The North Texas Kids Expo is dedicated to promoting
family- and child-related businesses and consumers buying from these businesses.
General Rules
In order to reserve a booth at the Expo, exhibitors and sponsors must return
this completed application properly executed by an authorized company
representative, and accompanied by payment. Upon receipt of this
Application, the North Texas Kids Expo will use its
discretion to reserve space at the Expo for the exhibitor or sponsor. North Texas Kids Expo reserves the right, in its sole and absolute
discretion, to determine the eligibility of Exhibitors and Sponsors. North Texas Kids Expo also maintains sole control over its website
content and any web links contained therein.
North Texas Kids Expo reserves the right to locate, limit,
reject, or prohibit exhibits. North Texas Kids Expo reserves
the right, in its sole discretion to distribute donated advertising time and space
from various media sources to North Texas Kids Expo
partners and billboards and/or promotional materials. Artwork will be used, as
is, unless otherwise specified in writing by the owner. Changes to artwork
may involve additional charges, but will not be implemented without prior
consent of owner.
Booth Space
North Texas Kids Expo will use commercially reasonable
efforts to accommodate your booth location preference; however, space
requests are not guaranteed. Space assignments can be changed or
cancelled by North Texas Kids Expo at its sole discretion.
All terms of the contract, including cancellation policy, remain in effect upon
such movement of booth space by North Texas Kids Expo.
Use of Space
Exhibitors and sponsors warrant and represent that exhibitors and sponsors
shall exclusively use the booth space during the Expo for the sole purpose of
selling, displaying, advertising, marketing, or distributing only the products and
services specifically listed by exhibitors and sponsors herein above. Further,
exhibitors and sponsors shall not assign, sublet, lease, license, or otherwise
share or re-allocate booth space without full written disclosure to the North Texas Kids Expo and receiving written permission, which
permission may be arbitrarily withheld. Booths and/or display structures must
be in strict compliance with the specific dimensions and restrictions provided
to exhibitors and sponsors.
The North Texas Kids Expo, in its sole discretion reserves
the right to restrict or prohibit exhibits which are objectionable due to the
actual or perceived conflicts of exclusivity contracts, noise, methods or nature
of operation, materials or for any reason(s) related to persons, things,
conduct, or printed matter in the sole and absolute discretion of the North Texas Kids Expo deemed to be objectionable. The North Texas Kids Expo may also restrict or prohibit with tor without
cause, any exhibit, person, or booth space in its entirety, or partially, that may
alter or detract from the general character of the Expo as a whole. In the
event of any such objection, restriction or prohibition, or eviction the North Texas Kids Expo shall not be liable to or responsible for any
losses, damages or expenses directly or indirectly incurred by exhibitors and
sponsors.
Exhibitors and Sponsors must attend their booths for the expo time from start to finish and may not leave early. Teardown during the expo hours is a safety concern for attendees and reduces the expo quality for all other vendors. Exhibitors and Sponsors will be charged a $50 penalty for leaving early.
Exhibitor’s and/or sponsor’s Responsibilities
Exhibitors and sponsors shall comply with each and every term of this
contract, as well as applicable rules, regulations, guidelines, by-laws,
ordinances, or regulations of any town, city, state, administrative, regulatory
or governing body. Exhibitors and sponsors acknowledge that the North Texas Kids Expo shall make the final decision with regard to
implementation and/or enforcement of any contract term, or applicable rule or
regulation. Exhibitors and sponsors are responsible for payment for labor,
equipment, and services (other than general heat, lighting, and air
conditioning) ordered at the request of exhibitors and sponsors from service
contractors including but not limited to electricians, decorators, shippers,
material handling companies, compressed air/gas suppliers, telephone
companies, hotels, cleaning services, and photographers. Furthermore,
exhibitors and sponsors agree to obtain at their sole expense any licenses or
permits from governmental bodies which may be required for the operation of
exhibitor’s and sponsor’s trade or business during the Expo., and exhibitors
and sponsors agree to pay all taxes or fines that may be levied or due as the
result of the exhibitor’s or sponsor’s booth at the Expo.
All electrical wiring on booths and equipment must conform to federal, state,
municipal, and any other applicable codes or laws. All hazardous items must
be properly safeguarded, protected, registered, and/or avoided in accordance
with applicable federal, state, and municipal regulations.
Limit of Liability
Exhibitors and sponsors agree to pay promptly for any and all damage to the
Expo building or its equipment, incurred through carelessness or otherwise,
caused by the exhibitors and sponsors, his/her/ its employees, agents,
contractors, and representatives. Exhibitors and sponsors acknowledge that
the North Texas Kids Expo does not maintain insurance
covering damage, destruction, or lose of exhibitor’s and sponsor’s property.
Accordingly, it is the sole responsibility of exhibitors and sponsors to obtain
fire, theft, liability, business interruption, property damage and/or other
insurance covering such and other losses. It is expressly understood by
exhibitors and sponsors that neither North Texas Kids Expo
nor its employees, agents, or representatives shall be responsible for or
otherwise liable for damage or injury to exhibitors and sponsors, including
exhibitor’s and sponsor’s guests, invitees, employees or agents person,
business or property as a result of robbery, fire, water, accident or any other
cause whatsoever. Should loss occur, exhibitors and sponsors are
encouraged to report it immediately to a security attendant. If the exhibitor’s
and sponsor’s exhibit material or personnel fail to arrive, exhibitors and
sponsors are nevertheless responsible for the full cost of the booth space
rental and no refund shall be forthcoming. Exhibitors and sponsors expressly
hold the North Texas Kids Expo harmless and hereby
expressly releases North Texas Kids Expo from any and all
claims and actions, including without limitation, claims and actions arising out
of the postponement or cancellation of the expo, and claims and actions
directly or indirectly related to any loss, damage, or injury incurred by
exhibitors and sponsors or their guests, invitees, agents, contractors, or
employees.
Notwithstanding the foregoing, in the event this contract or any of the terms of
this contract are not enforceable by a court of competent jurisdiction,
exhibitors and sponsors hereby expressly agree the maximum liability of the
North Texas Kids Expo arising out of any tort, contract,
legal or equitable claimor cause of action, whether cumulative or singular, joint
or several, shall be limited to exhibitor’s and sponsor’s rent paid to North Texas Kids Expo for the booth space.
Indemnity
Exhibitors and sponsors will protect, indemnify, defend, save, and hold
harmless North Texas Kids Expo and its corporate parents,
agents, officers, and employees against all claims, liabilities, losses,
damages, government charges, and costs (including attorneys’ fees) arising
out of, caused by, or related to (1) exhibitor’s and sponsor’s installation,
removal, maintenance, occupancy, or use of the exhibition premises or any
apart thereof; (2) any act or omission to act of exhibitors and sponsors or it’s
guests invitees, employees, agents, or contractors; (3) the use of any
patents, trademarks, copyrights, or other intellectual property rights owned by
a third party; or (4) any breach by exhibitors and sponsors or North Texas Kids Expo of it’s obligations under this Contract.
Exhibitors and sponsors will protect, indemnify, defend, and save the exhibit
venue and the host city for North Texas Kids Expo, including
its divisions and its employees and agents, harmless against all claims,
losses, and damages to persons and property, governmental charges or
fines, and attorney’s fees arising out of or caused by exhibitors’ and sponsor’s
negligence, recklessness, or intentional misconduct of the venue and the host
city, or its divisions, employees, or agents.
Cancellation or Change of Exhibition Venue or Date(s)
If the premises in which the Expo is conducted becomes unfit for occupancy is
substantially interfered-with due to any cause not within the control of North Texas Kids Expo the Expo may, at its sole discretion be
canceled, relocated, or delayed. Exhibitors and sponsors understand and
acknowledge that North Texas Kids Expo shall not be
responsible for delays, damage, loss, increased costs, or other unfavorable
conditions arising out of causes not reasonably within the control of North Texas Kids Expo including without limitation, fire, casualty, flood,
epidemic, earthquake, explosion, accident, blockage, embargo, inclement
weather, government restraints, act of public enemy or civil disturbance,
impairment, or lack of adequate transportation, inability to secure sufficient
labor, technical or other personnel, municipal, state, or federal laws, or acts
of God. Should North Texas Kids Expo cancel, relocate,
and/or delay the expo pursuant to any of the foregoing, exhibitors and
sponsors hereby waives any and all claims for injury, loss, or damage arising
there from.
Compliance with Rules
Exhibitors and sponsors assume all responsibilities for compliance with all
show rules and applicable and pertinent ordinance, regulations, and codes of
local, state, and federal government bodies concerning fire, safety, and
health, as well as with the rules and regulations of operators and owners of
the property and facility in which the Expo is held. Any exhibitors and sponsors
not complying with rules, ordinances, regulations, and codes may be required
to dismantle its exhibit and may be required to vacate the premises forthwith.
In such event, no refund will be given to exhibitors and sponsors, and North Texas Kids Expo shall not be responsible for any damages,
costs, or losses suffered by exhibitors and sponsors. This contract may be
cancelled by exhibitors and sponsors if written notice is delivered to and
received by North Texas Kids Expo no later than thirty (30)
days prior to the Expo. In the event North Texas Kids Expo
receives notice of cancellation within thirty (30) days of Expo, exhibitors and
sponsors shall remain responsible for the full payment of the booth space
rental, including all costs and attorney’s fees incidental to the collection of
same.
In the event exhibitors and sponsors fail to make payment in full by date
indicated on the North Texas Kids Expo invoice, or fail in
any respect to comply with all terms of this contract, North Texas Kids Expo reserves the right to cancel this contract with or without
notice to exhibitors and sponsors and all rights of exhibitors and sponsors
hereunder shall immediately cease and terminate.
Entire Agreement
These items constitute the entire agreement between exhibitors and
sponsors and North Texas Kids Expo, and such agreement
may not be modified except in writing. If any provision is invalid or
unenforceable under applicable law, it is to that extent deemed omitted and
the remaining provisions will continue in full force and effect. This Contract will
be construed in accordance with the law of the State of Texas, regardless of
the location of the Expo and any claim, action, or proceeding shall be
commenced in the state of Texas.
I/we understand this application becomes a binding contract when same is
accepted in writing by North Texas Kids Expo. I/we have
read, understood, and agree to be bound by the terms and conditions of North Texas Kids Expo as stated on page 1 of this application.