Magic City Wellness Expo 2024
This Exhibitor Agreement between Magic City Event Planners (Show Management) and Exhibitor
- BRAND INTEGRITY: The wellness field entails many distinct practices, modalities, and disciplines. Show Management and Exhibitors are partners in protecting and preserving the credibility and professionalism of the annual expo and the wellness community. Accordingly, Exhibitors elevate the integrity of the expo as they ensure that products and displays have an objective science-based foundation. Please be sure that any abstract, paranormal, or fringe modalities and products are cleared with the Event Manager in advance of the show.
- AGREEMENT: By signing the Contract for Exhibit Space, Exhibitor agrees to abide by these Rules and Regulations and decisions of Show Management. The term (i) “Show Management” shall mean Magic City Event Planners and its respective agents. (ii) “Exhibit Hall” shall mean the exhibit hall designated by Show Management in the future. (iii) the term “Exhibitor” shall mean the company or person that has submitted and executed this Contract. (iv) the term “Rules” shall mean these Rules and Regulations.
- UNDESIRABLE ACTIVITIES: Exhibitor agrees that its exhibit shall be admitted into the Show solely on strict compliance with all the rules herein described. Show Management reserves the right to prohibit any exhibit or part thereof after communicating to the Exhibitor to cure any non-compliance issue.
- BOOTH ASSIGNMENTS: Space assignments will be made only after receipt from Exhibitor of this Contract and applicable booth fees. Space assignments may not be changed, transferred, or canceled by Exhibitor except upon approval of Show Management. Notwithstanding pre-assigned booth spaces; In rare occasions, changes must be made. Show Management reserves the right to change booth assignments, as it may, in its sole discretion, deem necessary.
- BOOTH REPRESENTATIVES: Booth representation is limited. Exhibitor shall not permit a non-exhibiting company to use or share its exhibit space. Exhibitor shall staff booth during all open show hours. Exhibitor shall wear badge identification provided by the Show Management.
- USE OF DISPLAY SPACE: The Exhibitor may not sublet or assign its space, or any part thereof, nor purchase multiple booths for the purpose of subletting or assigning to third parties. Only companies or individuals that have executed a signed contract directly with Show Management will be allowed on the exhibit floor. Exhibitor will not combine with other Exhibitors, Companies, Businesses, Associates, Persons, Displays, or Ventures except those directly and financially vested in the contracted exhibitor’s business. Only the contracted Exhibitor will be listed on any booth signage or display materials in the exhibit space. No signs or advertising devices shall be displayed outside the exhibit space.
- INSTALLATION AND REMOVAL: Show Management has full discretion over the placement, arrangement, and appearance of items which Exhibitor displays. Installation of all exhibits must be completed prior to the opening of the Show. Any space not claimed by the morning of the show will be forfeit and resold or reassigned by Show Management, without refund. All exhibit and booth materials must be removed immediately at the end of the show. Show Management reserves the absolute right to inspect items removed from the exhibit floor.
- EARLY REMOVAL OF EXHIBITS NOT ALLOWED: a) No exhibit shall be packed, removed, or dismantled prior to the closing of the Show. If Exhibitor acts in breach of this provision, it shall pay as compensation for the distraction to the Show’s appearance, an additional one-half of the total space charge for Exhibitor’s allocated area.
- PROHIBITED ACTIVITIES: a) No cooking may take place in Exhibitor’s space. Product samples may be offered to the public, except alcohol and/or other products that resemble a meal and compete with the Venues concessions. b) Demonstrations, sales activities, and distribution of materials must be confined to the Exhibitor’s booth. All equipment for display or demonstration must be placed within the assigned booth. c) Exhibits which include sound producing equipment must be operated so the noise resulting therefrom will not annoy or disturb adjacent exhibitors or their patrons. d) Exhibitor is prohibited from displaying any devices or objects in the booth that exceed the length or height of the back wall. e) Animals and pets are not permitted in the Exhibit Hall. f) Exhibitor is not allowed to conduct any activities that could be considered illegal under State laws. h) Electrical equipment that is not UL approved is prohibited. I) Use of any scents, sprays or aromas that may affect or interfere with other Exhibitors is prohibited.
- BOOTH MAINTENANCE: Exhibitor is required to maintain the cleanliness of its booth. Show Management will be responsible only for the cleaning of aisle space and public areas.
- CARE OF BUILDING AND EQUIPMENT: Exhibitor and its agents shall not injure or deface any part of the Exhibit Hall or decor. If Exhibitor causes any such damage, Exhibitor shall be liable to the owner of the property so damaged. The Exhibitor unequivocally defends, indemnifies, and holds harmless Magic City Event Planners and its representatives against any damages, torts, or legal action.
- CANCELLATION BY EXHIBITOR: All cancellations must be in writing. Due to the difficulty of determining and proving cancellation losses, if an Exhibitor cancels all or part of its exhibit space the below specified amounts are forfeit: TIME PERIOD LIQUIDATED DAMAGES prior to July 1, 2024: 50% of rental fees. On or After July 1, 2024: 100% of rental fees. Upon cancellation by Exhibitor, Show Management has the right to resell the space and retain all revenue collected as liquidated damages. Any such re-sale shall not reduce the amount of liquidated damages to be paid by Exhibitor.
- CANCELLATION OR POSTPONEMENT OF SHOW: If due to exigent circumstances, acts of God, and/or unforeseen events, fulfillment of this Contract becomes impossible, this Contract shall be amended or terminated as determined by Show Management’s best efforts to remedy the circumstance. Exhibitor waives any claim against Show Management for damages or compensation in the event of such amendment or termination. Show Management, due to exigent circumstances, may change the date or location of the event. Show Management shall not be liable for any damages in the event the Show is moved, interrupted, canceled, or dates changed. If refunds are appropriate, Show Management will retain a portion of Exhibitor fees to cover out-of-pocket expenses.
- EXHIBITOR DEFAULT: If Exhibitor is in default of any obligation of this agreement Show Management may terminate Exhibitor’s right under this contract to participate in the Show. Exhibitor will be given notice stating its intent to terminate and the action the Exhibitor must take to avoid termination. If Exhibitor fails to cure the default promptly, Exhibitor shall have no further right to participate in the Show.
- EXHIBITS AND PUBLIC POLICY: Exhibitor is charged with knowledge of all Federal, State and local laws, ordinances and regulations pertaining to health, fire prevention and public safety, while participating in this Show. Compliance with such laws is the sole responsibility of the Exhibitor. All booth decorations including carpet must be flame resistant. Use of hazardous materials, such as open flame or liquid propane gas, must be approved by the local Fire Department.
- ERRORS AND OMISSIONS: Show Management assumes no responsibility or liability for any of the services performed or materials delivered by Show contractors or other suppliers to the Show, their personnel, or their agents.
- LIABILITY AND INSURANCE: a) Show Management, service contractors, Exhibit Hall management, nor any of the officers, staff members, or directors, of any of the same, are responsible for the safety of the property of the Exhibitor against theft, damage by fire, accident, vandalism or other causes. The Exhibitor expressly waives and releases any claim or demand it may have against any of them by reason of any damage to or loss of any property of Exhibitor, except where the damage or loss is due to the gross negligence or willful misconduct of the persons mentioned above. b) Exhibitor understands that Show Management does not carry business interruption and property damage insurance coverage for loss or damage of Exhibitor’s property. Exhibitor shall obtain adequate insurance during the dates of the Show including move-in and move-out days, and automobile insurance covering owned, non-owned, and hired vehicles, including loading and unloading hazards. (c) Show Management and Exhibitor waive the right of subrogation by their insurance carriers to recover loss sustained under the respective insurance contracts for real and personal property.
- SHOW MANAGEMENT CONTACTS: The Exhibitor may contact the Show Management as follows:
Event Manager: James Cameron 406-208-1144 Registrar: Lori Cameron 406-208-1154 MCWExpo@gmail.com
- CONFLICTING MEETING AND SOCIAL EVENTS: In the interest of the entire Show, Exhibitor agrees not to extend invitations, call meetings, or otherwise encourage absence of Show attendees, exhibitors, or invited guests from the educational sessions or Exhibit Hall during the official hours of the sessions or the Show.
- WAIVER: Waiver by either party of any term or condition or breach shall not constitute a waiver of any other term or condition or breach of this Contract. The rights of Show Management shall not be deemed waived except as specifically stated in writing and signed by an authorized representative of Show Management.
- SEVERABILITY: If any provision of this Contract is held invalid or unenforceable, neither the remaining provisions of this Contract nor other applications of the provisions involved shall be affected thereby.
- GOVERNING LAW: This Contract shall be interpreted under the laws of the State of Montana. The parties agree that any dispute arising under this Contract will be submitted to the Yellowstone Justice Courts of the State of Montana.
- PICTURES, VIDEO, AND RECORDINGS: Show management, in its absolute discretion, shall take video or pictures of persons, booths, displays; any and all activities at the Expo, and utilize the same for marketing and promotion on social media, websites, banners, and marketing materials.
- RIGHT OF ENTRY AND INSPECTION: Show Management, in its absolute discretion, shall have the right at any time to enter the leased area occupied by Exhibitor or otherwise inspect Exhibitor’s material.
- ENTIRE AGREEMENT: This Contract constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or commitments, whether in writing or oral. No amendment or modification to this Contract shall be valid and binding on the parties.