2018 EMEX Terms, Rules, and Regulations Agreement

CANCELLATION POLICY:
All cancellations MUST be received in writing. Once a signed contract is received, or online booth reservation is submitted, you are a contracted exhibitor. Space/Exhibits canceled or reduced before February 1, 2018 will be charged a 25% service charge on the net cost of the original space. Space canceled or reduced between February 1, 2018 and June 1, 2018 will incur a 75% service charge on the net cost of the original space. The full contract price is due and payable and non-refundable for any space canceled or reduced on or after June 1, 2018. An exhibitor who cancels its booth space reservation must pay a cancellation fee, as noted above, which allows IAEM/EMEX to recover the administration expenses incurred in preparing for the participation of the canceling exhibitor and costs incurred in attempting to resell the booth.

By signing a Space Contract (including the above as well as online submissions included) for Exhibit Space (hereinafter referred to as “Exhibit Contract”), the Exhibitor agrees to be bound by and at all times adhere to the Terms, Rules and Regulations set forth in this document and all amendments thereto and the decisions of IAEM and the Exhibition Facility. For purposes of this agreement, whenever used, the term “Show Management” shall mean the International Association of Emergency Managers (“IAEM”), and its respective officers, directors, staff, volunteers and IAEM’s designated and authorized agents, representatives and contractors. The term “Exhibitor” shall mean any company, firm or person who has applied for or been allocated space at the Exhibition. The Application and Contract will not become binding until fully executed by an authorized representative of IAEM and the applicant Exhibitor and the Exhibitor’s full payment is received by IAEM.

Exhibitor’s Authorized Representative:
The Exhibitor must name an authorized representative in connection with the installation, operation and removal of the applicant Exhibitor’s exhibit. The applicant Exhibitor’s designated representative must be authorized to enter into such service contracts as may be necessary and for which the Exhibitor shall be solely responsible. Exhibitor shall assume all responsibility for the designated representative being in attendance throughout all Exhibition periods and for keeping the exhibit neat, safe, manned and orderly at all times.

Admissions:
IAEM shall have sole control over all admissions of persons to the Exhibition and Exhibition Facility. All persons visiting the exhibit area will be admitted according to the rules and regulations of the Exhibition or as amended from time to time by IAEM.

Terms, Rules and Regulations and Amendments:
Any and all matters or questions not specifically addressed in this Application and Contract or in the Terms, Rules and Regulations shall be subject to the sole discretion and interpretation of IAEM and the Exhibition Facility.

Show Directory (if applicable):
Any exhibitor with fees that are not paid in full to and received by IAEM or its designated representative by due date, shall not be listed in the official show directory.

Floor Plan:
The arrangement of the exhibit spaces shown on the floor plan, the dimensions and locations of exhibit space exits, and other structures are believed to be accurate, but are only warranted to be approximate.

Space Assignment:
IAEM will undertake good faith efforts to locate the applicant Exhibitor’s booth in one of the preferred locations identified by the applicant in its Application and Contract. Notwithstanding the above, IAEM cannot and does not guarantee that the applicant Exhibitor will be assigned one of the desired booth locations and reserves the right to change location assignments at any time, as it may in its sole discretion deem necessary.

Exhibition Operations and Activities:
If IAEM decides that the Exhibitor is engaged in activities or is displaying any items contrary to the best interests of the Exhibition, or which appear to be unethical or a breach of law, IAEM may, in its sole and absolute discretion, rearrange or remove such articles or cancel entirely any allocation of space, without liability for refund or reduction of the exhibit space charge paid or due hereunder, and without liability for any other damages caused by such action. A company must be an IAEM approved exhibitor in order to display, solicit prospects, sell products/services or participate in the Exhibition. A non-exhibiting company loaning or making available its product to an exhibiting company shall not be allowed to list its name in the official directory or have any signage or promotional activities of its products or services in the authorized Exhibitor’s booth.

Exhibitors are responsible for and shall be held liable for compliance with the terms as set forth in this document and are therefore responsible for informing any Exhibitor Appointed Contractor or designated contact of the Terms, Rules and Regulations.

Distribution of printed materials, souvenirs, or any other forms of advertising is prohibited in the corridors or lobby of the Exhibition Facility hotel(s) or exhibit areas. No activities will be permitted in any exhibit space that are contrary to the law or these Terms, Rules and Regulations or which will disturb other exhibitors in the immediate area. The exhibit booth must be manned and maintained by at least one Exhibitor company representative at all times during the Exhibition operation. All displays, equipment, booth furnishings, product demonstrations, prized-drawings, and marketing/promotional activities, including surveys of any nature conducted by the Exhibitor or by a contracted survey firm must be confined to the booth and the Exhibitor shall not obstruct the view of adjacent booths of other exhibitors next to each other. The Exhibitor shall not assign or sublet any allocated space, in whole or in part, unless prior written authorization is obtained from IAEM. If IAEM learns that such activity exists or has taken place, the Exhibitor will be deemed to have forfeited its participation in the current and future IAEM EMEX events.

IAEM will not publicize or announce any such activities conducted by or on behalf of exhibitors. Materials, equipment or activities which detract from the atmosphere of the Exhibition or which disturb exhibitors are strictly prohibited. Costumed personnel or mannequins must not be offensive or disruptive in their appearance or dress. IAEM shall have the right to prohibit any exhibit, which in its opinion is not suitable to the character or purpose of the Exhibition and shall be promptly modified by the Exhibitor upon the direction of IAEM. The Exhibitor shall not attract attendees into its booth by the use of demonstrations that are not germane to its products or services, nor for that or any other purpose, shall the Exhibitor, without the prior written authorization of IAEM, employ the use of live activities which include, but are not limited to, the following: dancing, sports, music entertainment, use of animals, distribution of food or alcoholic beverages, etc. Balloons or other lighter- than air items and the use of glitter, confetti, smoke and similar decorative items are not permitted on the Exhibition floor. Visitors to the Exhibitor’s booth must be contained within the parameters of the booth. No overflow into the aisles will be permitted as fire regulations require that all aisles must be free for egress in the event of an emergency. IAEM and the Exhibition Facility reserve the right to remove from the Exhibition materials, advertising, or literature that they feel is not in keeping with the standards of the Exhibition.

Other prohibited activities include:
cooking in the Exhibitor’s space; no beer or wine or alcoholic beverages may be served or distributed by an Exhibitor without prior written permission of IAEM; the conduct of activities that could be considered illegal, such as games of chance, under applicable law; and the use of electrical equipment that is not UL approved.

Safety, Electrical, and Furnishings:
The Exhibitor agrees that the first priority of all personnel in the booth shall be the safety of those attending the booth, during, before or afterthe Exhibition’s open hours. Each exhibitor is charged with having knowledge of all Federal, State and local laws, ordinances and regulations pertaining to health, fire prevention and public safety, while participating in the Exhibition. Compliance with such laws is mandatory for all exhibitors, and the sole responsibility of the exhibitors. IAEM, the Exhibition Facility and contractors retained by IAEM in connection with show management have no responsibility pertaining to compliance with public policy laws as far as individual exhibitors’ space, materials and operation are concerned. All booth decorations including carpeting must be flame-proofed, and all hangings must clear the floor. Electrical wiring must confirm with National Electric Code Safety Rules and the City of Orlando and/or Orange County electrical code. If inspection indicates any exhibitor has neglected to comply with these regulations, or otherwise incurs fire or other safety hazard, IAEM reserves the right to remove all or part of such exhibit as may be in violation, at the exhibitor’s sole expense. All charges for electrical or other utilities required shall be paid to the Exhibition Facility by the Exhibitor. Arrangements for special electrical services must be made directly with the Exhibition Facility at least twenty one (21) days in advance of the commencement of the Exhibition a the expense of the Exhibitor. All equipment requiring electrical current must comply with City of Orlando and/or Orange County electrical codes and all other applicable safety requirements including Underwriters Laboratories approved. Exhibitor shall arrange directly with the official EMEX general contractor at the Exhibitor’s expense for any booth furniture, displays or equipment over and above its own.

Right of Entry and Inspection:
IAEM shall have the right at any time to enter the leased area occupied by the Exhibitor or otherwise inspect the Exhibitor’s materials.

Payment and Cancellations:
The Application and Contract must be signed and accompanied by the required payment. No cancellation shall be acknowledged unless received by IAEM in writing. The date upon which the notice of cancellation is received by IAEM shall apply as the official date of cancellation. Upon receipt of the written cancellation from the exhibiting firm, IAEM will acknowledge such receipt in writing unless otherwise agreed by both parties in writing. The only terms applicable to cancellation are those under this paragraph.

Should an exhibitor cancel its booth rental space at the Exhibition, the following shall apply:
Exhibitors canceling or reducing space before June 1, will pay a 25% service charge on the total cost of the original contracted space. The fully signed contract is due no later than June 1, and non-refundable on June 1, and thereafter.

Shipping Instructions:
Materials to be shipped must be forwarded in accordance with the specific instructions of the Official General Contractor. Exhibit materials should always be sent PREPAID with a copy of the Bill of Lading sent to the Official General Contractor. Exhibit materials should be scheduled to arrive not more than thirty (30) days and not less than two (2) weeks prior to the installation at the Exhibition. Nothing should be sent to the Exhibition Facility in advance, as its staff is not prepared or authorized to receive shipments. If it is necessary to ship directly to the Exhibition Facility, the Exhibitor must schedule its shipment to arrive during the installation period and coordinate the details with the Official General Contractor.

Exhibit Booths and Displays (Height Limits):
Linear booth exhibits/displays may be placed in the area not more than four feet forward from the back of the wall of the booth and up to a height not to exceed eight feet (2.5 meters) from the exhibit floor. All parts of the exhibit/display in any portion of the booth beyond four feet from the bottom back wall shall be placed to exceed the eight of the dividing side rails of three feet. Height limitations must be observed as follows: linear booths shall not exceed eight feet (2.5 meters) in height. Island booths shall not exceed sixteen feet (six meters) in height. Island booths are defined as a booth with aisles on all four sides. All others are defined as linear booths. NO ADVERTISING LOGOS, DISPLAYS, SIGNAGE, OR EXHIBIT STRUCTURE MAY EXCEED THE HEIGHT LIMITATION. THE HEIGHT LIMITATION WILL BE STRICTLY ENFORCED WITHOUT EXCEPTION. Bridging of booths across an aisle for any reason and by any means must receive written approval of IAEM. Multi-story booths are not permitted, except in areas designated by IAEM.

Exhibits/displays not meeting these specifications or which in design, operation, or otherwise are objectionable in the opinion of IAEM will be modified to meet these specifications. All unfinished parts of an exhibit/display that are exposed and facing an aisle or neighboring exhibitor must be curtained off at the Exhibitor’s expense.

Official Contractors:
IAEM has selected the official contractors to provide services and furnishings for this Exhibition. The purpose of these contractors is to provide a quality service and product to exhibitors at a competitive rate in a safe and timely fashion. The following services and furnishings must be provided by the official contractors, whose forms will appear in the Service Order Kit: Security, cleaning and janitorial services, freight handling in/out, standard rental furnishings, equipment for rigging, erecting or dismantling an exhibitor’s display, all ancillary services including photography, florists, audio-visual, etc.

Exhibitor Appointed Contractors:
Exhibitors using Exhibitor Appointed Contractors agree to submit a completed Exhibitor Appointed Contractor Notice by the due date. Exhibitor Appointed Contractor Notices may be obtained from the SOK. A copy of the notice must be submitted to the Official General Contractor as well as well as IAEM. Exhibitors utilizing Exhibitor Appointed Contractors agree to indemnify, defend and hold harmless IAEM, the Official General Contractor and the Exhibition Facility, their respective officers, directors, employees, agents, representatives, volunteers from and against any and all claims, actions, causes of action, judgments, liabilities, injuries or damages to persons or property (including death), costs and expenses, including reasonable attorneys’ fees and court costs, arising out of or resulting from any negligent act, error or omission, intentional or willful misconduct of the Exhibitor and/or its Exhibitor Appointed Contractor(s) in connection with their activities and presence at the Exhibition.

All Exhibitor Appointed Contractors shall maintain the following insurance coverage(s):
1) General Liability, broad form, with limits of not less than $1,000,000 per occurrence;
2) Automobile liability, any auto, with limits of not less
than $1,000, 000 per occurrence;
3) Worker’s Compensation required in the state the Exhibition is located; and
4) Employer’s Liability:
$100,000. Umbrella Form Excess Liability insurance may be used to bring coverage levels up to these requirements. In addition, policies must name as additional insureds: IAEM, the Exhibition Facility and the Official General Contractor. Exhibitor Appointed Contractors shall have and make available during the installation period for IAEM’s review, a copy of Certificates of Insurance evidencing the above-required insurance and additional named insureds. ONLY EXHIBITOR APPOINTED CONTRACTORS ABLE TO PRODUCE A CERTIFICATE OF INSURANCE, COMPLETE WITH THE APPROPRIATE COVERAGE AND ADDITIONAL INSURED LANGUAGE, WILL BE PERMITTED TO WORK IN THE
EXHIBITION FACILITY. ALL OTHERS SHALL FORFEIT THEIR WORK TO THE OFFICAL GENERAL CONTRACTOR.

Installation of Exhibits:
Exhibitors or their agents shall not injure or deface any part of the Exhibition Facility, booths, booth contents, Exhibition equipment or décor. When such damage occurs, the Exhibitor shall be liable to the owner of the property so damaged. Exhibitors may have access to the Exhibition Facility and exhibit area at the commencement of the installation or set-up period. The working hours during the installation or set-up period will commence at 12:00 noon and conclude at 5:00 p.m. unless otherwise designated. Requirements for services before or after these times must be arranged through the Official General Contractor. Installation of all exhibits must be fully completed at least one (1) hour prior to the opening of the Exhibition. Exhibitors who do not meet this deadline will not be allowed to continue setting up until two (2) hours prior to the next day’s Exhibition hours. Failure to adhere to this requirement could restrict the Exhibitor’s entry into future exhibitions. Any space NOT claimed by three (3) hours prior to the opening time of the first day of the Exhibition shall be deemed forfeited and may be resold or reassigned without refund or any penalty or liability on the part of IAEM. All empty crates, upon erection of the display, shall be labeled as such and properly identified with the Exhibitor’s company name and booth number for removal by the Official General Contractor from the exhibition floor. All empty crates and cartons must be properly identified to facilitate their delivery by the contractor at the close of the Exhibition. The Exhibition Facility does not provide a storage service for empties but will maintain a janitorial
service for the aisles, entrances and exits to the exhibition area. No crates, packing materials, wooden boxes, and other highly combustible materials may be stored in the Exhibition hall, meeting rooms or fire exit areas.

Dismantling and Removal of Exhibits/Early Removal Prohibited:
No exhibit shall be packed, removed or dismantled prior to the closing of the Exhibition without the prior written permission of IAEM. If an Exhibitor breaches this provision, it shall pay, as compensation for distraction to the Exhibition’s appearance and operation, an amount equal to one-third (1/3) of the total space charge for Exhibitor’s allocated area, in addition to all sums otherwise due under this Application and Contract. Additionally, breach of this provision may result in the loss of the Exhibitor’s participation in EMEX events. The packing of merchandise and dismantling of displays/exhibits shall not start until after the Exhibition’s closing. Empty crates and carton will not be delivered until this time. Arrangements for the use of Exhibitor services, i.e. labor, shipment of exhibit materials from the Exhibition site must be made in advance of the Exhibition closing. Materials left in the booth after the Exhibition closing and not packed or crated or covered by a bill of lading for shipment will be packed, shipped or stored at the sole discretion of the Official General Contractor and all expenses will be charged to the Exhibitor of record. The Exhibition facility/Exhibit Hall must be cleared of all exhibit materials by the end of the dismantling period.

Hold Harmless and Indemnification:
This Agreement shall not constitute or be considered a partnership, joint venture or agency relationship between IAEM and the Exhibitor. The Exhibitor hereby warrants and agrees that it shall defend, indemnify and hold harmless IAEM, the Exhibition Facility and Official General Contractor from and against any and all liability, responsibility, loss, injuries or damages to persons or property (including death), costs or expenses of any kind whatsoever as they arise, including, but not limited to reasonable attorneys’ fees and court costs, which IAEM, the Exhibition Facility or the Official General Contractor may incur, suffer, or be required to pay, incident to, resulting from, or arising directly or indirectly out of any intentional or negligent act, error or omission or breach of the terms, conditions and rules by the Exhibitor or any of its employees, servants, agents, representatives, contractors, invitees or guests. Exhibitor assumes full responsibility and liability for the actions of its agents, employees, representatives, contractors, invitees and guests, whether acting within or without the scope of their authority, and agrees to indemnify, defend and hold harmless IAEM, the Exhibition Facility and the Official General Contractor, as expenses arise, from responsibility or liability resulting directly or indirectly, or jointly, from other causes which arise because of acts, errors or omissions of its agents, employees, servants, representatives, contractors, invitees or guests, whether acting within or without the scope of their authority. This warranty shall survive the termination of this Application and Contract for any reason.

Security/Liabilities/Insurance:
Errors and Omissions: IAEM assumes no responsibility or liability for any services performed or materials delivered by any official exhibition contractor or other suppliers to the Exhibition, their personnel or their agents. Any controversies which may arise between exhibitors and official exhibition contractors, or personnel of either, shall be referred to Show Management for resolution, and IAEM’s decision shall be final and binding.

Liability and Insurance:
Notwithstanding IAEM’s agreement to provide security, all property of the Exhibitor remains under the Exhibitor’s custody and control in transit to and from the Exhibition Facility and hall, during installation, storage and removal, and while it is in the confines of the Exhibition Facility. Neither IAEM, the Exhibition Facility or any official service contractor, nor any of the officers, directors, employees, staff members, agents or representatives of the same are responsible for the safety of property of any exhibitor from theft, damage by fire, accident, vandalism or other causes, and the Exhibitor waives and releases any claim or demand it may have against any of them by reason of any damage to or loss of any property of the Exhibitor. IAEM, the Exhibition Facility and any official contractor shall be NOT be liable for injury of any type from any cause to persons conducting or otherwise participating in the Exhibition or to invitees, guests, employees, agents or servants of the Exhibitor. Exhibitor understands and agrees that IAEM does not carry business interruption and property damage coverage for loss of damage of Exhibitor’s property. The Exhibitor agrees to carry insurance for a single limit of not less than $1,000,000 per occurrence for their employees, agents, contractors, representatives and guests present at the Exhibition in each of the following categories: Broad Form General Liability and Automobile Liability; property insurance coverage with limits adequate to protect the value of Exhibitor’s property. In addition, the Exhibitor agrees to provide Workers’ Compensation insurance providing benefits for the state in which the Exhibition Facility is located, and Employers Liability coverage of not less than One Hundred Thousand ($100,000) per accident. An umbrella liability policy would be satisfactory provide all these areas are covered. Such policies of insurance shall name as additional named insured’s: IAEM, the Exhibition Facility and the Official General Contractor. Certificates of insurance evidencing such coverage shall be provided to IAEM prior to the commencement of the Exhibition. IAEM shall not be liable to the Exhibitor in excess of consideration paid by the Exhibitor, exclusive of deposit, for breaches of conduct or tortuous conduct by IAEM, its agents, representatives, and independent contractors, whether acting within or without the scope of their authority, by agents, representatives or independent contractors of the Exhibition Facility, official service contractors or by the general public. IAEM’s service contractors shall not be liable for failure to perform their obligations under the contract due to strikes, riots, acts of God, or other causes beyond their reasonable control.

Damage to Facility:
Any damage to the Exhibition Facility caused or done by the Exhibitor, its officers, directors, employees, agents, representatives or contractors shall be replaced or repaired by the Exhibitor at its expense. Additionally, the Exhibitor agrees to indemnify, defend and hold harmless IAEM, the Exhibition Facility and the Official General Contractor from and against any and all liability, loss and/or damages whatsoever, caused to the Exhibition Facility or any part thereof directly or indirectly.

Security:
Security guards will be furnished during the installation hours, closed hours, and during the dismantling hours of the Exhibition. The furnishing of security shall not increase the liability of IAEM, the Exhibition Facility or the Official General Contractor for which the Exhibition is being held. After show hours, only those exhibitors properly identified and with the authorization of IAEM may enter the Exhibition area. During show days, Exhibitor personnel may have access to the Exhibition area not more than one hour prior to its opening. Damage to inadequately packed property shall be the sole responsibility of the Exhibitor. Exhibitors are advised to add on to their existing insurance a portal-to-portal rider protecting against loss/damage to their materials by fire, theft, vandalism or accident, etc.

Cancellation or Postponement of Exhibition:
In the event that the Exhibition is postponed due to any occurrence not occasioned by the conduct of IAEM or the Exhibitor, whether such occurrence be an Act of God, fire, flood, common enemy, result of war, civil disorder, labor dispute/strike, terrorist action, government action, curtailment of transportation facilities, biological hazard, public health hazard or warning or any act or conduct of any person or persons not a party to this agreement, then performance of the parties hereto shall be excused for such period of time as is reasonably necessary after such occurrence to remedy effects thereof, and in any event for the duration of such postponement. In the event that such occurrence results in the cancellation of the Exhibition, the obligations of the parties under this agreement shall automatically be terminated and all rental payments made under this lease of space shall be refunded to the Exhibitor, less a pro rata share of expenses actually incurred by IAEM in connection with the Exhibition. IAEM reserves the right, with no liability to the Exhibitor for refunds, additional expenses or otherwise, to change the date or place of the Exhibition upon two (2) weeks notice to the Exhibitor, effective from the date of mailing of such notice.

Waiver:
Waiver by either party of any term or condition or breach shall not constitute a waiver of any other term or condition or breach of their agreement. Rights of IAEM shall not be deemed waived except as specifically stated in writing and signed by an authorized representative of IAEM.

Applicable Law and Jurisdiction:
Exhibitor hereby agrees that the laws of the Commonwealth of Virginia shall control construction and enforceability of this agreement hereby consents to the jurisdiction of the courts of the Commonwealth of Virginia and Federal District Courts within the Commonwealth of Virginia with respect to any right of action arising under this agreement.

Severability:
In the event any provision of this agreement is held invalid or unenforceable, then neither the remaining provisions of this agreement nor other applications of provisions involved shall be affected thereby.

Agreement Subject to Terms of Facility Lease:
This agreement between the Exhibitor and IAEM is subject to the terms of the lease between IAEM and the Exhibition Facility, and to terms of any and all agreements between IAEM and any other party related to the Exhibition. Exhibitors shall not undertake any act or fail to fulfill any obligations which shall be in violation of said lease or agreement.