- Defined Terms
The term “Event” means ARIZONA GAME FAIR, currently scheduled to be March 20 – 22, 2020. (“Event Dates”) at the Mesa Convention Center (“Exhibit Facility”). As used hereinafter, the term “Organizer” means, collectively, ARIZONA GAME FAIR, and each of its/their respective officers, directors, agents, affiliates, representatives, employees and assigns, unless the context requires otherwise. The term “Exhibitor” means, collectively (I) the company, any other business entity, or person that applied for exhibit space rental and agreed to enter into this contract upon acceptance by ARIZONA GAME FAIR in the manner stated below and (ii) each of its officers, directors, shareholders, employees, contractors, agents, representatives, and/or invitees, as applicable.
- Contract Acceptance
This contract shall become binding and effective only when it has been agreed to during the checkout process by checking the “Do you agree to the terms?” checkbox.
- Assumption of Risks; Releases
Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to the person (including death), property, business or profits of Exhibitor or Exhibitor’s employees, contractors, representatives, patrons, guests or invitees (collectively, the “Exhibitor Parties”), whether caused by negligence, intentional act, accident, act of God or otherwise. Exhibitor has sole responsibility for its property or any theft, damage or other loss to such property and the Exhibitor Parties’ property (whether or not stored in any courtesy storage area), including without limitation any subrogation claims by its insurer. Neither Organizer nor the Exhibit Facility accepts responsibility, nor is a bailment created, for property and the Exhibitor Parties’ property delivered by or to Exhibitor. Neither Organizer nor the Exhibit Facility shall be liable for, and Exhibitor hereby fully and forever release and discharge the Organizer and the Exhibit Facility, individually and collectively, and their present and former officers, directors, shareholders, partners, affiliates, employees, agents, representatives and attorneys, and predecessors, assignees and successors of each of them, from all claims, actions, causes of action, demands, cross-claims, counter-claims, obligations, contracts, indemnities, contributions, suits, debts, sums, accounts, controversies, rights, damages, costs, attorneys’ fees, losses, expenses and liabilities whatsoever, in law, equity or otherwise (collectively “Claims”) which either may now have or have had or which may hereafter accrue, individually, collectively or otherwise in connection with, relating to or arising out of Exhibitor’s participation and/or presence in the Event and/or damage to property belonging to the Exhibitor or to the Exhibitor Parties. Exhibitor acknowledges that there is a possibility that subsequent to the execution of this contract, it will discover facts or incur or suffer claims that were unknown or unsuspected at the time this contract was executed, and which if known by it at that time may have materially affected its decision to execute this contract. Exhibitor acknowledges and agrees that by reason of this contract, and the releases contained in this Section 3, it is assuming any risk of such unknown facts and such unknown and unsuspected claims.
Exhibitor shall on a current basis, indemnify, defend (with legal counsel satisfactory to ARIZONA GAME FAIR in its sole discretion) and hold Organizer and the Exhibit Facility harmless from any and all claims, demands, suits, liabilities, damages, losses, costs, reasonable attorneys’ fees and expenses, which result from or arise out of or in connection with (a) Exhibitors’ participation or presence at the Event; (b) any breach by Exhibitor of any agreements, covenants, promises or other obligations under this contract; (c) any matter for which Exhibitor is otherwise responsible under the terms of this contract; (d) any violation or infringement (or claim or violation or infringement) of any law or ordinance or the rights of any party under any patent, copyright, trademark, trade secret or other proprietary right; (e) any libel, slander, defamation or similar claims resulting from the actions of Exhibitor; (f) harm or injury (including death) to Exhibitor; and (g) loss or damage to property or the business or profits of Exhibitor, whether caused by negligence, intentional act, accident, act of God, theft, mysterious disappearance or otherwise, and (h) damage or loss of any property belonging to Exhibitor or the Exhibitor Parties.. Exhibitor shall not settle or compromise any claims against Organizer without Organizer’s prior written consent.
- Limitation of Liability
Under no circumstances shall Organizer or the Exhibit Facility be liable for any lost profits or any incidental, special, indirect, punitive or consequential damages whatsoever for any of the acts or omissions whether or not apprised of the possibility of any such lost profits or damages. In no event shall Organizers maximum liability under any circumstance exceed the amount actually paid to ARIZONA GAME FAIR by Exhibitor for exhibit space rental pursuant to this contract. Organizer makes no representations or warranties, express or implied, regarding the number of persons who will attend the Event or regarding any other matters.
- Qualifications of Exhibitor
ARIZONA GAME FAIR, in its sole discretion, shall have the right to determine whether a prospective exhibitor is eligible to participate in the Event. Applicants who have not previously exhibited at a prior event held by Organizer similar to that of the Event may be required to submit a description of the nature of their business and the items intended to be exhibited. ARIZONA GAME FAIR reserves the right to restrict or remove any exhibit, which ARIZONA GAME FAIR, in its sole discretion, believes, is objectionable or inappropriate.
- Assignment of Space
ARIZONA GAME FAIR shall assign exhibit space in its sole discretion for the Event and for the Event Dates only. Any such assignment does not imply that similar space will be assigned for future events held by Organizer. ARIZONA GAME FAIR reserves the right to change the floor plan or to move an Exhibitor to another booth location prior to or during the Event if ARIZONA GAME FAIR in its sole discretion determines that to do so is in the best interest of the Event.
- Tiered Cancellation Policy
Cancellation: Generally, partial cancellation of booth space is not permitted; any partial cancellation must have the prior written consent of ARIZONA GAME FAIR, which consent shall be in ARIZONA GAME FAIR’s absolute discretion.
Purchases may be cancelled and will be refunded based on the schedule below:
- · Prior to Jan 2nd, 2020 for a 100% refund.
- · There will be no refunds for cancellations made Jan 2, 2020 or after.
Space is not transferable, and subletting is expressly forbidden without prior approval by ARIZONA GAME FAIR.
- Cancellation of the Event
If ARIZONA GAME FAIR cancels the Event due to circumstances beyond the reasonable control of ARIZONA GAME FAIR (such as acts of God, acts of war, governmental emergency, labor strike or unavailability of the Exhibit Facility) ARIZONA GAME FAIR shall refund to each Exhibitor its exhibit space rental payment previously paid, minus a share of costs and expenses incurred, in full satisfaction of Organizer’s liabilities to Exhibitor. ARIZONA GAME FAIR reserves the right to cancel, rename or relocate the Event or change the dates on which it is held. If ARIZONA GAME FAIR changes the name of the Event, relocates the Event to another event facility within the same city or changes the dates for the Event to dates that are not more than thirty (30) days earlier or thirty (30) days later than the dates on which the Event originally was scheduled to be held, no refund will be due to Exhibitor; provided however, ARIZONA GAME FAIR shall assign use of such space to Exhibitor pursuant to the terms of this contract. If ARIZONA GAME FAIR elects to cancel the Event other than for reasons previously described in this paragraph, ARIZONA GAME FAIR shall refund to each Exhibitor its entire exhibit space rental payment previously paid, in full satisfaction of any and all liabilities on the part of the Organizer to Exhibitor.
- Exhibit Space Occupancy
Hours and dates for installing, occupying and dismantling exhibits shall be those expressly specified by ARIZONA GAME FAIR. If Exhibitor fails to install its display in its assigned space by one hour before show opens or leaves its space unattended during the Exhibit hours, ARIZONA GAME FAIR shall have the right to take possession of the space and no refund will be due to Exhibitor. All exhibits must be open for business during the Event hours each day of the Event. Exhibitor may not dismantle their display until ARIZONA GAME FAIR officially closes the Event on the last day of the Event.
- General Rules
Booth rules and specifications will be provided by ARIZONA GAME FAIR. If Exhibitors fail to follow these rules, ARIZONA GAME FAIR shall have the right to remove the exhibitor from the event. Exhibitors are also expected to follow all the rules and policies outlined for attendees. Failure to abide by these rules will result in expulsion and banning from future events.
- Listings and Promotional Materials
By Exhibitor’s participation in the Event, Exhibitor expressly grants to ARIZONA GAME FAIR a fully paid, perpetual non-exclusive license to use, display and reproduce the name, trade names and product names of Exhibitor in any directory (print, electronic or other media) listing the exhibiting companies at the Event and to use such names in ARIZONA GAME FAIR promotional materials. ARIZONA GAME FAIR shall not be liable for any errors in any listing or descriptions or for omitting any Exhibitor from the directory or other lists or materials. Exhibitor agrees that ARIZONA GAME FAIR may also take photographs of Exhibitor’s booth space, exhibit and personnel during, before or after the open hours of the Event and use such photographs for any ARIZONA GAME FAIR promotional purpose.