FOREVER AND COMPANY WEDDING SHOW CONTRACT TERMS & CONDITIONS
For and in consideration of the show fees specified in the Vendor Wedding Show Contract, Forever and Company, LLC (hereinafter referred to as Forever and Company) grants vendor a revocable license to occupy space in the show(s) that are indicated on Wedding Show Contract.
SHOW DEPOSIT: Wedding Show booth reservations require a $300 minimum deposit to hold said booth space. Verbal and signed commitments are not recognized as sold/confirmed booths until a $300 minimum deposit has been made (unless payment plan is in effect). Any and all deposits are non-refundable should the vendor wish to withdraw from show participation. In case of emergency, monies received may be moved one time to a future show of your choice within 8 months.
MEMBERSHIP DEPOSIT: Memberships require deposit of the first months payment to activate the benefits of Membership. Installments over the remaining period of time for the annual Membership will be drafted on the 25th of every month unless other arrangements have been made. Any and all monies paid are non-refundable should the vendor wish to withdraw from the membership program. In case of emergency, monies received may be reassigned upon approval from management.
PAYMENT TERMS / CANCELLATION POLICIES: Vendor shall not be permitted to bring any equipment or display any material into the show without prior full payment or payment plan in place. If payments are not made in accordance with the due dates specified in this agreement, Forever and Company may terminate this agreement and reassign space to another vendor. All payments are nonrefundable and nontransferable, and space reservations may not be canceled less than 30 days prior to event date(s). Vendor shall pay a fee of $30.00 if any check presented for payment is returned for non sufficient funds. In the event of breach of this agreement by Vendor, Forever and Company reserves the right to cancel the agreement without liability for a refund of fees paid. The vendor is considered to be in breach of this agreement if the Vendor (1) transfers or attempts to transfer exhibit space to another party; (2) files for bankruptcy or is declared bankrupt; (3) fails to fully comply with the terms and conditions of this agreement. Forever and Company reserves the right to cancel this Vendor agreement for any reason by giving a written notice to Vendor. In the event that cancels this agreement, the liability of Forever and Company shall be limited to a return of any amounts paid by Vendor without interest or penalty.
SET-UP/BREAK DOWN: Vendors may enter show facility for the purpose of exhibit setup and must use authorized loading areas and remove vehicles from loading area immediately after unloading. Set up of exhibit must be completed no later than 1 hour prior to show start time (advertised public show hours). Should Vendor fail to occupy its space during the scheduled setup period, Forever and Company shall have the right to take possession of said space without liability for a refund of vendor fees. Exhibits may not be dismantled before the show has closed. In the event Vendor violates this provision, Vendor shall: (a) forfeit its rights to the list of show attendees, (b) be precluded from participation in future shows, and (c) be subject to a fine of $300.00. Exhibits must be removed no later than the 4 hours after show end time. Vendor shall be liable for all storage and handling charges resulting from failure to remove exhibit material from the show before conclusion of break down period. The use of porters, if available, to assist loading and unloading is at vendor’s own risk, and Forever and Company shall not be liable for any resulting damage or claim.
VENDOR NAME BADGES: Vendor personnel must wear an official vendor badge, which will be provided on the day of the show. Vendor may provide own badge if approved.
COMPETITOR SHOW CLAUSE: Exclusion from these programs is determined solely by what Forever and Company deems as a “competing” or “rival” production of/or sponsorship of another Wedding/Bridal trade show(s), sixty days prior to or after any Forever and Company Wedding Show, and/or within a fifty-mile radius from any Forever and Company Wedding Show exhibition site.
LIMITATIONS ON DISTRIBUTION OF PROMOTIONAL MATERIALS AND SHARING OF BOOTHS: Vendors will be permitted to demonstrate products and/or services, solicit orders, and distribute advertising materials (including, but not limited to, signs, literature, or business cards) only from their assigned exhibit space and only for products and/or services which are provided in the vendor’s normal operation of business. Distribution or display of advertising materials from non-vendors, and distribution of advertising materials in aisles, registration areas, lounges, seating areas, or grounds of show facility is prohibited. Forever and Company reserves the right, at its sole discretion, to determine if a breach of this clause exists. Vendors may not assign its contract for exhibit space or permit any other person or company to use any part of such space. Vendor agrees to be held liable for any unauthorized use of its exhibit space and that the damages to Show Management resulting from each unauthorized use will be set at a dollar amount equal to the fee for the Vendor’s space in the Show. Vendors are restricted from handing out publications, which have non-vendors in them without prior permission.
PUBLICITY / USE OF PHOTOS OR VIDEO: Vendor agrees that Forever and Company may list the Vendor in show promotional materials and use photography and/or video taken at the show for publicity purposes without compensation to Vendor.
EXHIBIT RESTRICTIONS / SAFETY ISSUES: All displays erected for the show must be free standing and may not exceed the boundaries of exhibit space. Vendors are prohibited from attaching anything to walls, columns, windows, or fixtures of show facility. Vendor shall leave space occupied by them in the same condition as at the time when first occupied. Forever and Company reserves the right to restrict displays which, because of noise or method of operation, interfere with other vendor, and to prohibit or remove such displays and/or personnel which in the opinion of Forever and Company become objectionable and/or detract from the character or appearance of the Show. The use of audio and/or video equipment is an exception to the rule, not a right, and Show management reserves the right to determine at what point audio and/or video constitutes interference with others and must be discontinued. Vendor is charged with having knowledge of and compliance with all laws, ordinances, and regulations pertaining to licensing, sales tax, health, fire prevention, public safety, copyright, and the Americans With Disabilities Act. Exhibit materials, decorations, and display items must be fire safe. If an exhibit does not comply with these regulations, or otherwise presents a hazard or danger, Forever and Company may remove the exhibit with no liability for refund of exhibit fees.
WEATHER AND ATTENDANCE: Vendor understands and agrees that Forever and Company makes no guarantees regarding weather conditions or attendance at the event.
FORCE MAJEURE: If Forever and Company is prevented from producing the event herein by reason of any act of God, fire, flood, earthquake, hurricane, public disaster, epidemic (as defined by the CDC), act of terror, Government shutdowns, Government directives, Government laws, Government regulations, Government orders, Government restrictions or any other cause or reason either within or beyond the control of Forever and Company, such condition shall be deemed a valid excuse for delay or cancellation of the event. Forever and Company reserves the right that the event may be rescheduled for another date and/or location chosen by Forever and Company.
LIABILITY AND INDEMNIFICATION: Reasonable precautions will be taken by Forever and Company to protect persons and property during the show; neither Forever and Company, show facility, nor representatives of any of the same, shall be responsible for the personal safety of the Vendor or its representatives from injury, nor for the safety of the property of the Vendor from theft or damage. Vendor waives all claims of every kind against Forever and Company, show facility, and representatives of the same including, without limitation, all claims for damages based on personal property damage, destruction, loss or theft, personal injury or death, and any other act or failure to act of Forever and Company. Vendor agrees to indemnify and hold Forever and Company harmless from all claims, including expenses, damages, costs, and attorney’s fees, by Vendor, Vendor’s agents, employees, contractors, or by any other person, arising out of any act or omission in any way related to Vendor’s participation in the show, whether negligent or not.
LIABILITY FOR DISTRIBUTION OF EDIBLE ITEMS: Distribution of food, cake, non alcoholic drink or other digestible items is subject to approval by Forever and Company and subject to any rules or restrictions set forth by the show facility. Vendors who distribute digestible items agree to assume all liability, and indemnify and hold harmless Forever and Company, show facility, and representatives of the same, for damage or injury, which might ensue by reason of such distribution, and must provide proof of liability insurance with limits of not less than $300,000.
LIABILITY FOR DISTRIBUTION OF ALCOHOLIC BEVERAGES: Alcoholic beverages may NOT be sold, but may be given free of charge (in sample size) to any attendee with proper identification. Vendors who distribute alcoholic beverages agree to assume all liability, and indemnify and hold harmless Forever and Company, show facility, and representatives of the same, for damage or injury, which might ensue by reason of such distribution, and must provide proof of liability insurance with limits of not less than $300,000.
REGISTERED ATTENDEE LIST: The list of attendees is established for Forever and Company Vendors, Furthermore, the list is coded to enable us to monitor its use. Upon submitting/signing this agreement, Vendor recognizes that the ATTENDEE LIST is the exclusive property and trade secret of Forever and Company and is provided for the sole use of the Vendor to use only as a direct service provider. It is further understood and agreed that the Vendor shall not under any circumstances lend out, sell, reproduce, exchange, copy, or share in any unauthorized way the information provided in the ATTENDEE LIST. If this information is used or threatened to be used in an unauthorized manner, Forever and Company shall be entitled to seek relief in any court of competent jurisdiction, including but not limited to injunction relief, actual and punitive damages, reasonable attorney’s fees, costs and any and all other expenses. Vendor also agrees that under no circumstances you will use the ATTENDEE LIST or permit the ATTENDEE LIST to be used to promote any other multi-business bridal or weddings related show or event, including your participation within such an event, and that damages to Forever and Company for each such use will be set at a dollar amount no less than $1,000.00 per attendee.
CHANGES AND MODIFICATIONS: The promotional and instructional information provided by Forever and Company to Vendor is accurate as of its publication; however, Forever and Company reserves the right to change or modify details of the show without notice. Forever and Company may issue additional rules, as it deems necessary for the orderly presentation of the show. Any rule may be amended at any time by show management provided that such amendment shall not substantially diminish the rights or increase the liability of Vendor. This agreement shall represent the entire agreement between Vendor and Forever and Company. Forever and Company shall not be bound by any representation or understanding not expressly set forth in this agreement. No provision of this agreement shall be modified except by the written mutual consent of the parties.
AMERICANS WITH DISABILITIES ACT: Any Vendor requiring assistance under the Americans With Disabilities Act must notify Forever and Company in writing no later than 30 days prior to the show.
SCAN/FAX AGREEMENTS: For the convenience of the Vendor, Forever and Company will accept submission of the contract by facsimile, scan or online form submission. The parties agree that, if a signed copy of this agreement is transmitted by facsimile or scan, the copy shall be deemed to be an original document and fully enforceable there as.
SEVERABILITY: If any clause of this agreement is found to be invalid or unenforceable, the remainder of the agreement shall continue in full force and effect without regard to the invalidated clause.