EXHIBITION TERMS AND CONDITIONS
The following Terms and Conditions govern this contract ("Contract") between the International Conference on College Teaching and Learning ("the Conference") and the Exhibitor.
1. Acceptance. Acceptance of this contract by the Conference is effective when ICCTL receives a exhibitor's registration form. ICCTL reserves the absolute right to decline or reject any proposed exhibitor whose products or services do not conform to the Conference's published criteria.
2. Exhibition Dates, Location and Times. The Conference will be held at the Hyatt Regency Riverfront Hotel in Jacksonville, Florida. The dates and times of the Exhibition are:
Move In:
Tuesday, April 15, 2008, 4:00 p.m. - 8:00 p.m.
Wednesday, April 16, 2008, 8:00 a.m. - 1:00 p.m.Show Hours:
Wednesday, April 16, 2008, 2:00 p.m. - 7:00 p.m.
Thursday, April 17, 2008, 7:30 a.m. - 11:30 a.m.Move Out:
Thursday, April 17, 2008 1:30 p.m. - 5:00 p.m.
While the Conference will use reasonable efforts to maintain the location, dates, times and floor plans of the Exhibition, the Conference reserves the right to change any of these at any time and for any reason whatsoever without liability.
3. Exhibition Contractor. All exhibitors must use the ICCTL contracted exhibition firm. Exhibitor related services such as display rental, decoration, furniture rental, signs, cleaning, telephone/Internet wiring, audio visual service and labor are all available through the exhibition contractor. An Exhibitor's Kit will be provided before the exhibition with complete details and deadline dates for these optional services.
4. Move-in/Move-out. Move-in, setup, dismantling and removal of property will only be allowed during the posted hours. Any property remaining in the hotel after 5 p.m. Thursday, April 17, may be removed by the Conference or Echo Expo. Exhibitor shall be responsible for all costs to remove and store such property. Neither the Conference nor Echo Expo shall be liable for any casualty, theft, damage, or other loss that may occur to such property during removal or storage.
5. Staffing of Exhibitions. Exhibition booths must be staffed at all times during show hours and no Exhibitor will be permitted to pack, remove or otherwise dismantle their booth prior to the close of the show. Any exhibitor breaching this provision may be denied exhibition space in future exhibitions by the Conference.
6. Booth Space Prices and Payment. Booth prices are $800 for a single 10'x10' booth; $1350 for a double 20'x10' booth; or $1,700 for a triple 30'x10' booth. Payment is due within 30 days of receipt of contract and may be by credit card, check or purchase order payable to FCCJ Foundation.
7. Booth Space Furnishings and Restrictions. The basic booth space is a uniform style exhibition booth 10' deep and 10' wide, with an 8' high back wall and 3' high side walls, and company ID sign. It is the responsibility of the exhibitor to pay for any additional masking drape. Electrical outlets will be provided. It is the responsibility of the exhibitor to pay for Internet access if required.
8. Exhibitor Badges and Registration. All representatives of Exhibitor must be registered with the Conference and wear exhibitor badges at all times during the exhibition. Two complimentary exhibitor badges are included with each 10'x10' booth. Additional exhibition badges may be purchased in advance for $75 each.
9. Exhibitor Attendance During Non-Show Hours. Exhibitor representatives will not be permitted to enter the exhibition earlier than 60 minutes prior to the scheduled opening time for each show day. Exhibitors requiring additional time must make arrangements for earlier admittance at the exhibitor registration desk on the previous day.
10. Booth Assignment. Booth preferences must be specified on the exhibitor registration form. The Conference will make every effort to accommodate requests. Booth space assignment will be indicated on your receipt. The Conference reserves the right to assign or change any booth assignment as deemed necessary.
11. Shipping Instructions. Information on shipping methods and rates will be provided to all exhibitors in the Exhibitors Kit. All property shipped shall be at the sole risk and expense of Exhibitor. The Exhibition Contractor will provide storage for incoming freight, delivery to booth, removal, storage and return of empty crates, and removal and shipment of outbound freight. All charges are based on inbound weights and must be prepaid. The address on all shipments shall include the Exhibitor's name and booth number(s).
12. Promotional Materials and Marketing Activities. Exhibitor agrees that the use and distribution of promotional materials at or around the conference area, in exhibit areas or in hotel areas immediately prior to and during the Conference, including, but not limited to flyers, circulars, and souvenirs, is subject to approval by the Conference and must be distributed within the limits of the Exhibitor's booth space. Furthermore, Exhibitor agrees that all marketing activities during the exhibition, including, but not limited to, live demonstrations and the use of costumed representatives are subject to approval by the Conference and must be confined to the limits of the Exhibitor's booth space.
13. Endorsements by the Conference. Unless expressly indicated otherwise, the Conference does not endorse or assume responsibility for any exhibitor and their products and services. Mere participation in the exhibition does not imply such endorsement. As such, Exhibitor understands and agrees that they may not advertise or otherwise represent that the Conference endorses its products and services unless such endorsement does in fact exist. An endorsement by the Conference will only exist if there is writing explicitly indicating endorsement, signed by both parties.
14. Right to Eject Exhibitors. Exhibitor understands and agrees that their attendance and participation at the exhibition must comply with all provisions of this Contract. If the Conference determines Exhibitor is in breach of this Contract, the Conference may terminate this Contract and eject Exhibitor from the show floor without a refund or liability to the Conference. Exhibitor understands that a condition of exhibiting is adhering to proper exhibitor conduct at all times while participating in the show. Proper conduct includes, but is not limited to: exhibitor staying within the confines of his/her designated booth space and not walking the aisles or exhibit floor, occupying another exhibitor's booth, or distributing materials outside the designated booth area. Such activity will be deemed improper conduct and will be grounds for the exhibitor being removed from the exhibit floor at the Conference's sole discretion.
15. Audio, Visual and Sound Effects. Exhibitors with audible sound or devices being utilized which the Conference deems objectionable will be required to discontinue use. The Conference reserves the right to restrict the use of glaring lights or objectionable lighting effects. No unauthorized cameras or videotaping are allowed in the exhibit area. All personnel using photography equipment must be approved and accompanied by a Conference representative.
16. Performance of Music; Intellectual Property. Performance of music at the exhibition, whether recorded, live broadcast or otherwise, which the Conference deems objectionable to other exhibitors, will be required to discontinue use. Exhibitor understands and agrees that Exhibitor is responsible for all costs and licenses to perform such music. Exhibitor shall also be responsible for all costs and licenses to use any other licensed, patented, or copyrighted materials at the exhibition. Exhibitor agrees to indemnify, hold harmless and defend the Conference, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, governmental fines or penalties, and costs or expenses (including court costs, interests, and attorney fees) of any kind whatsoever arising from Exhibitor's breach of this provision.
17. Sales. The Conference is a forum for exchange of information on all aspects of teaching and learning. Company participation is intended to support this objective. Any activity that might lead to profit or political advantage for any single organization is discouraged. Because of this ruling by the IRS regarding trade show income for associations, companies participating in the Conference must not take orders for products or services during the Conference activities.
18. Decorations. The Conference reserves the right to approve and determine final placement, arrangement and appearance of all exhibition decorations. The Conference is not responsible for any costs incurred by Exhibitor that may result from compliance with the Conference directives under this provision.
19. Food. Unless permission is received from the Conference and the Hotel's exclusive catering service, Exhibitors may not bring food into the exhibit hall area or the hotel.
20. Exhibitor Property. Neither the Conference, the Conference Facility, nor the Official Exhibition Contractor shall be liable for loss or damage to any Exhibitor property in storage, in transit to or from the exhibition building, or while in the Conference building or premises. All property of the Exhibitor shall be deemed to remain under the Exhibitor's custody and control in storage, in transit to or from, and within the confines of the exhibition hall even though it may at times be under the temporary control or direction of the Conference or the Official Exhibition Contractor.
21. Damage to Exhibit Hall/Conference Facility. Exhibitor shall be responsible for all damage to the Conference facility that is caused from Exhibitor's booth display or the acts and omissions of its representatives, agents, or contractors and will immediately reimburse the Conference for costs incurred as a result of such damage.
22. Security. The Conference may at its sole discretion choose to provide security for the exhibits. Such security is provided solely for the purpose of preventing unauthorized access into the exhibition area, but in no event should it be relied upon as security for the Exhibitor's property. As such, Exhibitor understands and agrees that the Conference is not liable for the acts or omissions of any security service and its employees which is alleged to be the cause of theft, damage or other loss to Exhibitor's property.
23. Cancellation by Exhibitor; Liquidated Damages. While Exhibitor may cancel this Contract at any time, Exhibitor understands and agrees that the Conference will incur damages from the Exhibitor's cancellation. Due to the difficulty of determining such damages, Exhibitor agrees the following is a reasonable estimate of such damages and agrees to pay the following as liquidated damages in the event of Exhibitor's cancellation:
Before January 1, 2008 $100 processing fee
January 2-February 1, 2008 50% of the participation fee
February 2-March 1, 2008 75% of the participation fee
After March 1, 2008 No refund
In order for cancellation to be effective, the Conference must be notified in writing and the date of cancellation will be the date the Conference receives such notice.
24. Cancellation, Termination or Postponement by the Conference. In the event that any unforeseen occurrence shall render the fulfillment of this agreement impossible by the Conference, the parties shall mutually amend or terminate the agreement at the Conference's option. The Exhibitor hereby waives any claim against the Conference for damages or compensation. No monies will be returned should the dates or location of the show be changed by the Conference, but exhibitor will be assigned space that the exhibitor agrees to use under these same rules and regulations. The Conference shall not be financially liable in the event the show is interrupted, cancelled, moved or dates changed except as provided herein.
25. Compliance with All Applicable Rules and Laws. In addition to the provisions of this Contract, Exhibitor agrees to abide by all applicable rules, regulations, and state and local laws that may be applicable, including rules of the Conference Facility and fire and safety regulations.
26. Severability. If any provision or provisions of this Contract are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
27. Choice of Law. This Contract will be construed under the laws of the State of Florida.
28. Entirety of Contract. This Contract and all documents incorporated by reference constitute the entire agreement of the parties and may not be modified or amended in any respect whatsoever without the written consent of the Conference.
29. Mediation. The parties shall attempt in good faith to resolve any dispute arising out of or relating to the application/contract by mediation. The mediator will be selected by the parties by mutual agreement. In the event the parties cannot agree on a mediator, each party will name a mediation or alternative dispute resolution company and will instruct the representatives of the chosen companies to jointly recommend a neutral third party to act as mediator. In the event that the dispute remains unresolved after 90 days after appointment of a mediator, the parties shall submit the dispute to arbitration.
30. Arbitration. Any dispute, claim or controversy in law or equity arising out of and between the parties to this application/contract shall be decided by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. In the event of arbitration, a three-person arbitration panel shall be appointed to settle the matter as follows: each party shall choose a person to serve as an arbitrator and those two arbitrators shall mutually agree to a third person to act as an arbitrator. Judgment upon the award rendered by the arbitrators may be entered in any Court having jurisdiction thereof. All arbitration will be held in Jacksonville, Florida. The substantially prevailing party, if any, and as determined by the arbitrator, shall be entitled to reasonable attorneys' fees.
31. Insurance. Exhibitor understands and agrees that neither the Conference nor the Conference Facility maintains insurance covering Exhibitor's property and it is the sole responsibility of Exhibitor to obtain sufficient insurance coverage for such property.
32. Outstanding Debts. All outstanding debts owed to the Conference must be paid prior to participation in the exhibition. If such debts remain unpaid at the time of the exhibition, the Conference reserves the right to exclude Exhibitor from the exhibition without liability. Failure of the Conference to exercise rights under this provision will not waive the Conference's right to full collection.
33. Americans with Disabilities Act. Exhibitor warrants that its planned exhibition design and use of booth space at the Conference will be in compliance with the Americans with Disabilities Act ("ADA") and hereby accepts full responsibility for compliance with the ADA. Furthermore, Exhibitor will notify the Conference and the Conference Facility in writing of any disabled person(s) affiliated with Exhibitor who may be attending the Conference and specify the special needs of such person should they exist. Such notice shall be given as soon as Exhibitor learns such person(s) will be attending the Conference.
34. Indemnification; Limitation of Liability. Exhibitor assumes full responsibility for the acts, omissions and conduct of its representatives, agents and contractors and agrees to indemnify, hold harmless and defend the Conference, its officers and directors, employees, and agents from and against any and all claims, losses, damages, governmental fines or penalties, and costs or expenses, including court costs, interest and attorney fees of any kind whatsoever arising from such acts omissions, and conduct except to the extent that such claims, losses or damages are the direct result of the Conference's gross negligence or intentional acts. In any event, the Conference's liability to Exhibitor under this contract shall be limited to and not exceed the amount of booth fees paid by Exhibitor.