Rocky Mountain Audio Fest / CANJAM 2018 Exhibit Space Contract

Size: px

Start display at page:

Download "Rocky Mountain Audio Fest / CANJAM 2018 Exhibit Space Contract"

Christiana Nelson
6 years ago
Views:

Room/Space Rocky Mountain Audio Fest / CANJAM 2018 Exhibit Space Contract This contract for exhibit space at the Rocky Mountain Audio Fest between Rocky Mountain Audio Fest, Inc.

RMAF will try to accommodate your specific request, however specific spaces are not guaranteed and we reserve the right to relocate space or deny a request if we deem it to be in the best interest of

1 Room/Space Rocky Mountain Audio Fest / CANJAM 2018 Exhibit Space Contract This contract for exhibit space at the Rocky Mountain Audio Fest between Rocky Mountain Audio Fest, Inc. (herein referred to as RMAF) and your company (herein referred to as the Room Owner) will become effective upon written acceptance by RMAF. RMAF will try to accommodate your specific request, however specific spaces are not guaranteed and we reserve the right to relocate space or deny a request if we deem it to be in the best interest of RMAF and/or its Exhibitors. 1. ROOM OWNER Company Name: Contact Person: Title: Street Address: City: State: Zip: Country: Phone: Cell: Fax: Website: The Room Owner will assume the responsibility for making the payment(s) to RMAF. It is the duty of the Room Owner to obtain reimbursement from other Exhibitors sharing the room(s) or suite(s) listed herein. The Room Owner agrees to add additional exhibitors online who will be sharing the exhibit space. In order for the additional exhibitors to appear on the website and in the directory, they must have Exhibitor records. 2. TERMS OF PAYMENT To hold your space, a 50% deposit must accompany this signed contract. If you prefer to be billed in installments, the first payment (25% of the total amount due) and the signed contract must be received by Sunday, April 30, Multiple room discounts only apply to same Room Owner. No contract will be processed without the appropriate payment. Any Room Owner who does not meet all financial obligations due RMAF by 3:00 PM, Friday, September 7, 2018 will forfeit their right to exhibit at RMAF and forfeit all deposits and payments previously made to RMAF. Under no circumstances will the Exhibitor(s) be permitted to occupy the exhibit space if full payment has not been received. Note: there will be a $50 charge for all returned checks. Initial

2 BINDING AGREEMENT AND ACCEPTANCE OF TERMS: This Agreement, when signed by RMAF and the Room Owner, constitutes a binding and legal agreement/contract between both parties. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. In the event attorney s fees or other costs are incurred to secure performance of any of the obligations herein provided for, RMAF shall be entitled to recover said costs. By signing below, the individual signing this document represents and warrants that he/she is duly authorized to execute this binding contract on behalf of the Room Owner. Having read the contract in its entirety (five pages), the Room Owner agrees to be bound by the information and terms contained herein. Room Owner Name (please print) Room Owner Signature Title Date 3. EXHIBIT ROOM ASSIGNMENT Exhibitor registration will be accepted on a first come, first served basis. Assignment of specific exhibit rooms is left to the discretion of RMAF. No Exhibitor will be allowed to set up in the hotel unless RMAF has received a signed contract and full payment for registration. No Exhibitor will be considered accepted until RMAF s review is complete and exhibit space is assigned. Criteria for acceptance are based on RMAF s belief that the exhibiting company is an integral part of the image RMAF wishes to project for the high-end audio market. Once registered and the exhibit room/suite number is assigned, RMAF is responsible for reservation of the exhibit room/suite directly with the Denver Marriott Tech Center. Sleeping room reservations will not be made by RMAF. Each Exhibitor will be issued keys to his/her Exhibitor room by the hotel and all keys must be returned to the hotel when checking out. Charges to replace unreturned keys will be billed directly to the Exhibitor. 4. OCCUPANCY DEADLINE It is further agreed that if the Room Owner and/or Sharing Exhibitor(s) does not occupy the exhibit space by 6:00 PM, Thursday, October 4, 2018, RMAF may occupy or cause said space to be occupied as it may deem best for the interest of RMAF without in any way releasing the above named Exhibitor(s) from any liability hereunder. Furthermore, if the Exhibitor(s) does not occupy/staff said space, all rights of the Exhibitor will be revoked. Exhibits must remain fully intact until 4:00 PM Sunday, October 7, No dismantling or removal of equipment from the display area will be allowed before closing time. Everything must be out of the rooms by midnight, Sunday, October 7, 2018 for all lobby and mezzanine rooms and 10am on Monday, October 8, 2018 for all other floors. If not, the Marriott will charge your credit card for an extra day. 5. CANCELLATION BY EXHIBITOR All cancellations must be in writing and shall be effective when received by RMAF. Both the Exhibitor and RMAF acknowledge that RMAF will sustain substantial losses if the Exhibitor cancels its Contract after it has been assigned space. Even though RMAF will exercise its best effort to resell the cancelled space, the parties agree that RMAF will nevertheless incur substantial losses that cannot be precisely determined. Due to the difficulty in determining and providing said losses, the Exhibitor agrees to pay the following liquidated damages if the Exhibitor cancels its exhibit space on or within the time period specified below. Should the Exhibitor cancel all, or part, of the RMAF Contract - 2 Initial

3 exhibit space contracted herein after the date RMAF accepts and signs the Contract, Exhibitor is liable for a) 50% of the total exhibit space cost if the cancellation is made between June 1, 2018 and August 1, 2018, or b) 100% of the total exhibit space cost if the cancellation is made after August 1, All payments made or due to RMAF shall be fully earned and non-refundable in consideration for expenses incurred by RMAF and its lost or deferred opportunity to provide exhibit space to others. The Exhibitor acknowledges all cancellation fees that may become due herein as liquidated damages and are not applicable toward any future RMAF sponsored shows or events. RMAF will invoice the Exhibitor for cancellation fees in excess of payments. Invoices for cancellation fees are due upon receipt. 6. CANCELLATION BY RMAF RMAF shall not be financially obligated or otherwise committed in the event of the RMAF being canceled or deferred on account of strikes, fires, casualties, acts of God, or causes beyond RMAF s control. 7. IMPOSSIBILITY In the event that any part of the exhibit area is damaged, or if circumstances make it impossible for RMAF to permit the Exhibitor to occupy the space assigned during any part of the whole of the period covered, then the Exhibitor will be charged for space only for the period during which space was or could have been occupied. RMAF is released from any and all claims for damages that may arise in consequence thereof. 8. LIMITATION OF LIABILITY It is mutually agreed that RMAF, its agents, officers, and/or employees, The Denver Marriott Tech Center, its agents, officers, and/or employees, shall not be liable to the Exhibitor for any damage to or from the loss or destruction of an exhibit or the property of the Exhibitor or injuries to his/her person or personnel resulting from any cause. The Exhibitor expressly waives all claims for any such loss, damage, or injury. The Exhibitor is responsible for all damages to the exhibit premises and for any and all claims and demands on account of any injury or damage to property done or occurring in or about the premises used by the Exhibitor, his/her employees, agents, licensees, or contractors occasioned by his/her negligence, and the Exhibitor agrees to indemnify and hold harmless RMAF, its agents, licensees, or contractors from and against any and all liability and claims and demands that may arise from or be asserted in connection with the foregoing undertakings and responsibilities of the Exhibitor. It is suggested the Exhibitor obtain liability insurance in the amount of $1,000,000. It is requested the Exhibitor provide RMAF with proof of insurance coverage via a certificate of insurance and waiver of subrogation by Friday, September 14, 2018, in which RMAF is named as an additional insured. RMAF shall not be liable for any loss or damage resulting from peril. The Exhibitor is advised to carry insurance to cover multiple perils or acts of God. Exhibitors are strongly encouraged to obtain insurance to cover such perils to equipment and/or exhibit materials from point of departure, throughout the show, and to point of return. RMAF will not be responsible or liable for injury to the persons or property of Exhibitors, their guests, invitees, employees, agents, or contractors. Furthermore, the Exhibitor agrees to defend and hold harmless RMAF, its volunteers, employees, agents, and contractors from any liability of personal injury and loss or damage to property. Exhibitors should insure against such contingencies. All property of an Exhibitor is understood to remain in his/her care, custody, and RMAF Contract - 3 Initial

4 control in transit to or from or within the confines of the Hotel. If exhibit fails to arrive, Exhibitor is nevertheless responsible for exhibit-space rental. 9. ATTENDANCE RMAF makes reasonable attempts to attract attendees but does not guarantee specific levels of attendance. 10. OPERATION OF EXHIBITS/NOISE POLICY As a courtesy to other Exhibitors, RMAF requests that sound levels not exceed the 85dB level at the listening position, except for intermittent peaks. RMAF reserves the right to measure the sound pressure level of all exhibit rooms, and to require adjustment to levels if necessary. Equipment left running during non-setup or non-show hours may not emit audible sound, unless previously approved by RMAF. No Exhibitor may engage in any activity or employ any individual or device that tends to create unreasonable congestion in aisles and hallways. RMAF reserves the right to close down your exhibit and Exhibitor shall not receive a refund, or any damage compensation from RMAF. 11. EXHIBIT DISPLAYS Displays must be self-supporting; nails and screws are not permitted in hotel floors and walls. All displays or exhibited materials must be fireproof to conform to City, State, and Federal fire laws. All wiring on booths or display fixtures must meet Underwriters Laboratories rules and local firedepartment regulations (3-wire only). This applies to all booth construction and electronics equipment. Be sure these specifications are met before sending your display or equipment to the show. No signs or graphics or literature may be placed on doors, posts, walls, or pillars in the Hotel, other than signage provided by RMAF. If Exhibitor wishes to use freestanding graphic displays they must be inside the exhibit room or space. Literature should be displayed only in exhibit rooms or designated area. Any literature that is put in common areas of hotels will be discarded. No tables or equipment may be put outside of exhibit rooms. Over-the-counter sales of inventory to be carried out by the consumer are allowed. Sales at the RMAF are permitted under the condition that sales receipts accompany the items sold. The responsibility for acquisition of licenses collection and reporting of sales taxes rests with the Exhibitor, who releases RMAF from any liability or responsibility for licenses and/or sales taxes. Catering services are under the control of the Denver Marriott Tech Center; all inquiries should be addressed to the Hotels Director of Catering. Exhibitors are reminded that an Exhibitor or visitor without the special permission of the hotel, which will exercise its right to make a charge for such a beverage, may bring no beverage of any kind into the Hotel. Special catering needs will be handled by Catering; arrangements should be made in advance with the Hotel for bar setup or food functions. 12. FREIGHT AND SHIPPING RMAF allows Exhibitors three (3) options for getting their freight into and out of the show site. 1. Hand Carry Exhibitors are welcome to carry their own merchandise into the hotel on Thursday, October 4, Exhibitors will be responsible for any damage caused to the hotel while carrying their own merchandise into or out of the show site. RMAF Contract - 4 Initial

5 2. Drayage Exhibitors are welcome to select a freight company of their choice to send their merchandise into the advanced warehouse location. All freight from the advanced warehouse location will be brought to the show site by Trans-Expedite. 3. Full Shipping Services Exhibitors have the option to utilize Trans-Expedite to coordinate their freight shipment to RMAF. Please contact them for details and/or see the material handling instructions from Trans-Expedite. All materials sent ahead of the Exhibitor s arrival must be shipped to Trans-Expedite, 4555 Geneva St., Denver, CO 80238, Phone: , to be received between Monday, September 17, 2018 through Friday, September 28, No freight is to be shipped directly to the Denver Marriott Tech Center. Trans-Expedite will deliver materials shipped in advance to the Exhibitor s room for the scheduled drayage or shipping charge. A service elevator is available for Exhibitors who bring their own equipment. No freight collect or C.O.D.s will be accepted. All shipments moving through the advanced warehouse will be covered under Trans-Expedite standard liability insurance coverage, see the material handling instructions for details. Additional insurance may be purchased through Trans-Expedite. Provision for return shipping of materials will be provided for the Exhibitor by advance arrangement with Trans-Expedite. Packages must be properly packed, weighed and labeled by the Exhibitor for UPS or FEDEX shipping, shipping is to be paid for by the Exhibitor. Outbound shipping arrangements must be made with Trans-Expedite no later than 9:00 PM, Sunday, October 7, All Exhibitors using Trans-Expedite must have all packages ready for collection from the show site no later than 12:00 AM (midnight), Sunday, October 7, Exhibitors carrying their own packages must have all items removed from their exhibit rooms/booths no later than 10:00 AM on Monday, October 8, RMAF will assume no responsibility for packages not properly prepared for shipping in accordance with the assigned shipper s requirements. Packages left with RMAF which have not been scheduled for and prepaid for shipping will be held in Trans-Expedite warehouse until November 6, 2018, after which time RMAF reserves the right to liquidate unclaimed packages to recover hauling and storage costs. 13. VIOLATIONS OF REGULATIONS If RMAF shuts down Exhibitor s room due to Exhibitor violating the RMAF rules and regulations, Exhibitor will not receive a refund or damage compensation from RMAF. 14. SUPERSEDING CONTRACTS This agreement is subject and subordinate to the agreement between the Denver Marriott Tech Center and any other facilities utilized by RMAF and covering RMAF exhibit areas at these properties for the period of RMAF, move-in through move-out. Please complete this contract and return with your deposit to Rocky Mountain Audio Fest. Payments can be completed online or make checks payable to Rocky Mountain Audio Fest and mail, or fax to: Rocky Mountain Audio Fest 363 Cook St. Denver, CO USA Phone: , Fax: , info@audiofest.net Maintain a copy of this contract for your records. RMAF Contract - 5 Initial

Exhibitor General Information

Exhibitor General Information Facility The exhibition will be located on the 9 th Floor of the Westin Hotel Exhibit THE ITEMS BELOW MUST BE REQUESTED ON THE EXHIBITOR APPLICATION FORM Exhibits are either