1. Management. Shall mean Ruzek Consulting, Fort Worth Association for Financial Professionals “FWAFP”, ATTA and their officers, or committees, agents or employees acting for the management of the exposition.
2. Eligibility of Exhibits. Management shall have the sole right to determine the eligibility of exhibits, including, but not limited to: companies; products, systems, services; booth graphics; printed matter distributed at the exposition; souvenirs and give-aways; costumes and booth personnel attire; and all other exposition features and activities.
3. Limitation of Liability. a) Exhibitor agrees to indemnify and hold harmless the Management, Ruzek Consulting, FORT WORTH CONVENTION CENTER, and its officers, employees, volunteers and elected representatives against all claims, losses, suits, damages, judgments, expenses, costs, attorney’s fees, and charges of any kind resulting from the exhibitor’s occupancy or participation in said exposition. This indemnification and hold-harmless agreement shall also include personal injuries, death or any property damage sustained by any person or oth- ers, and damage to his business by reason of failure to provide space for his exhibit, or any action of any nature by Management, or for failure to hold the exhibition for any reason. b) Exhibitors. Exhibitor agrees to indemnify Management against and hold it harmless for any claims arising out of the act: of negligence of Exhibitor, his agents, or employees. c) Protection of Property. The Management will provide the services of a reputable protective agency during the periods of installation, exposition, and dismantling, and exhibitor agrees that the provision of such service constitutes adequate discharge of all obligations of the Management to super- vise and protect exhibitor’s property within the exposition. Exhibitor may furnish additional guards and may insure their property at their own cost and expense. d) Failure to Hold Exposition. Should said exposition or Exhibitor’s property be destroyed by fire, or the elements, or by any other cause, or in case Government intervention or regulation, military activity, terrorism, strikes, or any other circumstance shall make it impossible or inadvisable for the Management to hold the exposition at the time and place herein provided, then and thereupon this agreement shall terminate and the said Exhibitor shall and does herby waive any claim for damages and compensation, except the pro rata return of the amount paid after deduction of actual expenses incurred in connection with the exposition and there shall be no further liability on the part of either party.
4. failure to Comply with Agreement. Should the Exhibitor fail to comply with the terms of this agreement, Management shall have the right, without notice to the Exhibitor, to sell said space at a public or private sale, and the Exhibitor is liable for any deficiency, loss or damage suffered by the Management. Management shall also determine reasonable expenses that Exhibitors shall pay as a result of the failure to comply with the terms of this contract, including forfeiture of rental fees, and the payment of the full sum of the rental cost of said exhibit by Exhibitor.
5. Default in Occupancy. Any exhibitor failing to occupy space contracted for is not relieved of the obligation of paying the full rental of such space. If not occupied by the time set for completion of installation of displays, such space may be pos- sessed by management for such purposes as it may see fit.
6. Sub-leasing. Exhibitor may not sub-let his space, nor any part thereof, nor exhibit, offer for sale, give as premium, or advertise articles not manufactured or sold in his own name, except where such articles are required for the proper demonstration or operation of Exhibitor’s display.
7. Damage to Property. Exhibitor is liable for any damage caused to building, floors, walls, or columns, or to standard booth equipment, or to other exhibitors’ property. Exhibitor may not apply paint, lacquer, adhesives, or other coating to building columns and floors or to standard booth equipment.
8. Union Labor. Exhibitor shall employ only union labor, as made available by official contractors in the installation and dismantling of his exhibit, and in its operation when required by union agreements. Exhibitors planning to build spe- cial displays should employ union display companies in their fabrication, and car- pentry and electrical work in such displays must bear A.F.L.-C.I.O. union labels. Management shall not be responsible for interference of exposition caused by labor disputes.
9. Inflammable Materials. No inflammable fluids or non-flame-proofed materi- als of any nature, including decorative materials, use of which is prohibited by national, state, or city fire regulations, may be used in any booth.
10. Ordinances, Laws, Local Regulations. Exhibitor agrees to accept full responsibility for compliance with national, state, and city regulations and exhibit hall rules.
11. Floor Load. Under no circumstances may the weight of any equipment or ex- hibit material exceed the hall’s maximum floor load. Exhibitor accepts full and sole responsibility for any injury or damage to property or persons resulting from failure, knowingly or otherwise, to distribute the load of his exhibit material in conformity with the maximum floor load specifications.
12. Hours and Date of Exposition. Hours and dates for installation, showing, and dismantling shall be those specified by Management. Exhibitors shall be liable for all storage and handling charge resulting from failure to remove exhibit mate- rial from the exposition before conclusion of dismantling period as specified by Management.
13. Decoration. Management shall have full discretion and authority in the placing, arrangement, and appearance of all items displayed by Exhibitor, and may require the replacing, rearrangement, or redecorating of any item or of any booth, and no liability shall attach to Management for costs that may be charged to Exhibitor. Exhibitors building special background or side dividers must make certain that the surfaces of such dividers are finished in such a manner as not to be unsightly to exhibitors in adjoining booths.
14. Display Heights. All exhibits are limited to a height of 12 feet, unless otherwise indicated by special Management bulletin or letter. However, any booth element extending more than 3 feet from the back wall cannot exceed 3 feet in height.
15. Signs; Sign Copy, Illumination. Signs involving the use of Neon or similar gas- ses are prohibited. Should the wording on any sign or area in the Exhibitor’s booth be deemed by Management to be contrary in any way to the best interests of the exposition, Exhibitor shall make such changes as are requested by Management.
16. Obstruction of Aisles or Booths. Any demonstration or activity that results in excessive obstruction of aisles or prevents ready access to nearby exhibitor’s booth shall be suspended for any periods specified by Management.
17. Services Provided to Exhibitors. All services contracted by Exhibitor from official Service Contractors such as furniture, labor, freight and drayage, telephone, electrical, plumbing, among other items, must be ordered and paid for by Exhibi- tors in conformity with legal and established industry financial and credit practices.
18. Noise and Odors. No noisy or obstructive work will be permitted during open hours of the exposition, nor will any noisily operating displays, nor exhibits producing objectionable odors, be allowed.
19. Sound. The mechanical reproduction of sound is permitted under careful restrictions and only if permission is obtained in writing from Management. The basic condition is that such sound will not project beyond the boundaries of the Exhibitor’s booth. The use of mechanical sound will be approved by Management on the explicit understanding that Exhibitor will immediately terminate its use on request by Management, without any reason or explanation provided.
20. Booth Representatives. Exhibitors’ booth representatives shall be restricted to employees of exhibiting companies. Booth representatives shall wear badge identification furnished by Management at all times. Management may limit the number of booth representatives at any time.
21. Soliciting; Costumes. Exhibitor shall not conduct any activities in aisles or in booths other than his own. Exhibitor’s representatives wearing distinctive cos- tumes, or carrying banners or signs separately or as part of their apparel, must remain in their own booths.
22. Samples; Souvenirs; Retail Sales. Samples, souvenirs, publications, etc., may be distributed by Exhibitor only from within his booth. The distribution of any articles that interferes with the activities in or obstructs access to neighboring booths, or that impedes aisles, is prohibited. No exhibited products may be sold at retail and or delivered to any visitor within the exposition premises.
23. No Removal of Goods During Show. No exhibit or portion thereof may be removed from the exposition without the consent of Management thereto in writing.
24. Lotteries; Contests. The operation of games of chance or lottery devices, or the actual or simulated pursuit of any recreational pastime is permitted only on written approval from Management.
25. Attendance. Management shall have sole control over admission policies at all times.
26. Resolution of Disputes. In the event of a dispute or disagreement between Exhibitor and an official contractor or between Exhibitor and labor union or labor union representative, or between two or more exhibitors, all interpretations of the rules governing the exposition, actions, or decisions concerning this dispute or disagreement by Management intended to resolve the dispute or disagreement shall be binding on Exhibitor. The Management shall have full power in the matter of interpretation, amendment, and enforcement of all said rules and regulations, and any such amendments when made and brought to the notice to the said Exhibitor shall be and become part thereof as though duly incorporated herein and subject to each and every one of the terms and conditions herein set forth. If a dispute or disagreement shall arise between the parties concerning the allotment of or permitted use of exhibition space or concerning interpretation of any of the rules or regulations which are part hereof, said dispute or disagreement shall be referred to the Management, for review and interpretation and the parties hereby agree to abide by said interpretation which if requested shall be in writing.
27. Amendments to Rules. Any matter not specifically covered by the preceding rules shall be subject solely to the decision of Management. These rules may be amended at any time by Management, and all amendments so made shall be binding on Exhibitor equally with the foregoing rules and regulations.
28. Agreement to Rules. Exhibitor for himself and his employees, agrees to abide by the foregoing rules and by any amendments that may be put into effect by Management.
29. Governing Law. This agreement shall be governed by and construed in accordance with the law of the State of Texas.