South Florida Police & Security Expo Terms & Conditions
1. Payment and Terms: Exhibit space cost and payment terms are stated on the front of this contract, and all payments are nonrefundable. In the event of total or partial cancellation (space size reduction) by Exhibitor, the Booth Fee will not be reduced or refunded, and the total amount will be due. If Exhibitor fails to pay the entire Booth Fee at the times specified, or fails to comply with any of the terms and conditions or rules and regulations, Silver Bullet Productions, Inc. may reassign the booth location reserved for Exhibitor and/or may resell that booth location to another party. The entire Booth Fee must be paid in full prior to move-in of the exposition. If Exhibitor cancels or breaches this agreement for any reason whatsoever, in addition to whatever rights Silver Bullet Productions, Inc. may have under applicable law, any payments made by Exhibitor prior to the date of termination shall be retained
by Silver Bullet Productions, Inc. as liquidated damages and not as a penalty. Silver Bullet Productions, Inc. and Exhibitor agree that such amounts constitute a reasonable provision for liquidated damages. Exhibitor shall also be liable for any payments required to be paid, but not paid as of the date of cancellation or breach of this agreement. If the exposition is cancelled or is not held for any reason
whatsoever, then this agreement shall be cancelled. Exhibitor’s sole and exclusive remedy shall be to receive a refund of all amounts Exhibitor has actually paid on account of this contract. If for any reason beyond Silver Bullet Productions, Inc. reasonable control (e.g., an act of God, fire, labor disturbance, etc.) the exposition is materially curtailed, Exhibitor’s sole and exclusive remedy shall be to receive a pro-rata refund of the Booth Fee.
2. Booth Assignment: Assignment of exhibit space is on a “first-come, first-served” basis. Silver Bullet Productions, Inc. will attempt to make booth assignments in keeping with Exhibitor’s requests (would like/would not like to exhibit near) set forth on the front of this contract. HOWEVER, Silver Bullet Productions, Inc. RESERVES THE RIGHT TO MAKE THE FINAL DETERMINATION OF ALL SPACE ASSIGNMENTS AND SHALL HAVE NO LIABILITY FOR ITS FAILURE OR INABILITY
TO COMPLY WITH EXHIBITOR’S REQUESTS. EXHIBITOR SHALL HAVE NO RIGHT TO CANCEL THIS CONTRACT BECAUSE OF Silver Bullet Productions, Inc. TO COMPLY WITH EXHIBITOR’S REQUESTS.
3. Exhibit Content: The exposition is designed to provide a showcase for goods and services either specifically designed for or customarily used by the industry the exposition serves. Exhibitor may not, under any circumstances, display or promote any goods or services other than its own goods and services of the kind described on the front of this contract. Silver Bullet Productions, Inc .reserves the right to refuse rental of display space to any company whose display of goods or services is not, in the opinion of
Management, compatible with the general character and objectives of the exposition.
4. No Assignment or “Subletting” of Space: Exhibitor may not assign this contract and may not permit or “sublet” all or any part of its assigned booth space to be used by any other business or firm, unless Silver Bullet Productions, Inc. has given prior written approval. Any such assignment, permission or “sublease” without Silver Bullet Productions, Inc. prior written approval shall be null and void.
5. Exhibitor’s Authorized Representative: Exhibitor must designate one person as its representative in connection with installation, operation and removal of its exhibit. The designated representative shall be authorized to enter into exhibition service contracts and for which Exhibitor shall be responsible. The designated representative must be in attendance throughout all exposition periods; and representative shall be responsible for keeping the exhibit neat, staffed and orderly at all times.
6. Fire, Safety and Health: Exhibitor assumes all responsibility for compliance with local, city and state ordinances and regulations covering fire, safety and health.
7. Exhibit Rules and Regulations: Exhibitor will be provided with an Exhibitor Manual no later than 60 days prior to the opening of the show. The Exhibitor Manual and all rules and regulations included therein will become part of this contract. The Exhibitor Manual describes the type and arrangement of exhibit space, the standard equipment provided by Silver Bullet Productions, Inc. and rules governing the construction of displays. All booth space must be arranged and constructed in accordance with the guidelines, provisions and limitations contained in the Exhibitor Manual. If, in the sole opinion of Silver Bullet Productions, Inc. any exhibit fails to conform to the Exhibitor Manual guidelines, or the provisions set forth herein, such exhibit will be prohibited from functioning at any time during the exposition. Any questions concerning the rules and regulations should be directed to Silver Bullet Production, Inc. Silver Bullet Productions, Inc. reserves the right to require an exhibitor to alter the exhibit before or during the show, as Silver Bullet Productions, Inc. deems to be in the best interests of the show. Such changes shall be made at Exhibitor’s expense and are subject to the approval of Silver Bullet Productions, Inc.
8. Licenses / Permits: Exhibitor shall be responsible for obtaining any licenses, permits or approvals required under local or state law applicable to their activity at the exposition. Exhibitor shall be responsible for paying all taxes, license fees or other charges that shall become due to any government authority in connection with their activities at the exposition. EXHIBITOR IS NOT PERMITTED TO MAKE SALES AT ITS BOOTH SPACE UNLESS IT HAS OBTAINED AND DISPLAYS A SALES TAX AUTHORIZATION AS REQUIRED BY LOCAL LAW.
9. Recorded or Live Music: Exhibitor acknowledges that the use or performance of recorded or live music at the exposition must be licensed from the copyright owner or its agent. Exhibitor will take full responsibility for obtaining any necessary licenses to play or perform such music and agrees to defend, indemnify and hold harmless Silver Bullet Productions, Inc. from any damages or expenses
(including reasonable attorneys fees) incurred by Silver Bullet Productions, Inc. due to Exhibitor’s use or performance of recorded or live music.
10. Exhibitor Functions During Exposition Hours: Exhibitor’s booth will be open and fully staffed during all official exposition hours. Exhibitor expressly agrees that it will not, nor will its employees or representatives, conduct exhibitor functions in private rooms during official exposition hours.
Expo Times & Dates: Wednesday June 3rd, 2009 from 9:00 am to 4:00 pm
Thursday June 4th, 2009 from 9:00 am to 4:00 pm
11. Photography: The photographic rights for the exposition are reserved to Silver Bullet Productions, Inc. and photography in the exposition required by Exhibitor can be carried out at moderate charges by the official photographers designated by Silver Bullet Productions, Inc., if desired. If exhibitor wishes to make its own arrangements for the photographing of its own exhibit, exhibitor must apply to Silver Bullet Productions, Inc., whose permission shall not be unreasonably withheld.
12. Installation and Removal: Exhibits must be completely installed, assembled, and ready for display to visitors by 8:00 a.m. on the opening day of the exhibit. Failure to occupy exhibit space by 8:00 a.m. on the opening day of the exhibit constitutes a cancellation of this CONTRACT FOR EXHIBIT SPACE by the Exhibitor. DISMANTLING: Exhibitor agrees not to dismantle and/or remove any part of their exhibit, equipment, or material prior to the official closing of the exhibition as posted in Exhibitor Manuel. Exhibitor agrees to remove all exhibition display, equipment, and materials no later than the time stated in the Official Exhibitor Kit. Anything not removed by the dismantlement cutoff time will be discarded at Exhibitor’s cost. Exhibitor shall not dismantle its exhibit prior to the exposition’s close.
13. Property Loss or Damage: Silver Bullet Productions, Inc. shall not be responsible for any loss of or damage to any property of Exhibitor or of its booth personnel, representatives, agents, servants, employees, contractors, patrons, guests, licensees or invitees. All of Exhibitor’s property remains under its custody and control in transit to and from the exhibit hall and while it is in the confines of the exhibit hall. Neither Silver Bullet Productions, Inc. nor its service contractors, nor the management of the exhibit hall nor any of the officers, staff members or directors of any of the same are responsible for the loss of or damage to property of Exhibitor or of its booth personnel, representatives, agents, servants, employees, contractors, patrons, guests, licensees or invitees from theft, fire, accident, vandalism or any other cause, and Exhibitor expressly waives and releases any claim or demand against any of them by reason of any damage to or loss of any property. Exhibitor shall be solely responsible for the loss of or damage to any property of
Exhibitor’s personnel, including but not limited to Exhibitor’s booth personnel and representatives, models, demonstrators and actors. Accordingly, it is Exhibitor’s responsibility to secure its own insurance or otherwise protect itself and its property and the property of its booth personnel, representatives, agents, servants, employees, contractors, patrons, guests, licensees or invitees against loss or damage.
14. Liability and Insurance: In addition to property insurance described above, Exhibitor shall obtain and keep in force during the term of the installation and use of the exhibit premises, policies of comprehensive Commercial General Liability Insurance and Contractual Liability Insurance insuring and specifically referring to contractual liability in an amount not less than $1,000,000 Combined Single Limit for personal injury and property damage. Exhibitor must provide Silver Bullet Productions, Inc. with a certificate of insurance covering the show location for the period of the show and which names Silver Bullet Productions, Inc. and the exhibition facility management as co-insured. Silver Bullet Productions, Inc. RESERVES THE RIGHT TO PROHIBIT EXHIBITOR FROM SETTING UP OR OPERATING ITS BOOTH WITHOUT HAVING PROVIDED A CERTIFICATE OF INSURANCE.
15. Indemnification: Exhibitor agrees to defend, indemnify and hold harmless Silver Bullet Productions, Inc. (and the exhibition facility management) from and against all claims, demands, actions, damages, loss, cost, liabilities, expenses and judgments recovered from or asserted against Silver Bullet Productions, Inc. (or the exhibition facility management) on account of injury or damage to person or property to the extent that any such damage or injury may be incident to, arise out of, or be caused, either proximately or
remotely, wholly or in part, by an act, omission, negligence or misconduct on the part of Exhibitor (or of any of its booth personnel, representatives, agents, servants, employees, contractors, patrons, guests, licensees or invitees, or of any other person entering in or about the Exhibitor’s booth space with the express or implied permission of Exhibitor), or when any such injury or damage is the result, proximate or remote, of the violation by Exhibitor (or of any of its booth personnel, representatives, agents, servants,
employees, contractors, patrons, guests, licensees or invitees) of any law, ordinance or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the operation or use of Exhibitor’s booth space. Such indemnification by the Exhibitor shall be effective unless such damage or injury results from the gross negligence or willful misconduct of Silver Bullet Productions, Inc.. Exhibitor covenants and agrees that in case Silver Bullet Productions, Inc. (or the exhibition facility
management) shall be made a party to any litigation commenced by or against Exhibitor or relating to this contract or to Exhibitor’s booth space or to any of its agents, servants, employees, contractors, patrons, guests, licensees or invitees, then Exhibitor shall and will pay all costs and expenses, including reasonable attorney’s fees and court costs, incurred by or imposed upon Silver Bullet Productions, Inc. (or upon the exhibition facility management) by virtue of any litigation.
16. Labor: Exhibitor shall observe all contracts in effect between Silver Bullet Productions, Inc. service contractors, exposition facilities and the labor organizations involved.
17. Disputes with Contractors, Unions, Other Exhibitors, etc.: In the event of a dispute or disagreement between Exhibitor and an official contractor, or between Exhibitor and a labor union or labor union representative, or between two or more exhibitors, or concerning the interpretation of the rules and regulations, the actions or decisions concerning this dispute or disagreement by Silver Bullet Productions, Inc. intended to resolve the dispute or disagreement shall be final and binding on Exhibitor.
18. Acceptance of this Contract: This Exhibit Application/Contract does not become a binding contract until Silver Bullet Productions, Inc. has issued a written confirmation of acceptance. The receipt and deposit of Exhibitor’s payment accompanying the application for space does not constitute acceptance of a contract.
19. Integration: This contract contains the entire agreement between Silver Bullet Productions, Inc. and Exhibitor. It may not be orally modified. Only an agreement in writing signed by a duly authorized representative of the party against whom enforcement or waiver or modification is sought will be enforceable.
20. Choice of Law and Forum: This contract shall be governed by the laws of the State of Florida. Any action commenced by Exhibitor arising out of or relating to this Agreement, or arising out of or relating to the exposition, shall be brought solely in the courts of Florida unless Silver Bullet Productions, Inc. consents to another forum. Exhibitor consents to the jurisdiction of the courts of Florida for the resolution of any action arising out of or relating to this Agreement, or arising out of or relating to the exposition.
21. Shipping and Storage: Information on shipping and storage will be outlined in the Exhibitors Manuel provided by Silver Bullet Productions, Inc. All exhibit materials must be shipped to the drayage company designated by Silver Bullet Productions. Any exhibits shipped directly to the Palm Beach County Convention Center will be refused. Exhibitors agree to ship at their own risk and expense.
22. Security: Silver Bullet Productions, Inc. shall provide a reasonable level of security service throughout the hours of installation, exhibit hours and dismantling, and shall exercise reasonable care for the protection of the exhibitor’s materials and displays. Beyond this, neither Silver Bullet Productions, Inc. the show facility, nor any officer, director or staff member thereof will be responsible for
the safety of the property or the exhibitor from any cause.
23. FURNISHINGS AND DECORATIONS: Exhibitors who need additional furnishings and decorations such as carpet, tables, chairs, foliage, etc., may rent this equipment from the Official Exhibition Services contractor in advance.
24. FIREARMS, AMMUNITION, MUNITIONS, PYROTECHNIC DEVICES, AND CHEMICAL AGENTS: All firearms displayed or taken into the exhibition center, including any item designed for and capable of launching a projectile, must be rendered non-functional either by installing a non-removable trigger lock or by removing the firing pin. All ammunition, munitions, and pyrotechnic products and chemical agent devices must be inert or dummy replicas. All devices designed for and/or capable of
launching must be rendered non-functional.
25. VEHICLES: Any vehicle being displayed inside the exposition hall must have less than a ¼ tank of gas, battery disconnected, and drip pan and/or protection underneath the vehicle.
26. Other Rules and Regulations: Silver Bullet Productions, Inc. RESERVES THE RIGHT TO CHANGE THE RULES AND REGULATIONS, AND TO MAKE ADDITIONAL RULES AND REGULATIONS, AS IT DEEMS TO BE IN THE BEST INTERESTS OF THE EXPOSITION. Silver Bullet Productions, Inc. SHALL HAVE SOLE POWER TO INTERPRET, AMEND AND ENFORCE RULES AND REGULATIONS.