Segue Productions


 

 

 

EXHIBITOR CONTRACT TERMS AND CONDITIONS AGREEMENT

This agreement, when signed by both the Exhibitor and Segue Productions on the Exhibit Space Contract document constitutes a binding legal agreement.

Segue Productions agrees to review your application and contract and assign your company exhibit space, if available, consistent with our stringent eligibility requirements and policies.

The Exhibitor agrees that upon acceptance of this application and contract by Segue Productions, with or without appropriate payment of the exhibition fee, this application and contract shall become a legally binding contract, enforceable against the Exhibitor in accordance with its terms.

By signature, the individual signing the Entertainers World 2007 Exhibitor Contract document represents and warrants that he/she is duly authorized to execute this binding contract on behalf of the Exhibitor.

The Exhibitor agrees to be bound by the information and terms herein of this Agreement and to abide by all rules and regulations adopted by Segue Productions included in the Exhibitor Kit and agrees that Segue Productions shall have the final decision in adopting any other rule or regulation deemed to be necessary, issued prior to the show.


TERMS AND CONDITIONS

EXHIBIT SPACE RENTAL PAYMENT

The applicable deposit must accompany this application with the balance due and payable in full by January 31st 2007. If the balance is not received by the deadline, the Exhibitor waives all rights to the space designated on the contract and Segue Productions will not guarantee space at the location specified in the application, or any other space.

Contracts executed after December 15th 2006 require 100% of the total exhibition fee at time of application.

The Exhibitor agrees that the application being accepted with a deposit pending invoice to the Exhibitor shall be deemed valid and binding as if a deposit had been made. Exhibitor agrees that no portion of this payment is refundable, and that, except as outlined in the Cancellation Policy of this agreement, the Exhibitor is liable for payment for the total space contracted for.

CANCELLATION POLICY

Segue Productions must receive all Exhibitor participation cancellations, in writing via registered postal mail. The recognized date of the cancellation shall be the date the show management receives written cancellation via registered postal mail. If Segue Productions does not receive notice of cancellation, in writing via registered postal mail, the Exhibitor will be liable for 100% of the Exhibitor cancellation fee.

Both the Exhibitor and Segue Productions acknowledge that, in the event of cancellation, Segue Productions will sustain substantial monetary losses that cannot be precisely determined. Due to the difficulty in determining and detailing said losses, the Exhibitor agrees to pay the following as liquidated damages (and not a penalty) if the Exhibitor cancels its participation:

  • If written notice of cancellation is received on or prior to October 15th, 2006, the Exhibitor shall receive 75% of their deposit/payment.
  • If written notice of cancellation is received on or prior to November 15th, 2006, the Exhibitor shall receive 50% of their deposit/payment.
  • If written notice of cancellation is received on or prior to December 15th, 2006, the Exhibitor
    shall receive 25% of their deposit/payment.
  • If written notice is received after December 15th, 2006 the Exhibitor shall receive 0% of their deposit/payment.
  • If written notice of cancellation is received after December 15th, 2006 the Exhibitor is liable for 100% of the total Exhibition fee.

All cancellation fee(s) are payable immediately upon cancellation.

If the Exhibitor fails to occupy exhibit space without notice, the Exhibitor forfeits all deposits made, and will be held liable for any unpaid balances due on the Contract.

The above cancellation fee(s) terms shall apply regardless of the execution date of the Contract.

BREACH OF CONTRACT

Segue Productions reserves the right to cancel the Exhibitor's participation if the Exhibitor breaches any of its obligations or does not comply with the terms and conditions of the Contract including, but not limited to, making any payment that is due as per this Contract.

If Segue Productions does cancel the Exhibitor as per this section, the Exhibitor will have been deemed to have cancelled its own participation and thus subject to the cancellations fees as stated in the Cancellation Policy above.

The date of cancellation for calculating the cancellation fees shall be the date that Segue Productions cancels the Exhibitor for breach.

COLLECTION FEES

Any Exhibitor that does not meet all financial obligations when due and payable will be responsible for all outstanding debts and any fees (including attorney's fees and/or collection fees) Segue Productions incurs to recover the debt.

There will be a $50.00 charge for all returned cheques.

LICENSE RELATIONSHIP

It is understood and agreed that the Contract constitutes a non-assignable privilege only and is not, under any circumstances, intended to constitute a lease or any other conveyance of real property, a partnership, employment agreement or joint venture between the parties.

SUB-LETTING

There will be no subletting of any or all of your exhibit area. The Exhibitor shall not assign, sublet, transfer, sell or apportion in whole or any part the space allocated to the Exhibitor by Segue Productions to any third party or have representatives, equipment or materials from any other business other than its own, and not listed on your application for space, without the advance written permission of Segue Productions. Violation of this rule will result in the expulsion of the unlisted parties and the original applicant from the show with no refund of any monies paid and the closure of your exhibit for the remainder of the show.

The Exhibitor named on this contract shall be the only company advertised in the assigned booth by Segue Productions.

ASSIGNMENT OF EXHIBIT SPACE

Segue Productions will attempt to accommodate each Exhibitor's request for specific exhibit space, however no guarantees can be made. Exhibit spaces will be allocated on a first come - first served basis.

Segue Productions reserves the right to relocate exhibit space which may be affected by a change in the floor plan, or in the interest of optimum traffic control and exhibit exposure.

All exhibits shall be arranged so as to not obstruct the general view or hide the exhibits of others.

Plans for specially built displays not in accordance with all applicable regulations should be submitted to Segue Productions before construction is ordered.

Segue Productions cannot be held liable if competitive exhibitors are adjacent to or opposite each other but efforts will be made to allocate space on a basis fair to all exhibitors.

The Exhibitor acknowledges that he/she is not contracting for a specific exhibit space, but rather for the right to participate as an Exhibitor in Entertainers World 2007.

EXHIBIT SET-UP

The Exhibitor agrees to have the exhibit completely set up one hour before show opening.

No changes to displays are permitted during open show hours.

In the event of an Exhibitor's display not being open at anytime during show hours, Segue Productions shall be under no liability to the Exhibitor for any loss or damages which may be caused as a result of the display being left unattended.

The Exhibitor’s property shall be placed on display and exhibited at his or her risk and Segue Productions assumes no responsibility for loss or damage.

ARRANGEMENT OF THE EXHIBIT

Displays must not protrude beyond the measured exhibit space dimensions, nor obstruct a clear view of the neighboring exhibit spaces. There is a maximum height allowed of 10 feet for all row booths except those located on perimeter walls where heights of up to 11 feet 6 inches may be possible. If occupying exhibit space in a row with other Exhibitors on one or both sides, the side wings of your display may only project forward at an 8 foot maximum height for 3 feet from the back of the booth. Product, equipment or display materials must not obscure or obstruct the view of your neighbor’s exhibit.

No Exhibitor shall permit the exposure of any unfinished surface to neighboring exhibits. If the Exhibitor fails to correct the unfinished part, Segue Productions reserves the right to finish such outside partitions. The Exhibitor shall pay the cost of such repairs to Segue Productions upon demand being made.

Low side dividers between exhibits should not exceed 36 inches in height.

Segue Productions at it’s sole discretion, may allow exceptions.

Segue Productions reserves the right to restrict or control the use of glaring or irregular lighting effects.

The Exhibitor is responsible for any damages caused to the building, or standard booth equipment, or to other Exhibitor’s property.

Exhibitors may not apply paint, lacquer, adhesive or other coating to building columns and floors, or to standard booth equipment, nor attach their display to walls, structural supports, or flooring in the exhibit building, by nail, screws, bolts or permanent cement, nor may they suspend anything from the ceiling or rafters.

EXHIBIT DISMANTLING

No Exhibitor shall dismantle or remove any part of his exhibit before 6:00 PM on the last day of the show. Segue Productions may remove any materials or exhibit items remaining after the cut-off time for exhibit removal at the Exhibitor's expense with no guarantee of damage or loss of said materials or items.

EXHIBIT CHARACTER, CONDUCT AND CARE

Segue Productions reserves the right to have any items removed from the show if, by sole discretion of Segue Productions, they are not deemed to be proper merchandise for the show.

Segue Productions reserves the right to reject or remove exhibits or exhibitors when, in the opinion of Segue Productions, such moves are necessary to maintain the character and/or good order of the show.

All exhibits, displays and promotional literature must be in good taste. The product or service must be presented in a professional manner with no carnival tactics or sideshow type "come-ons" permitted. There is no unauthorized use of microphones in booth areas. Microphone use is allowed in sound rooms.

Free samples may be distributed.

Any Exhibitor offering food samples must notify Segue Productions and the Toronto Airport Marriott Hotel verbally and in writing at least 2 months in advance.

Orders for products may be taken and merchandise may be sold at a cash retail price subject to Segue Productions approval.

Raffles and give-a-ways may be conducted, but only with the approval of Segue Productions.

No alcoholic beverages will be permitted in the exhibit hall.

The Exhibitor shall maintain qualified personnel in its display during show hours and will not interfere with any other display in any way whatsoever. Segue Productions has the right to stop the display, demonstration or running of any exhibit causing vibration, excessive noise, smoke, smell, or anything considered to be a nuisance. The Exhibitor shall at the request of Segue Productions stop the use of loud speakers, microphones, amplifiers, musical instruments, stereo & video equipment, radios, filming equipment or such audio equipment that may be disturbing neighboring displays.

The Exhibitor will not do anything directly or indirectly connected with his or her display which may be a violation of any bylaw, ordinance, or regulation of any governmental body or which may be in violation of the regulations of The Canadian Fire Prevention Association or any other body.

The Exhibitor shall not have in his/her exhibit or display any goods of an explosive, flammable, obscene or noxious nature.

Segue Productions reserves the right to refuse or terminate the exhibit or sale of any article, which they may in their discretion deem unsuitable or objectionable or deceptive to purchasers.

If, in the opinion of Segue Productions, an Exhibitor or his servant or agents conducts himself in an objectionable manner, he/she will be liable, at the sole discretion of Segue Productions, for immediate expulsion from the show. In such circumstances, Segue Productions will not be liable for any damage or loss to the Exhibitor or the person expelled, nor will there be any refund on exhibit rental fees.

The exhibit must be attended throughout the show hours by at least one representative of the Exhibitor.

It is the Exhibitor's responsibility to keep his/her area clean and orderly throughout the show and to ensure that it is ready for opening at the time the show opens each day.

COMMON SHOW AREAS

All lobbies, corridors, aisle ways, restrooms, restaurants, food and beverage concessions and special assembly rooms will be considered as common show areas to be used for the movement and flow of the delegates and/or for their entertainment and convenience. No Exhibitor will be permitted to use these areas for displays.

Distribution of pamphlets, products, services, literature or materials anywhere outside of your display area is not permitted.

No signs or materials are permitted outside of your display area. Segue Productions will provide signs for exhibit rooms in the hallway outside your room. Exhibitors in rooms may provide a small sign on a tripod or easel at the entrance to their room showing demo times etc. only. Such signs will be allowed on approval by show management. Please supply you own easel or stand.

ADVERTISING

The Entertainers World 2007 name and logo and the Segue Productions logo may be included in the advertising of the Exhibitor, however Segue Productions must be informed in advance of the content to be certain it is the interest of the show as well as the Exhibitor.

The Exhibitor grants Segue Productions the right to use the name of the Exhibitor as a part of its advertising in so far to say that the Exhibitor is displaying his/her products/services at the show.

The Exhibitor Pre-Show advertising campaign can be obtained from Segue Productions.


PASSES AND BADGES

Each exhibiting company will receive 4 exhibitor badges for booths and up to 8 exhibitor badges for sound rooms.

Additional badges can be purchased for $10.00 each. Free admission passes will be distributed to each exhibitor as well.

DRAWS, PROMOTIONAL GIVE-A-WAYS AND MAILING LISTS

All Exhibitor draws and promotional give-a-ways must be approved by Segue Productions prior to the show.

All Exhibitor draws and promotional give-a-ways must be free and clear of any financial obligation on the part of the winner.

All contest terms and conditions, and list of prizes available and their value must be clearly posted.

Segue Productions reserves the right to cease any draws that do not meet with the above criteria.

Mailing lists compiled by the Exhibitor at Entertainers World 2007 may not be sold or otherwise distributed and are for the exclusive use of the Exhibitor listed on this Contract.

Any Entertainers World 2007 lead list that may be available or supplied by Segue Productions may not be sold or otherwise distributed and is for sole use of Entertainers World 2007 Exhibitors only.

SECURITY, FIRE HEALTH & SAFETY

The Exhibitor will assume all responsibility for compliance with host facility, local city and provincial safety, fire and health ordinances regarding installation and operation of his/her exhibit. The Exhibitor shall be properly insured for the same.

Segue Productions will provide security throughout move-in, show and take down hours.

Except during show hours, doors will be locked and security will be on premises.

Limited access will be provided during non-show hours to authorized exhibitors only and their authorized representatives. Such admittance will be by Exhibitor badge only.

All exhibit materials and equipment will be reasonably located and protected by safety guards and devices where necessary.

Only fireproof materials shall be used in displays and the Exhibitor will adhere to the necessary fire precautions.

LIABILITY & INSURANCE

The Exhibitor will hold Segue Productions harmless from any damage, expense, or liability arising from any damage to the Exhibitor, his agents, employees, or to the property of the Exhibitor occurring in the building or the approaches and entrance thereto.

Segue Productions shall not, under any circumstances whatsoever, be liable or responsible for

  • Any loss, damage, theft, or destruction whatsoever or howsoever caused to any goods, equipment or any other property belonging to the Exhibitor or for which the Exhibitor is responsible.
  • Any damage or injury suffered by the Exhibitor or his/her servants or agents or by any other person.
  • Any loss, damage or expense whatsoever suffered by the Exhibitor by reason of change in date, time or place of the exhibition or the abandonment of thereof.

The Exhibitor shall be liable for all loss, damage, injury, claim costs and expenses whatsoever or howsoever caused to any person or property in any circumstance whatsoever by the Exhibitor, his/her servants, or agents or the goods, exhibits, fittings, machinery and other property belonging to the Exhibitor for which the Exhibitor is responsible and the Exhibitor hereby agrees to indemnify Segue Productions in respect of any such loss, damage, injury, claims, costs expenses as foresaid.

The Exhibitor, in relation to participation in this show, must carry a minimum of $ 1 million public liability and damage insurance.

The Exhibitor agrees to provide Segue Productions upon request with a certificate of insurance for a minimum of $1,000,000 General Liability Coverage inclusive of bodily injury and/or property damage for each occurrence. Segue Productions and the Toronto Airport Marriott Hotel must be named as additional insured in respect to the operation of Entertainers World 2007.

Exhibitors wishing to insure their goods must do so at their own expense.

If Segue Productions should be prevented from holding the show, or if it cannot permit the exhibitor to occupy his rented space due to circumstances beyond their control including, but not limited to, strike, fire, civil disobedience, terrorism, inclement weather, tornado, flooding, earthquake, lightning, explosion, lockouts, and acts of God, Segue Productions will refund to the exhibitor the amount of the exhibit space rental paid, less a proportionate share of the show expenses. Suppliers of the Entertainers World 2007 show shall have no further obligation or liability to the Exhibitor. Any contractual agreement made between an Exhibitor and the supplier shall be between those parties, and Segue Productions shall not be party thereto nor incur any liability on behalf of any one Exhibitor in such contractual agreements.

Exhibitors for a fee, can request event date insurance coverage through the Insurance suppliers of Segue Productions.

EXHIBIT BUILDING RULES

As sub-tenants, Exhibitors are required to abide by the rules and regulations of the management and any unions of the Toronto Airport Marriott Hotel. A copy of these rules is on file at the show site office of Segue Productions.


OFFICIAL CONTRACTORS

Where an official contractor has been designated by Segue Productions to perform services for Exhibitors such as rental of exhibit furniture, pipe and drape, erections of exhibits, electrical work, plumbing, labour, or any other service, no Exhibitor or his/her representative shall contract for such services with other than the said official contractor unless permission has been secured in writing from Segue Productions in advance.

The Exhibitor agrees to observe all union contracts and labour relations agreements in force, agreements between the Show Management and all Contractors servicing the Toronto Airport Marriott Hotel and Entertainers World 2007, and to observe labour laws of the jurisdiction in which the building is located.

GENERAL

All matters and questions not covered by the show terms and conditions and Contract are subject to the decision of Segue Productions.

In addition, Segue Productions shall have full discretion in the interpretation and enforcement of all rules contained herein and the authority to make such amendments thereto, and such further rules and regulations governing the conduct of and participation in the show as it shall consider necessary for the proper presentation of the show.

The Exhibitor agrees to cease any activity that Segue Productions deems to be a violation of the terms and to follow the directives of Segue Productions.

Details and conditions contained in these pages and the floor plan are subject to change to suit exhibit requirements.

MISCELLANEOUS

This contract is irrevocable, and the rights of Segue Productions under this contract shall not be deemed waived except as specifically stated in writing by an authorized representative of Segue Productions.

The Exhibitor further agrees that upon acceptance of this agreement by Segue Productions, with or without appropriate or timely payment of any and all fees, this agreement shall become binding and enforceable in accordance with its terms.

RESTRICTIONS

No Helium Balloons are allowed.

Alcohol/Wine/Spirits are not allowed in Exhibit or Seminar areas.

Segue Productions reserves the right to have sole discretion on whether or not any Exhibitor can participate in Entertainers World 2007.

All decisions by Segue Productions shall be final and binding upon all parties.

 
 

 

 

 

 

 



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