Conditions of Contract
A. EXHIBITOR AGREES TO:
1. Be bound and abide by all World Ag Expo rules in this contract and adopted by World Ag Expo before, during or after World Ag Expo.
2. Not sublet or assign any space. All participants must be registered by either “Request for Exhibit Space”.
3. Meet the criteria for at least one of World Ag Expo product categories. The final decision on acceptability for each & every exhibit will rest with World Ag Expo Management and Board of Directors of the International Agri-Center, Inc., also known as World Ag Expo, Tulare, CA, and referred to below as World Ag Expo.
4. Be liable for, indemnify against, defend & hold harmless World Ag Expo for any loss suffered by, or
claim brought against World Ag Expo arising from or any way connected to the exhibitor’s participation
in the show except to the extent that damages can be proven to have been caused by the World Ag Expo’s
active negligence.
5. In the event of a sellout, the exhibit contract and deposit will be placed on a waiting list. Should the
exhibitor be notified prior to January 1, 2010 of a vacancy and the exhibitor refuses to accept the space, the exhibitor will forfeit the deposit. After January 8, 2010, if the exhibitor refuses a vacant space or no space becomes available, World Ag Expo will refund the deposit in full to the exhibitor.
6. Pay for actual cost of repairs, loss, or damage to any utility, telephone outlet, or equipment serving the exhibitor’s space occurring during time exhibitor has possession of exhibit space.
7. Deliver written notice to World Ag Expo of any cancellation. If written notice of cancellation is received by World Ag Expo before December 1, 2009, the exhibitor shall forfeit 20% of the total space fee and shall be entitled to an 80% maximum refund. Cancellation after December 1, 2009, by the exhibitor, shall result in forfeiture of the entire space fee. Exhibitor agrees that these charges are reasonably related to World Ag Expo damages. By canceling space, the exhibitor loses all rights or claims to the space & World Ag Expo may rent it to others. This policy also applies to partial cancellation and exhibit down sizing.
8. Confine the presentation & distribution of materials to the boundary of the exhibit space & to staff the space during all show hours.
9. Obtain written approval from World Ag Expo before the showing of any demonstrations, live entertainment or use of live animals.
10. Not create a major disturbance to the exhibit space surface (trenching, footings, postholes, flagpoles, drilling or digging) without obtaining prior written approval, on-site authorization from World Ag Expo Management, & paying the disturbed space fee. Any minor disturbance to the exhibit space must result in returning the space to the condition in which it was found at move-in. Failure to do so will result in an additional charge to the exhibitor. Prior Written Authorization by World Ag Expo management must be
given in all cases. All damages, losses, injury or claims whatsoever arising from disturbing any space or
interfering with the space of other exhibitors will be the sole responsibility of the exhibitor as determined
exclusively by World Ag Expo.
11. Not use microphones without written World Ag Expo permission.
12. Re-crate, prepare bills of lading & arrange for all shipping at exhibitor’s expense.
13. Remove all exhibit material, equipment, & accessories by 5:00 p.m., Friday, Feb. 20, 2010 (inside exhibits must be removed by 5 p.m., Friday, Feb. 13). Failure to do so may result in additional shipping and/or handling costs to the exhibitor. World Ag Expo may remove any such material, equipment and accessories not removed by the exhibitor and the exhibitor shall immediately reimburse World Ag Expo for all expenses of removal and costs of storage of the property removed.
14. Abide by all tent & canopy criteria as supplied by World Ag Expo in the Exhibitor Service Guide.
15. Abide by all Tulare County Health requirements relative to serving food and drink. When serving food from an exhibit area, the exhibitor needs a permit from the Tulare County Health Department. Examples of food items that will require a permit include potentially hazardous/perishable food such as sandwiches, barbecued meat, cut melons, dairy products (including milk, cheese & ice cream). A permit is also required if the exhibitor is preparing or handling food on-site, such as popping popcorn, slicing fruit, cutting cheese, barbecuing, mixing salad dressing, etc. The sale of any food products (or giving away samples) requires a permit. You must comply with the Tulare County Health Department requirements or risk being shut down. Permits may be obtained by contacting the Administration Office, 800-999-9186.
16. Abide by California Alcohol Beverage Control rules if serving alcohol in their space. Specifically, (1) alcoholic beverages may be served at no charge, not sold, (2) service and consumption must be within a defined (with a fence or pavilion) area and secured with a minimum of 2 security guards in order to check attendee I.D.s, (3) World Ag Expo management must be notified prior to the expo of intent to serve alcoholic beverages.
17. Soft drinks and water may not be sold by exhibitors.
B. WORLD AG EXPO AGREES TO OR RESERVES THE RIGHT TO:
1. Assign, alter or change an exhibitor’s space or to remove an exhibitor from the show without refund at any time because of any exhibitor’s failure to perform under this contract, refusal to abide by World Ag Expo rules, display of any unsafe or inappropriate exhibit, or exhibit material, or interference with the rights of others. No flashing lights or loud noise permitted.
2. Cancel this agreement at any time with no liability.
3. Assume no responsibility for loss or damage to goods, before, during or after the show.
4. Modify 2010 & future show dates & times as it deems necessary.
5. Govern totally the importation, rental, type, spreading & removal of all ground material, such as, but not limited to sod, carpet, bark, gravel, saw dust, wood chips, etc. Sod and Straw bales remaining after 5 p.m., Mon. Feb. 22 will become the property of World Ag Expo & the exhibitor will be charged all costs of removal, storage & disposal. Straw bales are to remain intact during their use.
C. Exhibitor agrees that World Ag Expo will not be liable for damages or for failure to carry out the terms of this agreement in whole or in part where caused directly, indirectly, or in consequence of fire, storm, flood, war, rebellion, insurrection, riot, civil commotion, strike, acts of God, or by any cause whatsoever beyond the control of World Ag Expo agents, employees, or its assigns. Whether similar or dissimilar from the causes enumerated herein, World Ag Expo will not be liable for damages occurring during loading or unloading or by operation of forklifts or other equipment prior to, during, or following World Ag Expo. World Ag Expo reserves the right to refuse loading or unloading of items deemed to be unsafe or oversized.
D. Exhibitor agrees to avoid misleading claims or false advertising.
E. This contract shall serve as the entire agreement between the exhibitor & World Ag Expo. Any waiver of any part of this contract must be mutually agreed to between the parties in writing and shall not constitute a waiver of any other parts of this contract.
F. Exhibitor & World Ag Expo agree that in the event of any litigation concerning this contract or World Ag Expo, the courts of the State of Calif. in Tulare County will have sole jurisdiction & that the prevailing party will be entitled to reasonable attorney’s fees as determined by the court.
G. All electrical service will be arranged through the official show contractor at the exhibitor’s expense. It is anticipated that electricity will be activated on Sat. Feb 6, 2010, between 9:00 a.m. & 12:00 p.m. & will be discontinued at 7:00 a.m. Friday, Feb. 12, 2010, all electrical power generation is the exclusive responsibility of World Ag Expo.
H. Forklifts are available for loading & unloading only. Forklifts will be available from Monday, Jan. 26,
2009 through Monday, Feb. 9, 2010 and from Friday, Feb. 12, 2010, through Friday, Feb 19, 2010 (Sunday, Jan 25, 2010 excluded). Forklifts are not available Thursday, Feb. 11, 2010.
I. OUTSIDE EXHIBITORS:
1. Shipping information: All shipments must be prepaid and addressed as follows: World Ag Expo, Tulare, CA, c/o International Agri-Center, 4450 So. Laspina St., Tulare, California 93274-9539. Shipments must be clearly marked with the name of the exhibitor and space location. Shipments will be received at the International Agri-Center from 8:00 a.m. to 5:00 p.m., MONDAY, JAN. 25, 2010 through MONDAY, FEB 8, 2010.
2. Move-In information: World Ag Expo grounds will be open for set up from 8:00 a.m. to 5:00 p.m. daily from MONDAY, JAN 25, 2010 through MONDAY, FEB. 9, 2010. Exhibitor must be completely set up by 5:00 p.m. MONDAY, FEB 8, 2010, Failure to be in place by this deadline may result in the forfeiture of the exhibitor’s right to participate in future World Ag Expos.
3. Move-Out information: No exhibit may be vacated prior to 4:00 p.m. THURSDAY, FEB. 11, 2010, early departure may result in forfeiture of next year’s priority for exhibit space assignment and exclusion from future shows. The show grounds will be open for removal of exhibit material from 8:00 a.m. to 5:00 p.m. on SUNDAY, FEB. 14, 2010 through FRIDAY, FEB. 19, 2010 (SUNDAY, FEB. 15 EXCLUDED).
J. INSIDE EXHIBITORS:
1. World Ag Expo will provide 1 (one) 8’ table & 2 (two) folding chairs per exhibitor. Booths will also be supplied with 8’ drapery divider in back and 3’ dividers on the sides. Displays will not be higher than 8’ to the back and 3’ to the sides. It is the exhibitor’s responsibility to order electricity; should it be required.
World Ag Expo reserves the right to reject an exhibitor’s display or any part of a display which interferes
with the view of other exhibits.
2. If the material being used for the purpose of covering tables, displays, booth backdrops or booth decorating, does not meet the minimum standards for flame resistive properties as determined by the Tulare Fire Department, the exhibitor will be required to remove all decorative material in violation, and replace with an approved material, at the exhibitor’s expense.
3. No single piece of exhibit display may exceed 5,000 pounds.
4. No sign will be allowed to hang directly attached to drapery divider fabric or to the temporary Fabric
Structures without management approval.
5. Shipping information: All shipments must be shipped pre-paid and addressed as follows: World Ag
Expo, International Agri-Center, 4450 So. Laspina St., Tulare, California 93274-9539. Shipments must be
clearly marked with the name of the exhibitor and space location. Shipments will be received from 8:00
a.m. to 5:00 p.m. MONDAY, JAN. 25, 2010 through MONDAY, FEB. 8, 2010.
6. Move-In information: World Ag Expo pavilions will be open for set up from 8:00 a.m. to 5:00 p.m. daily from MONDAY, FEB. 1, 2010 through MONDAY, FEB. 8, 2010. Exhibitor must be completely set up by
5:00 p.m. MONDAY, FEB. 8, 2010. Failure to be in place by the stated time risks space priority forfeiture &
exclusion from future Shows.
7. Move-out information: No exhibit may be vacated prior to 4:00 p.m. THURSDAY, FEB. 11, 2010. Early departure may result in forfeiture of next year’s priority for exhibit space assignment and possible exclusion from future World Ag Expos. The show grounds will be open for removal of exhibit material from 8:00 a.m. to 5:00 p.m. on FRIDAY, FEB. 12, 2010 (deadline to remove inside exhibits).
K. Exhibitor Liability Insurance-Must have on file Exhibitor hereby agrees to and does indemnify, hold
harmless and defend International Agri-Center from and against any and all liability, responsibility, loss,
damage, cost or expense of any kind whatsoever (including but not limited to cost, interest and attorney’s
fees) which International Agri-Center may incur, suffer, be put to, pay, or be required to pay, incident to
or arising directly or indirectly from any act or omission by exhibitor or any of its employees. Exhibitor
further agrees that the International Agri-Center shall not be responsible in any way for damage, loss or
destruction of any property of exhibitor or injury to exhibitor or its representatives, agents employees,
licensees or invitees.
Exhibitor must obtain the following insurance policies:
a) Commercial General Liability Insurance including bodily injury and property damage, personal injury liability, contractual liability and fire legal liability shall be $1,000,000 per occurrence and $2,000,000 annual aggregate. Agri-Center shall be named as additional insured in the aforesaid insurance policy.
b) Exhibitor shall also secure and keep in force “all risk” property insurance covering all of its personal property, and other items removable by exhibitor for full replacement value. Policies shall guarantee that International Agri-Center shall be afforded not less than thirty (30) days prior notice of cancellation, nonrenewal or material change of or to said insurance.
