I. THIS AGREEMENT shall be subject to and subordinate to the lease and rules and regulations between the selected “Convention Facility” and “HAuNTcon,” for the period of the exposition. The term “Exposition” as used herein shall mean HAuNTcon. The term “Exhibitor” shall refer to the party contracting hereunder for said exhibit space, the term “Convention Facility” shall refer to the hotel and/or exposition building in which HAuNTcon is to be held. (Note: For the purposes of this agreement, “person” means any natural person or any corporation, partnership, foreign or domestic business entity.)
II. PAYMENT REQUIREMENTS:
A. PAYMENT for all booth space, program advertising, sponsorship, fees, and/or additional registrations MUST be PAID IN FULL before the exhibit company will be allowed to occupy the assigned booth space.
B. NO REFUNDS will be provided for program advertising, sponsorship, fees, or additional registrations after payment. Partial refunds for booth space may be available IF the Exhibitor provides notice at least 30 days prior to show opening.
III. USE OF ASSIGNED SPACE: It is expressly agreed that exhibit space is assigned under this contract subject to the following terms and conditions:
A. All exhibits in the HAuNTcon exposition shall be officially housed in the specified convention facility.
B. All exhibit space assigned under this contract is for the SOLE AND EXCLUSIVE USE OF THE UNDERSIGNED EXHIBITOR. Exhibitor shall not reassign, sublease or share his assigned space with any other person or company. Exhibit space is assigned on the expressed understanding that it is to be used solely for the display of the products and/or services that the Exhibitor holds out for sale. Use of the assigned space for the display of products or persons other than the Exhibitor is a violation of this contract, and cause for exhibitor removal from the exhibit space.
C. Exhibitor shall display his products and/or services only in the designated exhibit area assigned in this contract. Exhibitor is expressly prohibited from displaying his products in any other space in or around the facility without written permission from the HAuNTcon management staff.
D. HAuNTcon holds the absolute right to require any Exhibitor to change, alter, modify, or remove any or all parts of Exhibitor’s display, which HAuNTcon, in its sole discretion, deems unsuitable for the exposition or bothersome to the other exhibitors; including but not limited to signs, cards, fog machines, animations, air cannons or other material, stands, display cases, physical structures, booth configuration or items being displayed by Exhibitor.
E. HAuNTcon reserves the right to alter locations of Exhibitors or of booths as shown on the official floor plan, if deemed necessary, in the best interest of the exposition generally. HAuNTcon reserves the right to fill space vacancies occurring for the reason of non-arrival or late arrival of the Exhibitor.
IV. SPECIAL SERVICES: HAuNTcon shall provide the following items and services to the exhibitor without any additional charge: (NOTE: Forms and fees must be completed and submitted no later than 30 days before the official opening of HAuNTcon)
A. HAuNTcon will furnish Exhibitor one (1) pipe and draped booth space per booth ordered (see sizing on booth application) and one (1) standard six (6) foot draped table.
B. HAuNTcon will include Exhibitor’s name, booth number and company description in its official event directory, only if the information is formally submitted and fees paid prior to publisher’s deadlines.
C. Exhibitor with one (1) standard 7” x 44” booth sign bearing Exhibitor’s company name, and booth number.
D. Upon receipt of Exhibitors completed HAuNTcon application form HAuNTcon will provide rotating banner ad space on the www.hauntcon.com web site.
E. Exhibitor must obtain any and all needed labor, furnishings, electrical, wiring, lighting, decorations and other supplies and equipment through the in house exhibit company. All charges for such services are the sole responsibility of the Exhibitor, and exhibitors are NOT allowed to bill through HAuNTcon, nor shall HAuNTcon assume any responsibility for them under any circumstance.
V. LIABILITY FOR LOSS, THEFT, PROPERTY DAMAGE OR DESTRUCTION AND PERSONAL INJURY:
A. Exhibitor hereby agrees to hold harmless and waives any and all claims against HAuNTcon and the selected Convention Facility resulting from loss, theft, damage, or destruction of its property, or from personal injuries to it, its agents or employees.
B. Exhibitor assumes full and complete responsibility for any damage or destruction of property of others, or from Exhibitors participating in HAuNTcon event during the applicable dates. Exhibitor hereby waives any right of indemnification against HAuNTcon and the selected Convention Facility for any and all claims arising from exhibiting at HAuNTcon.
VI. INSTALLATION AND DISMANTLING OF EXHIBITS: (See installation and dismantling dates and times of Exhibitor Booths in the HAuNTcon Exhibitor Packet).
VII. INSURANCE: Exhibitor is required to purchase liability insurance against injury during the dates of the conference, and to hold harmless, HAuNTcon and Convention Facility. It is expressly acknowledged that HAuNTcon has not purchased insurance of any kind for the benefit of the Exhibitor, nor is it under any obligation whatsoever to do so.
VIII. STRIKES AND LABOR DISPUTES:
A. Exhibitor shall obey all applicable union labor requirements prevailing in the selected Convention Facility at the time HAuNTcon is held.
B. Exhibitor shall take steps deemed necessary by HAuNTcon to avert or mitigate a strike or other labor dispute.
IX. EXHIBITOR’S RESPONSIBILITY FOR ADDITIONAL CHARGES: The following charges are the sole and direct responsibility of Exhibitor. HAuNTcon shall incur no responsibility or liability with respect to:
A. Any expense incurred as a result of partial or total evacuation of Exhibitor from the selected exhibit facility.
B. Any expense required for Exhibitor to comply with any federal, state or local government regulation.
C. Any expense required for Exhibitor to comply with any regulation imposed by the selected Convention Facility.
D. Any expense incurred by Exhibitor due to a strike or labor dispute.
X. CHANGE OF TIME OR PLACE: HAuNTcon reserves the right to change the location and the time of the exposition, provided that it give Exhibitor immediate mailed notice of such change.
XI. CANCELLATION: Upon acceptance by HAuNTcon, this contract is binding. No refund will be executed to Exhibitor unless specified by HAuNTcon.
A. HAuNTcon has the absolute right to cancel this contract if Exhibitor fails at any time to comply with any or all of the terms, provisions or conditions of this agreement. Such cancellation shall be without liability on the part of HAuNTcon.
B. HAuNTcon has the absolute right to cancel the contract in the event that the performance is rendered impossible by any circumstances beyond the control of HAuNTcon, including but not limited to acts of God, government, or public enemy; strikes or other labor disputes; or the selected Convention Facility’s inability to provide space. Such cancellation shall be without liability on the part of HAuNTcon provided that HAuNTcon refund Exhibitor for fees paid to date.
XII. EXHIBITOR’S RESPONSIBILITY FOR EXPENSES AND ATTORNEY’S FEES: Exhibitor shall be liable to HAuNTcon for any and all expenses incurred by HAuNTcon in exercising and/or enforcing any of its rights under this contract, or incurred by HAuNTcon as a result of Exhibitor’s violation or failure to comply with all the terms of this contract, including all court, mediation and attorney’s fees.
XIII. RULES AND REGULATIONS:
A. HAuNTcon reserves the right to adopt any rules or regulations which it may deem necessary in order to facilitate the smooth and effective operation of the exposition. Exhibitor hereby agrees to abide by any such rules or regulations, as if they were fully set forth herein. The rules and regulations will be furnished to the Exhibitor upon his request.
B. HAuNTcon reserves the right to refuse admittance to the exposition, of any person, group of persons or organization, for any reason, without explanation or appeal.
C. HAuNTcon reserves the right to restrict, refuse or expel at any time, exhibits that in its sole judgment detract from the general character of the exposition. This reservation includes products, things, conduct, printed materials, or anything of a character that HAuNTcon deems objectionable or detrimental. The decision of HAuNTcon being final in this matter.
D. Exhibitor agrees to comply with any rules of the selected Convention Facility, and all rules, regulations, licensing and regulation for any item being sold at the conference.
XIV. SPACE ASSIGNMENT: HAuNTcon shall have the right to assign exposition space as HAuNTcon deems appropriate. Exhibitor shall have no right to any space unless and until an application for exhibit space has been duly executed by HAuNTcon and all Exhibitors and exhibits have complied with a financial and other explanations under this contract.
XV. THIS AGREEMENT contains the entire agreement between the parties and for all purposes shall be deemed to have been executed under and subject to and constructed in accordance with the laws of the State of Texas. The parties stipulate and agree that the venue for any dispute arising out of this agreement shall be in Orange County, Florida.