byDesign Publishing, LLC

Conditions of Application/ Contract

1. EXHIBITOR COVENANTS

a) The exhibitor agrees to abide by all rules and regulations adopted by byDesign Publishing, LLC and sponsors and agrees that byDesign Publishing, LLC shall have the final decision in adopting any rule or regulation deemed necessary prior to, during and after the show.

b) The exhibitor agrees to observe all union contracts, and labor relations agreements in force, agreements between byDesign Publishing, LLC and the official contractors serving the show facility, and companies operating in the building in which the show is taking place and to observe the labor laws of the jurisdiction in which the building is located. The exhibitor will not do anything directly or indirectly connected with their display which might be a violation of any laws, bylaws, ordinances, or regulations of any government or regulatory body

c) The exhibitor agrees to obtain, at its own expense, any licenses or permits which are required, including without limitation, from government bodies, trade or industry associations, and any other third parties, for the operation of its trade or business during the show and to pay all taxes that may be levied against it as a result of the operation of its trade or business in their space allocated.

d) The exhibitor agrees not to conduct or be associated with a
promotional contest in connection with the show, where a prize or prizes
having a value in excess of $50 are offered, unless the exhibitor
       (i)     satisfies byDesign Publishing, LLC that the contest is being

operated in accordance with law and
(ii)     provides a letter of credit or other security satisfactory to

byDesign Publishing, LLC covering the value of the prize(s).

e) The exhibitor agrees to obey any non-smoking regulations in effect at the facility and agrees to ensure that its officers, agents, employees, and those for whom in law they are responsible for, obey any such regulations.

2. DISPLAY

a) The exhibitor agrees to occupy the contracted exhibit space during the full term of the show and to exhibit only the products described in the contract

b) byDesign Publishing, LLC reserves the right, in its sole and unfettered discretion to

        (i)     determine the eligibility of exhibitors and exhibits for the show,
(ii)    reject or prohibit exhibits or exhibitors which Outdoor

Expositions, Inc. considers objectionable, and

        (iii)   relocate exhibitors or exhibits when in byDesign Publishing,

Inc.'s opinion such moves are necessary to maintain the

character and/or good order of the show.

3. ASSIGNMENT AND SUBLETTING

The exhibitor shall not assign any rights under this agreement or sublet the space without prior written permission of byDesign Publishing, LLC, which permission may be arbitrarily withheld.

4. INSURANCE

The exhibitor shall obtain and maintain at its own expense during the period commencing on the first move-in date and terminating on the last move-out date, a policy of insurance acceptable to byDesign Publishing, LLC The policy of insurance shall name byDesign Publishing, LLC and the facility in which the event is held as loss-insureds and shall insure the exhibitor against all claims of any kind arising from or in any way connected with the exhibitor's presence or operations at the show. Policy shall provide coverage of at least $1,000,000 for each separate occurrence. At the request of byDesign Publishing, LLC, the exhibitor shall provide byDesign Publishing, LLC with a copy of such policy prior to move-in.

5. INDEMNITY

a)    The exhibitor accepts all risks associated with the use of the exhibit space and environs. The exhibitor shall not make any claim or demand or take any legal action, whatsoever, against byDesign Publishing, LLC the show sponsors or the facility in which the show is held, for any loss, damage or injury howsoever caused, to the exhibitor, its officers, employees, agents or their property.

 b)The exhibitor agrees to indemnify and hold harmless byDesign Publishing, LLC, show sponsors and the facility, their respective officers, agents and employees, against all claims, costs and charges of every kind resulting from their occupancy of the exhibit space or its environs, for personal injuries, death, property damages or any other damage sustained by the exhibitor or its officers, agents, employees or those for whom in law they are responsible, or byDesign Publishing, LLC or a visitor to the show.

6. EXHIBITOR'S PROPERTY

All of the exhibitor's property at the show shall be at the sole risk of the exhibitor and byDesign Publishing, LLC assumes no responsibility for loss or damage thereto.

7. BUILDING

The exhibitor is liable for any damage they cause to the facility or to any property of byDesign Publishing, LLC, its agents or any other exhibitor. The exhibitor may not apply paint, lacquer, adhesive or other coatings to the facility or to the property of byDesign Publishing, LLC, its agents or any other exhibitor.

8. CANCELLATION AND TERMINATION

a) This contract may only be cancelled if notice is received by byDesign Publishing, LLC: (i) for annual events, at least ninety (90) days prior to first day of the show (ii) or for biennial events, at least one hundred eighty ( 180) days prior to the first day of the show (iii) or for gift shows, thirty-five (35) days prior to first day of the show. If exhibitor cancels prior to or on these dates, exhibitor is liable for a $100.00 administration fee for cancellation. If exhibitor cancels after these dates, exhibitor is liable for full payment of the exhibitor's space rental. This also includes contracts signed after the cancellation deadline.

b) In the event the exhibitor fails to make payment as aforesaid or fails

to comply in any respect with the terms of this contract, byDesign Publishing,

Inc. reserves the right to cancel this contract without notice

and all rights of the exhibitor hereunder shall cease and terminate.

Any payment made by the exhibitor on account hereof  will be

retained by byDesign Publishing, LLC as liquidated damages for breach

of this contract and byDesign Publishing, LLC may thereupon re-rent

said space. Failure to appear at the event does not release the

exhibitor from responsibility for payment of the full cost of the space

rented.

9. REMOVAL OF EXHIBITS

The exhibitor agrees no display will be dismantled or goods removed during the entire run of the show, but will remain intact until the end of the final closing hour of the last day of the show. The exhibitor also agrees to remove its display and equipment from the show site by the final move-out time limit, or in the event of failure to do so, the exhibitor agrees to pay for such additional cost as may be incurred

10. CANCELLATION OR CURTAILMENT OF SHOW

In the event that the facility in which the show is to be held or is held is destroyed or becomes unavailable for occupancy, for reasons beyond the control of byDesign Publishing, LLC and sponsors, or if for any reason byDesign Publishing, LLC is unable to permit the exhibitor to occupy the facility or the space, or if the show is cancelled or curtailed, byDesign Publishing, LLC and sponsors will not be responsible for any loss of business, loss of profits, damage or expense of whatever nature that the exhibitor may suffer. The reasons listed include, but are not limited to, such reasons as: casualty, explosion, fire, lightning, flood, weather, epidemic, earthquake or other Acts of God, acts of public enemies, riots or civil disturbances, strike, lockout, boycott or acts of terrorism..

11. NSF CHEQUES

In the event that the exhibitor's check is returned by a bank due to insufficient funds, a $35 administration fee will be charged to the exhibitor.

 

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Revised: October 27, 2005