Information for Exhibitors
Trade Show Management
Creative Screenwriting
Magazine, the Screenwriting Expo, and their parent organization, Inside
Information Group, Ltd., are referred to collectively below as “The
Expo.”
These Rules and Regulations are incorporated into and are part of any contract for exhibit space at the Screenwriting Expo:
1. All merchandise and services offered or sold at the Expo must be discounted
at least 10% from their regular retail prices.
2. It is agreed that
the conditions, rules and regulations printed on this License or any
attachments hereto, and in any Exhibitors' manual, as any of such may
be amended from time to time, are made a part of this agreement as
though fully incorporated herein, and Exhibitor agrees to be bound by
such. It is understood and agreed that The Expo is not the owner of the
Premises and is not responsible for providing any services to the
Exhibitor other than as specified in these Rules and Regulations. The
Expo shall not be liable to the Exhibitor if any services are not
provided by the owner of the Premises and the Exhibitor agrees to hold
harmless and indemnify The Expo against any claim with respect thereto.
It is understood and agreed that this agreement shall not in any way be
construed so as to create a Landlord-Tenant relationship between the
parties hereto.
3. The Exhibitor hereby covenants and agrees to
furnish proof of insurance at least seven (7) days prior to occupancy
of the Premises in the minimum amounts of $25,000 property damage and
$100,00 - $300,000 general liability and personal injury, and workman's
compensation insurance to cover Exhibitor's employee(s). The Expo and
the owner of the Premises shall be named as additional insured; each
shall be held harmless by the Exhibitor for any damages or injuries
caused by the Exhibitor, its agents, servants, employees, guests and/or
invitees. The insurance shall be maintained for, and cover the full
period of occupancy in the Premises by the Exhibitor, its agents,
servants employees, guests and/or invitees. If the Convention
Center has increased its minimum required liability insurance above
these limits, The Expo hereby incorporates such higher liability
limits.
4.
Reservations for exhibit space and the choice and allocation of
individual exhibit spaces are on a first-come, first-served basis, with
this exception: The Expo, in its sole discretion, may reserve, assign,
and allocate exhibit spaces to meet prior agreements or to improve
traffic flow or to reserve and use space for itself, or for such
practical necessities as separating direct competitors' exhibit booths.
“First come” above is defined as receipt of the 50% deposit and an
exhibit agreement as defined in paragraph 7 below.
5. In any case,
Exhibitors must pay The Expo in full for reserved exhibit space no
later than 35 calendar days before on-site registrations open, which in
2008 is September 19, 2008. The Expo may, at its sole discretion,
re-sell any space not paid for in full by September 19, 2008, or
allocate such space to paid Exhibitors, and may keep the non-refundable
payment under paragraph 7 below.
6. If Exhibitor does not occupy its space, The Expo is authorized
to occupy such space or to cause such space to be occupied as The Expo deems
is in the best interest of the Exhibition without in any way releasing Exhibitor
from any liability hereunder. The Expo reserves the right to relocate Exhibitor
to space other than that specified in this agreement. All payments by the Exhibitor
are non- refundable in the event Exhibitor cancels, withdraws, downsizes, defaults,
or its exhibit is not set up as of the opening of the Exhibition.
7. A non-refundable
payment of 50% of the total fee by the Exhibitor to The Expo is
required upon Exhibitor's return to The Expo of the License, in order
to reserve a booth. The balance is due by September, 19, 2008, (except
for payments by Exhibitors newly occupying space released for
non-payment after September 19, 2008). In any case, all payments
must be received before the opening day of the Exhibition, and
before the Exhibitor may set up its booth. If any default is made in
the payment of any amounts due The Expo under this agreement at the
times specified, or if any default is made by the Exhibitor in the
covenants or agreements herein contained, the rights of the Exhibitor
to utilize the Premise shall cease and terminate at the option of The
Expo; and the relationship of the parties shall be the same in all
respects as if said term had fully expired.
8. If the Premises are not fully occupied by the Exhibitor and set up for the
purpose described herein by the day before the Exhibition commences, the Exhibitor
shall have no rights in the Premises; time is of the essence; the relationship
of the parties shall be the same in all respects as if said term had fully expired,
and the Exhibitor, notwithstanding such failure to occupy shall pay the full
amount of payments due under this agreement as liquidated damages (and not a
penalty) as a result of the uncertain damages and difficulty in ascertaining
damages due to the breach of the Exhibitor.
9. The Expo shall have sole control over admission policies at all times.
10. The total liability of The Expo in connection with this agreement shall
be limited to payments made by the Exhibitor to The Expo under the terms
of this agreement. The Exhibitor agrees to indemnify The Expo and the owner
of the Premises against, and hold them harmless from, any claim or liability
of whatever nature, which may arise or accrue by reason of the acts or negligence
of The Expo and/or the Exhibitor, their agents, servants, employees, guests,
invitees and/or trespassers, and/or the use by the Exhibitor of the Premises,
including but not limited to loss, theft, damage or destruction of goods, injury
to the Exhibitor, its employees, servants, guests, invitees and/or third parties;
the Exhibitor acknowledges that it shall have insurance to cover such claims
and damages.
11. All applicable fire and safety laws and regulations must be strictly observed
by Exhibitor. Cloth decorations must be flameproof. Wiring must comply with
local Fire Department and Underwriters' Rules. Smoking in exhibits is forbidden.
Exhibitor shall not permit crowding or blocking of the aisles or fire exits.
No decorations of paper, pine boughs, leafy decorations or tree branches are
allowed. Acetate and most nylon drapes are not flameproof and may be prohibited.
No storage behind exhibits is provided or permitted. The Exhibitor will pay
for all necessary permits and licenses, including but not limited to union and/or
trade organization clearances. If the Exhibitor or any person employed by or
admitted to the Premises by the Exhibitor violates such laws, regulations and/or
requirements, such Exhibitor will immediately desist from and correct or cause
to be corrected such violation.
12. The Exhibitor shall not damage, nor mar, nor in any manner deface, said
Premises. The Exhibitor shall be liable for any such damage including but not
limited to those to the building floors, walls or columns, booth equipment,
and/or to any other property and will pay to The Expo upon demand such sum
as shall be necessary to restore said Premises. The Exhibitor hereby assumes
full responsibility for the character, acts and conduct of all persons acting
for or in behalf of the Exhibitor. Mechanical or electrical devices which produce
sound must be operated so as not to disturb other exhibitors. The Expo reserves
the right to determine the placement and acceptable sound level of all such
devices.
13. The Expo reserves, and at all times shall have, the sole right to operate
all concessions, to control or supervise radio and/or television broadcasting
or recording and transcription rights, and other privileges; the Exhibitor shall
not engage in or undertake such without the written consent of The Expo.
14.
The Expo reserves the right to enter any portion of the exhibit booth
and Premises and to eject any objectionable person or persons from the
booth and/or Premises; the Exhibitor hereby waives any right and all
claims against The Expo in connection therewith.
15. Exhibitor understands that all personal property must be removed in accordance
with the desires of The Expo and the drayage contractor. The Expo reserves
the right to remove or to have its designated agents remove from the Premises all effects
remaining in the Premises after the time designated by The Expo or the drayage
contractor at the sole expense of the Exhibitor and to store the same at the
sole expense of the Exhibitor, and without any liability therefore on the part
of The Expo, or its designated agents.
16. The Exhibitor shall not do or permit to be done anything in or upon any
portion of the Premises or bring or keep anything therein or hereupon which
will in any way increase conditions of an insurance policy upon the Premises
or any part thereof, or in any way increase the rate of fire or public liability
insurance upon the Premises or on property kept therein, or in any way obstruct
or interfere with the rights of others on the Premises, or injury or annoy them.
17. The Exhibitor shall not permit the Premises to be used for any improper,
immoral or objectionable purpose, including but not limited to the use of X-rated
adult, R-rated, and/or sexually provocative pictures, posters, literature, and/or
programming. Retail sales of such are prohibited during the Exhibition. Infraction
of any of these rules, at The Expo's option, will result in Exhibitor's booth
being repossessed by The Expo and the Exhibitor's rights hereunder shall immediately
terminate. The distribution of samples, souvenirs, publications, or other sales
or sales promotion activities must be conducted by Exhibitor only from within
its booth. The distribution of any articles that interferes with the activities
of, or obstructs access to, neighboring booths, or that obstructs aisles, is
prohibited.
18. The Exhibitor shall not assign this agreement or permit its space, or any
part thereof to be used by another, or use any portion of the Premises other
than herein specified without the written consent of The Expo. The Exhibitor
shall not exhibit, offer for sale, give as a premium, or advertise articles
not manufactured or sold in its own name, except where such articles are required
for the property operation of the Exhibitor's display, in which case identification
of such articles shall be limited to the regular nameplate, imprint, or other
identification which in standard practice appears normally on them. The Exhibitor
may not permit in its booth non-exhibiting companies' representatives. Ruling
of The Expo shall in all instances be final with regard to use of any exhibit
space.
19. The Expo, its representatives, employees and concessionaires shall at
all times have free access to the Premises and the booth.
20. The Expo, its representatives, and employees make no claim as to the
amount of traffic any Exhibitor will receive.
21. The Exhibitor shall pay the cost of all trash and packing waste removal
caused by its occupancy and shall employ only union labor, as made available
by official contractors, in the installation and dismantling of its exhibit
and in its operation when required by union agreement.
22. In case the Premises or any part thereof shall be destroyed or damaged
by fire or there shall occur any other cause that shall render the fulfillment
of this agreement by The Expo impossible, then and thereupon, this agreement
shall terminate and the Exhibitor shall pay for said Premises in the full amount
specified in this agreement. The Exhibitor hereby waives any claim for damages
or compensation of such termination. Should the exhibition not be held, for
reasons out of the reasonable control of The Expo, The Expo may retain
such part of the Exhibitor's payments hereunder as to compensate The Expo
for its expenses with respect to the Exhibition.
23. The building, including the Premises and the keys thereto, shall be at
all times under the charge and control of The Expo. Notwithstanding the above,
no liability shall accrue to The Expo as a result thereof.
24. The Exhibitor's booth representative shall be restricted to the employees
of the Exhibitor. Booth representatives shall wear badge identification furnished
by The Expo at all times. The Expo may limit the number of booth representatives
at any time.
25. Booth
representatives will not be permitted in the Premises earlier than one
hour before the scheduled opening time each day of the exhibition,
except the opening day, and will not be permitted to remain in the
Premises after the closing hour each night, with the exception of the
final night. Exhibitors having special problems that require additional
time should check in at The Expo's office on the previous day to
determine if The Expo will provide access. In the event Exhibitor fails
to remove its exhibit in the time allotted by The Expo, The Expo at its
option may at Exhibitor's expenses, ship the exhibit through a carrier
of The Expo's choosing to place the exhibit in a storage warehouse
subject to Exhibitor's disposition or to make any other disposition of
the exhibit as it may deem desirable, including but not limited to its
destruction without any liability to The Expo, and at Exhibitor's sole
expense.
26. Under no circumstances may the weight of any equipment or exhibit material
exceed the hall's maximum floor load.
27. The Expo shall have full discretion and authority in the placing, arrangement
and appearance of all items displayed by the Exhibitor, and may require the
replacing, rearrangement, or redecorating of any item or of any booth; no liability
shall be attached to The Expo for costs that may devolve upon the Exhibitor
thereby. Exhibitor must make certain that the surfaces of all display material
are finished in such a manner as not to be unsightly to Exhibitors in adjoining
booths. The Expo has the right to authorize the official decorator to effect
the necessary finishing and the Exhibitor must pay all charges to effect necessary
changes.
28. Hours and dates for installation and showing shall be those specified by The Expo.
29. The Exhibitor shall not conduct any activities in aisles or in booths other
than its own.
30. Samples, souvenirs, publications, advertising literature, and similar items may be distributed
by the Exhibitor only from within its booth. Equipment must be arranged so that
show visitors do not stand in the aisle while examining equipment or watching
demonstrations. No product of the Exhibitor or equipment or booth construction
may be so placed as to exclude the view of neighboring exhibits from visitors
passing through the aisles, as determined by The Expo.
31. Exhibitor, its employees, agents, and servants shall not use or permit
the use of alcoholic beverages on the Premises. The Expo reserves the right to
determine whether the character and/or attire of booth personnel is acceptable
and in keeping with the best interests of other exhibitors and the Exhibition.
Further, Exhibitor expressly agrees that it will not, nor will its employees
or representatives, conduct official Exhibitor functions in private rooms during
business hours of the Exhibition
32. No Exhibitors or advertising will be allowed to extend beyond the space
allotted to Exhibitor, or above the back and side rails of such space. In the
rear one-third of each booth, display material (including but not limited to
show case, display or storage cabinets, electrical fixtures, wires, and conduits)
may be placed up to a height not exceeding 8' from the building floor. In all
other portions of the booth, no display material shall exceed a height of 4'
from the building floor.
33. Exhibitors
may not place or hand out samples, souvenirs, publications, advertising
literature or similar items in any area of the premises outside the
exhibit hall except by separate written agreement with The Expo, and
then only at designated locations; nor shall any other person or
organization be permitted to do so. The Expo shall have the right
to remove any such materials, or any non-permitted displays, without
warning and dispose of them without compensation to the Exhibitor or
other person or organization.
34. The Exhibitor shall keep its booth clean and sightly in appearance.
35. All materials used by the Exhibitor shall be fire resistant, or fireproof.
36. No logos and no graphics are permitted on the side dividers of Exhibitor's
booth. If side surfaces remain unfinished as of 3:00 P.M. of the day before
the opening day of the Exhibition, The Expo shall authorize the official decorator
to effect the necessary finishing, and Exhibitor must pay all charges involved
thereby. In addition, if Exhibitor has not started setting up any of its displays
by 3:00 P.M. of the day before the opening day of the Exhibitor, The Expo reserves
the right to have such displays installed at Exhibitor's expense. All exhibits
shall be ready by the opening hour of the Exhibition. The Expo will not allow
any noise or moving of exhibits after the opening hour. No exhibit may exceed
the height limitations as set by The Expo. Any Exhibitor whose booth exceeds
the height limitation will be required to submit his plans in advance for approval
by The Expo if such plans include the use of unusual effects or methods of
presentation of the product as determined by The Expo.
37. Under no circumstances will the delivery or removal of any portion of an
exhibit be permitted during the show without permission first secured in writing
from The Expo.
38. The Exhibitor shall not have in his booth any displays, signs, literature,
or related media that refer to or describe employment opportunities in its company.
39. The Expo reserves the right to reject, eject, or prohibit in whole or
in part, or Exhibitor or its representatives, with or without giving cause.
40. Exhibitor shall employ only union labor, as made available by official
contractors in the installation and dismantling of its exhibit, and in its operation
when required by union agreements. An Exhibitor planning to building special
displays shall employ union display companies in their fabrication, carpentry
and electrical work in such displays which must bear A.F.L. - C.I.O. union labels.
In event of a dispute or disagreement between the Exhibitor and an official
contractor, or between the Exhibitor and a labor union or labor union representative,
or between two or more Exhibitors, all decisions of The Expo shall be binding
on the Exhibitor. Exhibitor is liable for all damage that may arise for failure
to comply with this provision.
41. These rules may be amended at any time by The Expo, and all amendments
so mad shall be binding on the Exhibitor.
42. In the event of any breach of this agreement, in whole or in part by the
Exhibitor, the Exhibitor agrees to pay to The Expo, in addition to any other
payments provided for in this agreement, an attorney's fee equal to no less
than twenty (20) percent of the damages of The Expo. The courts of the State
of California located in Los Angeles County are the sole forum in connection
with any and all claims by the Exhibitor. The Expo shall have the option
to arbitrate any claim that either party may have hereunder. No action for any
reason hereunder may be commenced by the Exhibitor in any jurisdiction other
than the State of California, County of Los Angeles. The Exhibitor agrees that
any and all notices and pleadings in connection with any claim hereunder may
be served upon the Exhibitor by mail at the address designated herein. The Exhibitor
consents to such service as being sufficient to establish personal jurisdiction
over the Exhibitor in Los Angeles County, California.
43. This agreement, its interpretation, and any and all claims in connection
therewith shall be governed by the substantive and procedural laws of the State
of California with the same force and effect as if this agreement were entered
into and carried entirely within California State.
44. If any provision of this agreement is, or becomes at any time for any reason
whatsoever, unenforceable or invalid, no other provision hereof shall be affected
thereby.
45. This agreement constitutes the complete and entire agreement of the parties
and may not be altered or modified in any way except by a writing signed by
an authorized office of The Expo.
46. Deposit of the Exhibitor's check does not constitute acceptance of this
License. This License shall not be binding until signed by The Expo and the Exhibitor.
47. Exhibitor agrees
to pay interest at a rate that is greater of one and one half percent
per month, or the maximum allowable by law, on all moneys due The
Expo. Exhibitor further agrees to pay any collection costs, including
but not limited to, court cost, collection costs and attorney's fees
(in the amounts stated above).
48. Exhibitor agrees to collect and pay all applicable sales taxes for goods
and services sold at their booth.
49. Exhibitor agrees not to allow more than three of its employees to work
any 8' x 10' booth at any one time.
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