicable law, it is to that extent deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will be construed in accordance with the law of the State of California, regardless of the location of the Exhibit or Exhibitor in any claim, action or proceeding shall be commenced in the State of California. Exhibitor understands and acknowledges that this application becomes a binding Agreement when accepted either in writing or by website acknowledgment by the EXPO Producer. Exhibitor has read, understood, and agree to be bound by the terms and conditions of this agreement. Nothing contained herein shall create or be construed as creating a partnership, agency or joint venture relationship between the parties hereto and no party will have the authority to bind the other in any respect. Each party will be solely responsible for all wages, income taxes, worker's compensation or their requirements for its respective personnel. Each party represents that it has the full right, power and authority to enter into and execute this Agreement and to perform its obligations hereunder.