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Exhibitor Contract2015

2015 CONTRACT FOR EXHIBIT BOOTHS & SPONSORSHIP

Texas American Society of Landscape Architects

2015 Annual Conference & Expo | Galveston Island Convention Center | Galveston, Texas

April 22-24, 2015


ANNUAL CONFERENCE EXHIBITOR RULES AND REGULATIONS

1. LOCATION AND DATES: The 2015 Texas ASLA Annual Conference will be held April 22-24 at the Galveston Island Convention Center, 5600 Seawall Blvd,, Galveston, Texas 77554

2. SPACE CONTRACTS: Contracts are awarded and displays are assigned on a first-come, first-served basis. In order to apply for a display, complete and return by mail or submit online, the contract with full payment by March 25, 2015. CANCELLATION: Full refunds less a 25% processing fee will be granted for canceled contracts if the cancellation is requested in writing and postmarked on or before March 10, 2015. No refunds will be granted for display space or advertising canceled after March 11, 2015. Texas ASLA shall have full right to consider this contract terminated and to retain as liquidated damages all monies paid and to lease that Exhibitor’s space to another Exhibitor. Texas ASLA reserves the right to decline or prohibit any display that, in their judgment, does not fit the character of the conference. This reservation is all-inclusive as to persons, things, printed matter, products, and conduct.

3. SPACE ASSIGNMENT: Spaces will be assigned in the order contracts are selected online with payment and signed agreement received by Texas ASLA. In all cases, efforts will be made to assign space in compliance with the applicants' choices; however, no guarantee is made by Texas ASLA that Exhibitors specifications will be met. Texas ASLA will provide display space to the Exhibitor as indicated on the official floor plan, insofar as possible, but reserves the right to make any changes in the interest of any Exhibitor or Texas ASLA.

4. SUBLETTING SPACE: No Exhibitor may assign, sublet, or apportion his or her space in whole or part, nor exhibit any products or services other than those manufactured or handled in the normal course of his or her business. All activity must be confined to the limits of the exhibit display area.

5. INSTALLATION AND DISMANTLING: All exhibit installations must be completed between the hours of 12:30 pm and 6:00 pm on Wednesday, April 22, 2015. Any space not claimed and occupied or for which no special arrangements have been made by 6:00 pm, Wednesday, April 22, 2015, may be resold or reassigned by Texas ASLA without any obligation on the part of Texas ASLA for any refunds whatsoever. Dismantling of displays must not begin until after the exhibits close at the times listed in the Exhibitor Prospectus. All exhibits must be removed and the building vacated by 6:30 p.m. April 24, 2015. No installing, dismantling, rearranging, repairing, servicing, removing, or supplementing of exhibits will be permitted during the viewing hours without the permission of Texas ASLA. Exhibitors are required to participate during all show hours each day as listed in the Exhibitor Prospectus.

6. EXHIBITORS’ ADMISSION CREDENTIALS: Exhibitors must furnish Texas ASLA with an advance list of their representatives. Representatives must check-in/register upon arrival at the exhibitor registration desk and must wear identification badges at all times, which will be furnished by Texas ASLA..

7. SALE OF MERCHANDISE: Exhibitors may sell products on the exhibit floor during regular exhibit hours, provided that (1) the product relates directly to the profession of landscape architecture and (2) the vending Exhibitor holds Texas ASLA harmless from every claim of any kind that may arise from the sale of such products, including without limitation, any consumer suit, complaint, or demand; any product liability suit; or any other claim, demand, or suit, whether in a court of law or equity or in an administrative forum. Texas ASLA reserves the right in their sole discretion, to prohibit or discontinue sales for any reason at any time. Exhibitors are responsible for any and all permits required by law or local ordinance. An Exhibitor without a Texas location needs a Use Tax permit. There is no fee for a Use Tax permit. In the event that an exhibitor engages in on-location transactions, the exhibitor will be responsible for complying with all federal, state, and local laws that may pertain to such sales. All exhibitors must be registered with Texas Comptroller’s Office. In addition, exhibitors must have a Texas Sales permit or proof of tax-exempt status in order to exhibit at the Conference. Contact the Comptroller's Office (512.463.3731 or www.cpa.state.tx.us) for information regarding exhibiting in Texas and Texas sales permits. Each exhibitor is responsible for making this contact.

8. NOISE, SOUND, AND COMBUSTIBLES: Use of the display area shall not interfere with other exhibitors or sessions. Musical instruments, radios, sound-motion picture equipment, record players, noise-creating devices, or amplifying systems shall be operated only at a level that will not interfere with other Exhibitors or Session Speakers or add unduly to general acoustical inconvenience, and their operation must conform to Texas ASLA requirements. Flammable fluids, substances or material, the use of which is in violation of city, county, or state laws or regulations, may not be used in any booth.

9. INSURANCE: The Exhibitor, its independent contractor, and its agents of every kind agree to obtain and furnish a certificate of insurance to Texas ASLA for the following insurance coverage during the dates of the Texas ASLA Conference (including move-in and move-out days). It is further agreed that loss of, or damage to, person or property within the space allocated to the Exhibitor, from fire, theft, pilferage, or otherwise shall be at the sole risk of the Exhibitor.

10.COPYRIGHT POLICY: The Copyright Laws require the payment of a user fee before any performance of copyrighted work (such as music or literature). Exhibitors are responsible for procuring permission to use any copyrighted work that is performed, broadcast, displayed, or used in Texas ASLA publications, which is supplied to Texas ASLA by the Exhibitor. Each Exhibitor assumes full liability for any infringement of the Copyright Act committed by or on behalf of such Exhibitor and agrees to hold Texas ASLA and their employees and agents harmless and to assume all costs and damages for any direct or indirect liability Texas ASLA may incur by such infringement. For any infringement committed, each Exhibitor agrees to assume the duty to defend, including paying for all costs associated with the infringement defense, giving Texas ASLA right to control litigation and choice of counsel.

11.NON-LIABILITY: It is expressly understood and agreed by each and every contracting Exhibitor and his or hers guests that neither Texas ASLA, nor its employees, nor its contractors shall be liable for loss or damage to the goods or properties of Exhibitors. All property of the Exhibitor is understood to remain under his or her custody and control in transit to, within, or in transit from the confines of the Exhibit Hall, subject to the Rules and Regulations of this conference. By signing the contract, Exhibitor releases and agrees to indemnify Texas ASLA, its managers, officers, members, sponsors, employees, and agents, and indemnify and save them harmless from any suit or claim for property damage or personal injury (including punitive damages) by whosoever sustained, including Exhibitor and its employees, servants, independent contractors, and agents of every kind or employees on or about the Exhibitor’s space or arising out of Exhibitor's participation in the exhibi­tion, expressly including such damage or injury resulting in any part from the negligence of one or more of the aforementioned indemnities. The performance of this contract by either party is excused if made impossible or illegal by acts of God, war, government regulation, disaster, civil disorder, curtailment of transportation facilities, power outage, or other emergency over which any party has no control. This agreement may be terminated for one or more of such reasons by written notice from one party to the other, but upon termination for any such reason, Exhibitor is not entitled to a refund or reimbursement. The Exhibitor does not have the right to request a refund because the facility fails to provide any service. (e.g., electricity goes out and attendees cannot see exhibit). Failure by the Exhibitor to comply with these rules and regulations as agreed by the parties or the breach of any representation, warranty, or guarantee by the Exhibitor shall render the Exhibitor liable for direct and consequential damages, expenses, allocations of overhead, etc., including but not limited to, reasonable attorney’s fees. This agreement represents the complete understanding of the parties and may be amended, modified, or otherwise altered only pursuant to the mutual written agreement of the parties.

12.GENERAL: Texas ASLA reserves the right to make such additional conditions, rules, and regulations as Texas ASLA deems necessary to enhance the success of the Texas ASLA Conference. Failure of Texas ASLA to declare any violation of these rules immediately upon occurrence thereof, or delay in taking any action in connection therewith, shall not waive such violation. Texas ASLA shall have the right to declare any violation at any time and take such action as might be lawful or authorized here under, either in law or in equity. The receipt of any rent or payment by Texas ASLA, with or without knowledge of any breach or violation by Texas ASLA of any conditions, terms, or covenant, here under shall not be determined or considered as a waiver of any provision here under.

13. Texas ASLA NAME AND LOGO: Exhibitors must have approval from the Texas American Society of Landscape Architects (Texas ASLA) to use the official Texas ASLA logo, Texas ASLA Conference logo and/or organization name: American Society of Landscape Architects, Texas Chapter.

14.Exhibitor assumes entire responsibility and hereby agrees to protect, indemnify, defend and save Texas American Society of Landscape Architects and the Galveston Island Convention Center, Galveston, Texas, the owners, operators, managers or lessees together with its and their respective officers, directors, shareholders, employees, servants and agents harmless against all claims, losses or damages to property or persons, including death, governmental charges or fines and attorney’s fees, arising out of or caused by exhibitor’s installation, removal, maintenance, occupancy, or use of any part of the facilities exhibition premises unless any such liability was caused solely by the negligence of the Galveston Island Convention Facilities.