1. RENTAL SPACE
(a) The Show Management will allot the rental space to the Exhibitor as far as possible in accordance with the preferences of the Exhibitor but reserves all rights to the final allocation of the rental space and the right to make reasonable shifts of booth locations.
(b) Booth displays are to be themed to the Home & Garden Show and a professional presentation is required. Construction and signage must be in accordance with the standards set out in the Exhibitor’s Kit and in compliance with Fire Regulations. All booth decorations must be flameproof and all hangings must clear the floor. Exposed parts of the display and/or equipment must be finished or covered in such a manner so as not to be unsightly or unsafe. No displays shall interfere with the use of other displays or impede access or the free use of the aisles.
(c) All booth construction, displays and signage shall be subject to the reasonable approval of the Show Management, and anything not so approved will immediately be remedied by the Exhibitor with no liability to the Show Management for any costs incurred. If any undone remedial work constitutes a fire or public safety hazard, the Show Management shall have the option of completing such remedial work at the expense of the Exhibitor, or remove all or such part of the display that requires the remedial work at the expense of the Exhibitor who will not be entitled to a refund of any amounts paid for the Rental Space.
(d) The Exhibitor shall not assign any rights or sublet space under this Exhibit Space Application/Contract without the prior written permission of the Show Management, which permission may be arbitrarily withheld.
(e) The Show Management 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 it considers objectionable, inappropriate, disruptive or offensive to the Show Management, other Exhibitors or Show attendees; (iii) change or modify the layout of the Show and/or relocate exhibits or Exhibitors, (iv) cancel in whole or in part the Show due to any reason or event beyond the control of the Show Management, or (v) change the date, location and duration of the Show, without any liability to the Show Management or the Show sponsors.
2. EXHIBITOR COVENANTS
(a) The Exhibitor agrees to abide by all by-laws. laws, rules, regulations and ordinances of the municipality, police and fire departments, Ministry of Labor and of all other governmental or regulatory body having authority with respect to the facility and the Show and with respect to environmental and public health and safety and the Ontario Health & Safety Act.
(b) The Exhibitor agrees not to use sound and video productions unless approved by the Show Management and kept to a reasonable level and not interfere with other Exhibitors. The Exhibitor agrees to indemnify and save harmless the Show Management, the Show Sponsors and the facility (and their respective officers, directors, employees, insurers, agents, and those for whom the Exhibitor is responsible in law) against any and all claims, losses, liabilities and damages (including legal fees and expenses), costs and charges arising from or as a result of any unauthorized use of any music, materials, devices, processes and dramatic rights that is the subject of any third party copyright, trademark, industrial design, patent or any other intellectual property right by the Exhibitor, its agents, representatives, employees and those for whom the Exhibitor is responsible in law.
3. INSTALLATION, OPERATION AND REMOVAL OF EXHIBITS
(a) Every Exhibit must be fully installed, staffed and operational upon opening of the show to the public and throughout the show hours. Solicitation in the aisles is prohibited. No display shall be dismantled or partially dismantled during the term of the Show, except as required by the Show Management, but will remain intact until the end of the final closing hour on the last Show day.
(b) The Exhibitor shall occupy the Rental Space during Show hours to sell, promote or advertise only the services and products described in this Exhibit Space Application/Contract.
(c) The Exhibitor shall remove his exhibit equipment and materials (including fluids) from the show building by the final move-out day as advised by the Show Management unless otherwise approved and in the event of a failure to do so or failure to return the Rental Space to the same condition as at move-in date, the Exhibitor will be responsible to pay for such additional costs as may be incurred. Such removal of materials will be at the sole risk of the Exhibitor and in full compliance with all environmental and public health and safety requirements.
(d) The Exhibitor will be liable for any damage caused to building floors, walls or boards or to any standard booth equipment or to another exhibitor’s booth or property caused by the installation, use or removal by the Exhibitor or anyone acting on the Exhibitor’s behalf(d) The Exhibitor will be liable for any damage caused to building floors, walls or boards or to any standard booth equipment or to another exhibitor’s booth or property caused by the installation, use or removal by the Exhibitor or anyone acting on the Exhibitor’s behalf.
4. LIABILITY AND INSURANCE
(a) The Exhibitor shall obtain and maintain at Exhibitor’s expense a comprehensive general liability and all risk property insurance to cover the period from the move-in date to the date the Exhibitor has fully moved out of the Show premises.
(b) The Exhibitor is responsible to insure its own exhibit, personnel, display and materials from any damage or loss through theft, fire, accident or other cause and accepts all risks associated with the use of the exhibit space and the facility. The Exhibitor shall not make any claim or demand or take any legal action whatsoever against the Show Management, the Show Sponsors or the facility in which the Show is held, for any loss, damage or injury howsoever caused, to the Exhibitor, or any person or corporation claiming through it, its officers, directors, agents, representatives, employees and their respective property.
(c) All property of the Exhibitor shall be deemed to remain under the Exhibitor’s custody and control in transit to or from or within or outside the facility. The Hanover Home & Garden Show, nor the facility will be liable for loss for damage, through any cause, of equipment, products, goods, exhibits or other materials owned, rented or leased by the Exhibitor.
The Exhibitor agrees to indemnify and hold harmless Hanover Home & Garden Show, and the Show Management, Show sSponsors and facility, their respective officers, directors, agents, representatives and employees, against all claims, losses, liability, damages (including legal fees and expenses), costs and charges of every kind resulting from (i) the Exhibitor’s occupancy of the Rental Space and/or its environs, (ii) the use of equipment or devices furnished to or used by the Exhibitor or other persons in connection with the Show, and (iii) personal injuries, death, property damages or any other damage sustained by the Exhibitor, Hanover Home & Garden Show, the Show Management, the facility, Show sponsors or a visitor to the Show, and their respective directors, officers, agents, representatives and employees or those for whom the Exhibitor is responsible at law.
6. CANCELLATION AND TERMINATION
(a) The Exhibitor shall have the right to cancel this Exhibit Space Application/Contract by notice in writing to be delivered to the Show Management no later than sixty (60) days preceding the move-in date. All deposits received up to the date notice of cancellation is given are non-refundable and non-transferable. In the event the Exhibitor notifies the Show Management less than sixty (60) days preceding the move-in date that it wishes to cancel, or fails to make payment by the due date, or fails to appear at the Show, then the Show Management may i) cancel this Exhibit Space Contract without notice and all rights of the Exhibitor hereunder shall cease and terminate, ii) retain any payment made by the Exhibitor as liquidated damages (and not as a penalty) for breach of contract.
(b) If the Exhibitor violates or breaches any other terms and conditions herein it shall be a default of the entire contract entitling the Show Management to immediately and without notice revoke all privileges of the Exhibitor, occupy the Rental Space, use it in any manner it deems inappropriate, including but not limited to re-renting it, and the Exhibitor shall not be entitled to any offset or mitigation of the amount paid or payable hereunder, and the Show Management may make any claim against the Exhibitor for damages or the enforcement of any amounts owing. All amounts paid or payable by the Exhibitor shall be deemed earned and all deposits received shall be non-refundable and non-transferable.
7. CANCELLATION OR CURTAILMENT OF THE SHOW
In the event the facility in which the Show is to be held is destroyed or becomes unavailable for occupancy, or if for any reason the Show Management is unable to permit the Exhibitor to occupy the facility or the Rental Space, or if the Show is cancelled or curtailed, for any reason beyond the control of the Show Management, including but not limited to casualty, explosion, fire, lightning, flood, weather, epidemic, earthquake or other natural disasters, acts of public enemies, acts of terrorism, riots or civil disturbances, strike, lockout or boycott, Hanover Home & Garden Show, the Show Management 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.