EXHIBITOR APPLICATION - TERMS & CONDITIONS
"Event" means 2008 Estudiafuera Fair, currently scheduled to be held March 4th & 5th, 2008.
Event is owned, produced and managed by Estudiafuera Servicios Interactivos S.A . "Exhibitor" means, collectively, (i) the company or person that applied for exhibit space rental and agreed to enter into this contract upon acceptance by Estudiafuera in the manner stated below.
1. Contract Acceptance: The submission of the application form for exhibit space and email acceptance of the application by ESTUDIAFUERA constitutes a contract for the right to use exhibit space.
2. Assumption of Risks; Releases: Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor's participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits of Exhibitor, whether caused by negligence, intentional act, accident, act of God or otherwise. Exhibitor has sole responsibility for its property or any theft, damage or other loss to such property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. Neither Organizer nor the Exhibit Facility accepts responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Organizer nor the Exhibit Facility shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue any of them with respect to, any and all risks, losses, damages and liabilities whether described in this paragraph or not.
3. Indemnification: Exhibitor shall indemnify, defend (with legal counsel satisfactory to ESTUDIAFUERA), and hold Organizer and the Exhibit Facility harmless from and against any and all claims, demands, suits, liabilities, damages, losses, costs, fees (including attorneys' fees) and expenses which result from or arise out of or in connection with: (a) Exhibitors' participation or presence at the Event, (b) any breach by Exhibitor of any agreements, covenants, promises or other obligations under this contract or any other contract, arrangement or agreement; (c) any matter for which Exhibitor is otherwise responsible under the terms of this contract or any other contract, arrangement or agreement; (d) any violation or infringement (or claim of violation or infringement) of any law or ordinance or the rights of any party under any patent, copyright, trademark, trade secret or other proprietary right; (e) any libel, slander, defamation or similar claims resulting from the actions of Exhibitor; (f) harm or injury (including death) to Exhibitor; and (g) loss of or damage to property or the business or profits of Exhibitor, whether caused by negligence, intentional act, accident, act of God, theft, mysterious disappearance or otherwise.
4. Limitation of Liability: Under no circumstances shall Organizer or the Exhibit Facility be liable for any lost profits or any incidental, special, indirect, punitive or consequential damages whatsoever for any of their acts or omissions, whether or not the Organizer is apprised of the possibility of any such lost profits or damages. In no event shall Organizer's maximum liability under any circumstance exceed the amount actually paid to ESTUDIAFUERA by Exhibitor for exhibit space rental pursuant to this contract. Organizer makes no representations or warranties, express or implied, regarding the number of persons who will attend the Event or regarding any other matters. Management may employ reputable guards during the course of the exhibition to regulate the flow of attendees at the Event. These guards are not security guards. Neither Organizer, nor the owners or lessors of the Event Facility, shall assume any responsibility for Exhibitor's personal or other property. As a condition of exhibiting at the Event, Exhibitor shall insure its property against damage, loss and theft.
5. Assignment of Space: The primary purpose of exhibits at the Event is to inform fair visitors in Spain about University programs abroad that may be of interest to them in their desire to go abroad. ESTUDIAFUERA reserves the right to contract only with Exhibitors of its choosing. Promotional activities must be confined to the contracted space. ESTUDIAFUERA event management staff reserves the right to restrict or prohibit any contest, promotion, lottery, or give-away that causes blocking or disturbance to other exhibits or patrons or that could be considered illegal under laws where the exhibit is held. No Exhibitor shall assign, sublet or share space allotted without prior written acknowledgement of ESTUDIAFUERA show management staff.
6. Booth and Table Exhibit Placements: ESTUDIAFUERA shall be the final authority in assigning exhibit space. ESTUDIAFUERA may refuse acceptance of any contract for any or no reason. ESTUDIAFUERA reserves the right to determine the eligibility of any company or product for inclusion in the Event. No exhibitor shall exhibit or permit to be exhibited in the space allocated to it any product or service other than that specified in its application. ESTUDIAFUERA further reserves the right to add, alter or delete from the Event's floor plan at any time in its sole discretion.
7. Exclusions: ESTUDIAFUERA has the right to refuse any applicant for exhibit space as well as the right to restrict or evict any Exhibitor that, in the opinion of ESTUDIAFUERA, detracts from the general character of the Estudiafuera Fair. This reservation applies to displays, printed matter, promotional materials, noise, personal conduct, and methods of operation. In the event of such restrictions or evictions, ESTUDIAFUERA will not be liable for any refunds or other exhibit expenses.
8. Cancellation by Exhibitor: If Exhibitor desires to cancel this contract, Exhibitor may only do so by giving notice thereof in writing sent to ESTUDIAFUERA. In such case, Exhibitor will continue to be liable for 100% of the total exhibit fee unless the written notice of cancellation is received by ESTUDIAFUERA no later than January 1, 2008.
If written notice of cancellation is received before January 1, 2008, Exhibitor will be liable for 50% of the total exhibit fee.
9. Cancellation by ESTUDIAFUERA: If Exhibitor fails to make a payment required by this contract in a timely manner, ESTUDIAFUERA may terminate this contract (and Exhibitor's participation in the Event) without further notice and without obligation to refund any monies previously paid. ESTUDIAFUERA reserves the right to refuse Exhibitor permission to move in and set up an exhibit if Exhibitor is in arrears of any payment due to Organizer. ESTUDIAFUERA is expressly authorized (but has no obligation) to occupy or dispose of any space vacated or made available because of action taken under this paragraph in any manner it desires, and without releasing Exhibitor from any liability hereunder. ESTUDIAFUERA may also terminate this contract effective upon written notice of termination if Exhibitor breaches any of its obligations under this contract or any other contract or arrangement with Organizer, without any obligation on ESTUDIAFUERA' s part to refund any payments previously made and without releasing Exhibitor from any liability arising as result of or in connection with such breach. If ESTUDIAFUERA removes or restricts an exhibit that ESTUDIAFUERA considers to be objectionable or inappropriate, no refund will be due to Exhibitor.
10. Cancellation of the Event: If ESTUDIAFUERA cancels the Event due to circumstances beyond the reasonable control of ESTUDIAFUERA (such as acts of God, acts of war, governmental emergency, labour strike or unavailability of the Exhibit Facility), ESTUDIAFUERA shall refund to Exhibitor its exhibit space rental payment previously paid, minus a share of costs and expenses incurred by Organizer, in full satisfaction of all liabilities of Organizer to Exhibitor. ESTUDIAFUERA reserves the right to cancel, rename or relocate the Event or change the Event Dates. If ESTUDIAFUERA changes the name of the Event, relocates the Event to another event facility within the same city, or changes the Event Dates to dates that are not more than 30 days earlier or 30 days later, no refund will be due to Exhibitor, but ESTUDIAFUERA shall assign to Exhibitor, in lieu of the original space, other space as ESTUDIAFUERA deems appropriate and Exhibitor agrees to use that space under the terms of this contract. If ESTUDIAFUERA elects to cancel the Event other than for a reason previously described in this paragraph, ESTUDIAFUERA shall refund to Exhibitor its entire exhibit space rental payment previously paid, in full satisfaction of all liabilities of Organizer to Exhibitor.
11. Exhibit Space Occupancy: ESTUDIAFUERA shall specify the hours and dates for installing, occupying and dismantling exhibits. All exhibits must be attended at all times during the Event.
12. Entire Agreement: This contract represents the entire agreement between ESTUDIAFUERA and Exhibitor relating to the Event and supersedes any prior written or oral understandings, agreements or representations by or between ESTUDIAFUERA and Exhibitor relating to the Event.