Exhibition Space Terms & Conditions
Definitions. As used in this Agreement, “Company” means the company or person applying for Event space or sponsorship. “Event” means the exhibition, convention, or other event identified above. “Venue” means the venue identified above. “Team K" means Team K Media LLC.
Acceptance and Agreement. This Application and Agreement (“Agreement”) constitutes a valid and binding agreement between the Team K and Company for Company to license exhibit space or booth(s) at the Event. Team K reserves the right to accept or refuse, in its sole discretion, any application for participation in the Event.
Payment. The full amount of the space, which is tiered depending on time of purchase, is due and payable at the time of signing this Agreement. All sales are final. Refunds are made at the sole discretion of Team K.
Passes and Extra Passes. As part of the negotiated package, Company will get 2 free passes to the Event. Additional passes will be available at a discounted rate of 50% off. Passes are available for purchase until the start date of the Event. Additional passes can be purchased online. Speak to your sales representative for the discount code.
Assignment of Space. Upon acceptance, Team K will attempt to place Company in a requested space and location. Space will be allocated on a first come, first served basis. Should circumstances make it necessary, in Team K’s sole discretion, it may move an already allotted space from one place to another, reduce the size of the space, close or alter the location of any exits or entries, carry through any structural alterations or make any other changes it deems appropriate in its sole discretion. If the contracted space is reduced by such changes, Company’s fee will be adjusted proportionately. Team K shall not be liable for errors in acceptance of application or allocation of space.
Dates of Event. Team K has the right to postpone, shorten, or cancel the Event. In the event of postponement or shortening of the Event, this Agreement shall be deemed valid for the new dates and duration and confers no right on the Company to withdraw from the Agreement. In the event the Event is canceled by Team K, the Agreement will be terminated with no liability to Team K except that Team K shall be obligated to refund fees paid by Company.
Confidentiality. The terms and conditions of this Agreement are confidential and cannot be disclosed to any third party without written consent.
Professionalism. Company will abide by all rules and regulations regarding the construction, maintenance, and tear-down of the exhibit space, as well as any rules and regulations promulgated, from time to time, by Team K or the Venue. Team K reserves the right to determine the suitability and appropriateness of all exhibits and the attire and conduct of all exhibit personnel and to regulate the same at its sole discretion. Company must provide the necessary safety items to protect attendees, other exhibitors, and all others from equipment that is operable or from any other material, processes, or operations that might cause bodily harm. Company will not use any copyrighted music or dramatic materials or any other property owned by a third party without first obtaining licenses for the use of the same. Company will not discriminate against any person in connection with admission to its booth, services rendered or privileges offered, on the basis of race, creed, ancestry, sexual orientation, disability, color, sex, marital status, age, religion or national origin.
Event Management. Team K will manage and coordinate all aspects of the Event space and may appoint any subcontractors or outside sources of supply as it deems fit to assist it in carrying out this responsibility. COMPANY SHALL NOT UTILIZE THE SERVICES OF ANY THIRD-PARTY CONTRACTOR WITHIN THE CONFINES OF THE EVENT SPACE UNLESS AUTHORIZED BY TEAM K.
Quality, Character, and Construction of Exhibit. Company shall cause its exhibit to display its products or services in a tasteful manner as determined by Team K in its sole discretion. Company shall limit its advertising, marketing, and distribution of samples and printed materials of any kind to its own exhibit space. The aisles, passageways, and overhead spaces remain strictly under Team K’s control and no exhibit materials or equipment, including but not limited to signs, decorations, banners, advertising materials and special exhibits, are permitted in any of these spaces without Team K’s express, written permission. Company shall construct its exhibit in conformity with law, the Venue’s rules and any additional and specific rules. Company shall change or alter its exhibit at the request or instruction of Team K or the Venue. The use of nails, duct tape or any adhesive, glue, or staples in the Venue space is not allowed in exposed molding or walls. Damage charges will be assessed by the Venue prior to the departure of the Company; therefore, questions regarding whether or not the use of nails or staples is necessary may be directed to the Venue. All signs and posters must be professionally printed and displayed (flip charts or handwritten signs and posters are unacceptable). Team K reserves the right to reject or later remove an exhibit based on, without limitation, Company’s failure to (a) initially construct its exhibit in conformity with all applicable laws, terms, and rules or (b) subsequently obey instructions pertaining to the exhibit’s quality, character, or construction. Team K reserves the right to restrict or remove any exhibit that Team K, in its sole discretion, believes is objectionable or inappropriate. Without limiting the foregoing, Company is solely responsible for ensuring that its exhibit is accessible to persons with disabilities, as required by the Americans with Disabilities Act and shall indemnify and hold Team K harmless from any consequences or liability for any failure by Company to do so.
Limitation of Liability. IN NO EVENT SHALL TEAM K OR VENUE OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, AFFILIATES AND ASSIGNEES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THEIR ACTS OR OMISSIONS OR ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT TEAM K OR THE VENUE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL TEAM K’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO TEAM K PURSUANT TO THIS AGREEMENT. CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT MUST BE MADE IN WRITING WITHIN THIRTY DAYS AFTER THE LAST DAY OF THE EVENT, AND FAILURE TO GIVE SUCH NOTICE SHALL CONSTITUTE A WAIVER OF ANY CLAIMS.
Indemnification. Company shall indemnify, hold harmless, and defend the Team K and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of or resulting from (a) injury to the person, property, or business of any person in connection with Company’s conduct of its exhibit, (b) Company’s construction or maintenance of an unsafe exhibit, (c) any act, omission, negligence, fault, violation of law or ordinance, or misconduct of Company, its employees, subcontractors, invitees or agents, or any breach by Company of any agreements, covenant, promises or other obligations under this Application and Agreement, (d) Company’s participation or presence at the Event and/or use of any of the Event facilities, (e) Any claim brought by any of its employees, agents, contractors, or invitees against an Indemnified Party in connection with such activity, or (f) Company’s actual or alleged infringement of the patent, trademark, copyright, or any other intellectual property rights of a third party including any claim resulting from the use of copyrighted music, dramatic materials, or other property which is used by Company in connection with the Event.
Listings and Promotional Materials. Company grants Team K a fully-paid, perpetual non-exclusive license to use, display, and reproduce Company’s name, trade names, and product names in any directory (print, electronic, or other media) that list the applicants participating at the Event and to use such names in Team K’s promotional materials. Team K is not liable for any errors or omissions in any show guide listings or descriptions. Team K shall also have the right to take photographs of Company’s booth space, exhibit, and personnel during, before or after the open hours of the Event and use such photographs for any legal purpose.
Recording of Event. Company acknowledges that the Event may be recorded and reproduced in any form (including but not limited to digital formats) and hereby authorizes Team K and its designees to record, transcribe, modify, reproduce, publicly perform, display, distribute, redistribute, and transmit in any form and for any purpose any such recording of the Event. Company hereby releases Team K and its designees from, and waives all claims it may have, now or in the future, in connection with such activities, and specifically waives any statutory restriction on waivers of future claims or moral rights.
Use of Event Insignia. Company may not reproduce the Event’s or Team K’s logo, name, marks, or other insignia on items, documents or advertising materials, without Team K’s prior written consent.
Cancellation of Event; Force Majeure. If Team K cancels the Event or is delayed or prevented from performing its obligations under this agreement by reason of (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) shortage of adequate power or transportation facilities, (j) failure of subcontractors to perform in timely fashion or (k) any other cause beyond Team K’s control, the performance of such obligation shall be excused and Team K shall not be liable for any expenditure, liability or loss incurred by Company. Cancellation by Team K for any other reason shall entitle Company to a full refund of all fees paid to Team K. No refund for cancellation shall be owed to any applicant that withdraws from the Event prior to its cancellation.
Assignment. Team K may assign this Agreement at any time. Company may not assign this Agreement or sell, transfer, assign or sublet to a third party all or any portion of its exhibit space without Team K’s prior written consent. Company shall not assign, sublease, sublicense or otherwise grant rights to a third party for use of the exhibit space without the prior written consent of Team K, which consent may be denied in its sole discretion. Any purported assignment, sublease, or sublicense in violation of this Section shall be null and void. No assignment, sublease, or sublicense shall relieve Company of any of its obligations hereunder.
No Representations or Warranties; Rules and Regulations; Entire Agreement. Team K makes no representations or warranties, express or implied, regarding the number, quality or character of persons who will attend the Event or regarding any other matters. Any and all matters pertaining to the Event and not specifically covered by the terms and conditions of this Agreement or set forth in the Event Manual are subject to Team K’s sole discretion. Team K may adopt, amend, or revoke any established rules and regulations from time to time, on reasonable notice to Company. Any such rules or regulations, including but not limited to those in the Event Manual or any communication from Team K to Company are hereby incorporated in this Agreement and have the same effect as if set forth herein. This Agreement, including but not limited to the Event Manual and any additional rules or regulations adopted by Team K, states the entire agreement between the parties and may not be amended without Team K’s written consent.