SUMMERFEST EXHIBITOR AGREEMENTS DefinitionsAgreement - the Exhibitor Rules and Regulations for the 5th Annual SummerFest and the 6th Annual Holiday Soiree.Management - shall refer to Racewood Media Inc. (d/b/a Body Local), the Mercedes Club and their authorized agents, affiliates and representativesExhibit Fee - the fee paid by Exhibitor to participate in the EventVenue - the facility that will host the event and/or the replacement facility as necessary
Exhibitors and AcceptabilityThe Exhibit Table must be professionally produced & maintain a clean, neat appearance. Management reserves the right to refuse or determine the acceptability of any product for display and may request a booth/table set-up plan. Management shall determine the acceptability of any exhibit table at Management’s sole discretion. Management also reserves the right to request Exhibitor to remove any unsightly boxes, cartons, bags, etc. from the exhibit space at the Exhibitor’s expense.
Subleasing. No Exhibitor shall assign, sublet or share the space allotted with another company unless written approval has been obtained from Management. Restrictions on use of spaceExhibitor must show only goods manufactured or distributed by Exhibitor in the regular course of business. Solicitations or demonstrations by Exhibitors must be confined to the Exhibit Space Exhibits, signs, or distribution of promotional materials in any way is prohibited in any of the public space without Management’s consent
Maintaining ExhibitsUnless otherwise agreed, Exhibitor shall receive a 10x10 tent with up to 3 eight foot tables & table cloth at SummerFest and a six (6) foot exhibit table and table cloth at the Holiday Soiree. Electricitymay be available upon request which must be submitted thirty (30) days prior to the Event. Exhibitor shall set-up and break-down its exhibit space only during the designated times and, under no circumstance, shall Exhibitor break-down its exhibit space prior to the conclusion of the Event without obtaining permission from Management.Any labor or fees necessary to set-up, move, store the equipment is the Exhibitor’ sole responsibility. Default in Occupancy - If the Exhibitors’ Exhibit Space is not occupied by the time set for completion of installation, such space may be possessed by Management for such purposes as Management deems appropriate. Construction of ExhibitsExhibits shall be constructed and arranged so that they do not obstruct or impair the another Exhibitor’s Exhibit Space.Management shall have full discretion and authority in the final placing, arrangement, and appearance of all items displayed by Exhibitor and may require the replacing, rearrangement or redecorating of any items displayed. Management shall not be liable for any costs (or losses) incurred by Exhibitor during the re-arrangement of its Exhibit Space.
ShippingExhibitors are encouraged to bring items that it wants to display in its Exhibit Space with them on the day of the Event. However, in the event that Exhibitor needs to ship packages to the venue prior to the date of the Event, Exhibitor may ship packages to the address below for arrival on Monday, June 26, 2017: Body Local c/oMs. Tonya Jacobs The Mercedes Club 550 West 54th Street New York, NY 10019 212 265-1111
Management shall not be liable for the loss of or damage to any package that it ships to the Venue.
Fire & Safety Regulations - All local and state regulations will be strictly enforced and the Exhibitor assumes full responsibility for compliance with these regulations. Sound LevelMechanical or electrical devices which produce sound must be operated so as not to disturb other Exhibitors. Management reserves the right to determine the acceptable sound level in all such instances. Exhibitor Registration. Registration must be accompanied by full payment and signed acknowledgement of Exhibitor's Rules and Regulations before Management will assign an Exhibit Space. Management reserves the right to change the Exhibit Space location or to make such modifications as may be necessary to meet the needs of the overall Event. Exhibitor RepresentativesThe signed Exhibitor and any of his/her representatives agree to abide by these Rules and by any amendments that may be put into effect by Management. The Exhibitor’s representatives shall wear identification badges provided by Management at all times.All tables must be staffed by a Exhibitor representative during all show hours. Management reserves the right to limit the number of said representatives
Cancellation of ContractIn the event that written notification of intent to cancel is received by Management thirty (30) days or more prior to event, the Exhibitor's payment minus a one hundred dollar ($100) processing fee, will be refunded to Exhibitor.
Written notification shall be in writing and shall be personally delivered or sent by certified mail, postage prepaid or overnight courier to: Body Local322 West 52nd Street, #1811New York, NY 10101 E-Mails are not an acceptable method of written communication. Cancellation notices that are received by Management less than thirty (30) days prior to the Event obligates the Exhibitor to pay the full Exhibit Fee. In the event that Management is able to re-sell the Exhibitor’s Exhibit Space, Exhibitor’s Exhibit Fee shall be offset by the amount paid by the replacement Exhibitor. Rain PolicyIn the event of rain, or a forecast of rain, on the Rain Date, Management reserves the right to re-locate the Event to another venue which may result in Exhibitor receiving less or no exhibit space at the re-located venue. Force Majeure.If the Event is terminated for any reason beyond the reasonable control of Management, including without limitation, acts of God, war, mob, riot or civil commotion, strikes, labor disputes, accidents, governmental laws, ordinances, regulations, requisitions or restrictions, unavailability of facilities, lack of utilities, commodities or supplies, inability to secure sufficient labor, civil disturbance, terrorism or threats of terrorism, disruption to transportation, disaster, fire, earthquakes, severe weather, epidemic or pandemic, or any other comparable calamity or casualty, Management may cancel the Event without liability.
In the event of termination of the Event, Management may retain the earned portion of the Exhibitor Fee required to recompense it for expenses and commitments incurred up to the time of termination. A credit for any remaining unearned Exhibit Fee will be granted to the Exhibitor for use in future Body Local events and campaigns. Security - Management may, at its sole option provide security continually from the set-up to the breakdown of the Exhibit area. The furnishing of such service shall not be construed to be an assumption of obligation or duty with respect to the protection of the Exhibitor’s property, which at all times shall remain the sole responsibility of Exhibitor.
Photography - Exhibitor hereby grants Management an irrevocable license to use the Exhibitor’s name, the name of its representatives and any pictures and video taken of the Exhibitor and/or its representatives during the Event for use in future promotions by Management or it’s designated party.
Logo and Name Usage. Exhibitor hereby grants Management the non-exclusive right and license to use Exhibitor’s name and logo to promote the Event in digital and print marketing communications. This provision is not mutual and this Agreement confers no right whatsoever for any reciprocal use of any logo or trade name owned by Management except as agreed upon through written authorization. InsuranceExhibitor, at its own expense, shall maintain in full force and effect for and in connection with the Event, commercial general liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate including coverage for bodily injury, property damage, personal injury; and products liability, to the extent that Exhibitor will be distributing products, food or beverage at or in connection with the Event.
By no later than June 1, 2017, Exhibitor shall furnish a certificate of insurance from each insurance company providing coverage to Exhibitor, evidencing compliance with the requirements of this Section 21 including proof that said insurance coverage is in force, stating policy numbers, dates of expiration, deductible amounts applicable to each policy, and limits of liability thereunder, and naming the following entities as additional insureds.
Thecertificate shall list each of the entities below as additional insureds: Racewood Media Inc. M Club Gym LLCMH Rental LLC Two Trees Management Company LLC
Losses - Management shall bear no responsibility for any damage to Exhibitor’s property, lost shipments, or any other claim by or against Exhibitor including, but not limited to any patrons or agents of Exhibitor.
Resolution of Disputes. Any dispute between Management and Exhibitor shall be governed in all respects by the substantive laws of the State of New York without regard for conflict of law principles and any cause of action shall only be brought in a court of competent jurisdiction within and/or servicing New York County, New York. Exhibitor hereby expressly consents to, submits to and acknowledges the personal jurisdiction of the federal and state courts within and/or servicing New York County, New York in connection with this Agreement. Amendment to Rules - Any matter specifically not covered in the preceding rules shall be subject solely to the decision of Management. Management shall have the power in the matter of interpretation, amendment, and enforcement of all such rules and regulations so that any such amendment when made and brought to the notice of said Exhibitor shall be and become part hereof as though duly incorporated herein.
Default - If the Exhibitor defaults in any of its obligations under these rules or violates any of its obligations or covenants under this contract, Management may, without notice, terminate the Exhibitor’s registration and retain all monies received on account as liquidated damages. Management may direct the Exhibitor forthwith to remove its employees, agents, and all of its articles of merchandise and other personal property from the space contracted for & from the Venue.