Bilingual Education Fair of New York (hereinafter, the “Fair”) is to be held at Fordham University School of Law (herein called the “Facility”) on dates specified in this contract (herein called the “Agreement”). Participation in the Fair by the party submitting this application (hereinafter, the “Exhibitor”) is conditioned upon the Facility placing the exhibit space applied for herein at the disposal of French Morning (the “Organizer”).
1-PAYMENT TERMS: Payment of all fees shall be made in US currency either by credit card (plus 4% for processing fee), in cash, by check or wire transfers. Full payment is due on order. All fees, together with the completed registration form, certificate of insurance, and any other required documentation hereunder (the “Participation Package”), must be submitted for the Exhibitor’s participation to be processed.
2-EXHIBIT SPACE ALLOCATION: The execution of this Agreement and the timely payment of all fees and deposits does not guarantee that an Exhibitor will be approved to exhibit at the Fair or be assigned to a particular exhibit area or section within the Fair, or the space or number of booths desired by the Exhibitor or assigned by the Organizer. Organizer reserves the right to select those Exhibitors who will be permitted to exhibit at the Fair, and the exhibit area, area and number of booths in which the Exhibitor will be allowed to exhibit, in its sole and absolute discretion. Any Exhibitor whose Participation Package is not confirmed and/or accepted by the Organizer shall receive a full refund of any fees processed, if applicable.
3-CONDITION OF EXHIBIT SPACE: Organizer makes no representations or warranties, express or implied, to the Exhibitor regarding the condition of the premises or the success of the Exhibitor’s efforts for which the exhibit space will be used. Dimensions of all exhibit areas are believed to be generally accurate as stated on the application and floor plans, but Organizer shall have no responsibility for any discrepancies or errors. Under no circumstances shall Organizer be held responsible or liable for any costs, expenses, damages or any other sums whatsoever incurred by the Exhibitor or any other party as a result of the condition of the premises, the exhibit space, or the Exhibitor’s efforts for which the exhibit space will be used, or the theft or destruction of the Exhibitor’s products or property.
4-EXHIBIT SPACE RULES: Organizer shall have the right in its sole and absolute discretion to establish rules for the Fair and the use of exhibit space covered by this Agreement.
5-AMENDMENT TO THE RULES: Organizer reserves the right to adopt, orally or in writing, any additional rule or regulation, move or remove an exhibit, or take any further action if the Organizer deems in its sole discretion such action necessary for the good of the Fair. Said action shall have the same force and authority as though fully incorporated in the Agreement herein. Organizer shall use reasonable efforts to communicate such additional rules or regulations to Exhibitors. Any matters not specifically covered by the rules hereunder shall be subject solely to the decision of Organizer. Organizer shall have full power in the matter of interpretation, amendment and enforcement of the rules, and any amendments when made in writing and brought to the notice of the said Exhibitor shall be and become part hereof as though duly incorporated herein and subject to each and every one of the terms and conditions herein set forth.
6-REJECTED DISPLAYS: The Exhibitor agrees that its exhibit shall be admitted and
2017 Bilingual Fair of New York organized by French Morning, 27 W 20th Street, Suite 800, New York, NY 10011
shall remain from day to day solely on strict compliance with the rules herein laid down and those outlined in any Exhibitor’s Manual. Organizer reserves the right to reject, eject or prohibit any exhibit in whole or in part, or any Exhibitor or its representatives.
7-OBJECTIONABLE ACTIVITY: Sound, Music, Photography. No Exhibitor shall use devices for mechanical reproduction of sound or music or conduct any musical performances at the Fair. Sound of any kind must not be projected outside the exhibit booth.
Any photos, products or other materials that could, in the sole judgment of Organizer, be found objectionable by the general public may not be openly displayed in exhibit booths. Exhibitors are prohibited from taking any type of photograph or videotape or other sound or visual recording of the Fair without the written consent of Organizer. Any photography equipment, videotape equipment or other recording equipment used without authorization of Organizer will be subject to confiscation by Organizer.
8-COPYRIGHTED MATERIALS, TRADEMARKS, ETC.: Exhibitor agrees and warrants that it shall not violate any trademarks, copyrights, or other intellectual property rights with respect to product designs or packaging, advertising materials, writings, music or otherwise, at the or at any function which is part of, affiliated with or held in con-junction with the Fair, and the Exhibitor assumes sole liability and responsibility for its use or display of any copyrighted materials at the Fair, including in connection with the development or design of its displays, and shall be solely liable to secure any and all necessary licenses or releases from copyright owners.
9-FIRE AND SAFETY LAWS: Federal, State and City laws must be strictly observed. No Exhibitor shall use any flammable decorations or coverings. Any material used for decoration or covering of tables or risers shall be flameproof. No decorations of paper, pine boughs, leafy decorations or tree branches are allowed. Storage of flammable materials in the Exhibitors booth or behind the Exhibitor back wall is strictly forbidden. Smoking is prohibited everywhere in the Facility. Aisle and fire exits cannot be blocked by Exhibits.
10-USE OF AISLES AND COMMON AREAS: The aisles, passage ways, space behind exhibit booths, and overhead spaces remain strictly under the control of Organizer, and no signs, decorations, banners, advertising matter, products, trash, or other special exhibits will be permitted outside the confines of an Exhibitor’s booth except by special written permission of Organizer. Uniform attendants, models, and other employees must remain within the booths occupied by their employers except by special written permission of Organizer. Any and all advertising distribution must be made from the Exhibitor’s booth space and is prohibited elsewhere.
11-UTILITIES: Exhibitor understands and acknowledges that all utilities including, but not limited to electrical and water are provided by the Fair facility and not by Organizer, and as such, Organizer assumes no responsibility for any disruption in service.
12-FORCE MAJEURE: Should the site, or any portion thereof, be rendered unusable for any reason or due to any cause whatsoever, including but not limited to fire, the elements, acts of God, mob, riot, war or civil commotion, Organizer shall in no way be liable for any personal or business loss (including booths and sponsorship reimbursement) or any other damage, consequential or other-wise, inconvenience or annoyance to the Exhibitor arising from any of said causes.
13-INDEMNIFICATION; INSURANCE: Exhibitor agrees to protect, indemnify, save and hold harmless, Organizer, its affiliates, its service contractors, and the Facility at which its exhibit space is located as applicable and each of their respective agents, affiliates, officers, directors and employees from any and all liability, damage or
2017 Bilingual Fair of New York organized by French Morning, 27 W 20th Street, Suite 800, New York, NY 10011
expense (including reasonable attorney fees) arising out of or in connection with: (i) any injury to any person or property while in the Exhibitor’s area or Exhibitor’s use of any exhibition space or services; (ii) the use, consumption, display, performance, or possession of Exhibitor’s products, equipment and displays; and (iii) any act, omission or negligence on the part of Exhibitor or any of its employees, agents or contractors in the performance or failure to perform any right or obligation under this Agreement. To the fullest extent permitted by law, Exhibitor hereby releases Organizer from all responsibility or liability for theft, damage to booths or products, and/or any special, incidental, indirect or consequential damage, of any kind, for any reason.
Exhibitor agrees to maintain adequate insurance to fully protect Organizer and its affiliates, co-sponsors, service contractors and the exhibit venue from any and all claims, arising from Exhibitor’s activities at the
Fair, including, but not limited to, the installation, operation and dismantling of Exhibitor’s booth.
Exhibitor must specifically maintain the following insurance coverage and will be required to provide an original Certificate of Insurance evidencing such coverage:
• worker’s compensation insurance as required by law, and employer’s liability insurance with limits of not less than $1,000,000 (if the company has employees).
• commercial/general insurance written on an occurrence basis, against all liabilities in an amount not less than $1,000,000.
We require each exhibitor to have their Workers Compensation and General Liability Insurance extended to French Morning with dates and location of the Fair (Policy Extension).
14-ARBITRATION: The Exhibitor and Organizer agree that any and all disputes in any way relating to, or arising out of this Agreement or the assignment, use, denial, change, or cancellation of exhibit space, shall be submitted to the American Arbitration Association (AAA) for arbitration before a single arbitrator in accordance with the rules of AAA then in force and effect as the sole and exclusive remedy for resolving such controversies. The parties agree that the decision of the arbitrator shall be final and binding and that a judgment may be entered on such arbitration award in any court of competent jurisdiction. The parties agree that any such arbitration shall take place in New York, New York. The prevailing party in any such arbitration shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, incurred in connection with such arbitration. THE PARTIES ACKNOWLEDGE AND AGREE THAT BY SELECTING ARBITRATION AS THE SOLE AND EXCLUSIVE REMEDY FOR RESOLVING ALL DISPUTES AMONG THEM, THEY ARE WAIVING THEIR RIGHT TO A TRIAL BY JURY TO WHICH THEY MAY BE OTHERWISE ENTITLED.