Exhibitor Agreement 2015 IMAGE Expo show!
Contents
1. and drayage utilities and building services ex hibitor display rules and move in move out schedules ICM makes no guarantees as to number of attendees and exhibitor must advertise promote his own business at the Expo EXHIBIT SPACE RENTAL FEE The rental fee for exhibit space is listed on side one of this document Other costs will include move in move out services utilities rental of tables chairs or other booth furnishings as well as advertising in the Official Show Directory and such costs are not included in the exhibit space rental fee PAYMENT Exhibit soace may be assigned by completing the Application Contract for Exhibit Space All Spaces must be paid for as agreed upon between ICM and the exhibiting firm with no refunds after exhibit soace is assigned and client further agrees to make NO CHARGEBACK CLAIM to any credit card company ICM is not responsible for what exhibitors showcase Acceptance of money by ICM under this contract is not binding upon the Show if said money is returned before acceptance of contract Verbal agreements or promises made by sales repre sentatives will not be binding on ICM 5 ASSIGNMENT OF SPACE Exhibit soace shall be assigned by ICM in its sole discretion for the Event ICM reserves the right to change the floor plan or to move an exhibitor to another booth location prior to or during the Event if ICM in its sole discretion determines that to do so is in the best interest of the Event Exhibi2. 2015 IMAGE Expo show May 17 amp 18 2015 Sunday 9 00am 6 00pm Monday 9 00am 4 00pm j George R Brown Convention Center RREA CO De Hall E PEEN yo 1001 Avenida De Las Americas a Houston TX 77010 Exhibitor Agreement International Conference Management Inc 13740 Highway 183 Building Austin TX 78750 P 512 249 5303 P 877 219 3976 F 512 249 5023 Company Name how it will appear in the SHOW Listing and sign Key Contact Show Contact Address City State Zip Code Phone Cell Fax Email Website Date Ist booth choice 2nd 3rd office use only assigned booth Please list all products amp Services to be displayed at the show any products services not listed are NOT authorized to display or sell Cost Breakdown Exhibit Space Rates Booth Price Please check box of selected space and call for space assignment O 10x10 1695 add corner 200 Show Directory amp Resource Guide Exhibitor Rates 2 pg Spread 1295 Bulk Soace O 10x20 2695 add corner 200 Back Cover 995 Show Directory Advertisement _____ _ _ lt O 10x30 3695 add corner 200 Inside Front 795 O 10x50 6025 Inside Back 795 r O 20x20 5095 Full Page 500 a a E E Dee O 20x30 7195 Half Page 250 Total OO O 20x40 9695 Design Rate 110 Hour O 20x50 11 995 O Bulk Space1200 sf 11 sq ft Badges must be picked up the day of move in This includes model badges Additional ba
3. dges are 20 per badge 10x10 Booth 4 badges 10x20 Booth 6 badges 10x30 Booth 8 badges 20x20 Booth 10 badges 20x30 Booth 12 badges 20x40 Booth 14 badges 20x50 Booth 16 badges FLOORING IS REQUIRED NO REFUNDS after the booth assignment Please see the back for Rules and Regulations By signing this contract YOU AGREE to the rules and regulations O Vertical or O Horizontal all ads are full color eeeeeoeeeeeeeeesgeneaenaeeeeee SPECIAL INSTRUCTIONS Payment Information Authorize to International Conference Management Inc Type of Card Amex VISA MC CYC Code Exp Date ____ Credit Card 222222 PARKING PASSES are not included See the exhibitor manual for more instructions and information Name as it is on Card Authorization Signature NO EXCLUSIVES are offered i TOTAL Sound must be kept at an acceptable limit based on show management Questions mary theimageexpo com No children under the age of 16 will be allowed on the show floor LIABILITY INSURANCE IS MANDATORY Please see back page for more information Office Use Only Amount Date Time Auth Batch 1 TERMS AND REFERENCE The Event is owned by ICM INC Image Expo produced and managed by ICM INC As used hereinafter the term Organiz er means collectively ICM INC Image Expo and each of their officers directors shareholders agents affiliates representa tives employees and assigns unle
4. ganizer 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 here by releases all of them from and covenants not to sue any of them with respect any and all risks losses damages and liabilities described in this paragraph 13 INDEMINIFICATION Exhibitor shall on a current basis indemnify defend with legal counsel satisfactory to ICM and hold harmless Organizer and the Event Facility from any and all claims demands suits li abilities damages losses costs reasonable attorneys fees and expenses which result from or arise out of or in connection with a Exhibitor s participation nor presence at the Event b any breach by Exhibitor of any agreements covenants prom ises 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 of viola tion 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 of or damage to property or the business or profits of Exhibitor whether caused by negligence intentional act accident act of G
5. gregate combined single limit for bodily injury and property damage including coverage for per sonal injury contractual and operation of mobile equipment products and liquor liability if applicable Certificates of insur ance with additional insured and primary coverage endorse ments satisfactory to Organizer shall be furnished to Organizer sixty 60 days before the first day of the Event The Certificates shall provide that the insurance may not be cancelled without 30 days advance written notice to ICM Exhibitor acknowl edges that the certificate of insurance requirement shall not be deemed waived nor shall Exhibitor be relieved of its obligation to provide such certificate even if Organizer provides Exhibitor with the benefits hereunder without having received such cer tificate from Exhibitor 12 ASSUMPTION OF RISKS RELEASES Exhibitor expressly assumes all risks associated with result ing 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 other wise 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 any subrogation claims by its insurer Neither Or
6. nstrations 16 LISTINGS AND PROMOTIONAL MATERIALS By exhibiting at the Event Exhibitor grants to Organizer a fully paid perpetual non exclusive license to use display and repro duce the name trade names and product names of Exhibitor in any directory print electronic or other media listing the exhib iting companies at the Event and to use such names in ICM pro motional materials Organizer shall not be liable for any errors in any listing or descriptions or for omitting Exhibitor from the direc tory or other lists or materials ICM may also take photographs of Exhibitor s booth space exhibit and personnel during before or after the open hours of the Event and use such photographs for any ICM promotional purpose 17 COPYRIGHTED MATERIALS Exhibitor 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 18 SOUND DEVICES 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 at traction animal or human or from operating such noise creat ing devices as bells horns or megaphones 19 CONTRACTOR SERVICES In the interest of making available the best qualified craftsmen in number
7. od theft mysterious disappearance or otherwise EXHIBITION RULES AND REGULATIONS 14 TAXES AND LICENSES Exhibitor shall be solely responsible for obtaining any licenses permits or approvals under federal state or local law applica ble to its activities at the Event Exhibitor shall be solely respon sible for obtaining 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 gov ernmental authority in connection with its activities at the Event Exhibitor will not permit the delivery of merchandise at the Event Facility without the express permission of ICM 15 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 Exhibitor agrees to exhibit only products which it manufactures represents or distributes All exhibits shall display products or ser vices in a tasteful manner Uniformed attendants models and other employees must remain within the booths occupied by their employers Any and all advertising distribution must be made from Exhibitors booth Balloon and stickers are prohibited in the exhibit area Handouts with gummed backing that ad heres or causes Adhesion are considered stickers Equipment must be arranged so that visitors do not stand in the aisle while examining equipment or watching demo
8. of all liabilities of Organizer to Exhibitor Refunds shall not be made for partial cancellations or reductions in the size or scope of the Event Any exhibitor who cancels this con tract prior to any cancellation of the Event by ICM shall not be entitled to any refunds 9 CHANGES TO THE EVENT ICM reserves the right to re name or re locate the Event or change the dates on which it is held If ICM changes the name of the Event to another event facility within 50 miles of the Event Facility or changes the dates for the Event to dates that are not more than 90 days earlier or 90 days later than the dates on which the Event originally was scheduled to be held no refund will be due to Exhibitor If ICM elects to move the Event to an event facility more than 50 miles away from the event Facility or to reschedule the Event to a date more than 90 days earlier or 30 days later than the Event Dates ICM shall refund to Exhibitor its exhibitor soace rental payment previously paid in full satis faction of all liability of Organizer to Exhibitor 10 EXHIBIT SPACE OCCUPANCY Hours and dates for installing occupying and dismantling ex hibits shall be those specified by ICM If Exhibitor fails to install its display in its assigned space or leaves its soace unattended during the Event hours ICM shall have the right to take posses sion of the space and no refund will be due to Exhibitor All ex hibits must be open for business during the Event hours E
9. ontract immediately by written notice in the event of breach or anticipatory breach by Exhibitor of any of the terms and conditions set forth herein including Exhibitor s failure to make a payment when due under the terms of the contract and to remove or restrict an exhibit that ICM in its sole discretion considers objectionable or inap propriate In the event ICM terminates the contract or removes or restricts and exhibit as provided herein no refund will be due to Exhibitor ICM is expressly authorized but has no obligation to occupy or dispose of any space vacated or made available by reason of action taken under this paragraph in such man ner as it may deem best and without releasing Exhibitor from any liability hereunder In addition ICM in its sole discretion may refuse to consider for participation in future events an Exhibitor who violates or fails to abide by the contract 8 CANCELLATION OF THE EVENT ICM may cancel all or any part of the Event or reduce the amount of space allocated to the Event for any reason in its sole discretion and for acts beyond its reasonable control such as acts of God acts of war governmental emergency labor strike or unavailability of the Event Facility If the Event is cancelled in its entirety this contract shall automatically terminate and ICM shall refund to each exhibitor its exhibit soace rental payment previously paid minus a share of costs and expenses incurred in full satisfaction
10. s sufficient to handle all of the services necessary for the operation of the Event ICM has contracted on an exclusive basis official contractors to provide certain services Service Companies other than the official contractors will not be al lowed to perform any of these exclusive services Non exclusive services may be performed by exhibitor appointed contractors EAC within certain guidelines A complete listing of exclusive services and EAC guidelines will be provided in Exhibitor Ser vice Manual 20 ADDITIONAL TERMS AND CONDITIONS Except as provided to the contrary in this contract all monies paid by Exhibitor shall be deemed fully earner and non refund able at the time of payment Exhibitor shall conduct itself at all times in accordance with normal standards of decorum and good taste Any amendment to this contract must be in writing and signed by an authorized representative of ICM Exhibitor may not assign this contractor any right here under nor may Exhibitor sublet or license all or any portion of its exhibit soace 21 GOVERNING LAWS 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 his contract or the breach of any provision of this contract E
11. ss the context requires other wise The term Exhibitor means collectively i the company or person that applied for exhibit soace rental and agreed to enter into this contract upon acceptance by ICM in the manner stated below and ii each of its officers directors sharehold ers employees contractors agents representatives and or invitees as applicable 2 QUALIFICATIONS OF EXHIBITOR ICM in its sole discretion determines whether a prospective ex hibitor is eligible to participate in the Event Eligibility is generally limited to persons or firms who supply products and services to the health beauty and personal care industry Applicants who have not previously exhibited at the Event may be required to submit a description of the nature of their business and the items to be exhibited 3 CONTRACT ACCEPTANCE This contract shall become binding and effective only when it has been accepted by a duly authorized representative of ICM Payment must be received in full in order to permit Exhibitor to move in and set up and or occupy the booth space allocated 4 EXHIBITOR SERVICE MANUAL ICM will offer access to the Exhibitor Service Manual to the Pri mary Contact listed on the front of this contract The Exhibitor Service Manual will include information integral to participation at the Event including but not limited to additional exhibitor rules and regulations official contractor order forms registra tion shipping
12. tor shall have no claim for compensation or refund as a result of any changes 6 CANCELLATION BY EXHIBITOR Exhibitor upon signing the Application for space shall be re sponsible for payment Because these dates are related to the Event Dates and not to the date of this contract these dates shall apply regardless of the date on which this contract is ex ecuted This amount is considered to be liquidated and agreed upon damages for the injuries ICM will suffer as a result of Exhibi tor s cancellation and not a penalty The parties understand that the withdrawal of the booth space reserved from availabil ity at a time when other parties would be interested in applying for it will cause ICM to sustain damages In this situation the ICM damages will be substantial but they will not be capable of determination with mathematical precision Therefore the provisions for liquidated and agreed upon damages have been incorporated into this contract as a valid pre estimate of these damages The date of cancellation shall be the date ICM re ceived the notice ICM reserves the right to treat an Exhibitor s downsizing of booth space as cancellation of the original soace and purchase of the new booth space An Exhibitor may be required to move to a new location if it requests a downsizing of space ICM reserves the right to hold refundable amounts until completion of the Event 7 CANCELLATION BY ICM ICM reserves the right to terminate this c
13. xhibitor may not dismantle the display until the Event is officially closed by ICM No property may be removed from the Event before the Event ends After the close of the Event all exhibits shall be removed and cleared from the exhibition soace and vacant possession of the exhibition space shall be delivered and made available to Exhibitor Any property remaining may be sold or otherwise disposed of by ICM at the Exhibitor s expense Exhibi tor 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 Any penalty or other charge as sessed against Organizer by the Event Facility or any contrac tors for failure of Exhibitor to comply with the terms of this con tract shall be borne together with collection and enforcement costs by Exhibitor 11 INSURANCE Exhibitor shall at its own expense secure and maintain through the term of this contract including move in and move out days the insurance listed below All such insurance shall be primary of any other valid and collectible insurance of Exhibitor and shall be written on an occurrence basis Claims made policies are not acceptable and do not constitute compliance with Exhibi tor s obligations under this paragraph A Workers Compen sation insurance in statutory amounts B Comprehensive Gen eral Liability insurance with limits not less than 1 000 000 each occurrence 2 000 000 ag
14. xhibitor waives any right to assert lack of personal or subject matter jurisdiction and agrees that venue property lies in Texas 22 COUNTERFEIT AND PROHIBITED GOODS The Exhibitor shall not exhibit at the Exhibition any counterfeit goods or any goods which infringe any third party s intellectual property rights Infringing Goods or any goods which are prohibited or restricted by local laws or regulations where the event takes place Prohibited Goods The exhibitor takes full responsibility to ensure compliance with the Organizer rules set out in this section The Exhibitor agrees to indemnify and hold harmless the Organizers arising out of the Exhibition of any In fringing Goods or Prohibited Goods by the Exhibitor or acts by third parties as a consequence there of Exhibitor is responsible to show proof of legal ownership or distribution rights if request ed by Organizer In the absence of said proof Organizer may remove the offending items from display 23 COMPANIES REPRESENTED AT THE EVENT The Exhibitor is not permitted to have an additional company or organization represented at the booth without prior written approval from ICM In order to share a booth a minimum of 100 square feet must be purchased Sharers must fill out the booth sharing portion of the contract This portion of the contract must get approval from ICM
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