2005 SNOWFEST TRAVEL AGENT PREVIEW CONTRACT
Please select which shows you would like to participate in:
Booth Information
Booths include 6' skirted table, two chairs and a booth sign
Contact Information
Corporate Name
Booth Sign
Contact
Street Address
City
State/Province
Zip/Postal Code
Country
Phone
FAX
Email
Website Address
Comments
Please read the rules & regulations below before submitting this form as it is considered a legally binding contract.
CONTRACTING & PAYMENT PROCEDURES Fifty percent deposit is due with contract to reserve space. Full payment is due by September 15, 2005. Please send payment to:: 4P Entertainment Group, Inc. (dba EMM) 337 Zane Dr. Durango, CO 81303 Fed ID# 95-4366306
Check or Money Order Only. No Credit Cards.
For questions contact Dan Harrington at ( 818) 366-3250 or dan@texassnowfest.com
The exhibitor hereby contracts with 4P Entertainment Group, Inc. d.b.a. Events marketing & Management (E.M.M.) for participation as indicated in the 2005 Winter Program. All parties have read and agree to be bound by the provisions of this contract and the rules and regulations, which are part of this contract. This contract is to be submitted by an officer of the company or person officially authorized. You are bound by the terms below, which encompass terms requiring you to hold 4P Entertainment Group, Inc. d.b.a. E.M.M. harmless from certain liabilities, which may arise from your participation in the shows and your submittance of this form signifies you have agreed to all the terms thereof. Below are the rules and regulations that make up an integral part of this agreement. E.M.M. intends to enforce each and every one of these items. These terms are bargained for and make-up the total consideration of this agreement. By submitting this agreement you agree to be bound to the rules and provisions described below. This contract is continued below with the "Exhibitor Rules & Regulations", which is an integral part of this agreement. Your submittance of this form constitutes your legally binding acceptance of all of the provisions therein.
EXHIBITORS - All exhibitors shall be bound by the rules and regulations set forth herein and by such amendments or additional rules and regulations, which may be established by the show management.
PAYMENTS AND CANCELLATIONS - Events Marketing & Management (E.M.M.) will honor Exhibitor's request for cancellation only if in writing and, in any event, will refund out of money theretofore paid by the Exhibitor only the following percentage of amount due and payable by Exhibitor to E.M.M. at the time of receipt of such cancellation request: 50% if request is received on or before 45 days prior to the show. No refunds after this time. No exhibitor will be permitted to exhibit at the show until full payment has been made.
ELIGIBILITY: ASSIGNMENT OF SPACE - E.M.M. shall have the right to determine the eligibility of any Exhibitor for inclusion in the show, in accordance with its rules and regulations.
SALE OF MERCHANDISE - Exhibitors shall not sell any food or drink. Expressly prohibited are sales of merchandise restricted by agreements between manufacturer and seller, which limit seller's geographical or licensed territory. Merchandise normally sold to the general public must be sold in accordance with applicable State Laws. Exhibitors are solely responsible for collection and payment of appropriate sales tax. Exhibitors are responsible for conforming to State Laws and E.M.M. will not be held liable for failure of exhibitor to do so.
DISPLAY SPECIFICATIONS - Exhibitor will be provided with a single six-foot (6') table for brochures. Displays are permitted (10' maximum). Back-wall height permitted for booth display will be 8'. No signs or any part of display shall be set up so as to block off or otherwise interfere with any other display, (SEE EXHIBITOR INFORMATION KIT). No bills, signs or other articles shall be posted, stapled, nailed, or otherwise attached to any walls/woodwork in any part of the facility. Any Exhibitor who causes damage to the property is liable for that damage.
SHOW SET UP/TEAR DOWN - All exhibitors must be set-up one (1) hour prior to the opening of the show. All exhibits must be removed from the facility at the conclusion of the show. No displays are to be dismantled prior to the official closing of the event. All shipments of materials must be sent in accordance with exhibitor kit instructions. Exhibitor is liable for all storage and handling charges resulting from failure to remove exhibit materials as and when required. All costs for freight movement, set-up/tear down and shipment charges are the exhibitor's.
DEFAULT IN OCCUPANCY - Any exhibitor failing to occupy space contracted for is not relieved of the obligation of paying the full rental of such space as provided for in the signed contract. If not occupied by one (1) hour prior to the official show opening, such space may be possessed by show management for such purposes as it may see fit, in which case the Exhibitor shall pay full rental for such space. Failure of enforcement of any provision hereof by show management shall not be deemed as waiver with respect to such provision after demand by show management for strict performance of this agreement.
SUB-LEASING: SHARING - Exhibitor shall not sublet or assign its exhibition space or any portion thereof under any circumstances whatsoever. Exhibitor shall not share its exhibit space with any other person or entity without prior written consent of E.M.M., which may be withheld, for any reason. If E.M.M. agrees to permit such sharing, such person or entity shall be required to execute a copy of this agreement. Approved sharing is subject to an additional fee.
EXHIBITS - Lotteries, drawings, guessing games or prize contests of any kind sponsored by individual Exhibitors must be approved in writing by E.M.M. Display materials must be confined to the individual Exhibitor's own booth area. No placard, stickers, or other signs relating to non-exhibiting firms will be allowed in individual exhibits or anywhere else in the Show. No horns, bells, alarms or flashing lights will be permitted. No amplifiers or loud speakers may be operated in individual exhibits. Self-contained automatic moti9on picture equipment, slide projectors, or other audio-visual equipment may not be operated. No advertising or printed material which, in the show management's opinion is undignified or otherwise objectionable, shall be distributed. Exhibitors have the right to distribute brochures and other printed matter, only from the space occupied by them and no other way. The show management reserves the right to decline or prohibit any exhibit or proposed exhibit or to prohibit any activity at an exhibit, which in its opinion is not suitable for the Show. This reservation concerns persons, things, decorations, conduct, printed matter, souvenirs, catalogues and all other things, which affect the character of the Show.
SHIPMENT/FREIGHT - All Brochures/materials must be shipped to the location listed in the exhibitor kit.
LIABILITY - Should acts of God, strikes, riots, work stoppage or any other cause not within the control of show management make it impractical for the Show to be held or the particular exhibit area to be occupied by the Exhibitor, show management shall refund to Exhibitor the balance of payments made after deducting a proportionate share of non-recoverable expenses incurred, and thereupon show management, its officers, employees and agents shall be jointly, and severally released from any claims which may arise in consequence thereof. It is understood that any amount reimbursed shall not be in excess of the amount deposited with the show management and settlement by adjustment is determined by show management. In no event shall show management be liable for loss of profits or any other damage to Exhibitor through cancellation for such causes. Furthermore, it is mutually agreed that the show management and/or employees and their agents shall not be liable to an Exhibitor for any damage to the properties of the Exhibitor, its officers, agents, or employees from theft, damage by fire, accident or any other cause whatsoever. Exhibitor agrees to protect, save and keep E.M.M., its representatives and agents forever harmless from any claims or charges imposed for violation of any law or ordinance, whether occasioned by the negligence of the Exhibitor or those holding under or through the Exhibitor, and Exhibitor shall indemnify and hold them harmless against any and all loss, costs, damage, liabilities, causes of action, debts, or expenses arising from or by reason of injury to Exhibitors, their employees, agents or guests. It is understood that the exhibit facilities, the local municipalities, nor legal entities which own, lease and/or operate the facility, nor , nor their members, officers, directors, or employees shall be responsible or liable for injury to any person or persons for loss of, or damage to any property belonging to the Exhibitor or any person or persons while in transit to or from the facility or otherwise. The Exhibitor also assumes complete responsibility and liability for all injury to any and all persons or property which are in any way connected with the Exhibitor's display, caused by the Exhibitor, his guests, his agents, representatives or employees. The Exhibitor indemnifies and agrees to hold harmless the host facility and legal entities with own, lease and/or operate the facility, their members, officers, directors and employees against any and all liability whatsoever from any and all damage to property or personal injury caused by Exhibitor or his agents, representatives, employees, or any other person. Exhibitor further acknowledges that insurance covering the exhibit and/or his property against damage and business interruption losses are the sole responsibility of the Exhibitor. Exhibitor is required to have a certificate of insurance available for inspection by show management. Show management makes no warranties except as may expressly set forth in this agreement in writing. Media sponsors (i.e. The Austin American Statesman, The Houston Chronicle, The Dallas Morning News) are sponsors only of the show and have no obligation or liabilities to any exhibitor. All obligations are solely those of E.M.M.
INSURANCE - Each exhibitor must provide a Certificate of insurance 30 days prior to exhibitor move in to show management. The Certificate of insurance must list 4P Entertainment Group, Inc. d.b.a. Events Marketing & Management as additional insured on exhibitor's existing policy, except worker's compensation, without any restrictive modifications. The minimum insurance requirements are 1,000,000 general liability, 2,000,000 aggregate and must include products and completed operation at 1,000,000. The certificate/policy must also include a ten-(10) day written Notice of Cancellation clause. No exhibitor will be permitted to exhibit at the show until full payment has been made and the certificate of insurance has been received. Please send an original Certificate of Insurance to the following address: 4P Entertainment Group, Inc. 337 Zane Dr. Durango, CO 81303 (970) 259-3007; FAX (952) 400-3259
LEGAL - This contract shall be governed by the laws of the state of Colorado. The prevailing party in any arbitration or litigation concerning the terms and conditions of this proposal shall be entitled to reasonable attorney's fees and costs.