ALL SALES ARE FINAL. NO REFUNDS. Placement of your space is at our absolute discretion. We will do our best to grant requests but it is not guaranteed. Exhibitor assumes all responsibility and hereby agrees to protect, indemnify, defend and hold harmless the Santa Clara Convention Center and Hype Con Bay Area and all their employees and agents harmless against all claims, losses and damages to person or property, governmental charges and or fines and attorney fees arising out of or caused by exhibitors installation, removal, occupancy or use of the exhibition premises or any part thereof. Exhibitors agree to hold harmless Hype Con Bay Area and any of its production partners from loss or damage of merchandise or injury sustained during attendance at its events. Hype Con Bay Area takes no responsibility for items lost or stolen. It is the responsibility of exhibitors to carry insurance for their goods.
No Assignment; No Sub-Licensing: This Agreement (and the License granted hereunder) is non-assignable by Exhibitor. Exhibitor shall not sub-license or assign the Space or any part thereof, shall not permit any third party to occupy, utilize, or in any way conduct business in the Space or any part thereof, and shall not transfer any rights granted in this Agreement to any third party without Management’s prior written consent. Any violation of the foregoing, including without limitation an attempted assignment of the Agreement or License by Exhibitor, shall be null and void and shall constitute a breach, resulting in termination of the Agreement and cancellation of the space. No refund will be provided.
Force Majeure: If the Show is terminated for any reason beyond the reasonable control of Show Management, including without limitation acts of God, war, mob, riot or civil commotion, strikes, labor disputes, accidents, governmental laws, ordinances, regulations, requisitions or restrictions, unavailability of facilities, lack of utilities, commodities or supplies, inability to secure sufficient labor, civil disturbance, terrorism or threats of terrorism, disruption to transportation, disaster, fire, earthquakes, severe weather, epidemic or pandemic, or any other comparable calamity or casualty, Show Management may terminate this Agreement without liability, and Show Management will refund all exhibit space fees.
Show Management Decisions: Any and all matters, compliance issues or questions not specifically covered or addressed in this Agreement, the Rules & Regulations will be subject solely to the decision and determination of Show Management. Exhibitor agrees that Show Management will have full power in any matter of interpretation, amendment and enforcement of all Terms and Conditions and Show Rules and Regulations, Sponsorship Materials and in the Facility Management contract, to which Show Management is or will be a party as it deems necessary for the general success of the Show, and in all instances Show Management’s rulings will be final.
Damage to Property: Exhibitor is liable for any damage it or its Exhibitor Representatives cause to the Venue’s floors, ceilings, walls or columns, or to standard booth equipment, or to other exhibitors’ property. For the avoidance of doubt, Exhibitor shall be liable for any damage which it or its Exhibitor Representatives cause to the prefabricated booths used by Exhibitor or other exhibitors, including the prefabricated booth’s hard walls.Photographs and Recording: From time to time, photographs, motion pictures and/or video recordings (collectively the “Recordings”) may be made in the Exhibition Facilities, which Recordings may include images of Exhibitor, its employees, agents, representatives, spokespeople and related merchandise and displays. Exhibitors may not hinder, obstruct or interfere in any way with such Recordings whether by Show Management, its agents, attendees or other exhibitors. By signing the Exhibit Space Agreement, Exhibitor, on its own behalf and on behalf of its principals, employees, officers, directors, agents, representatives, and spokespeople, hereby licenses and authorizes Show Management to use the names trademarks, trade names and logos and likenesses of Exhibitor and of any of Exhibitor’s principals, employees, officers, directors, agents, representatives, and spokespeople participating in the Show or any associated events and depicted in any of the Recordings for commercial purposes, including, without limitation, to advertise, promote and market the Show.
Intellectual Property, Music Licensing and Use of Copyrighted Works: By executing this Agreement, Exhibitor represents and warrants to Show Management that Exhibitor owns or validly possesses the right to make, use, perform, sell and display any patented products, copyrighted works, trademarks, service marks and trade names (collectively, “Intellectual Property”), as the case may be, used by Exhibitor at or to promote its activities at the Show and all affiliated events. To the extent necessary to fulfill Show Management’s express obligations hereunder, including without limitation, to advertise, promote and market the Show or any other website owned by Hype Con Bay Area or to use in connection therewith, Exhibitor hereby grants Show Management a nonexclusive, royalty-free, revocable, non-transferable worldwide license (without the right to sublicense) to use Exhibitor’s trademarks, service marks, logos, trade names, copyrighted content, hypertext links, domain names, icons, buttons, banners, graphic files and images. Exhibitor will be responsible for securing any and all necessary licenses or consents for (a) any performances, displays or other uses of copyrighted works, trademarks or patented inventions or designs and (b) any use of any name, likeness, signature, voice or other impression, or other intellectual property owned by others at the Show.
Compliance Requirements: Exhibitor agrees to abide by, adhere to and be bound by all applicable federal, state and local laws, codes, ordinances, rules and regulations, including without limitation fire, utility and building codes and regulations, and any rules or regulations of the Exhibition Facilities, including any union labor work rules.
Taxes & Licenses: Exhibitor shall obtain any licenses, permits or approvals under federal, state or local law applicable to its activities at Hype Con Bay Area at its sole expense. Exhibitor shall obtain any necessary tax identification numbers and permits and for paying all taxes, license fees, use fees, or other fees, charges, levies or penalties that become due to any governmental authority in connection with its activities at Hype Con Bay Area. Additional information can be found here:https://www.cdtfa.ca.gov/industry/temporary-sellers/#Temporary-Seller
Limitation Of Liability: EXHIBITOR EXPRESSLY ASSUMES ALL RESPONSIBILITY, LIABILITY AND RISK ASSOCIATED WITH, RESULTING FROM OR ARISING IN CONNECTION WITH EXHIBITOR’S PARTICIPATION OR PRESENCE AT THE SHOW, INCLUDING WITHOUT LIMITATION, ALL RISKS OF THEFT, HARM, LOSS, DAMAGE OR INJURY TO OR OF ANY PERSON (INCLUDING DEATH), ITS OWN PROPERTY OR THE PROPERTY OF OTHERS, BUSINESS OR PROFITS OF EXHIBITOR, TORTIOUS ACTIVITY OF ANY KIND (INCLUDING LIBEL, SLANDER OR INJURIES CAUSED BY SOUND LEVELS IN OR AROUND EXHIBITOR’S EXHIBIT) WHETHER CAUSED BY NEGLIGENCE, INTENTIONAL ACT, ACCIDENT, ACTS OF GOD OR OTHERWISE PRIOR TO, DURING OR SUBSEQUENT TO THE PERIOD COVERED BY THIS AGREEMENT.
Transmissible Disease Warning: Exhibitor acknowledges that there is an inherent risk of exposure to communicable disease, including COVID-19, in any public place where people are present, and, by participating in the Exhibition, Exhibitor and each Exhibitor Representative voluntarily assume all risks related to such exposure. Exhibitor MUST adhere to all health guidelines published by Hype Con Bay Area, including but not limited to masks, hand santitizing, and other requirements as may be required by the event, venue, city, state, or federal agencies.
By electronically signing below:I understand and agree to each and all of the Terms and Conditions in this Agreement. My electronic signature is legally binding.
