SPONSOR hereby contracts with EXHIBITOR to lease exhibit space to EXHIBITOR based on the terms set forth below and the rules and regulations, rate schedule, and exhibit hall floor plan as is established by the SPONSOR and subject to modification by the SPONSOR in updated and amended information, all of which constitute part of this contract.
1. EVENT NAME: M.E.W. Convention 2010 (hereinafter "EVENT")
2. EVENT DATES: December 31st, 2010 to January 2nd, 2011
3. EVENT LOCATION: Sheraton PDX (hereinafter "HOTEL")
4. LOCATION OF EXHIBITOR SPACE: Exhibit spaces/booths located in the EVENT's Exhibit Hall as determined by the SPONSOR (hereinafter "EXHIBIT HALL")
5. EXHIBIT SPACE RESERVATION: EXHIBITOR shall use the "Exhibit Space Reservation Form" located at Attachment #1 and will be allowed choice of exhibit space based on order of registration. SPONSOR will make the determination of which reservations were received first by order of receipt with payment.
6. EXHIBIT SPACE RENTAL FEE: The rental Fee for Exhibit space will be in accordance with the rate schedule located at Attachment #1. EXHIBITOR must pay in advance, the full rental fee of all spaces reserved on the EXHIBITOR's Exhibit Space Reservation Form. Any Exhibit space prepaid, but ultimately not received by the EXHIBITOR shall be refunded by SPONSOR within 30 days of the conclusion of the EVENT.
7. PAYMENT OF RENTAL FEE: EXHIBITOR shall make payment to the SPONSOR in the form of either a check or money order at the time of Exhibit space reservation. Payments must be made in U.S. Dollars, and made payable to "Manga and Exotic Worlds LLC" A copy of this executed contract, and the booth reservation form will confirm the exhibit space. Space reservations will not be honored until payment is received. All payments must be received and cleared via paypal or POSTMARKED BY DUE DATE to qualify for early registration.
8. ITEMS INCLUDED IN RENTAL FEE: Each Exhibit space includes One (1) table with four (4) chairs, and four (4) exhibitor admissions into the EVENT, (1) online listing and (1) program guide listing. Each Artist space includes One (1) table with two (2) chairs, and two (2) exhibitor admissions into the EVENT, and (1) online listing.
9. ADDITIONAL EXHIBIT SPACE ARRANGEMENTS: EXHIBITOR must use the form provided in Attachment #1 to make additional/custom exhibit space arrangements with the SPONSOR and/or the hotel. Any customization of exhibit space above and beyond that provided by SPONSOR in Paragraph 8 above shall be incurred at EXHIBITOR's expense. Any customization of exhibit space must conform to standards as determined by the SPONSOR, Hotel, and/or applicable government agency. SPONSOR or sponsor's designate shall have final determination if customizations are contrary to such standards.
10. PLACEMENT OF EXHIBITS: SPONSOR reserves the right to make modifications and change exhibit space assignments at any time as may be necessary to adjust the floor plan to meet the needs of the SPONSOR.
11. EXHIBIT SPACE INSTALLATION/SETUP TIME: EXHIBITOR may begin installation/setup of exhibit space no earlier than 7:00 PM, Thursday, December 30, 2010. ALL EXHIBITS MUST BE IN PLACE BY 11:00 AM Friday, December 31, 2010.
12. EXHIBIT SPACE BREAKDOWN/REMOVAL TIME: All exhibits must be removed no later than 9 PM Sunday, January 2, 2011. All materials not removed by that time will be removed by the SPONSOR and placed into storage and/or shipped at EXHIBITOR's expense. EXHIBITOR is expected to leave the rental space in the same condition the existed immediately prior to their setup. Any damage to the rental space will be repaired at EXHIBITOR's expense.
13. EXHIBIT HALL HOURS
Friday December 31, 2010 11:00 A.M. To 7:00 P.M.
Saturday January 1, 2011 11:00 A.M. To 7:00 P.M.
Sunday January 2, 2011 11:00 A.M. To 6:00 P.M.
14. CANCELLATION BY EXHIBITOR: EXHIBITOR acknowledges that a cancellation would constitute a breach of EXHIBITOR's obligation to SPONSOR and SPONSOR would be harmed. If a cancellation occurs, the parties agree that: a) it would be difficult to determine SPONSOR's actual harm; b) the sooner SPONSOR receives notice of the cancellation, the lower the actual harm is likely to be, because the probability of mitigating the harm by reselling space is higher. EXHIBITOR therefore agrees that the refund policy for EXHIBITOR initiated cancellation shall be:
Cancellation Date Refund Amount
Greater than 90 days before Setup Date 100% refund of rental fee paid less $20
Between 90 days and 31 days 60% refund of rental fee paid
30 days or less before Setup Date No Refund
EXHIBITOR may give notice in person, by mail, by overnight service, or by fax. Notice becomes effective immediately if in person, three days after mailed, overnight service requires a receipt and tracking number to be effective, or if sent via fax, a receipt from the fax machine sending the notice must indicate a successful delivery.
15. CANCELLATION BY SPONSOR: SPONSOR may terminate this Agreement at any time with or without cause. If SPONSOR terminates this Agreement with cause, no portion of the rental fee shall be refunded. If the SPONSOR terminates this Agreement without cause, SPONSOR shall refund the unused portion of the EXHIBITOR's rental fee. SPONSOR may give written notice in person, by mail, by overnight service, by fax, or other electronic means including e-mail. Notice becomes effective immediately if in person, three days after mailed, overnight service requires a receipt and tracking number to be effective, or if sent via fax, a receipt from the fax machine sending the notice must indicate a successful delivery. SPONSOR shall not be held liable for refunding payments under the terms of this contract if EVENT is cancelled, delayed, relocated, in whole or in part, as a result of riot, strike, civil disorder, act of war, act of God, or any other cause beyond SPONSOR's control.
16. REFUNDS: Any refund, if due, will be issued within thirty days after the EVENT. SPONSOR is not responsible for any expenses incurred by EXHIBITOR while preparing for or exhibiting at EVENT.
17. INSURANCE: EXHIBITOR is solely responsible for insuring its booth, inventory, and any other property or interests at all times during and after the EVENT. If applicable, workers compensation will be required in accordance with applicable state or local statutory limitations.
18. SECURITY: SPONSOR will provide unarmed guard service during the hours the exhibit premises are closed. However, EXHIBITOR is solely and fully responsible for EXHIBITOR's exhibit material at all times. All property of EXHIBITOR is understood to remain in EXHIBITOR's care, custody and control in transit to or from or within the confines of the exhibit premises.
19. LABOR: EXHIBITOR agrees to abide by existing agreements and regulations binding SPONSOR and/or event location covering the use of services or labor in the EVENT premises. In order to conform with contract rules and regulations, EXHIBITOR must use qualified personnel for the various services required for installation and dismantling of exhibits and for material handling within the EVENT.
20. ADULT MATERIAL: Adult material must not be made accessible or viewable, or sold, given, or distributed to minors in any way. EXHIBITOR may NOT display material depicting nudity or sexual content unless it is blinded (covered) or displayed in such a way that it cannot be viewed by minors. If any material is questionable as to its adult content, EXHIBITOR shall err on the side of conservatism. EXHIBITOR shall take reasonable precautions to ensure minors cannot view adult material even if such material is being viewed by adults. It is EXHIBITOR's responsibility to verify the age of every individual requesting to view or purchase adult material. Failure to comply with this provision may result in, but is not limited to, EXHIBITOR's expulsion from EVENT with no refund of exhibit space rental fee, arrest, and/or criminal prosecution.
EXHIBITOR assumes full responsibility and liability for the loss of any and all revenues and/or profits and/or expenses incurred by SPONSOR, other EXHIBITORS, and/or any of the Indemnified Parties, should EXHIBITOR's conduct with regards to adult material result in the closure of the EVENT's Exhibit Hall or the EVENT itself.
21. ENFORCEMENT: SPONSOR reserves the right to require EXHIBITOR to remove any item(s) from public display if they are not deemed appropriate by standards set by SPONSOR.
22. SUBLETTING: Booth sharing with prior written notice is permitted upon EVENT approval. No more than four exhibitors may be sublet per table without approval of the General Contractor. The subletting of EVENT exhibit space without the prior written permission of SPONSOR is prohibited.
23. CONTRACT VIOLATIONS: If EXHIBITOR violates any terms of the Agreement, SPONSOR reserves the right to terminate this Agreement with cause.
24. USE OF EXHIBITOR'S NAME AND/OR IMAGE: EXHIBITOR gives SPONSOR the right to use EXHIBITOR's name, logo, and/or image for promotional purposes.
EXHIBITOR also grants SPONSOR the right to release EXHIBITOR contact information to the public.
25. INDEMNIFICATION AND HOLD HARMLESS: EXHIBITOR assumes the entire responsibility and liability for any and all losses, claims, demands, defense costs, liability, expense, or damages of any kind arising out of or in connection with EXHIBITOR's
actions and/or activities at the EVENT or on the Hotel premises and will indemnify, defend and hold harmless SPONSOR, the Hotel, and each of their respective owners, officials, management company(ies), parents, subsidiaries, agents, affiliates, operators, officers, volunteers, and employees (the "Indemnified Parties") from and against any and all such losses, claims, demands, defense costs, liability, expense or damages of any kind or nature arising out of or in connection with the EVENT (including use of the leased premises) or arising out of any act or omission of the Indemnified Parties or any of Indemnified Parties' employees, agents, contractors, representatives, volunteers, patrons, guests, or invitees; excepting such claims, demands, defense costs, liability, expense, or damages arising out of the sole negligence of one or more of the Indemnified Parties.
26. RELATIONSHIP: This Agreement does not create any relationship between the parties and none shall be construed from this Agreement. Nothing herein contained shall be construed to place the parties in a relationship of partners or joint-ventures and nothing herein shall be construed to provide either party with the power to obligate the other party in any manner whatsoever other than as set forth specifically in this Agreement.
27. COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument. The parties further agree that any or all such counterparts may be executed by facsimile signature, each such signature having the same binding effect as an original.
28. PROHIBITION BY LAW: In the event any provision of the Agreement is invalid or unenforceable or s prohibited by law, the remaining provisions of the Agreement shall remain in full force and effect, and the remainder of the Agreement shall be valid and binding as though such invalid, unenforceable or prohibited provision were not included herein.
29. ENFORCEMENT OF AGREEMENT TERMS: No failure or delay on the part of either party hereto in insisting upon or enforcing or resorting to any of its powers, rights, remedies, or options hereunder, and no partial or single exercise thereof; shall constitute a waiver of any such powers, rights, remedies, or options unless such waiver be in writing and signed by the party to be charged.
30. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of Washington, Oregon and any applicable federal laws construed according to the federal judicial jurisdiction including Washington and Oregon. Any action which SPONSOR or EXHIBITOR may bring against each other, based upon or in any way relating to this contract or its performance, shall be brought forth in federal or state court located within the State of Washington or the State of Oregon. Each party agrees that personal jurisdiction may be had over that party within the State of Washington or the State of Oregon.
31. WARRANTY: There is no other agreement or warranty between EXHIBITOR and SPONSOR except as set forth in this document.
Comments
About the Starving Artist Half Table
This would be my first time running an Artist Alley table, so having a friend with me would be very helpful. Does the Half Table registration still come with two chairs and two passes? Or would we need to pay separately for a friend to register, and request a second chair? (And also, what is the one item donation requirement about?)
Artist Alley or Exhibitor Space
I can't decide if I want an artist alley or exhibitor space. I want to know for artist alley if it'll be secure over night or not, and if we will have to tear down each night and setup each morning. Some con's have artist alley in with the exhibitors so they have a set hours and close the area down so you just set up and tear down once and it's secure.
and some cons have artist alley outside the exhibitor hall and so you set your own hours and tear down and setup each day since it's unsecure...
what will mew con be doing?
thanks, dea
Re: Artist Alley or Exhibitor Space
Artist alley spaces are available both secured ( in the back of the exhibitor's hall) and unsecured (in the row of AA tables in the outer hall. Secured space is limited so if you're an artist I would contact the Hall's manager Amanda exhibitorinfo@mewcon.com to see if there is secured AA space left.