TERMS CONDITIONS
These terms and conditions, together with the order form is entered into by and between you (“Exhibitor ”) and ZJ Events LLC (DBA BIZCANN Expo) (“Organizer”) for the use of space (“Exhibit Room”).
The organizer reserves the right, in its sole discretion, to approve or withhold approval of this Agreement and establish such further terms and conditions as the Organizer may reasonably deem necessary. If you are entering into this Agreement on behalf of a company or other legal entity (e.g., your employer), you represent and warrant that you are authorized to do so. This Agreement shall constitute an integrated, valid and binding contract between the Exhibitor and Organizer.
1. CONDITIONS OF PARTICIPATION:
To participate in the Exhibit, the Exhibitor must sign and
return the Agreement and comply with all of the terms and
conditions. Exhibitor acknowledges and agrees that the organizer has the sole authority to determine the
characteristics
of the Exhibit, including, but not limited to, date, time, type of products and services to be exhibited, fees,
and
deadlines. Any deviation by Exhibitor from the foregoing requirements (or any other material provisions of this
Agreement) shall be strictly prohibited. Further, the Exhibitor shall truthfully inform Exhibit attendees about
the
qualities, prices, sales conditions and guarantees of its products or services in a complete, objective manner,
and
there shall be no advertising or action taken by Exhibitor likely to be misleading or that may constitute unfair
competition. The exhibitor may be required by the Organizer to provide a full description of the nature of its
business
and the items it intends to exhibit.
2. NOT A LEASE:
Organizer and Exhibitor acknowledge and agree that it is the express
intention of the parties hereto that this Agreement
shall not constitute a lease and that this Agreement shall not conveyor vest a leasehold or possessory interest
in
Exhibitor as to the Exhibit Room or the Center, and Exhibitor ’s right to occupy and use the Exhibit Room may be
terminated by Organizer in accordance with this Agreement.
3. EXHIBIT ROOM AND BOOTH PLACEMENT:
Space will be assigned to Exhibitor by the Organizer at
the Organizer’s sole discretion. Space assignments may be
revoked or changed by the Organizer if the Exhibitor
fails to meet payment deadlines or does not comply with the terms of this Agreement. The organizer reserves the
right to
relocate the Exhibitor to another space in the Exhibit Room and will notify the Exhibitor of such relocation
using the
email address or phone number provided in the application form. The organizer assumes no responsibility for
Exhibitor’s
goods, products or fixtures before, during or after the Exhibit. The organizer shall determine the dates and
hours for
establishing, dismantling and occupying booths. If Exhibitor fails to establish its display in its appointed
space by
11:00 a.m. on the start date of the Exhibit and/or leaves its space without supervision at any time during the
Exhibit,
the Organizer shall have the right, but not the obligation, to seize the space, terminate this Agreement and
retain the
Exhibit Fee with no refund to Exhibitor. Exhibitor’s booth must also be open for business at all times during
the term
of the Exhibit.
4. USE OF EXHIBIT ROOM:
The exhibitor shall use the Exhibit Room for the purposes set forth
in the Agreement. No portion of the sidewalks,
ramps, entries, doors, corridors, vestibules, hallways, lobbies, stairways, aisles or driveways of the Center
shall be
impeded by Exhibitor, its agents, representatives, employees, guests or invitees, or used for any purpose other
than
ingress or egress from the Center. Access to public utilities, fire suppression equipment, heating, and air
conditioning
vents shall not be covered or obstructed at any time.
5. OPERATIONS AND MANAGEMENT OF CENTER AND EXHIBIT ROOM:
The exhibitor shall use the Exhibit
Room in compliance with all policies, rules, and regulations established by the
Organizer and/or the Center. In permitting the use of the Exhibit Room, Organizer does not relinquish and does
hereby
retain as between Organizer and Exhibitor the right to enforce all necessary and proper rules for the management
and
operation of the Center. Exhibitors must take all necessary fire safety precautions and all booths and materials
are
subject to fire safety inspection by appropriate officials during the Exhibit.
6. FEES/REFUNDS:
Payment in full of the fees set forth in the order form (the “Exhibit Fee”) must be received by wire transfer
(in
accordance with the wire transfer instructions set forth in the order form) or credit card (credit card
authorization
form provided by the Organizer) within seven (7) days after the invoice date in U.S. currency. No cash shall be
accepted. Failure to make full payment of the Exhibit Fee by the Payment Deadline shall result in the loss of
the
Exhibitor ’s rights to participate in the Exhibit. All deposits applied to obtain multi-show discounts are
non-refundable. In the event the exhibitor cancels exhibit space contracted herein, the exhibitor must do so in
writing.
We will accept cancellation of this contract subject to the following schedule:
- If cancellation is received with more than 90 days until the show, we will refund 100% of payments received
- If cancellation is within 90 days of the show, we will refund 50% of payments received
- If cancellation is within 60 days of the show, no refund will be paid.
- Any refunds due will be made 1 week after the completion of the respective show.
- Any outstanding balances must be paid in full 90 days before the show, failure to do so authorizes the event organizer to release any reserved space or sponsorships for sale to another interested party.
- All multiple show commitments, deposits, and fees are non-refundable.
7. SUBLETTING PROHIBITED:
Subletting, sub-licensing or sharing any portion of Exhibitor ’s designated portion of the Exhibit Room by
Exhibitor
with anyone other than Exhibitor is expressly prohibited unless consented to in writing by Organizer in its sole
discretion.
8. COMPLIANCE WITH LAWS:
The exhibitor shall not use the Exhibit Room or Center for any
unlawful purpose. Exhibitor shall, and shall cause any
person acting for and on its behalf, and its guests and invitees, to comply with all laws, rules, ordinances,
statutes
or regulations of all federal, state, county, municipal and local governmental bodies, including, but not
limited to,
Hemp/CBD, smoking and noise ordinance(s), fire safety laws and ordinances, statutes or regulations with respect
to the
promotion, exhibition and display of Hemp/CBD in all its forms, electronic devices that deliver vapor for
inhalation
(including any refill, cartridge or any other component thereof ), electronic cigarettes, vaporizers, vapor
products,
e-liquids and their byproducts (collectively, “Applicable Regulations”). Exhibitor hereby represents and
warrants that
it has performed its own due diligence with respect to such Applicable Regulations and acknowledges and agrees
that
Organizer shall assume no liability for Exhibitor, its officers, directors, members, partners, employees,
agents,
representatives, affiliates, successors or permitted assigns or invitees’ compliance with such Applicable
Regulations.
Exhibitor also acknowledges and agrees that nothing contained herein constitutes legal advice as to current or
future
Applicable Regulations and that the Organizer shall not and does not have any responsibility to inform or
otherwise
communicate to Exhibitor any change, amendment or revision to such Applicable Regulations. For the avoidance of
doubt,
Exhibitor acknowledges and agrees that the Applicable Regulations with respect to the promotion, exhibition,
use, and
display of Hemp/CBD in all its forms, electronic devices that deliver vapor for inhalation (including any
refill,
cartridge or any other component thereof ), electronic cigarettes, vaporizers, vapor products, e-liquids, and
their
byproducts are subject to change and Exhibitor makes no representation or warranty and expressly disclaims that
the
Applicable Regulations in force as of the date of execution of the Agreement will be the same as of the dates of
the
Exhibit.
9. PROHIBITED ACTIONS:
Exhibitor represents, warrants and covenants that it shall not offer for sale any of Exhibitor’s products at the
Exhibit
that violate any local, state or federal law. Exhibitor further represents, warrants and covenants that it shall
not
give away or otherwise distribute any prohibited products for use by any persons outside the confines of the
Exhibit
Room and that any use of any products within the confines of the Exhibit Room during the Exhibit shall comply
with any
and all Applicable Regulations in force and effect during the Exhibit.
10. EJECTION OF DISORDERLY PERSONS:
The Organizer reserves the right to refuse entrance to, or remove and eject from the Center, any person whose
conduct is
objectionable, disorderly or disruptive to Organizer’s employees and representatives and/or to the Center’s
guests and
invitees, and/or is in violation of the law, including Exhibitor, its officers, directors, members, partners,
employees,
agents, representatives, affiliates, successors or permitted assigns, guests or invitees. Exhibitor assumes full
responsibility for the acts and conduct of itself, its officers, directors, members, partners, employees,
agents,
representatives, affiliates, successors or permitted assigns.
11. PARKING:
All vehicles shall be driven and parked in designated areas unless directed by the Organizer’s authorized
representatives.
12. ALTERATIONS & IMPROVEMENTS:
Without Organizer’s prior written consent, the Exhibitor shall make no permanent alterations or improvements to
the
Exhibit Room or make any installations that will be attached to the surfaces of the Exhibit Room or in any
manner alter
the existing surfaces of the Exhibit Room. Any alterations or improvements of whatever nature made or placed by
Exhibitor to or on the Exhibit Room and not removed at the conclusion of the Exhibit shall, at Organizer ’s sole
discretion, be removed by the Organizer at Exhibitor’s expense, and/or become Organizer’s property. Exhibitor
shall not
post nor permit any sign to be affixed to the Exhibit Room or anything else that could reasonably be likely to
injure
mar or in any manner deface the Exhibit Room. The exhibitor shall not permit nails, hooks, adhesive fasteners,
tacks,
screws or any other such device to be installed on any part of the Exhibit Room.
13. MATERIALS:
Signs may only be posted in approved areas. All signs and posters must relate to the Exhibit. The use and/or
application
of tire black or any similar silicone-based product is strictly prohibited. Large items displayed, housed or
presented
on any floor must be placed on a tarp or a similar covering so as not to stain or damage the flooring. Heavy
materials
must not be dragged, skidded or rolled over floors. All heavy materials or equipment must have matting placed
underneath
to protect all floor surfaces. Loading and unloading must be done in designated loading zone areas only. Items
may not
be placed on heating/air conditioning units. No pop-up tents or canopies are permitted inside the Center or
Exhibit
Room. No candles, glitter or confetti shall be used for decoration. The exhibitor shall not operate any Center
equipment
or materials without the Organizer ’s prior written approval, which approval shall be at the Organizer ’s sole
discretion.
14. LOST/STOLEN PROPERTY:
In no event shall Organizer, directors, members, partners, employees, agents, representatives, affiliates,
successors or
permitted assigns to be responsible for any lost, left, stolen or damaged items.
15. DAMAGES TO EXHIBIT ROOM:
Exhibitor shall be responsible for any and all damages to the Exhibit Room and/or the Center caused by
Exhibitor, its
officers, directors, members, partners, employees, agents, representatives, affiliates, successors and permitted
assigns, guests and invitees occurring during the use of the Center and Exhibit Room by Exhibitor, including in
connection with the installation or removal of any alterations or improvements, whether permitted or not by
Organizer.
16. TRASH REMOVAL:
At the conclusion of the Exhibit, Exhibitor will remove all garbage/refuse/rubbish generated in connection with
its use
of the Exhibit Room and Center and any other goods, wares, merchandise or property owned by Exhibitor or which
Exhibitor
has placed or permitted to be placed in the Exhibit Room or Center. In the event if Exhibitor fail, neglect or
refuse to
remove any of its property or the property of any of its officers, directors, members, partners, employees,
agents,
representatives, affiliates, successors and permitted assigns, guests and invitees from any portion of the
Center,
including the Exhibit Room, upon the conclusion of the Exhibit, said property shall be deemed abandoned and
Organizer
shall, at its sole discretion, remove, place in storage, or otherwise dispose of any such property at Exhibitor
’s sole
cost and expense.
17. INTELLECTUAL PROPERTY:
Exhibitor expressly represents and warrants that at no time shall any music, literary artistic work or other
property
protected by or subject to copyright, patent or other intellectual property rights of a third party be used in
connection with or for the Exhibit unless pursuant to a valid license agreement between Exhibitor and such third
party,
and such use by Exhibitor does not and will not infringe the copyright, patent or other intellectual property
rights of
any third party. Exhibitor hereby grants Organizer a limited, non-exclusive license to use Exhibitor ’s
copyrights,
trade names, trademarks, service marks and similar intellectual property and proprietary rights in connection
with the
Exhibit. Organizer hereby grants Exhibitor a limited, non-exclusive license to use the BIZCANN Expo
logo as
it appears in the “BIZCANN Expo Logo” document to be provided with the invoice for promotional
purposes
only in connection with the Exhibit, which excludes the use of such logo on Exhibitor ’s products or services;
provided
that any use of such logo shall require the prior written consent and approval of the Organizer, which consent
or
approval shall be at Organizer ’s sole discretion.
18. PHOTO RELEASE:
Without payment or other consideration to Exhibitor, Exhibitor irrevocably grants to Organizer the right to use
photographs of Exhibitor ’s participation in the Exhibit, including use of the Center and Exhibit Room, and to
copyright, use and publish the same in print and/or electronically, with or without Exhibitor’s name, for any
lawful
purpose. Exhibitor acknowledges, understands and agrees that these materials will become the Organizer’s
property and
shall not be returned, and may be altered and edited by Organizer without Exhibitor’s approval.
19. ADVERTISING:
Exhibitor shall not broadcast by television, radio or other medium, videotape, record or transcribe, any
exhibitor
activity scheduled to be presented or performed in the Exhibit Room, or advertise, post, or exhibit, signs,
advertisements, show bills, lithographs, posters, or cards of any description inside or outside or on any part
of the
Exhibit Room, in each case, without Organizer’s prior written consent. Exhibitors may be required to pay
additional fees
and reimburse Organizer for costs incurred, if any, for all broadcasting, telecasting, videotaping and
transcription of
the Exhibit. Organizer reserves all rights to all broadcasting, telecasting, videotaping and transcription of
all
performance functions, meetings, and activities of all users of the Center and Exhibit Room, including
Exhibitor.
20. SOLICITATIONS:
No collections or donations, whether for charity or otherwise, shall be made, attempted or announced during the
Exhibit
in any portion of the Center or Exhibit Room without Organizer’s prior written approval.
21. EXHIBIT START/END TIME:
Setup and teardown time is included in rental time. No materials
relating to or for the Exhibit may be stored by or for
Exhibitor before or after 24 hours of the event. In the event that Exhibitor fails to provide the appropriate
insurance
as required under this Agreement or fails to produce proof of insurance satisfactory to Organizer in its sole
discretion, The organizer shall have the right, but not the obligation, to procure insurance for Exhibitor, at
Exhibitor’s sole expense. Exhibitor represents, warrants and covenants that its insurance policy or policies
shall cover
and will continue to cover any risk inherent in the consumption and/or use of the Exhibitor’s products and
services.
22. LATE CHARGES, PENALTIES, FEES, ETC:
Organizers shall not be liable for the payment of taxes, late charges, or penalties of any nature relating to
the
Exhibitor any revenue received by or payments made to Exhibitor in connection therewith, except as otherwise
provided by
applicable law. Exhibitor shall pay and discharge as they become due, promptly and before delinquency, all
taxes,
assessments, rates damages, license fees, municipal liens, levies, excises, or imposts, whether general or
special,
whether ordinary or extraordinary, of every name, nature, and kind whatsoever, including all government charges
of
whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed, or which may become a lien
or
charge against this Agreement or any other property used in connection with the Exhibit. Notwithstanding the
foregoing,
the Exhibitor acknowledges that Organizer may collect sales or similar taxes on any or all of the Exhibit Fee if
Organizer determines, in its sole discretion, that any such taxes are owed with respect to any or all of the
Exhibit
Fee. Payment of any such taxes shall be made by the Exhibitor with the Exhibit Fee on the terms related to
payment of
the Exhibit Fee.
23. LIMITATION OF LIABILITY:
In no event shall organizer be liable to the exhibitor for any indirect, punitive, special, incidental or
consequential
damages whatsoever, including loss of goodwill or loss of profits even if the organizer has been apprised of the
possibility of such damages and whether any claim is made for breach of contract, breach of warranty, and/or
violation
of the applicable regulations, in tort or otherwise. The only warranties provided by the organizer are those
specifically set forth in this agreement, and such limited warranties are in lieu of any and all other
warranties,
express or implied, including any warranty of merchantability and fitness for a particular purpose.
24. ASSUMPTION OF RISKS:
Exhibitor completely assumes all risks associated with and/or resulting from, caused by, or arising from or in
connection with exhibitor’s participation or presence at the exhibit including, but not limited to, theft, loss,
harm,
damage or injury to or of any person (including death), property, business or profits of other exhibitors,
invitees and
attendees and notwithstanding whether caused by negligence, intentional act, accident, act of god or other
reasons. The
exhibitor assumes full and complete responsibility for theft, loss or damage to its property, whether the
property was
in or out the assigned storage area.
25. INDEMNIFICATION:
Exhibitor shall indemnify, defend and hold harmless ZJ Events, LLC, its partnered venues and their respective
officers,
directors, members, partners, employees, agents, representatives, affiliates, successors, permitted assigns,
guests and
invitees (each, an “Indemnified Party”) from and against any and all claims, suits, liens, judgments, damages,
losses,
and expenses, (including attorneys’ fees and expenses) (collectively “Losses”) arising or resulting from, in
whole or in
part, and in any manner, (a) any breach by Exhibitor of its obligations hereunder, or (b) the use or occupancy
by
Exhibitor, its officers, directors, members, partners, employees, agents, representatives, affiliates,
successors,
permitted assigns, guests and invitees of any portion of the Center (including the Exhibit Room); except where
such
Losses are caused by or resulting from the gross negligence of an Indemnified Party.
26. FORCE MAJEURE:
None of ZJ Events, LLC or partnered venues or their respective officers, directors, members, partners,
employees,
agents, representatives, affiliates, successors or permitted assigns shall be liable to Exhibitor for any
losses,
damages, and costs (including attorney’s fees and expenses) incurred by Exhibitor, in whole or in part,
resulting from
causes beyond Organizer’s control, including but not limited to acts of God or any laws, rules or regulations of
any
governmental body that would make it impossible, commercially unreasonable or illegal for Organizer to perform
its
obligations under this Agreement, including but not limited to changes in law with respect to Applicable
Regulations
(each, a “Force Majeure Event”). The exhibitor shall not make any claims against Organizer, and Organizer shall
not be
liable to Exhibitor, for any losses arising from the cancellation of any portion of the Exhibit due to a Force
Majeure
Event.
27. INJUNCTIVE RELIEF:
If Exhibitor fails or refuses to perform its obligations as required under this Agreement, Exhibitor
acknowledges and
consents to the Organizer ’s right to seek injunctive relief, in addition to the rights of Organizer, set forth
in this
Agreement and any other rights at law and equity, to compel Exhibitor ’s performance in accordance with this
Agreement.
28. COVID-19 DISCLAIMER – NOTICE –
Participant acknowledges that Participant is aware that the COVID-19 virus is highly contagious and if
contracted may
cause serious protracted illness, permanent or lengthy debilitating injury or death. Participant represents that
Participant also is fully cognizant of the risks of contracting COVID-19 associated with social interaction,
particularly in sizable groups with persons who are not known to be immune or vaccinated. Participant
understands that
Sponsor does not provide any assurance of any kind that Participant will not be exposed to and will not contract
COVID-19 while attending the exposition, nor does Sponsor guarantee that any other person in attendance will
comply with
any existing governmental orders, guidelines (including CDC and local health department guidelines) or
protocols, or
other socially responsible practices, regarding measures calculated to avoid or minimize COVID-19 spread.
Participant
acknowledges that Sponsor has not asked any attendee to provide any proof or make any representation regarding
such
attendee’s current health status and/or whether such attendee has previously contracted COVID-19, been
vaccinated for
the virus, or been exposed within the previous thirty days to any other person known or believed to have had or
been
exposed to the virus.
ASSUMPTION OF RISK –
By agreeing to the terms and conditions of participation in the exposition, and by participating in the
exposition,
Participant acknowledges he/she: a) has carefully read the above; b) understand the risks of being exposed to
and
contracting COVID-19 associated with attending the exposition; c) voluntarily assumes such risks, including the
risk of
serious protracted illness, permanent or lengthy debilitating injury or death. serious illness, debilitating
injury, or
death.
WAIVER OF LIABILITY/HOLD HARMLESS –
By agreeing to the terms and conditions of participation in the exposition, and by participating in the exposition,
Participant voluntarily releases, waives, and discharges Sponsor, its managers, officers, owners, agents, servants, and
employees, and agrees to hold each of the foregoing harmless from, all injuries, losses, claims, and damages related to
or arising out of any exposure to or contracting of COVID-19.
PRIVACY POLICY
Learn more about our privacy policy here