MOBILE TECH EXPO
2019 RULES & REGULATIONS
These Rules and Regulations are integrated into the Exhibit Space Rental Agreement for the 2018 Mobile Tech Expo 2019 (“the “Show”). Owned by ConvExx, Mobile Tech Expo and its Show Management team (collectively, “MTE”) reserve the right to render all interpretations and decisions, should questions arise, and to establish further regulations as may be deemed necessary to the general success of the Show. MTE’s decisions and interpretations shall be accepted as final in all cases.
1. Rental Agreement: Applicants for exhibit space are required to complete and submit the Exhibit Space Rental Agreement, and complete payment for the space as contracted therein.
2. Space Assignment & Payment: Assignment of exhibit space is based upon the acceptance date of the Exhibit Space Rental Agreement and receipt of the applicable deposit amount pursuant to the payment schedule set forth on the Exhibit Space Rental Agreement. MTE 2018 will provide display space as indicated on the official floor plan, insofar as possible, but reserves the right to make any changes necessary in the best interests of MTE.
3. Cancellation: Exhibitor is responsible for any fees associated with withdrawal from MTE or booth cancellation. Effective following Exhibitor’s application for exhibit space, through July 2, 2018, MTE shall retain 25% of the booth fee of each space canceled, as liquidated damages. Beginning October 20, 2018, through January 1, 2019, Show Management shall retain 50% of the booth fee of each space canceled, as liquidated damages. No refunds are given after January 2, 2019, for any reason whatsoever, even if the Show is sold out.
4. Subletting Space: No exhibitor may assign, sublet or apportion their space in whole or part, nor may exhibit any products or services other than those manufactured or handled in the normal course of their business, nor permit any agent of any exhibiting firm to solicit business or take orders within their space.
5. Exhibitor Conduct: Exhibitor representatives shall comply with all applicable Show rules concerning their conduct, including (i) all must confine their activities to their exhibit space and may not engage in solicitation or promotional activities outside their booths; (ii) may not enter the exhibit space of another exhibitor without permission from that exhibitor, and at no time may anyone enter an exhibit space that is not staffed; (iii) Exhibitor may not post or exhibit any signs, advertisements, show bills, posters or cards of any kind on or in any area of the Show’s facility, unless approved in advance by MTE; (iv) harmful or noxious odors or fumes must be negligible and contained within the Exhibitor’s booth; and (v) immediately report any accident or incident involving or occurring in Exhibitor’s booth, or relating to Exhibitor’s representative, as soon as possible.
6. Exhibit Hours, Installation and Dismantling: Expo hours: January 11, 9:00 am—5:00 pm; January 12, 9:00 am—4:00 pm. For move in and out hours, See exhibitor package.
7. Exhibitors’ Admission Credentials: Exhibitor receives up to five credentials to MTE for each 10×10 booth it has on the show floor. Exhibitor is responsible for submitting names to MTE for which it wants to apply its exhibitor credentials, no later than December 31, 2018.
8. Damage to Property. Exhibitor shall pay the actual cost to replace, repair and/or restore, in MTE’s discretion, any part of the Show’s facility (e.g., floors, walls or columns) or booth equipment provided (ordinary wear and tear excepted), or other exhibitors’ property, that is damaged, destroyed or suffers other casualty by Exhibitor.
9. Termination of Exhibition. In the event that the Show’s facility become, in the sole discretion of MTE, unavailable, or in the event the holding or continuation of the Exhibition or the performance by MTE are interfered with by virtue of any cause or causes not reasonably within the control of MTE, this Agreement may be terminated by Show Management. Show Management shall not be responsible for delays, damage, loss, increased costs or other unfavorable conditions arising by virtue of cause or causes not reasonably within the control of MTE. If MTE terminates this Agreement and/or the Exhibition (or any part thereof), then MTE may retain such part of Exhibitor’s fee and/or other payments as shall be required to recompense it for expenses incurred up to the time such contingency shall have occurred, and there shall be no further liability on the part of either party. In the event of such termination, Exhibitor expressly waives any and all recourse or claims for loss or damages against MTE. For purposes hereof, the phrase “cause or causes not reasonably with the control of MTE” shall include, but not be limited to: acts of God; fire; casualty; flood; epidemic; earthquake; explosion or accident; blockade; embargo; inclement weather; war (declared or not); terrorism (domestic or foreign) governmental restraints; restraints or orders of civil defense or military authorities; act of public enemy; riot or civil disturbance; strike, lockout, boycott or other labor disturbance; venue cancellation or operations of the venue; failure of MTE contract negotiations; inability to secure sufficient labor; technical or other personnel failure; impairment or lack of adequate transportation facilities; inability to obtain, or condemnation, requisition or commandeering of necessary supplies or equipment; federal, state or local laws, ordinances, rules, orders, decrees or regulations whether legislative, executive or judicial, and whether constitutional or unconstitutional.
10. Indemnity; Limitation of Liability. Exhibitor agrees to defend, indemnify and hold harmless MTE, the Exhibition Facility, the OCCC, and each of their affiliates and respective directors, officers, employees, agents, contractors, authorized representatives, successors and assigns, from and against all claims, losses, suits, damages, judgments, expenses, costs and charges of every kind (including, without limitation, reasonable attorney’s fees and costs) which may be made or instituted against them arising out of or resulting from, in whole or in part, Exhibitor’s execution of this Agreement, its occupancy of the exhibit space or its presence at the Exhibition by reason of bodily or personal injuries, death, property damage or any other cause sustained by any persons or others. Exhibitor’s defense, indemnity and hold harmless obligations shall extend to any and all claims, losses, suits, damages, judgments, expenses, costs and charges of every kind (including, without limitation, reasonable attorney’s fees and costs) including, without limitation, those associated with, in whole or in part (i) Exhibitor’s alleged or actual intentional or negligent acts or omissions, and (ii) Exhibitor’s actual or alleged violation of third party rights (including, but not limited to, infringement of intellectual property rights or other proprietary or business rights). MTE shall not be responsible for, and Exhibitor releases MTE from liability for, any damage, loss, harm or injury to Exhibitor or Exhibitor’s display or property, whether resulting from fire, storms, acts of God, heating, ventilation or air conditioning failure, theft, pilferage, mysterious disappearance, lost, delayed or rejected shipments either coming in or going out of the Show, or other causes of any kind. All persons allowed in Exhibitor’s booth and property brought to the Show by Exhibitor is done so at Exhibitor’s own risk. Exhibitor is strongly advised to maintain its’ own insurance to insure against such risks.
11. Insurance. Exhibitor understands and agrees that MTE and the OCCC, do not and will not maintain insurance covering Exhibitor, and it is the sole responsibility of Exhibitor to obtain at its cost sufficient insurance coverage for its Show activities, including coverage for its property and its employees, guests, agents, contractors and other authorized. Exhibitor is strongly advised to verify that its insurance includes extraterritorial coverage, and that it has its own theft, public liability, and property damage insurance. The following is the minimum suggested insurance coverage Exhibitor should obtain and have in effect for the Show: (i) Commercial General Liability insurance against claims for bodily injury (including death), personal injury, property damage, as well as contractual, advertising and products/completed operations liability occurring in or upon or resulting from the Show, with combined single limits of liability of at least $500,000 per occurrence, with ConvExx, Mobile Tech Expo, and the OCCC added as additional insured on a primary non-contributory basis; and (ii) Workers Compensation and Employers Liability insurance as required by the laws of Florida. Insurers writing such policies should be licensed in the state where the Show takes place. The recommended insurance coverage and limits stated herein are minimum requirements and in no way limit the liability of the Exhibitor in the event of a claim. Exhibitor hereby waives and releases any rights of subrogation it or its insurers may have against MTE, ConvExx, or The OCCC.
12. No Waiver: The failure on the part of either party to insist upon a strict performance by the other party of any of the terms, covenants and conditions herein contained shall not be deemed to be a waiver by them of any breach of any term, covenant or condition herein contained. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this contract nor shall it be considered a waiver of any other terms, covenants and/or conditions.
13. MTE reserves the right to make additional conditions, rules and regulations as it may deem necessary to enhance the success of the exposition and to decline or prohibit any person or exhibit which in its judgment is out of keeping with the character of the convention, this reservation being all-inclusive as to persons, things displayed, broadcast, printed products and conduct.
14. Applicable Law; Forum Selection Clause. This Agreement is deemed to be entered into in the State of Nevada and governed by the laws of the State of Nevada without regard to any conflicts or choice of law principles thereof. Exhibitor consents to the exclusive jurisdiction of the courts of the State of Nevada for the resolution of any and all disputes and claims arising out of this License. MTE, however, shall not be obligated to enforce its rights in the State of Nevada, and instead, may enforce its rights in any other proper jurisdiction. Exhibitor waives any claims as to lack of personal or subject matter jurisdiction and agrees that it is subject to the jurisdiction of the State of Nevada or any other jurisdiction chosen by MTE to enforce its rights hereunder.
15. Changes to Dates, Venue and Booth Space. MTE shall, at its sole discretion, be entitled to change the dates and/or the venue for the Show upon written notice to the Exhibitor. Show Management shall not be liable for any costs, damages, fees or expenses of Exhibitor as a result of such changes in the Show schedule or location. Additionally, MTE reserves the right to relocate Exhibitor to any space within the Exhibition facility at any time. MTE shall be entitled to retain any portion or Exhibitor’s fee paid to date and said amount shall be applied to the Show as though no change in dates or venue had occurred. Any remaining payments from Exhibitor shall be due in accordance with the agreed upon Payment Schedule terms for the Show. In the event that Exhibitor should cancel participation, due to a change in date, venue, or space assignment by MTE, Exhibitor would be subject to liquidated damages as set forth in the Agreement.