Use of Space
Each EXHIBITOR shall be restricted to showing only those goods described in this agreement, and shall confine its exhibit, activities and operations to the licensed space. In the event of the failure of the EXHIBITOR to utilize all its space to the satisfaction of the LICENSOR, it may at any time after the opening hour allot any vacant space to such other applicant as it may deem proper. The LICENSOR reserves the right to relocate contracted exhibit space as it may deem necessary, in its sole discretion, for the overall benefit of the exhibition.
Character of Exhibit
The LICENSOR reserves the right in its sole discretion to decline, prohibit or remove any exhibit or part thereof, EXHIBITOR or proposed exhibit or EXHIBITOR not approved of by it, and to permit only such matter and conduct as it shall approve.
The above reservation covers persons, things, conduct, printed matter, souvenirs and emblems, and all things which affect the character of the Exhibition, and the EXHIBITOR will not obstruct or hinder the LICENSOR in preventing or removing forthwith any matter, conduct or thing which it considers objectionable.
The EXHIBITOR agrees that all equipment, materials and devices, including without limitation radio, television moving pictures, sound and visual aids will be operated in such manner and location as to cause no inconvenience to other exhibitors or to the public. Sound will be kept at a level to reach the immediate vicinity of the EXHIBITOR’s area only, and the LICENSOR reserves the right to remove or discontinue use of anything contravening these regulations. Excepting antiques or other decor items, all equipment displayed must be new.
Risk
All property used or exhibited is at the sole risk of the EXHIBITOR, and the LICENSOR will not assume any responsibility for the safety of exhibits against theft, robbery, fire, accidents or for any cause whatever, or for bodily injury or damage to property caused by the operations of the EXHIBITOR. The EXHIBITOR understands and agrees that the LICENSOR shall assume no responsibility for representations or warranties given by the EXHIBITOR to the public in regard to its products and services, or for transactions or contracts between the EXHIBITOR and the public, or for any losses or damages arising therefrom. EXHIBITOR acknowledges that neither the LICENSOR nor the building in which the show takes place maintains insurance covering EXHIBITOR’S property and that it is the sole responsibility of the EXHIBITOR to obtain business interruption and property damage insurance covering such losses by the EXHIBITOR.
Receipt of Goods
All goods must be plainly marked with the name of the EXHIBITOR and the number of his space c/o the full name of the Show covered by this Agreement, and under no circumstances will goods be received on which there are charges of any kind. A clerk is placed at the receiving entrance for the convenience of exhibitors, but under no consideration will the LICENSOR assume any responsibility for loss or damage to the goods consigned to its care.
All pick-ups and deliveries shall be made to such entrance and by such facilities and at such times as designated by the LICENSOR.
Booth Construction and Signs
Where the EXHIBITOR provides its own booth and signs, these must conform throughout the period of the exhibition to instructions outlined in ‘Exhibitor Information Kit.’
Safety Regulations
All decoration must be flame-proof and pass inspection by all designated authorities, and electrical and gas equipment used or exhibited must conform to the requirements of all electrical, gas and fire regulatory authorities, or any other Federal, Provincial, or Municipal authority, board or commission having due jurisdiction in the location of the Show covered by this Agreement. The EXHIBITOR acknowledges and covenants to abide by the Rules and Regulations as set forth in the Occupational Health and Safety Act governing safe working conditions and the Safe Food Handling Code of Practice. All sampling of alcohol must adhere to the guidelines of the appropriate regulatory board.
Removal of Goods
Under no circumstances shall any portion of an exhibit be removed from the exhibit premises during the continuance of the exhibition without prior written permission of the LICENSOR. The EXHIBITOR will cause all exhibits, equipment and appurtenances to be removed from the Show premises on the date and time specified as ‘Exhibit Removal Deadline’ in “Information for Exhibitors.” The LICENSOR shall be entitled to remove all exhibits, equipment and appurtenances of the EXHIBITOR to any place of storage in the event of the EXHIBITOR’s failure to remove by such deadline, the EXHIBITOR shall bear all costs of such removal or storage, and the EXHIBITOR shall be liable for all additional charges or damages assessed against the LICENSOR for or by reason of all such property of the EXHIBITOR left on the Show premises or their environs after such deadline.
Prevention or Interruption of Use of Premises
In the case the premises are destroyed or damaged by fire or the elements, or by any other cause, or in case of any circumstances whatsoever, including strikes, shall make it impossible or impractical for the LICENSOR in its sole discretion to permit any EXHIBITOR or EXHIBITORS to occupy the premises, the EXHIBITOR or EXHIBITORS shall pay for space only for the period that the space was or could have been occupied by such EXHIBITOR or EXHIBITORS, and the LICENSOR is released from any and all claims for damage which might arise in consequence thereof. In the event that, for any reason, the Show is not held as proposed, the LICENSOR, on refunding of moneys received from an EXHIBITOR or EXHIBITORS, in accordance with the preceding sentence shall be released from all claims for damages.
Liability and Insurance
The EXHIBITOR shall obtain and maintain at its own expense a comprehensive general liability and all risk property insurance policy acceptable to the LICENSOR for the period commencing on the first move-in date and terminating on the last move-out date. The policy shall name the LICENSOR as loss insured and insure the EXHIBITOR against all claims of any kind arising from or in any way connected with the EXHIBITOR’S presence or operations at the Show. The policy shall provide coverage of at least $2,000,000 for each separate occurrence. At the request of the LICENSOR, the EXHIBITOR shall provide the LICENSOR with a copy of such policy.
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 its environs. The EXHIBITOR shall not make any claim or demand or take any legal action, whatsoever, against the LICENSOR, the Show sponsors, Show contractors or the facility in which the Show is held, for any loss, damage or injury howsoever caused, to the Exhibitor, its officers, directors, agents, representatives, and employees or their respective property.
Neither the LICENSOR nor the facility will assume liability for loss for damage, through any cause, of equipment, products, goods, exhibits or other materials owned, rented or leased by the EXHIBITOR.
This agreement shall be binding upon the parties hereto and their respective executors, successors and permitted assigns.
