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Event Vendor (Exhibitor) Agreement
For Shopping Center Special Events
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SAMPLE SHOPPING CENTER
EXHIBITOR AGREEMENT
FOR MALL SPECIAL EVENT
This Contract for participation in the ___________ (hereinafter "EVENT") is made and entered into by and between the SAMPLE Shopping Center, as represented by _________(hereinafter "REP"), and exhibitor (or EXHIBITOR) as hereinafter identified, for participation during the EVENT occurring Saturday, September __, 20__ between the hours of 11 AM and 4PM.
The term of this contract is from the date it is signed through 5 pm on September __, 20__, or completion of Load-Out, whichever is later.
Exhibitor Name: ______________________ Booth Assignment: ____
Both parties agree as follows:
A. RESPONSIBILITIES OF SHOPPING CENTER
1. REP shall have the right to review and approve the products and services exhibited at the EVENT. At all times, and at REP's sole discretion, REP shall have the right to remove any offensive material displayed.
2. REP shall have the right to terminate the EXHIBITOR Agreement at any time should the EXHIBITOR fail to meet established standards and conditions set forth in this Agreement and conduct exhibiting and sales activities in good faith.
3. REP to provide space for EXHIBITOR to provide services on the event grounds and reserves the right to limit EXHIBITOR's vehicular access to the event area, as well as to disallow any EXHIBITOR tents or structures that do not meet REP standards.
4. Provide electrical outlets and electricity to EXHIBITOR at no charge when requested in advance. REP will supply an 8-foot table for use by EXHIBITOR for an additional charge.
5. REP shall have the right to mention EXHIBITOR's name and products in promoting the EVENT, including but not limited to, use in print, radio, television, Internet, and other forms of advertising, marketing and event promotion.
6. REP reserves the right in its sole discretion to deny EXHIBITOR access to the EVENT if REP feels that participation by a group or individual will harm the family entertainment sensibility of the EVENT or REP, in any manner.
7. EXHIBITOR exhibiting and sales locations are at the discretion of the REP. REP reserves the right to change EXHIBITOR's event location at its sole discretion.
B. RESPONSIBILITIES OF THE EXHIBITOR
1. EXHIBITOR shall participate in the entirety of the EVENT.
2. The EXHIBITOR will not sell or donate space in its booth or site for exhibiting, advertising and/or promotion to any third party without REP approval.
3. The EXHIBITOR agrees to operate in accordance with regulations set forth in the state and local health and safety codes and he/she must be individually permitted, where applicable, to operate by the State of California and local authorities.
4. If applicable, the EXHIBITOR is responsible for paying all applicable federal, state, and local taxes, and to obtain and display a valid state and local certificates allowing collection of sales and use tax. A copy of such certificate must be on file with the TCC event organizer prior to the EVENT.
5. The EXHIBITOR agrees to reimburse REP for fines, penalties, etc. to REP as a result of EXHIBITOR noncompliance with City of ________, County of ______, and/or _______ state laws, ordinances and regulations, including but not limited to OSHA, FCC, DOL, DOH, and EPA.
6. EXHIBITORS will limit their display to the rented table space and a reasonable distance behind that space that is deemed “theirs” and will not alter the convention floor plan in any way. No Exhibitor will be or is allowed to have any item(s) in the aisle space or ride areas of the event without PRIOR approval of the authorized convention liaison.
7. EXHIBITORS will not bring nor have brought to them alcoholic beverages into the event areas, event parking areas, or any areas of SAMPLE Shopping Center.
C. RESPONSIBILITIES OF BOTH PARTIES - GENERAL INFORMATION
1. Load-in and set up time for EXHIBITORS is Saturday, September __, 20__ from 7:30 AM to 10:30 AM. Breakdown and load-out may not occur until after 4:00 pm Saturday, September
__, 20__. No load-in activities shall be allowed after 10:30 AM.
2. Any support vehicles required by the EXHIBITOR must be parked in the appropriate area as designated by the TCC event organizer.
3. REP and the EXHIBITOR shall remain independent contractors, and nothing contained herein or done pursuant hereto shall be construed to create any relationship or principal and agent or employer and employee between REP and the EXHIBITOR to make them joint ventures.
4. The EXHIBITOR, its affiliated companies, and subsidiaries, agree to be responsible for, and to defend, hold harmless, and indemnify, REP, the property manager, and the merchants and businesses of SAMPLE Shopping Center Association, and their agents, servants, officers, including reasonable attorney's fees, of liability whether by reason of injury (including death) to the person or property of another or otherwise arising in connection with this Agreement, excepting only claims based upon REP's sole negligent or intentional acts.
5. In the event one or more of the provisions contained in this contract are declared invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be impaired thereby unless the effect of such invalidity is to substantially impair or undermine either party's rights and benefits hereunder.
6. This contract contains the entire understanding of the parties and supersedes all prior oral or written representations and statements between the parties.
7. The risk of loss, damage and theft of EXHIBITOR's product shall be borne by EXHIBITOR and EXHIBITOR shall be solely responsible to insure against such loss to its satisfaction.
8. The EXHIBITOR, its affiliated companies, and subsidiaries agree to secure and maintain during the period of this Agreement the following insurance coverage:
- Bodily injury $1,000,000.00 per occurrence
- Property Damage $500,000.00 per occurrence
OR $1,000,000 per Occurrence Combined Single Limit
The EXHIBITOR agrees to name SAMPLE Shopping Center, REP, the property manager, and the merchants of SAMPLE Shopping Center Association as additional insured and to provide a certificate of such coverage as an accompaniment to this contract. Additionally, a copy of your certificate of workers compensation insurance is required if applicable. (if EXHIBITOR will have employees working at the EVENT) Food EXHIBITOR's must supply a valid health permit.
9. EXHIBITOR is required to pay a fee as follows:
One (1) booth space sized 10 ft. by 10 ft., at $150.00.
EXHIBITOR's payment shall be by check payable to:
SAMPLE Shopping Center
Return this agreement, signed, with a check prepared as note above, to:
[ enter shopping center address and phone number ]
10. This contract shall be interpreted according to the laws of the state of California.
AFFIRMED, ACKNOWLEDGED AND AGREED:
This __ day of ___, 20__:
SAMPLE SHOPPING CENTER
("REP")
By:
Signature: __________________
Name (print): __________________
Its: __________________
____________ ("EXHIBITOR")
By:
Signature: __________________
Name (print): _______________
Its: __________________
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Stonecreek Partners Resource pages are provided freely and without limitation for personal, private, non-commercial use, and may be linked to as a source page. All resource page information is based on 30 years of practitioner's experience of Stonecreek Partners' principals, in the retail, entertainment, hotel, residential, and commercial real estate industries.
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