CONTRACT FOR EXHIBIT SPACE IN
THE SWCA DALLAS CERAMIC SHOW
Sponsored By: THE SOUTHWEST CERAMIC ASSOCIATION, INC., April 28 to May 1, 2010.
Corner Booth $305.00- Inline Booth $270.00 Rodeo Center Exhibit Hall) 1700 Rodeo Drive, Mesquite, TX 75149
Make all checks payable to: Southwest Ceramic Association (SWCA)
THIS AGREEMENT made this ____day of__________ 20___, by and between the SOUTHWEST CERAMIC ASSOCIATION (hereinafter referred to as "SWCA") and ___________________________________ (hereinafter referred to as "Exhibitor”). For and in consideration of the mutual premises, representations, covenants, and agreements as hereinafter set forth, the parties to this agreement agree as follows:
1. SWCA agrees to lease to Exhibitor and Exhibitor agrees to lease from SWCA upon the terms and provisions and for the rental as hereinafter set forth, for the entire term of the SWCA Dallas Ceramic Show, the following booth space for the exhibition of the product, or products, hereinafter designated.
2. The rental for booth space designated herein for the term of the SWCA Dallas Ceramic Show shall be Booth #_____ payable as follows: Deposit $50.00_____(per booth due when contract is submitted to SWCA); Balance __________due (on or before February 15). In the event of nonpayment of any portion of these rental payments when due, SWCA shall have the right, but not the obligation, to cancel this contract and retain any sums paid thereon as liquidated damages. A $50.00 charge will be incurred if cancellation within thirty (30) days of show.
3. Exhibitor agrees to exhibit at the SWCA Dallas Ceramic Show only the following specified products, supplies, materials for services as hereinafter listed and set forth __________________________________________________________________ Exhibitor may not exhibit on or around the booth space leased hereunder any products, supplies, materials, or services not specified in this contract without the prior consent of SWCA. This includes all unauthorized duplications, reproductions of any products in any form.
4. Exhibitor may not assign or sublet all or any portion of the booth space or spaces leased under the terms of this contract to any party at any time during the SWCA Dallas Ceramic show.
5. In the event the Exhibitor fails to comply in any respect with the terms and provisions of this contract or otherwise breaches the terms and provisions of the contract, SWCA shall have the right, without notice to Exhibitor, to take the following action: (a) To terminate this contract and retain all monies paid by Exhibitor to SWCA under the terms of this contract as liquidated damages; (b) Remove Exhibitor and all products, supplies, materials, and services displayed by Exhibitor, all of Exhibitor's property, and all of Exhibitor's employees, agents, personnel, or representatives from the booth space leased under the terms of this contract and from the premises of the SWCA Dallas Ceramic Show. (c) To release said space at public or private sale without notice to Exhibitor. Exhibitor agrees to pay any deficiency, loss or damage suffered by SWCA, as a result of Exhibitor's breach of this contract and as a result of the re-leasing or sale of the space hereunder. In the event SWCA is unable to affect a sale or re-lease the space as herein provided, it shall have the right to occupy or cause said space to be occupied by any other person, firm, corporation, or association to suit its own convenience without releasing Exhibitor from payment of the sum specified herein. Each of the foregoing remedies is not intended to be mutually exclusive, but may be used in any combination by SWCA or in conjunction with other remedies provided by law.
6. SWCA reserves the right to relocate and reschedule the date, time, and location for the conduct of the SWCA Dallas Ceramic Show at its discretion. SWCA agrees to notify Exhibitor, in writing, of all changes in the date, time, and location for the conduct of the show. In the event the date, time, or location for the conduct of the said show is modified or changed by the SWCA, SWCA shall at the option of Exhibitor refund all amounts paid under the term of this contract, or the alterative, apply said funds to or for the benefit of Exhibitor as credit against the balance of rental due for leased booth space at the SWCA Dallas Ceramic Show as rescheduled or at its new location. In the event Exhibitor desires a refund of rentals paid under the terms of this paragraph, Exhibitor must notify SWCA, in writing, of such request within thirty (30) days from the date of SWCA's notice of change to Exhibitor is received. If no such notice is received by SWCA within said thirty (30) day period, SWCA shall retain all money paid as a credit against the leased space at the rescheduled or relocated SWCA Dallas Ceramic Show for and on behalf of Exhibitor.
7. Exhibitor shall not lease or occupy space other than provided for in this contract within the confines of the exhibition building or in the immediate radius area, for the purpose of exhibiting or selling other materials, services, products, or supplies.
8. SWCA shall assume no responsibilities, liabilities, or obligations for any loss or damage to any property belonging to Exhibitors prior to, during, or after the SWCA Dallas Ceramic Show or around the leased premises or otherwise, and shall not be liable in any capacity, amount, or form for any injury to any employee, representative, agent, or personnel of Exhibitor or Exhibitor’s invitees. Exhibitor is responsible for and shall maintain policy or policies of insurance covering such risk of loss and shall keep and maintain SWCA as a loss-payee endorsee on each and every said insurance policy or policies.
9. In the event the leased premises shall be damaged or destroyed by fire or the elements, or by any other cause, or in case any other circumstances shall make it impossible for SWCA to permit the said premises to be occupied by Exhibitor for the uses herein specified, then thereupon this lease shall terminate and the said Exhibitor shall and does hereby waive any claim for damages or compensation except the pro rata return of the amount paid for space rental, should said lease be terminated.
10. SWCA shall have full power and authority to make such rules and regulations for the operation of the SWCA Dallas Ceramic Show as it may deem proper and may amend same at any time. SWCA shall have full power in the matter of the interpretation and enforcement of all such rules and regulations and Amendments which may be made thereto from time to time. The rules and regulations for the operation of the SWCA Dallas Ceramic Show, as they appear on the reverse side of this contract and as they may be from time to time amended or modified by SWCA, are and shall be made a part hereto as if fully incorporated herein. Exhibitor agrees to abide and comply with each and every one of the rules and regulations.
11. Any and all notices between the parties provided for or payments permitted under this contract or by law shall be in writing and shall be deemed duly served when personally delivered to the other party, or, in lieu of such personal service, when deposited in the United States mail, certified, postage prepaid, addressed to such party at the address of the principal place of business of the party or to such other place as may from time to time be specified in a notice given pursuant to the paragraph as the address for service of notice on such party.
12 This contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, assigns, and legal representatives. In the event said business is sold, contract is not transferable.
13. If any term, provision, covenant, or condition of this contract is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remainder provisions herein shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
14. Should it become necessary to enforce any of the terms, provisions, or obligations assumed in this contract, the guilty party shall pay the other party's reasonable attorney’s fees incurred as a result of said action.
15. This instrument, with attachments, contains the entire contract between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect unless in writing and signed by the parties to be charged.
16. This contract shall be construed under and according to the laws of the State of Texas from time to time in force and effect executed in duplicate on the date first above written.
RULES FOR THE SWCA DALLAS CERAMIC SHOW
1. SWCA provides a 10 x 10’ space with 8’ back drape, 3’ high side dividers, one 8’ draped table, two chairs, one booth identification sign (company name, city, and state), and security for the exhibit hall. No plastic skirts or sheets will be allowed. All decorating materials must be flameproof. All aisle space belongs to SWCA.
2. There may be no subletting or assignment of spaces or double occupancy allowed. The Show Chairperson reserves the right to move any exhibit for the purpose of uniformity.
3. No exhibit or advertising will be allowed to extend beyond the space allotted to the Exhibitor, nor be placed where it will obstruct or interfere with any other Exhibitor. Special booths or rearrangement of booths must have prior approval. The Show Chairperson reserves the right to refuse display or discontinue display of any items deemed in poor taste, or which may violate the rules and regulations governing the SWCA Show. The SWCA will not be responsible for items sold or displayed which violate any copyright laws, and that Exhibitor shall hold the SWCA harmless for any damages resulting there from.
4. Set-up time shall be on Wednesday from 1:00 pm until 9:00 pm and on Thursday from 8:00 am until 9:00 pm immediately prior to the opening of the show. All booths must be ready for inspection by 9:00 am the following Friday morning.
5. An Exhibitor or qualified representative must be in the booth during all show hours, and will be admitted to the exhibit hall at 8:00 am each morning of the show, provided an ID badge is shown. Exhibitor badges will be issued during the move-in time of the show.
6. Each Exhibitor must maintain the same discount schedule or wholesale prices regularly advertised or promoted for the entire length of the show. Show specials will be allowed if reasonable. All signs must be neat and professional in appearance and may not exceed 9” x 12”.
7. Assigned parking space for mold vehicles only. All mold companies must have an attendant with the vehicle at all times and for at least 30 minutes after the close of the public show. Each mold company shall leave their space clean upon departing the area.
8. Unauthorized vending by any party, whether inside or outside of the exhibit hall, is strictly prohibited.
9. Electrical equipment, extension cords, plugs, etc., are subject to the approval of the SWCA or as required by the management of the Rodeo Center Exhibit Hall and their judgment will be final. There will be a $54.00 charge for each electrical outlet.
10. Exhibits or display items being shipped to and from the show must be handled through a drayage company. No storage facilities are available at the Rodeo Center Exhibit Hall.
11. Move-out time shall be on Saturday, following the close of the show. At that time, booths may be dismantled and removed, but may not be removed prior to that time. The SWCA shall have a lien against each exhibit until all outstanding indebtedness against such Exhibitor is paid, and no part of said exhibit may be removed until compliance with this rule. Each Exhibitor must be packed and moved out by 9:00 pm.
12. In case of voluntary cancellation by an Exhibitor thirty (30) days prior to the show, no refund will be allowed unless the SWCA can fill the contracted space, and in that event, there will be a charge of $50.00 to cover the cost of reletting the contracted space which shall be deducted from any refund given to a canceling Exhibitor. Any voluntary cancellation less than thirty (30) days prior to the show or any exhibitors failing to timely appear in compliance with these rules forfeit all sums paid to participate in the show.
13. No animals will be allowed in the exhibit hall or mold lane. SWCA and Rodeo Center Exhibit Hall will not be liable for any damages, accidents, or injuries caused by Exhibitor’s pets inside or outside.
14. Each Exhibitor shall display only ceramics, ceramic related products, or services for same. No items conflicting with ceramics will be allowed to be displayed or sold. All non-related ceramic items for display must be cleared by the Show Chairperson. No unauthorized duplications or reproductions in any form are allowed to be sold.
15. No exhibitor shall conduct a sale or promotion program outside of the exhibit hall during the public show hours (provided that each Exhibitor may continue the operation of his or her business in the normal course of business). No Exhibitor shall distribute directions during public show hours to any social or business events occurring outside the exhibit hall, regardless of the time such event is to occur. This rule is intended to prohibit Exhibitors from enticing persons to that Exhibitor’s place of business or other location away from the exhibit hall during the public show hours. No Exhibitor may use the name SWCA Dallas Ceramic Show in any direct mail or other type of advertisement, other than for displays located in the exhibit hall.
16. The Show Chairperson shall have full power to interpret these rules and settle disputes that may arise.
Exhibitor Name____________________________________________________________________________________________________________________
Address__________________________________________________________________________________________________________________________
City__________________________________________________________State________________________ZIP____________________________________
Telephone ________________________________
Official Representative_______________________________________________________________________________________Title___________________
I/We do hereby agree to all terms of this contract and the instruction enclosed herewith
Accepted for Southwest Ceramic Association by:
_______________________________________________________________________________________Date____________________
Not valid until signed by Show or Booth Chairperson
Make all checks payable to: Southwest Ceramic Association
Send to: P.O. Box 852967
Mesquite, TX. 75185-2967
Important
Please sign and return this contact. When your space is assigned, confirmation will be returned to you for your files stating the assigned space.