Fear Con Exhibitor & Sponsorship Agreement, Rules & Regulations
The Fear Con is owned and operated by Fit Con L.L.C, referred to hereinafter as “Management”. Applicant agrees to abide by all Rules, Regulations, instructions and exhibitor information of Management. Any changes in this agreement must be in writing and signed by both parties. Management shall have sole discretion in the interpretation and enforcement of all Rules and Regulations contained herein and the power to make such amendments thereto, and such further Rules and Regulations as it shall consider necessary for the proper conduct and success of the Exposition. Management reserves the right, in their sole discretion, to alter the exhibit hours or floor plan arrangements in any manner which is in the best interest of Fear Con. Assignment of space will be made by Management, in its sole discretion. Location preferences will be accommodated as far as possible. Acceptance of an applicant does not imply endorsement of exhibiting and/or sponsoring company’s products or services; nor does rejection imply lack of merit of same. The failure of Management to insist upon a strict performance of any of the Rules and Regulations shall not be deemed a waiver of any rights Management may have. This agreement shall be construed solely as a license for the use of the exhibit space to be occupied by the exhibiting and/or sponsoring company. The exhibiting and/or sponsoring company agrees that it has not relied on any oral or written representation not contained in the agreement.
Management disclaims any implied warranties of merchantability and/or fitness with respect to the services or material furnished to the exhibiting and/or sponsoring company in connection herewith. Exhibiting and/or sponsoring company acknowledges and agrees that the venue where Fear Con takes place may (I) limit or prohibit exhibiting and/or sponsoring company’s sale of any and all food and beverage at Fear Con and/or (II) impose and collect a fee or commission on any and all food and beverage sold by exhibiting and/or sponsoring company at Fear Con. Celebrities in exhibit booths/handouts/Information gathering – to comply with the Fire Marshall’s requirements, exhibiting and/or sponsoring companies are not to block the walkways or other exhibit booths. Exhibiting and/or sponsoring companies will incur additional cost for security personnel if they are needed to keep their lines from blocking other exhibitors.
Management see the rights to decline, prohibit or expel which in its sole judgment is out of keeping with the character of Fear Con, including but not limited to persons, printed material display, conduct, booth advertisements, booth activities, and actions at Fear Con and anything similar. Management reserves the right to determine their sole discretion, the eligibility of all exhibit space applicants and individual products to be exhibited.
All exhibiting and/or sponsoring companies are responsible for any items other than what the management provides. Any other changes or additions must be approved by management and purchased separately. Management will not incur any other costs other than listed above. Exhibiting and/or sponsoring companies are responsible for obtaining proper permits, approval, fire marshal safety or any other permit or safety needed in order to have their booth.
No standing or soliciting outside of your booth space or throughout the EXPO hall. Absolutely No standing on tables or chairs. Absolutely No throwing or tossing of ANY item into the crowds. Items are to be HANDED to the attendees from WITHIN the exhibitor booth space. All samples, food sample, drinks or any other item of consumption shall be approved by the venue where Fear Con takes place. Any type of illegal supplement or steroid are not permitted at Fear Con. This may include but is not limited to Ephedra, Ephedra Derivatives, hormone or hormone related products. No references may be made about enhancement of sexual pleasure, endurance or any product marketed as an aphrodisiac. All literature must be appropriate for a high school and younger audience. No catalogs or products may be distributed that reflect items that are not legal for sale to individuals under the age of 18 in the United States and must follow the laws as set forth by the State of Utah. Be sure to have questionable items pre-approved by the Management. Signage, Photos, Literature, Displays, etc. – Fear Con does not allow literature or products that make reference to steroids or enhancement ability that is related to any illegal substance. No build-up exhibits shall exceed 8 feet or other construction shall exceed 8 feet in background height including company name or other advertising unless approved by Management. Exhibiting and/or sponsoring companies shall be bound and comply with, at exhibiting and/or sponsoring companies cost and expense, all applicable trademark and copyright laws and regulations which affect exhibiting and/or sponsoring companies use and occupancy of the exhibit space or participation in Fear Con.
Exhibiting and/or sponsoring companies who wish to video tape inside Fear Con must submit a request in writing to Management for any filming to occur. Any filming done without the expressed written consent of the Management is subject to immediate removal from Fear Con and/or legal action. No exhibiting and/or sponsoring companies may assign, sublet, or apportion the whole or any part of the space allotted him; nor exhibit therein any other goods than those manufactured or sold in the regular course of business by the exhibitor. This includes flyers, brochures and magazines not part of exhibitor’s business. Identification badges and/or wristbands are not transferable. Admission will be by badge and/or wristband only. Should a booth worker be attired in an inappropriate manner, at the discretion of Management, they will be escorted out of the exhibit hall and asked to change before returning.
Printed apparel or signage – Your designs must be submitted to Fear Con and must be approved prior to printing – no exceptions. Any non-approved items will be confiscated.
Exhibiting and/or sponsoring companies shall be bound by and comply with, at exhibitor’s sole cost and expense, all applicable national, state, city, municipal and other laws, codes and governmental regulations of governmental or other authorities having jurisdiction over the exhibit facility or the conduct of said Exposition, together with the Rules and Regulations of the owners and/or operators of the facility in which the Exposition is held. Exhibiting and/or sponsoring companies shall be bound by and comply with, at exhibitor’s sole cost and expense, all applicable copyright and trademark laws and regulations which may affect Exhibitor’s use and occupancy of the exhibit space or participation in the Exposition.
Exhibitors are required to check in and set up during the designated set up times before the show, or their booth space will be given away. There is to be no checking in and setting up on the day of the show.
INSURANCE & INDEMNIFICATION
Attention is called to the necessity for insurance covering all risks (including but not limited to liability, fire, and theft damage) on your exhibit from the place of shipment to the exhibition facility and return, including the period during which the materials remain in the Exposition. Exhibiting and/or sponsoring companies acknowledge that Management, Fit Con L.L.C, Interior Decorator, and Expo Services (decorator company) their officers, agents or employees do not maintain insurance covering Exhibitor’s property. It is the sole responsibility of exhibiting and/or sponsoring companies to obtain business interruption, property damage and other insurance covering such losses as exhibiting and/or sponsoring companies may incur, and assume no responsibility for the safety of the properties of the Exhibitor, Exhibitor’s officers, agents or employees from theft, damage by fire, accident or any other cause whatsoever. Exhibitors are required to obtain a minimum insurance policy coverage of $2,000,000 general aggregate and $1,000,000 occurrence for the event, Fit Con LLC must appear on the certificate as additionally insured. Exhibitors are required to send proof of insurance to Fear Con employee prior to the event. Exhibitors who fail to provide proof of insurance with Fit Con LLC additionally covered will be held fully liable for all risk (including but not limited to liability, fire, and theft, damage, sickness, injury, and death).
The exhibit facility is a public building. Exhibiting and/or sponsoring companies are cautioned to take valuable items to their rooms or otherwise assure their safety when they are not in attendance at their exhibit booths and to exercise caution during the exhibit hours. Management is not responsible for any losses, damages, stolen items, and/or lost items at any point during, before, or after Fear Con. Management shall not be responsible for the conduct of contractors or their employees and assume no responsibility for failure to perform by contractors, their charges, or any other matter relating to contractors or the exhibit facility.
Exhibiting and/or sponsoring companies expressly agrees to save and hold harmless Management and/or Fear Con and/or their officers, agents, and members and employees from any and all liability resulting from injuries to any person or for damages to or loss of property owned or controlled by exhibiting and/or sponsoring companies, its agents, employees and attendees, person and or properties in connection with the exhibitor’s use and occupancy of the exhibit space or participation in the Exposition, and from any claim or liability which may arise as a result of copyright and trademark laws and regulations which may apply to exhibitor’s use and occupancy of the exhibit space or participation in the Exposition.
CANCELLATION OR POSTPONEMENT
All exhibitor booth and/or sponsorship purchases are final. There are NO REFUNDS after payment and contract has been signed by the exhibitor and/or sponsor and received by the Management. If the exhibiting and/or sponsoring company fails to comply in any respect with the terms of this agreement, then Management shall have the right, without notice to the exhibiting and/or sponsoring company, to sell or offer for sale the exhibit space covered by this contract, said exhibiting and/or sponsoring companies to be liable of any deficiency, which loss or damage the exhibiting and/or sponsoring companies agree to pay Management upon demand together with expenses and costs incurred by reason thereof. Exhibiting and/or sponsoring companies agree that whenever an attorney is used to obtain payment due hereunder an attorney’s fee of 100% of the sums due shall be payable by the Exhibitor.
In the event the Exposition is cancelled or postponed, or Management is unable to perform for any reason whatsoever including performance under this agreement, the sole and exclusive remedy of exhibiting and/or sponsoring company as against Management with respect to any damages sustained by exhibitor as a result of the non-occurrence or postponement of Fear Con, including incremental and consequential damages, shall be a refund of monies paid on account of the exhibition space, less exhibitor’s pro rata share of expenses relating to the Exposition, as determined by Management. Management reserves the right to cancel or postpone the Exposition for any of the following reasons: damage or destruction of the facility; acts of God; national or unforeseen emergency; public enemy; war or insurrections; strikes or the possibility of strikes; the authority of the law; for any cause beyond their control or where Management, in its sole discretion, determines that the Exposition cannot be held as planned; or in a manner which will serve the best interests of Management, the attendees and/or exhibitors; or where the success of the event will be adversely affected. This agreement shall be governed by the laws of the State of Utah.
RELEASE OF LIABILITY
Exhibiting and/or sponsoring companies attending Fear Con hereby enters into this agreement with and for the benefit of Fit Con LLC. Exhibiting and/or sponsoring companies hereby acknowledges and understands that there are inherent and significant risks associated with participation during Fear Con, including (but not limited to) the potential for serious personal injury caused by an event or any condition of the facilities, techniques or equipment which includes using instrumentalities such as speed and/or conditioning enhancement equipment.
Participant understands and acknowledges that there are inherent or unexpected risks associated with any fitness program, events, competitions, attendees at Fear Con. Exhibiting and/or sponsoring companies fully assumes full responsibility for any risk of accident, illness, physical injury, permanent disability, paralysis, death, property damage and all harm or damage whether known or unknown, arising out of or related to the program (s) however caused, even if caused by the negligence or carelessness of Fit Con LLC. Exhibiting and/or sponsoring companies understand and acknowledge that there may be other risks and dangers inherent in the activities for which they are not presently aware or which cannot be predicted or controlled. Exhibiting and/or sponsoring companies declare to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent participating in the training. Exhibiting and/or sponsoring companies hereby accept and assume all responsibility for all risks and possibilities for personal injury, death, or property damage. Exhibiting and/or sponsoring companies agree to release and discharge Fit Con LLC from all actions, claims, or demands including breach of contract or negligence. Exhibiting and/or sponsoring companies are aware that Fear Con may involve many risk, dangers and liabilities including the possibility of personal bodily injury, death or property damage loss resulting there from. Exhibiting and/or sponsoring companies are aware that this is a release of liability and binding contract between exhibiting and/or sponsoring companies, and Fit Con LLC.
COVENANT NOT TO SUE
Exhibiting and/or sponsoring companies hereby agree to not institute any action of suit at law or in equity against Fit Con LLC, nor institute , prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, cause of action for damages, costs, loss of services, expenses, or compensation for or on account of any damage, loss or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present or future, arising out of attendance at Fear Con.
RELEASE OF IMAGE
Exhibiting and/or sponsoring companies acknowledge that by signing this release gives Fit Con LLC full permission to use images or video that may appear in by participating in the event in things such as promotional items, advertisements, and commercial product royalty-free. Exhibiting and/or sponsoring companies further acknowledge that copies of such items do not need to be approved by exhibiting and/or sponsoring companies and is not entitled to any compensation for the use of their image or likeliness in said items. Exhibiting and/or sponsoring companies surrender all rights to royalties or compensation for the sale of any products or terms bearing these images produced or associated with Fit Con LLC.