Application Fine Print *
The Vendor agrees that upon acceptance this application shall be deemed to form a binding contract.
All Vendor Opportunities are on a first-come, first-served basis and acceptance as a Vendor is at the sole discretion of QuiltCon.
You will be contacted with an acceptance decision by August 30, 2014. A deposit of 50% is due within 30 days of your acceptance as a vendor and booths will not be held without a deposit. All remaining amounts are due in full no later than August 30, 2014, and any vendor not paid in full by that date will risk losing its booth space. Payments are non-refundable and non-transferrable.
By signing this application, Vendor agrees to be bound by terms and conditions contained in the Vendor Application, as well as those which may be issued by QuiltCon and sent to Vendor under separate cover prior to QuiltCon 2013. Booth location and assignment is determined by show management, and can be changed at any time and sponsors may be given priority on prime booth locations.
Upon acceptance of your application we will provide you with key information for vendors, such as move-in dates, freight shipping address, etc. Please do not hesitate to contact us at firstname.lastname@example.org for questions.
Vendors will contract on electricity and Internet with the Austin Convention Center and not QuiltCon. Pricing for additional electrical services for larger AMPs and landline telephone service is available; please email email@example.com for an estimated price list. A complete electricity and internet price list for exhibitors will be provided in October 2014.
Vendors will contract with decorating supplies with CEMS and not QuiltCon. Pricing for decorating services will be available August 30, 2014.
Vendor Terms & Conditions
1. The following shall constitute the terms and agreement of the agreement between the Vendor and QuiltCon (“Agreement”) for QuiltCon 2015, to be held in Austin, Texas, on February 19-22, 2015.
2. The Vendors Application (“Application”) shall not be effective until accepted by QuiltCon and acceptance as a show Vendor is at the sole discretion of QuiltCon. Once accepted, the Vendor Application constitutes a binder and enforceable contract. Vendors will be contacted with an acceptance decision by August 30, 2014.
3. Payments. Vendor agrees to pay the full amount invoiced after application acceptance. A deposit of 50% is due within 30 days of your acceptance as a vendor and booths will not be held without a deposit. All remaining amounts are due in full no later than August 30, 2014, and any vendor not paid in full by that date will risk losing its booth space. Payments are non-refundable and non-transferrable. QuiltCon has no obligation to comply with any of the provisions of this Agreement unless and until Vendor makes this payment by the date set.
4. Booth Location. Booth location and assignment is determined by show management, and can be changed at any time and sponsors may be given priority on prime booth locations. Exhibit space is assigned on a first come, first served basis as of the date of receipt of application and/or payment and Vendor preferences as to booth location will be accommodated where possible, but QuiltCon cannot guarantee that this preference will be accommodated. QuiltCon in its sole and absolute discretion reserves the right, privilege and prerogative to re-assign an exhibitor to other space without penalty should QuiltCon deem it in the best interest of the exhibition. If assignment is to a smaller or less expensive space, Vendor will be refunded or credited the difference in cost. If reassignment is to a larger or more expensive space there will be no charge to the Vendor provided that QuiltCon instituted the move. No firm or organization not assigned exhibit space will be permitted to solicit business within the exhibit area.
5. Official Contractors: Official contractors will be designated by QuiltCon to perform services such as the rental of furniture, drayage, erection of exhibits, electrical work, telephones, labor, food service and other services. Vendor must contract for such services with the official contractor unless QuiltCon has given prior written approval. The pur¬pose of this regulation is to ensure a high quality of service and efficient operation. QuiltCon assumes no responsibility or liability for any of the foregoing services performed or materials delivered.
6. Shipping Instructions: Specific shipping instructions will be provided upon acceptance as a Vendor. It is very important that materials be shipped in accordance with the provided instructions.
7. Move In and Move Out: Vendor may move in no sooner than 10 a.m. on February 18, 2014. All Event equipment, exhibits, fixtures, materials, displays, and other property shall be brought into or out of the Convention Facilities only through designated entrances. The Vendor shall remove from the Convention Facility on or before the 11:00 p.m. on February 22, 2014, all property, goods and effects belonging to Vendor or caused by the Vendor to be brought upon the Premises.
a. Vendor shall return the Convention Facilities, premises, and equipment in the same good condition and repair as before Vendor’s use thereof, except for reasonable wear and tear from ordinary use. If said premises or any portion of said building, booths or equipment in booths becomes damaged during the term of the booth rental lease, by the act, default or negligence of Vendor, its agents or employees, Vendor will pay to QuiltCon, upon demand, such sum as shall be necessary to restore said premises and equipment to their present condition.
b. In the event that several portions of said premises are not vacated by Vendor at the end of the term for which said portions of said premises are respectively leased to Vendor, QuiltCon is hereby authorized to remove from said premises, at the expense of the Vendor, all persons, goods, wares, merchandise, exhibits and property of any and all kinds and descriptions which may be then occupying the portions of said premises on which the rent has expired, and QuiltCon shall not be liable for any damages or loss to such goods, wares, merchandise, exhibits or other property which may be sustained either by reason of such removal or the place to which it may be removed and QuiltCon is hereby expressly released from any and all claims for damages of whatever kind and QuiltCon may store said property in a public warehouse at the cost of the Vendor.
8. Booth and Exhibit Guidelines
a. Exhibits shall not obstruct view or hinder the visual access of others. No neon or illuminated signs or exposed lighting will be permitted within exhibit areas unless special permission is first obtained from QuiltCon in writing. QuiltCon shall approve all signs, banners or similar advertising and QuiltCon may remove any sign, banner or advertising not expressly approved.
b. No signs or advertising are to be af¬fixed to any of the walls, columns, doors, etc. of the Exhibit Hall. Tape or any other material used in exhibit booths or for layout purposes must be removed from the floors at the conclusion of the exhibition. Nothing shall be hung from or affixed to any sprinkler heads, piping, lighting fixtures or speakers.
c. All decoration materials must be FIREPROOF and conform to City Fire Department requirements. No fireworks, open flames, liquefied petroleum gas or flammable liquids are allowed. The use of crepe paper or similar materials is forbidden. Exhibitor assumes full responsibility for its compliance with local city, state and federal ordinances, laws and regulations respecting fire, safety, health and regulations of the Convention Center and QuiltCon.
d. Operation of videos, movies, loudspeakers and other sound devices will be permitted if tuned to conversational levels and if not objectionable to neighboring exhibi¬tors. QuiltCon reserves the right in its sole discretion and without limitation to restrict the use of light, noise, musical instruments and theatrical acts. The playing of copyrighted music is subject to the rules of ASCAP and BMI licensing authorities.
e. Vendor shall be responsible for any loss or damage to its product(s) or other materials it uses at the booth display, and shall be solely responsible to provide, if needed, adequate staff to attend the booth display during the Festival.
f. Vendor shall not serve or cause to have served foods and/or beverages in the booth areas except with prior written approval of QuiltCon.
g. Vendors are not allowed to have “clearance” or “wholesale” signs or pricing in their booths. Other sale/discount signs need to be conservative, according to the discretion of show management.
9. Unoccupied Space: QuiltCon Reserves the right, should any of Vendor’s space remain unoccupied 60 minutes or less prior to show opening or should any space be forfeited due to breach of the terms of this contract, to rent said space to any other exhibitor or use said space in any other manner. This provision shall not be construed as affecting the obligation of Vendor to pay the full amount specified in his contract for space rental.
10. Subletting of Space: Vendor shall not have the right to assign or grant to any other party the right to use the space to be utilized by Vendor or any part thereof, or to assign or grant any of the rights or privileges of Vender contained in this agreement without the prior written consent of QuiltCon.
11. Maintenance: QuiltCon will provide all necessary janitorial service for all aisles and other areas used by the public. Vendor shall at his own cost and expense keep exhibit space neat, clean and properly arranged. The exhibition area will be open one hour prior to the official public opening to permit exhibitors to prepare their exhibit space. Entrance will be permitted only on display of special Exhibitor’s badge.
12. Advertising: QuiltCon, in its absolute discretion shall determine the manner in which to advertise QuiltCon 2015, including but not limited to, the mix of advertising media, the quantity, timing, placement, size, and duration of ads.
13. Vendor Logo: Vendor represents that it had the right to the use of its logo, company name, products and services and therefore, at its sole expense, will defend, indemnify, and hold harmless QuiltCon, its employees, agents, assignees, or successors in interest, from any claim or claims made against QuiltCon that arise from QuiltCon’s advertisement or other use of the Vendor’s logo.
14. Cancellation. QuiltCon shall be discharged of all its obligations under this Agreement if the fulfillment of any provisions if this Agreement are delayed or prevented by revolutions or other disorders, wars, acts of enemies, strikes, floods, fires, adverse weather, acts of God, or without limiting the foregoing, by other cause not within control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes hereinbefore enumerated or not.
15. No Refunds. If a situation arises as described in provision 16 and QuiltCon 2015 in not held as scheduled, Vendor shall not be entitled to a refund of the payment, in its entirety or any portion thereof.
16. Insurance: Vendors are advised to obtain insurance to cover exhibit material against damage and loss, and public liability insurance against injury to the person and property of others at their own cost and expense.
17. Release and Indemnification:
a. QuiltCon shall not be responsible to Vendor for any damages it may incur due to any errors or omissions, or both, caused by an advertiser or QuiltCon, in the portrayal or depiction of Vendor’s logo, company name, product(s), or service(s) in any advertisement.
b. QuiltCon assumes no risk and by the acceptance of this agreement, Vendor expressly agrees to indemnify and hold harmless QuiltCon, its officers, directors, employees, and agents, from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorneys' fees, costs, and other expenses, incurred in any way in connection with arise from the rental and occupation of said space by Vendor or Vendor’s acts, omissions, or breach of contract.
18. Subrogation: Each party hereto hereby waives any and every claim which arises in its favor and against the other party hereto during the term of this lease or any extension or renewal thereof for any loss of, or damage to, any of its property which loss or damage is covered by valid and collectible fire and extended coverage insurance policies, to the extent that such loss or damage is recovered under said insurance policies. Said waivers will be in addition to, and not in limitation or derogation of, any other waiver or release with respect to any loss or damage to property of the parties hereof in as much as the above mutual waivers will preclude the assignment of aforesaid claim by way of such subrogation (or otherwise) to an insurance company for any other person, each party hereof hereby agrees immediately to give to each insurance company which has issued its policies of fire and extended coverage insurance written notice of the terms of said mutual waivers, and to have said insurance policies properly endorsed, if necessary to prevent invalidation of said insurance coverage by reason of said waivers.
19. Attorney’s Fees: In the event that Vendor does not comply with the terms and conditions of this contract including non-payment of booth space rental fees, QuiltCon is entitled to take legal action to enforce this agreement and recover all legal expenses and monies due from Exhibitor.
20. Entire Agreement. It is understood and agreed that the Application constitutes the entire agreement between QuiltCon and the Vendor and that this document superseded all previous written and oral agreements and negotiations relating to the event sponsorship herein detailed. Any modification of this document shall be made in writing. This agreement is to be construed under the laws of the state of California. If any provision of the Agreement is held in whole or party to be unenforceable for any reason, the remainder of the entire agreement will be severable and remain in effect.
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