| 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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