Creator Connect Booth Contract: Creator Connect

CREATOR CONNECT EXHIBIT AGREEMENT

CREATOR CONNECT EVENT EXHIBIT BOOTH RESERVATION AGREEMENT TERMS

All Conference purchases are Non-Refundable

Scope: This Creator CreatorEvent Exhibit Booth Reservation Agreement Terms (“Agreement”) is entered into and is effective on the Acceptance Date below and is by and between company of which the currently logged in user account is affiliated (“Exhibitor”) and the Internet Content Creators Coalition of America (“Creator Connect”) with respect to the exhibitor’s use of exhibit space at Westgate (the “Event Location”) during Creator Connect (the “Show”). Creator Connect reserves the right to change and modify the terms and conditions at any time and such revised terms shall be effective immediately. All Creator Connect decisions are final and are not subject to further review or appeal.
Eligibility: Creator Connect reserves the right to determine the eligibility of any company for inclusion in the Show. An Exhibitor’s eligibility to exhibit must remain in effect from the time of application to the time of the Show and should Creator Connect determine that an Exhibitor which Creator Connect had previously determined was eligible to exhibit at the Show, Creator Connect may notify the Exhibitor and terminate the Agreement without liability or refund due upon written notice to Exhibitor.
Space Selection: The Exhibitor shall request booth spaces on a first-come, first-served basis during the reservation process. Creator Connect reserves the right to change its space allocation and/or Exhibitor booth space selections at any time based on the Exhibitor’s payment status, space availability, the necessity of floor plan changes due to fire marshal requirements, or for any other reasons.
Modification to Show: Creator Connect reserves the right to modify the dates, times, location, and format of the Show upon notice to the Exhibitor without liability or obligation to refund payments made to Creator Connect by the Exhibitor.
Operation of Show: Creator Connect, in its sole discretion and with or without cause, reserves the right to require modification of, restrict or exclude, in whole or part, any person, product, exhibit or entity it considers to be acting in a manner that is contrary to law, this Agreement, disruptive, unsuitable, objectionable, inappropriate, or not consistent with the character of the Show. Creator Connect may, at its sole discretion and at any time, use photographs, videos, logos, and testimonials of the Exhibitor for Creator Connect’s own publicity use.
Booth Amenities: Creator Connect will provide the Exhibitor with the following amenities: Exhibitor’s selected increment of 10’ x 10’ / 100 sq. ft. with side rail and back drape; one (1) 6’ draped table, two (2) chairs, and one (1) wastebasket per 10’ x 10’ booth space purchased; one (1) booth identification sign in the Exhibitor’s name, as listed on Exhibitor’s account with Creator Connect; two (2) exhibitor staff passes to be assigned by exhibitor prior to Creator Connect.
Booth Personnel: Only duly registered Exhibitors and their representatives whose exhibitor registrations are paid in full shall be permitted to display or demonstrate any products, processes, or services, solicit orders or distribute materials at the Show.
Additional Furnishings and Amenities: Electrical service or outlets, Internet service, freight services, and any furnishing or amenity other than those listed above are the sole responsibility of the Exhibitor and must be ordered through the official Event Location Service Contractor Alliance.
Payment: Full payment is due immediately as of the effective date of this Agreement. No exhibit will be permitted to be placed in the exhibit space until full payment has been made. Payment options are as follows:
E-mail purchase order (please indicate booth #) to: accounting@alxevents.com
Call Creator Connect’s office to provide credit card info: 202-629-9888 Ext.1 (AMEX, MasterCard, VISA, DISCOVER) Send a check (payable to Creator Connect; please indicate booth #) via mail to: 1528 Country Club Rd., Harrisonburg, VA 22802.
Cancellation: In the event of cancellation by the Exhibitor, the Exhibitor shall remain responsible for full payment of all sponsorship payments, exhibit space payments, and all other fees. Booth space cancellation necessarily results in the cancellation of all related Exhibitor registrations.
No Assignment: The Exhibitor shall not assign, sublet or share exhibit space, in whole or in part, without prior written permission of Creator Connect.
Maintenance of Exhibits: All exhibits shall be adequately staffed during Show hours. The aisles of the exhibit area may not be used for distributing literature, product samples, or other materials or conducting any promotional or other activities. NO BOOTHS ARE TO BE DISMANTLED PRIOR TO THE END OF THE SHOW. If the Exhibitor dismantles its booth prior to the end of the show, Creator Connect will fine the Exhibitor $2,500.00, and Exhibitor agrees to permit Creator Connect to utilize the credit card, or ACH to checking account used to make payment for the exhibition space. Upon conclusion of the Show, all exhibits, and related materials must be removed no later than the time specified by Creator Connect.
Sales at the Show: Any final sales transactions conducted at the Show are subject to local and state laws and regulations. The Exhibitor agrees to assume sole responsibility to ascertain and assure full compliance with all such laws and regulations, including obtaining and producing a state and/ or local sales tax license or permit.
Compliance with Laws: This Agreement is subject to any and all applicable laws, regulations, rules or ordinances in effect at the Event Location, including Creator Connect’s and the Event Location’s rules and regulations and any applicable labor agreements and regulations concerning the use of services and labor at the Event Location.
Safety Precautions: All exhibit materials must conform to applicable fire and safety codes and Event Location rules, regulations and practices. Displays are subject to inspection for safety by Creator Connect and by local fire department representatives. Any materials determined by Creator Connect, local fire department officials, or the Event Location, in their sole discretion, to be a safety hazard must be promptly removed.
Attendance: Creator Connect shall have sole control over all attendance policies at all times. Creator Connect does not guarantee specific volumes or levels of attendance at the Show. The Exhibitor shall not be entitled to any refund, in full or in part, of any amounts paid based on actual attendance level.
Social Activities: The Exhibitor agrees to obtain Creator Connect’s prior written approval before hosting any meetings, hospitality suites or other functions during any official Show activities or conference/exhibit hall hours.
Indemnification: The Exhibitor hereby agrees to indemnify, defend and hold harmless and blameless Creator Connect and the Event Location, their respective board members, managers, officers, directors, sponsors, employees, agents, successors, and assigns from any suit, action, damages or claim by it or its employees, agents or invitees whatsoever, including, but not limited to, for worker’s compensation, personal injury or property damage, lost profits or for loss of use of property by whomsoever sustained, in any way relating to or arising out of the Exhibitor’s participation in the Show. The terms of this provision shall survive the termination or expiration of this Agreement.
Force Majeure/Rescheduling of Show: In the event that either the Event Location or any part of it is unavailable, whether for the entire Show, or a portion of the Show, for any cause over which Creator Connect has no control; or should Creator Connect decide, in its sole discretion, that it is necessary to cancel, postpone, or alter the location of the Show, or the time for installation of exhibits, conduct of the Show, or removal of exhibits, Creator Connect shall not be liable to indemnify or reimburse the Exhibitor with respect to any alleged damage or loss, direct or indirect, arising as a result thereof. Creator Connect and Exhibitor agree there will be no refunds permitted in association of any fees paid by Exhibitor related to the Show. If for any reason beyond Creator Connect’s control, Creator Connect determines that the Show must be cancelled, shortened, delayed, modified in format (e.g., in-person event to virtual event), or otherwise changed for any cause beyond its control including, but not limited to; acts of God, shortage of commodities or supplies to be furnished by the Event Location, infectious or communicable diseases, governmental authority, or war in the United States that makes it commercially impracticable, illegal or impossible for Creator Connect to hold the Show. Exhibitor understands and agrees that all losses and damages which it may suffer as a consequence thereof are its responsibility and not that of the Creator Connect, its directors, officers, employees or agents. Exhibitor understands that it will lose all monies it has paid to Creator Connect for space in the Show (no refunds will be given), as well as other costs and expenses it has incurred, including travel to the show, setup, lodge, freight, employee wages, etc.
Insurance: The Exhibitor agrees that Creator Connect has advised it to obtain property damage insurance to cover its exhibit material against damage or loss during the Show, and also to obtain liability insurance providing coverage against injury to any person or the property of others, naming Creator Connect and the Event Location as additional insured parties.
No Guarantee of Success. Creator Connect makes no express or implied warranty as to the success or profitability the Exhibitor will have from exhibiting, sponsoring, attending, or conducting any other promotion at the Show.
Waiver. Failure by Creator Connect to enforce any provision of this Agreement shall not be deemed as a waiver with respect to such provision after demand by Creator Connect for strict performance of this Agreement.
Default: In the event of any violation by the Exhibitor of any provisions of this Agreement, Creator Connect may in its sole discretion prohibit the Exhibitor from placing its exhibit, may terminate this Agreement, and may evict the Exhibitor and its representatives without refund. If Creator Connect acts pursuant to an Exhibitor’s Default, Creator Connect shall have no obligation to refund any amount paid by the Exhibitor or its representatives.
Fees and Costs: If Creator Connect undertakes any legal proceedings to enforce any part of this Agreement, the Exhibitor agrees to pay to Creator Connect all costs and attorneys’ fees Creator Connect reasonably incurs in connection with such proceedings.
Jury Trial Waiver. The parties hereby knowingly, voluntarily, and intentionally waive any right that they may have to trial by jury in any proceeding, litigation or counterclaim based on, or arising out of, or in any way connected with this Agreement. If the subject matter of any lawsuit is one in which the waiver of jury trial is prohibited, no party to this Agreement shall seek to consolidate any such action or present as a non-compulsory counterclaim in any such action any claim based on, or arising out of, or in any way connected with this Agreement.
Severability. If any provision of this Agreement is declared unenforceable, the remaining provisions of this Agreement will remain in effect.
Entire Agreement and Amendment. This Agreement contains the entire agreement between the parties relating to the subject matter hereof. This Agreement may be amended only by a later written agreement signed by both parties.
Choice of Law and Venue. This Agreement will be construed in accordance with and governed by the substantive laws of the State of Virginia, without regard to conflict of laws principles. Any action or proceeding to enforce or arising out of this Agreement will be commenced in the state or federal courts located in Rockingham County, Virginia. The Parties consent to personal jurisdiction and exclusive venue in such court and waive any request to transfer such action out of such court for the convenience of the parties and witnesses.
Booth Accessibility. Exhibitors shall be responsible for compliance with the Americans with Disabilities Act of 1992 with regards to their booth space, including, but not limited to wheelchair access and alternate formats of collateral materials. Further information regarding ADA compliance is available at www.usdoj.gov/ada/infoline.htm.
Animals. No animals, other than service animals, will be allowed in the facility including, but not limited to, the exhibits, without the prior written consent of the facility and Creator Connect.
Data Use. Exhibitors shall be responsible for compliance with applicable data protection laws protecting the personal data of attendees.
Photography/Recordings. It is expressly prohibited for the Exhibitor or its representatives to record images of any other exhibitor’s exhibition space or exhibits in any form (“Images”) without the prior written consent of Creator Connect. Such prohibition includes, but is not limited to, the taking of photographs, video or digital recording of any type and/or making any drawing or sketch or other physical record. The Exhibitor and its representatives agree to surrender to Creator Connect on demand any material in whatever media on which Images may be recorded in violation of this rule, including but not limited to film, video tapes, sketchbooks, camera phones and digital storage devices. The Exhibitor acknowledges and agrees that the Creator Connect, its employees and contractors may take photographs/videos which could include images of the Exhibitor, its representatives and its exhibits while attending the Show. The Exhibitor hereby consents to and grants to Creator Connect and its affiliates, the unrestricted, perpetual, worldwide, royalty-free and transferable right and license to use (and grant others the right to use) the images worldwide without any compensation. The Exhibitor acknowledges that Creator Connect is the sole and exclusive owner of all rights in the images and hereby waives (a) any and all rights in and to such images, and (b) any and all claims the Exhibitor and its representatives may have relating to or arising from the images or their use.
All exhibitors must be 16 years or older. At no time may a minor be resent on the show floor during setup or teardown.
Acceptance. This Agreement shall not constitute a contract between the parties until acceptance by Creator Connect.
LIMITATION OF LIABILITY : IN NO EVENT SHALL THE EXHIBIT FACILITY, Creator Connect, AND THEIR OWNERS, MANAGERS, OFFICERS OR DIRECTORS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY “Creator Connect PARTIES”) BE LIABLE TO THE EXHIBITOR OR ANY THIRD PARTY HIRED BY OR OTHERWISE ENGAGED BY THE EXHIBITOR FOR ANY LOST PROFITS OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES AND COSTS, ARISING OUT OF THIS APPLICATION AND AGREEMENT OR CONNECTED IN ANY WAY WITH USE OF OR INABILITY TO USE THE SERVICES OUTLINED IN THIS APPLICATION AND AGREEMENT OR FOR ANY CLAIM BY EXHIBITOR, EVEN IF ANY OF THE INTERNATIONAL CARWASH Creator Connect PARTIES HAVE BEEN ADVISED, ARE ON NOTICE AND/OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES, EXHIBITOR AGREES THAT Creator Connect PARTIES’ SOLE AND MAXIMUM LIABILITY TO THE EXHIBITOR REGARDLESS OF THE CIRCUMSTANCES SHALL BE THE REFUND OF THE EXHIBIT BOOTH FEE. EXHIBITOR AGREES TO INDEMNIFY AND DEFEND THE Creator Connect PARTIES FROM ANY CLAIMS BROUGHT BY A THIRD PARTY HIRED BY OR ENGAGED BY THE EXHIBITOR FOR ANY AMOUNT BEYOND THE EXHIBIT BOOTH FEE. FURTHER, EXHIBITOR AGREES TO PAY ALL ATTORNEY’S FEES AND COSTS INCURRED BY INTERNATIONAL CARWASH Creator Connect PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THIS APPLICATION AND EXHIBIT. EXHIBITOR SHALL BE SOLELY RESPONSIBLE FOR ITS ATTORNEY’S FEES AND COSTS.
Acceptance. This Agreement shall not constitute a contract between the parties until acceptance by Creator Connect